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HomeMy WebLinkAbout05/22/07 CC ReportsCITY OF LAKE ELSINORE CITY COUNCIL AGENDA ROBERT E. " BOB" MAGEE, MAYOR WWW.LAKE- ELSINORE.ORG DARYL HICKMAN, MAYOR PRO TEM (951) 674 -3124 PHONE THOMAS BUCKLEY, COUNCILMEMBER (951) 674 -2392 FAX GENIE KELLEY, COUNCILMEMBER LAKE ELSINORE CULTURAL CENTER ROBERT SCHIFFNER, COUNCILMEMBER 183 NORTH MAIN STREET ROBERT A. BRADY, CITY MANAGER LAKE ELSINORE, CA 92530 �Fdcde9c9c� 'c�'c�9e9e9c�F�'c��'e�'e�' ens' c* �9e3e9r��' c��' es' e9e�edc�' c��' c�' e9e9e���e9c�e9e���e� 'e9e�e�e�9e9e9e4e���'e�e�e TUESDAY, MAY 229 2007 — CLOSED SESSION AT 5:00 P.M. PUBLIC SESSION AT 7:00 P.M. If you are attending this City Council Meeting please park in the Parking Lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation! CALL TO ORDER ROLL CALL CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — Significant exposure to litigation pursuant to subdivision (c) of Gov't Code § 54956.9: (1 potential case) RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL Page 2 — City Council Agenda — May 22, 2007 PRESENTATIONS /CEREMONIALS A. Proclamation — Eagle Scout B. Presentation to Student Valets C. Proclamation — National Public Work's Week D. Presentation — District Attorney Pacheco E. Chamber of Commerce Update CLOSED SESSION REPORT PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting) PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting. The Mayor will call on you to speak, when your item is called. CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Councilmember or any member of the public requests separate action on a specific item.) 1. Minutes. a. Joint City Council/Redevelopment Agency Study Session — January 23, 2007. b. City Council Meeting — January 23, 2007. RECOMMENDATION: Approve. 2. Warrant List — April 30, 2007. RECOMMENDATION: Ratify. Page 3 — City Council Agenda — May 22, 2007 3. Investment Report — March 31, 2007. RECOMMENDATION: Receive and file. 4. Resolution initiating proceedings and approving the Engineer's Report for the annexation of certain territory known as Makenna Court into the City of Lake Elsinore Landscape and Street Lighting District No. 1, as LLMD Annexation No. 19. RECOMMENDATION: Approve Engineer's Report for Annexation No. 19 ( Makenna Court) to LLMD No. 1. Adopt Resolution No. 2007 -74 of Intention to annex Makenna Court into LLMD No. 1. Schedule the public hearing on the District Formation for June 26, 2007. 5. Resolution of Intention to form Community Facilities District No. 2007 -1 (Law Enforcement, Fire and Paramedic Services) and to authorize the levy of a special tax. RECOMMENDATION: Adopt Resolution No. 2007 -75 of intention to form CFD No. 2007 -1. Schedule the public hearing for June 26, 2007. 6. TIF Fee Credit Agreement for transportation improvements constructed in connection with Centex Homes Ramsgate Development. RECOMMENDATION: Approve Street Improvement Reimbursement Agreement and authorize the Mayor to execute the agreement. Page 4 — City Council Agenda — May 22, 2007 PUBLIC HEARING 21. Resolution approving the annexation of territory and the levy of assessments for the Lake Elsinore Landscape and Street Lighting District No. 1 as Annexation Area No. 17 (La Laguna Phases 4 & 5). RECOMMENDATION: Open the public hearing and call for testimony. Close the public hearing. Direct the City Clerk to open sealed ballot(s), tally vote(s), announce the vote tally and state whether a majority protest exists. If no majority protest exists, Adopt Resolution No. 2007 -76 approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No. 1. 22. Resolution determining the validity of prior proceedings relating to annexation of property into City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services); call a special election, canvas election results; authorizing levy of special taxes for CFD No. 2003 -1 Annexation Area No. 23 (La Laguna Phases 4 & 5). RECOMMENDATION: Open the public hearing and take testimony. Adopt Resolution No. 2007 -77 determining the validity of prior proceedings. Adopt Resolution No. 2007 -78 calling a special election. Adopt Resolution No. 2007 -79 ordering canvassing of election results. Conduct the first reading of Ordinance No. 1223, by title only, authorizing the levy of a special tax. Page 5 — City Council Agenda — May 22, 2007 23. Adoption of Resolution No. 2007 -80 approving the City of Lake Elsinore Traffic Impact Fee Update and increasing Traffic Impact Fees for Development Projects within the City of Lake Elsinore. RECOMMENDATION: Adopt Resolution No. 2007 -80 adopting the Traffic Impact Fee Update Study and increase the TIF for development projects within the City. 24. Zoning Ordinance Text Amendment No. 2007 -02; a request to amend portions of the Lake Elsinore Municipal Code related to the modification of the minimum on -site landscape coverage percentage requirements within commercial and industrial zones. RECOMMENDATION: Deny the proposed Text Amendment. Alternatively, if the City Council wishes to make some or all of the proposed changes to the landscaping requirements, direct the City Attorney to prepare an ordinance accordingly. 25. Extension of time for Tentative Tract Map No. 32077. RECOMMENDATION: BUSINESS ITEMS Adopt Resolution No. 2007 -81 approving a one -year Extension of Time for Tentative Tract Map No. 32077. 31. Second Reading — Ordinance No. 1222 — Amending and restating Chapter 5.18 of the Lake Elsinore Municipal Code regarding Masseurs, Masseuses and Massage Parlors. RECOMMENDATION: Adopt Ordinance No. 1222, upon second reading, by title only. Page 6 — City Council Agenda — May 22, 2007 32 33. CR &R — Annual consumer price index increase. RECOMMENDATION: City Park Planting Plan. RECOMMENDATION: Approve the CPI increase and application of new rates for refuse pick -up, recycling and disposal to take effect on July 1, 2007. Approve the Planting Plan, timeline and funding recommendation for the City Park Tree Removal and Replanting project. Commercial Design Review No. 2006 -05. RECOMMENDATION: Adopt Resolution No. 2007 -82 adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan (MSHCP), Adopt Resolution No. 2007 -83 approving Commercial Design Review No. 2006 -05. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting) CITY MANAGER COMMENTS CITY ATTORNEY COMMENTS COMMITTEE REPORTS CITY TREASURER COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT CITY OF LADE LSII`IOKE L TM DREAM EXTREME WHEREAS, Matthew Jansen achieved the highest rank of Boy Scouts of America on April 24, 2007, in Troop 99 at the age of 14; and WHEREAS, Matthew began scouting at the age of 9 and has honored the Scouting Tradition throughout his years in Scouting; and WHEREAS, Matthew's Eagle Scout Project consisted of constructing, assembling, and replacing 17 trail signs, 10 posts and 34 bird perches for the Santa Rosa Plateau Ecological Reserve; and WHEREAS, Matthew personally spent 67-1/2 hours on the project, recruited 25 volunteers and raised $850 to complete the project; and WHEREAS, Matthew has participated in many volunteer activities as a scout and has supported many other Eagle Scouts in their projects in the community. Now, therefore, the Mayor and City Council of the City of Lake Elsinore, this 22nd day of May 2007, hereby commend Matthew Jansen for his dedication and determination in order to achieve the honor of Eagle Scout and encourage him to continue his efforts in Scouting and the community. AGENDA ITEM NCB m PAGk�OF A, ROBERT E. MAGEE MAYOR CITY OF LADE LSII`IOI�E L %L .M DREAM EXTREME `. TO: IN RECOGNITION FOR: YOUR SERVICE AS A STUDENT VALET AT RICE CANYON ELEMENTARY DURING SCHOOL YEAR 2006/2007 May 22, 2007 AGENDA ITEM NO. PAGE -k ®F. __1_____ ROBERT E. MAGEE MAYOR :7 CITY OF LADE LS I l`IOPZ,,E L u DREAM EXTREME iM TO: JARRED OAKES IN RECOGNITION FOR: YOUR SERVICE AS A STUDENT VALET AT RICE CANYON ELEMENTARY DURING SCHOOL YEAR 2006/2007 May 22, 2007 AGENDA 1" ENi t,10-__� - PAGE I — OF____A ---_ ROBERT E. MAGEE MAYOR El C: CITY OF LADE , LSIRORE L % ? DREAM EXTREME TO: CHRISTINA VILLARREAL IN RECOGNITION FOR: YOUR SERVICE AS A STUDENT VALET AT RICE CANYON ELEMENTARY DURING SCHOOL YEAR 2006/2007 May 22, 2007 AGENDA ITEM NO. 5 PAGE_t GF� ROBERT E. MAGEE MAYOR r. CITY OF LADE LSIfiOKE L -u DREAM EXTREME TO: VICTORIA AQUINO IN RECOGNITION FOR: YOUR SERVICE AS A STUDENT VALET AT RICE CANYON ELEMENTARY DURING SCHOOL YEAR 2006/2007 May 22, 2007 AGENDA i Esc? Wt3.__�_ PAGE t; ROBERT E. MAGEE MAYOR CITY OF LADE LS If 1OR.,E L `rM DREAM EXTREME TO: MATTHEW LUMANTAS IN RECOGNITION FOR: YOUR SERVICE AS A STUDENT VALET AT RICE CANYON ELEMENTARY DURING SCHOOL YEAR 2006/2007 May 22, 2007 AGENDA ?AGE______LGF- -�- ROBERT E. MAGEE MAYOR :7 CITY OF LADE LS I Ili OP..,,E L %v DREAM EXTREME `.M TO: NATHAN LEIST IN RECOGNITION FOR: YOUR SERVICE AS A STUDENT VALET AT RICE CANYON ELEMENTARY DURING SCHOOL YEAR 2006/2007 May 22, 2007 AGENDA ITEM NO. PACE 1 ROBERT E. MAGEE MAYOR i CITY OF LADE LS I I`OP-,,,E L u DREAM EXTREME `.M TO: CAILIN ROWE IN RECOGNITION FOR: YOUR SERVICE AS A STUDENT VALET AT RICE CANYON ELEMENTARY DURING SCHOOL YEAR 2006/2007 May 22, 2007 AGENDA ITEM NO. PAGE 1 - -� �-� ---- -- ROBERT E. MAGEE MAYOR CITY OF LAKE LLSII`�OI�E L `.M DREAM EXTREME TO: ALISSA WILLIAMS IN RECOGNITION FOR: YOUR SERVICE AS A STUDENT VALET AT RICE CANYON ELEMENTARY DURING SCHOOL YEAR May 22, 2007 2006/2007 ROBERT E. MAGEE MAYOR G CITY OF LADE LSIfi0RE L DREAM EXTREME TO: JUAN BELTRAN IN RECOGNITION FOR: YOUR SERVICE AS A STUDENT VALET AT RICE CANYON ELEMENTARY DURING SCHOOL YEAR 2006/2007 May 22, 2007 s AGENDA ilUV"� PAGE OF—L-- ROBERT E. MAGEE MAYOR CITY OF LAKE - LSII`�OI�E L DREAM EXTREME TO: ZACHARY BURKHART IN RECOGNITION FOR: YOUR SERVICE AS A STUDENT VALET AT RICE CANYON ELEMENTARY DURING SCHOOL YEAR 2006/2007 May 22, 2007 FLAG --Li?F ROBERT E. MAGEE MAYOR ♦ t CITY OF w LADE rqLSlfloP,,E %L DREAM EXTREME TO: JAMES McMAHON IN RECOGNITION FOR: YOUR SERVICE AS A STUDENT VALET AT RICE CANYON ELEMENTARY DURING SCHOOL YEAR 2006/2007 May 22, 2007 ROBERT E. MAGEE MAYOR CITY OF LADE LS I I`IORE L DREAM EXTREME TO: MAKAYLA KOENINGS IN RECOGNITION FOR: YOUR SERVICE AS A STUDENT VALET AT RICE CANYON ELEMENTARY DURING SCHOOL YEAR May 22, 2007 2006/2007 ROBERT E. MAGEE MAYOR ♦ e CITY OF W- LAIEE LS I I t,910R,,E iu DREAM EXTREME `.M WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as streets, public buildings, parks and streetscapes; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, construction and maintenance is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments are materially influenced by the people's attitude and understanding of the importance of work they perform. Now, therefore, the Mayor and City Council of the City of Lake Elsinore, this 22nd day of May 2007, do hereby proclaim the week of May 21St, 2007, as "National Public Works Week" and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort and quality of life. AGENDA ITEM NO. C PACE i OF 1 ROBERT E. MAGEE MAYOR MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 23, 2007 CALL TO ORDER Mayor Magee called the Joint Study Session to order at 4:04 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Lake & Aquatic Resource Director Kilroy, Information /Communications Manager Dennis, City Engineer Seumalo, Building & Safety Manager Chipman, Planning Manager Weiner, City Treasurer Weber and City Clerk Ray. DISCUSSION ITEMS Mayor Magee gave an overview of the presentations and confirmed that the awardees would be present at the 7:00 p.m. meeting. PUBLIC COMMENTS None. Agenda Item No. I_ Page 1 of 5 PAGE 2 STUDY SESSION MINUTES — JANUARY 23, 2007 CONSENT CALENDAR 1. Minutes. No comments. 2. Warrant List — January 16, 2007. Councilmember Hickman requested clarification of various checks issued on the warrant list. Staff clarified the items. 3. Investment Report — September 2006. No comments. 4. Investment Report - October 2006. No comments. 5. Investment Report — November 2006. No comments. 6. Claims against the City submitted by Jose Prado, Craig Insurance Services on behalf of Juan Navarrete and Helena Stepniak. No comments. 7. Janitorial Maintenance Contract. No comments. 8. Professional Services Agreement for Records Management with Gladwell Governmental Consultant Services. Mayor Magee inquired whether this was already part of the City Clerk's budget. City Manager Brady confirmed that the item was already a part of the City Clerk's budget. Agenda Item No. a Page 2 of 5 PAGE 3 STUDY SESSION MINUTES — JANUARY 23, 2007 PUBLIC HEARINGS 21. Canyon Hills Estates — Final Environmental Impact Report No. 2006 -02, General Plan Amendment No. 2006 -04, Specific Plan No. 2006 -01 and Tentative Tract Map No. 34249. Councilmember Kelley inquired which roads would be involved and the circulation of the roads. City Engineer Seumalo explained the proposed plan. Mayor Magee suggested that the requirements in regard to the project be presented at the 7:00 pm meeting. City Manager Brady stated he would be meeting with City Engineer Seumalo regarding this matter. 22. Tentative Tract Map No. 32481 Cape of Good Hope Specific Plan. No comments. 23. Resolution Approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No. 1 as Annexation Area No. 14 (Trieste) pursuant to the Landscaping and Lighting Act. of 1972. No comments. 24. Approving Fee Deposit and Reimbursement Agreements, approving the formation of CFD No. 2006 -9 (Trieste); to incur bonded indebtedness and calling a special election; canvassing election results; authorizing levy of special taxes. No comments. BUSINESS ITEMS 31. 2008 Appropriations Request (Proposed). Mayor Magee requested that the item be brought back to City Council. Agenda Item No.��J`` Page 3 of 5 PAGE 4 STUDY SESSION MINUTES — JANUARY 23, 2007 REDEVELOPMENT AGENCY CONSENT CALENDAR 1. Minutes No comments. 2. Warrant List — January 16, 2007 No comments. 3. Investment Report — October 2006 No comments. 4. Investment Report — November 2006 No comments. BUSINESS ITEMS None. ADJOURNMENT THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION WAS ADJOURNED AT 4:22 P.M. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY Agenda Item No. _ Page 4 of 5 PAGE 5 STUDY SESSION MINUTES — JANUARY 23, 2007 Respectfully submitted, STEPHANIE CASTANEDA, CITY CLERKS OFFICE Agenda Item No. Page 5 of 5 MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 239 2007 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resource Director Kilroy, City Engineer Seumalo, Information /Communications Manager Dennis and City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:00 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Information/Communications Manager Dennis. Agenda Item No.Vb Page 1 of 15 Page 2 — City Council Meeting Minutes — January 23, 2007 INVOCATION — MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE BUCKLEY (Councilmember Buckley arrived at 7:08 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Information /Communications Manager Dennis, Chief of Police Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUTAION (Pursuant to Gov't Code § 54957: City Clerk) B. CONFERNECE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9: (2 potential cases) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): Property: APN 370 - 060 -050 (33751 Mission Trail) Negotiating parties: City of Lake Elsinore and County of Riverside Under negotiation: price and terms of payment Agenda Item No.�b Page 2 of 15 Page 3 — City Council Meeting Minutes — January 23, 2007 D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code § 54956.8): Property: APNs 389-100-015; 389-100-016; 389-100-019; 389-100-024; 389-100-025 Negotiating parties: City of Lake Elsinore and David L & Margot M. Frymire; Wanda Myers & Tyra Elliott; Michael P. & Elene F. Mackey Trust; David & Elizabeth Harrold Under negotiation: price and terms of payment CLOSED SESSION REPORT 7:14:32 PM City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items "A, B, C and D" were discussed and there was no reportable action. PRESENTATION /CEREMONIALS 7:07:35 PM A. Presentation — Certificate of Appreciation — H.O.P.E. Mayor Magee called Ron Hewison forward to join him at the podium. Mayor Pro Tem Hickman read and presented the Certificate of Appreciation to Mr. Hewison. Mayor Pro -Tem Hickman commended H.O.P.E. for their work in serving the community throughout the year. Mr. Hewison thanked the City Council and commented on H.O.P.E. being a partnership within the community. He also commented on a need for volunteers. B. Business of the Year 2006 — Castle & Cooke. Mayor Magee called Tom Tomlison forward to join him at the podium. Mayor Magee commended Castle & Cooke for their contribution to our community and for their involvement in building the Boys and Girls Club. Mr. Tomlinson thanked the City Council on behalf of Castle & Cooke Chairman David H. Murdock. Agenda Item No.Lb Page 3 of 15 Page 4 — City Council Meeting Minutes — January 23, 2007 C. Chamber of Commerce Update. Mayor Magee called Mr. Kim Cousins to the podium. Mr. Cousins noted that the Chamber had an outstanding year in 2006. He noted the Chamber membership has grown by over 37 %. He noted that the Chamber website had also grown. Mr. Cousins commented on the Installation Dinner and Awards Ceremony being held at Pechanga on January 27'. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE 7:17:51 PM Ruth Atkins commented on a play being presented by a resident playwright at Elsinore High School and encouraged all to attend the production. Bill Arnold commented on his concern for the taxation in the Summerhill area and the increase in the number of homes for rent. He also noted that Section 8 was being brought into their neighborhoods by residents unable to sell their homes because of high taxes. Mark Gibbs commented on the $2.5 million property tax in Summerhill area and the increase in empty houses. Alexis Gibson commented on the $2.5 million property tax being given back to the residents of Summerhill. CONSENT CALENDAR ITEMS 7:24:41 PM MOVED BY KELLEY, SECONDED BY SCHIFFER AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following minutes were approved: a. Joint City Council/Redevelopment Agency Study Session — December 12, 2006. b. City Council Meeting — December 12, 2006. Agenda Item No.� 10 Page 4 of 15 Page 5 — City Council Meeting Minutes — January 23, 2007 2. Ratified Warrant List for January 16, 2007. 3. Received and filed Investment Report for September 2006. 4. Received and filed Investment Report for October 2006. 5. Received and filed Investment Report for November 2006. 6. Rejected claims against the City submitted by Jose Prado, Craig Insurance Services on behalf of Juan Navarrete and Helena Stepniak. 7. Issued a 60 -day notice of termination to Merchants Building Maintenance Co., termination effective March 31, 2007. Executed a Maintenance Contract agreement with Environmental Cleaning Solutions for a one (1) year term commencing April 1, 2007, and can be extended in one (1) year increments (up to three years) with City Manager approval. 8. Approved the Records Management Consulting Agreement with Gladwell Governmental Consultant Services and authorized the City Manager to execute the agreement, subject to such minor modifications and in such final form as approved by the City Attorney. PUBLIC HEARINGS 7:25:25 PM 21. Canyon Hills Estates — Final Environmental Impact Report No. 2006 -02 General Plan Amendment No. 2006 -04, Specific Plan No. 2006 -01 and Tentative Tract Map No. 34249. Community Development Director Preisendanz commented on resident's concerns regarding public noticing. He noted that all City residents were notified by mail, newspaper advertising and notices that were posted at the project site, as well as City Hall. He noted residents expressed a concern regarding Navajo Springs Road which was a private road being used for public use. Christine Porter commented that she has received previous notices, but did not receive the last notice. She noted the project borders her property line. She also commented on her concern for the economy being able to sustain another 300 homes. Agenda Item No.Lb Page 5 of 15 Page 6 — City Council Meeting Minutes — January 23, 2007 Tracy Thompson commented on her concern regarding the traffic on Lost Road, onto Navajo Springs Road. She commented on the safety of the children in the area of the school and the park. She also inquired whether or not a new school will be built to accommodate new residents. Steve Uraine commented that he was against the use of the private road to access the development. Mr. Sebaz commented that he was against the annexation. John Flanagan commented that he was in favor of the annexation. Bridget Moore commented on the rights of the land owners. Bob Cashman commented on the Wildomar boundaries and stated that the annexation was hostile. Sheryl Aide commented on her concern for the wildlife and the small efforts of Trumark. Gary Andrea commented on current trails and access to the trails. Michael O'Neal, Chairman of the Planning Commission, commented that the Planning Commission voted 5 -0 to approve the item and commended staff members for their hard work. Vicki Mata of Trumark thanked City staff for all their hard work on the project. Mayor Magee requested that staff address the questions and concerns presented. City Engineer Seumalo commented on funding mechanisms and the cooperation needed to improve the circulation of the roads. He commented on a traffic study that was done and was reviewed by the Engineering staff. Community Services Director Sapp commented on meeting with Mr. Andre and the developer to discuss the importance of the development. Agenda Item No.00 Page 6 of 15 Page 7 — City Council Meeting Minutes — January 23, 2007 Community Development Director Preisendanz commented on sufficient buffering between the existing development and the proposed development. Administrative Services Director Pressey commented on the negotiation for taxes related to this annexation. Mayor Magee closed the public hearing at 8:01 p.m. Councilmember Buckley inquired that if once you are annexed into the City, you are included in the mosquito district. He inquired on what Trumark expected home sale prices would be. Vicki Mata Trumark, stated that they are expected to be priced from the mid $300 thousand to $800 thousand. Councilmember Buckley commented on the redesign of the road in case of denial. He further commented on working with the Trails Commission and the developer regarding the type of trails needed. He noted the number of homes in Canyon Hills. He commented on the dramatic changes to the City recently. Councilmember Kelley commented on Homeowners Association meetings and how Ms. Mata stated that Trumark remained in contact with the homeowners and no questions or concerns have been addressed. Aileen Taber, Trumark Attorney, commented on the difference between a private, public and county road. She stated Navajo Springs is considered to be a public road. Councilmember Buckley inquired on whether a school was being built or if the project had been abandoned. Ms. Taber stated that the school boundaries are being reconsidered. Councilmember Kelley commented that she supported the item. Mayor Pro Tem Hickman commented on his concern for the safety of the children and if it would be possible to install a stop sign. City Engineer Seumalo stated a traffic study could be done. Agenda Item No.�b Page 7 of 15 Page 8 — City Council Meeting Minutes — January 23, 2007 Mayor Pro Tem Hickman commented that Rick Estes, President of the Wildomar Chamber, had agreed to work with City staff and RCTC on the road development program. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-04 CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 2006-02. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION 2007 -05 ADOPTING FINDINGS OF CONSISTENCY WITH THE MSHCP. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-06 APPROVING GENERAL PLAN AMENDMENT NO. 2006-04. MOVED BY SCHIFFNER SECONDED BY BUCKLEY TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1207. ORDINANCE NO. 1207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN NO. 2006-01. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Agenda Item Not b Page 8of15 Page 9 — City Council Meeting Minutes — January 23, 2007 MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS TO ADOPT RESOLUTION 2007- 07 APPROVING TENTATIVE TRACT MAP NO. 34249 AND TO INCLUDE A TRAFFIC STUDY OF LOST ROAD AT THE EXPENSE OF THE DEVELOPER. 22. Tentative Tract Map No. 32481 Cape of Good Hope Specific Plan. 8:25:37 PM Mayor Magee opened the public hearing at 8:22 P.M. Community Development Director Preisendanz commented on the size of the lots. He stated that the Planning Commission recommended approval. Elvia Miller commented she was against the project and the traffic that it would bring to the City. She noted she was not in favor of cutting trees, she noted that it contributed to global warming. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone wishing to speak at all. Randy Zigler, applicant, stated he could not control the weather, the oak trees or global warming. Mayor Magee closed public hearing at 8:26 p.m. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-08 ADOPTING FINDINGS OF CONSISTENCY WITH THE MSHCP. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-09 APPROVING TENTATIVE TRACT MAP NO. 32481. 8:32:05 PM 23. Resolution approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No. 1 as Annexation Area No. 14 (Trieste) pursuant to the Landscaping and Lighting Act of 1972. Agenda Item No.il--) Page 9 of 15 Page 10 — City Council Meeting Minutes — January 23, 2007 Mayor Magee opened the public hearing at 8:27 p.m. City Manager Brady commented on the item. He requested that the City Attorney announce the notice of the item. City Attorney Leibold announced that the notice had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey commented on the annexation being set up to pay for the cost of electricity to maintain the street lights in the development. He stated staff and Council would review the cost which would be levied each year. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone who wished to speak at all. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-10 APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1. Mayor Magee inquired if there were any property owners subject to the proposed assessments who wished to file a written protest. He noted that if there were any property owners who wished to file a written protest, they must file it with the City Clerk at that time. He noted that for purpose of a majority protest, only written protests were to be considered. Mayor Magee closed the public hearing at 8:30 p.m. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if a majority protest had been made. City Clerk Ray tabulated the ballots and announced that a majority protest did not exist. Agenda Item No.W Page 10 of 15 Page 11— City Council Meeting Minutes — January 23, 2007 THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE. 8:36:02 PM 24. Approving Fee Deposit and Reimbursement Agreements, approving the formation of CFD No. 2006 -09 (Trieste); to incur bonded indebtedness and calling a special election; canvassing election results; authorizing levy of special taxes. Mayor Magee opened the public hearing at 8:31 p.m. City Manager Brady commented on the item. He requested that the City Clerk announce the notice of the item. City Clerk Ray announced that the notice had been published in accordance of the Mello Roos Community Facilities Act of 1982 and proof of such publication is on file in the City Clerk's office. Administrative Services Director Pressey commented on the number of units associated with the project, and the improvements that would take place. He stated the average residential special tax was set for $2,895 which was within the 2% City guidelines. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. Bridget Moore commented on bringing more condominiums to the area and she stated that she is not in favor of this project. Mayor Magee inquired if there were any property owners subject to the proposed assessments who wished to file a written protest. He noted that if there were any property owners who wished to file a written protest, they must file it with the City Clerk at that time. He noted that for purpose of a majority protest, only written protests were to be considered. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-11 APPROVING TWO FEE DEPOSIT AND REIMBURSEMENT AGREEMENTS. Agenda Item No.1 Page 1 I of 15 Page 12 — City Council Meeting Minutes — January 23, 2007 MOVED BY HICHMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-12 APPROVING THE FORMATION OF THE DISTRICT. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-13 TO INCUR BONDED INDEBTEDNESS AND CALLING A SPECIAL ELECTION. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if two - thirds of the votes cast are in favor. City Clerk Ray tabulated the ballots and announced that two - thirds of the votes cast were in favor. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-14 ORDERING CANVASSING OF THE ELECTION RESULTS. Ms. Moore commented on bringing more condominiums to the area. She stated that she is not in favor of the project. Mayor Magee inquired if there were any property owners subject to the proposed assessments who wished to file a written protest. He noted that if there were any property owners who wished to file a written protest, they must file it with the City Clerk at that time. He noted that for purpose of a majority protest, only written protests were to be considered. MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1208. ORDINANCE NO. 1208 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAX. Agenda Item No) b Page 12 of 15 Page 13 — City Council Meeting Minutes — January 23, 2007 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUSINESS ITEMS 31. 2008 Appropriations Request. BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE NONE NONE City Manager Brady commented on projects that Council would seek funding for from Washington in February. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO APPROVE PROPOSED APPROPRIATIONS REQUESTS AND CONCUR WITH DIRECTION FROM THE FERGUSON GROUP TO REINSTITUTE THE CITY'S FISCAL YEAR 2007 CONGRESSIONAL AGENDA IN FISCAL YEAR 2008. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:46 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:47 P.M. PUBLIC COMMENTS Elvia Miller commented on trees on Grand Avenue that are coming down. She inquired if anyone knew what was happening with the trees. She commented on the global climate change and was in favor of conserving trees. Agenda Item No:L6 Page 13 of 15 Page 14 — City Council Meeting Minutes — January 23, 2007 CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Noted there would be a Joint Planning Commission/City Council Study Session on February 1, 2007. CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Noted that Council decided at the mid -year budget meeting to increase police officers and that funding will need to be looked at. CITY COUNCIL COMMENTS Mayor Pro Tem Hickman commented on the following: 1) Commented on the scam targeting Social Security recipients. Noted it was still going strong and senior citizens needed to be aware. 2) Noted that volunteers were needed to take a census on the homeless. Councilmember Buckley commented on the following: 1) Inquired when the Summerhill bond would be brought back to Council. City Manager Brady stated it will be brought back on February 27, 2007. Agenda Item No.bc Page 14 of 15 Page 15 — City Council Meeting Minutes — January 23, 2007 The Regular City Council Meeting was adjourned at 8:52 p.m. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE RESPECTFULLY SUBMITTED: STEPHANIE CASTANEDA, CITY CLERK'S OFFICE Agenda Item No.A-10— Page 15 of 15 APRIL 3 00 2007 CITY OF LAKE ]E]LSINOR E WARRANT SUMMARY FUND# FUND DFSCIRIPTION TOTAL 100 GENERAL FUND $ 1,177,909.29 104 TRAFFIC OFFENDER FUND 8,189. 105 MISCELLANEOUS GENERAL PROJECT FUND 333,611.3 - - -- 110 STATE GAS TAX FUND 232.67 -_ 112 TRANSPORTATION /MEASURE A FUND ? 118 LAKE SIDE FACILITIES DIFF - 11,026.21 -- - - 130 - - LIGHTING /LANDSCAPE MAINTENANCE FUND 79,185. 135 L.L.M.D. NO. 1 FUND 4,5 201 STREET C.I.P. FUND - -- 1 000. - 204 SIGNAL C.I.P. FUND 690.00 205 TRAFFIC IMPACT FEE FUND -- - 4,370.0 - - - 221 PARK C.I.P. FUND 216_,985.7 231 LIBRARY C.I.P. FUND - - - 1,557.90 - - 254 - -- - - 89 -1 RAILROAD CANYON IMPROVEMENT FUND 1,597.67 357 C.F.D. 2003 -02 DEBT SERVICE FUND 1,750.00 362 C.F.D. 95 -1 (1996 -E) DEBT SERVICE FUND 900.00 363 C.F.D. 88 -3 (1111997-A) DEBT SERVICE FUND 1,350.00 365 C.F.D. 98 -1 SUMMERHILL DEBT SERVICE FUND 900.00 366 C.F.D. 2005 76 CITY CENTER DEBT SERVICE FUND 900.00 367 C.F.D. 2006 -1 SUMMERLY /LAING DEBT SERVICE FUND 2,190.00 368 C.F.D. 2006 -2 VISCAYA DEBT SERVICE FUND 900.00 369 C.F.D. 2004 -3 ROSETTA CANYON DEBT SERVICE FUND _15,710.00 371 C.F.D. 2005 -1 SERENITY DEBT SERVICE FUND 900.00 372 C.F.D. 2005 -2 ALBERHILL RANCH DEBT SERVICE FUND 3,330.00 373 C.F.D. 2005 -5 WASSON CANYON DEBT SERVICE FUND 900.00 374 C.F.D. 2005 -4 LAKE VIEW VILLAS DEBT SERVICE FUND 350.00 375 C.F.D. 2006 -4 TR #30698/32129 350.00 376 C.F.D. 2006 -3 LA STRADA DEBT SERVICE FUND 350.00 377 C.F.D. 2006 -X LUMOS/TESSARA 350.00 378 C.F.D. 2006 -8 TRACT #31957 DEBT SERVICE FUND 350.00 381 C.F.D. 2006 -10 RIVERLAKE VILLAS DEBT SERVICE FUND - -- 350.00 -- - - 382 -- -------- -- C.F.D. 2006 -0 TRIESTE DEBT SERVICE FUND 350.00 383 C.F.D. 2007 -X CANYON HILLS DEBT SERVICE FUND 5,820.00 605 PUBLIC IMPROVEMENT TRUST FUND 11,374.00 606 MOBILE SOURCE AIR POLLUTION 4 588.88 608 TRUST DEPOSIT AND PRE -PAID EXPENSE 2,226.72 620 COST RECOVERY SYSTEM FUND 150,588.24 650 C.F.D. 2003 -1 LAW & FIRE SERVICE FUND 2,700.00 651 C.F.D. 2006 -5 PARKS, OPEN SPACES & STORM DRAIN MAINTENANCE 100.00 GRAND TOTAL $ 2,073,565.80 5/3/2007 Warrant 043007 AGENDA ITEM NO. 1 of 1 PAGE f OF Cc APRIL 30, 2007 CITY OF LAKE ]ELSINORE WARRANT LIST CHECK# VENDOR NAME AMOUNT 90096 V VOID (ALOHA LEISURE CO.) $ $ (14.00) _ VOID (R.J. NOBLE COMPANY, INC.) _ -__ -- _ __ - -- - - -- 185,143.36) - - - - 4,151.96 90251 R R.J. NOBLE COMPANY, INC. 1 180,991.40 - - - - -- 90 - - - - -- - - - 550.00 90254 L LAKE ELSINORE VALLEY CHAMBER OF COMMERCE - -_ 90255 C COPS FOR KIDS 3 380.00 90256 E E. V. M. W. D. 1 137 223.63 90257 - E E. V. M. W. D. 1 19,129.00 90258 J JONES & STOKES 8 88,071.00 90259 I I.C.M.A. RETIREMENT TRUST 4 4,165.50 90260 U UNION BANK OF CALIFORNIA 4 42,274.26 90262 V VOID 0 0.00 90263 -90264 A A & A JANITORIAL SERVICE 3 3,613.75 90265 A A. HODGES, INC. 1 1,250.00 90266 A ACTION PARK ALLIANCE, INC. 4 4,166.00 90267 A ACTIVE MOTORSPORTS 3 387.96 90268 A ADVANCED ENVIRONMENTAL SERVICE 3 3,574.16 90269 A ALL PHASE REFRIGERATION & AIR 3 358.83 90270 A AMERICAN ASPHALT SOUTH, INC. 1 18 623.57 90271 A AMERICAN BATTERY SUPPLY 4 420.23 90272 A AMERICAN EXPRESS 1 1,787.19 90273 A AMERICAN FENCE COMPANY, INC. 6 60.00 90274 A AMERICAN FORENSIC NURSES 5 556.00 90275 A AMERON POLE PRODUCTS & SYSTEMS 1 14,594.74 90276 A ANGELICA ESCOBAR 2 28.75 90277 A ANIMAL FRIENDS OF THE VALLEY 7 7,500.00 90278 -90279 A APPLE ONE EMPLOYMENT SERVICE 7 7,961.53 90280 A APPLIED CONCEPTS, INC. 8 8,189.00 90281 A ARTISAN GOLDSMITHS & AWARDS 2 28.77 90282 A AW DIRECT, INC. 5 54. 90283 B B _AC KFLOW CERTIFICATION 1 1,975.00 90284 B BEACH DESIGN, INC. 4 4,410.00 90285 B BEACON ATHLETICS 4 434.14 90286 B BLOOMFIELD GROUP, INC. 7 786.25 90287 F FRED BOMMER 3 329.30 90288 B BOOJUM INSTITUTE FOR EXPERIENTIAL 3 3,190.00 90290 BUREAU VERITAS NORTH AMERICA INC. 24,946.18 90291 C.S. LEGACY CONSTRUCTION, INC. 216,435.72 90292 THE CABINET PLANT 16,663.00 90293 CALIFORNIA BUILDING OFFICIALS 215.00 90294 CALIFORNIA WATER AWARENESS CAMPAIGN 400.0 - 0 90295 STATE OF CALIFORNIA, DEPARTMENT OF JUSTIC_E 350.0 90296 CAMBERN & CENTRAL INVESTORS, L.L.C. 238,649.25_ 90297 CANON FINANCIAL SERVICES, INC. 2,137.01 90298 CCP INDUSTRIES, INC. 988.69 90299 CENTEX HOMES 17 480.85 90300 CHILDREN'S HOSPITAL 760.00 90301 -cm-CAPITAL 48.10 90302 CITICORP VENDOR FINANCE, INC. 770.41 90303 CM WASH EQUIP1 E_NT 541.70 AGENDA ITEM NO. 5/3/2007 Warrant 043007 1 OF 5 PAGE :--2— OF APRIL 30, 2007 CITY OF LAKE ELSINORE CHECK# VENDOR NAME 90304 CMS BUSINESS FORMS, INC. 90305 CNH CAPITAL AMERICA L.L.C. 90306 COLOR TECH COMMERCIAL PRINTING 90307 COMPUTER ALERT SYSTEMS, INC. 90308 COMTRONIX OF HEMET 90309 KIRT A. COURY 90310 -90311 CUTTING EDGE STAFFING, INC. 90312 D & S ELECTRIC 90313 D.W. SARVER PAINTING 90314 DANIELS TIRE SERVICE, INC. 90315 DAVID S. PARLETT 90316 DELTA SERVICES 90317 DEPT. OF HOUSING& COMMUNITY DEVELOPMENT 90318 DESERT PALMS HOTEL & SUITES 90319 DO IT CENTER 90320 CAROLE K. DONAHOE, A.I.C.P. 90321 DOWNS COMMERCIAL FUELING, INC. 90322 DRESCO REPRODUCTION, INC. 90323 -90329 E. V. M. W. D. 90330 ELAINE VALENZUELA _ 90331 ELAN ASSOCIATES 90332 ELIE FARAH, INC. -_ 90333 ELITE ELEVATOR, INC. 90334 ELSINORE ELECTRICAL SUPPLY, INC. 90335 ELSINORE PIONEER LUMBER CO. 90336 ELSINORE VALLEY RENTALS 90337 EMKAY, INC. _ - - 90338 ENFORCEMENT TECHNOLOGY, INC. 90339 ESSCO LAKE ELSINORE 90340 -90341 EXCEL LANDSCAPE, INC. 90342 EXCEL SALES & SERVICE, INC. 90343 FARMER BROTHERS CO. 90344 FEDERAL EXPRESS CORPORATION 90345 FERANDELL TENNIS COURTS, INC. 46-346 FERGUSON GROUP, L.L.C. 90347 LOUIS FETHEROLF 90348 MAUREEN FOSTER DAVIS 90349 FRANKLIN COVEY 90350 GAIL MATERIALS, INC. _ 90351 GFOA HOUSING BUREAU 90352 GOLDEN OFFICE TRAILERS, INC. 90353 GREENSCAPE LANDSCAPE, INC. - - -- -90354 -- HARDY &HARPER, INC.------ 90355 -90359 HARRIS & ASSOCIATES, INC. 90360 HARRIS & ASSOCIATES, INC. 90361 HARTZOG & CRABILL, INC. 90362 STORAGE CONTAINERS, INC. _ 90363 _HAULAWAY HDR ENGINEERING, INC. 90364 HELEN INGOLD 90365 HEMET FENCE CO. _ 90366 HI -WAY SAFETY, INC. 90367 IMPACT PROMOTIONAL PRODUCT_ S 90368 INLAND EMPIRE LOCK & KEY 5/3/2007 Warrant 043007 2 OF 5 WARRANT LIST AMOUNT 129 29 - - -_ 3 251 42 - - 827.52 327.00 - - - -- - 384.73 6,0_05.67 9,322.00 18,000.00 1,775.00 298.60 30.00 81.03 _ 76.00 364.80 373.67 3,086.10 5,315.51 53.60 29,485.79 325.00 37.34 16,795.52 5,971.57 -- 28.97 790.00 7,975.13 473.94 50.00 - - 188.08 3,851.14 391.02 269.38 45,740.00 13,994.70 124,931.44 4,926.50 9,048.60 210.00 148,870.48 325.00 1,895.00 4,099.40 5_57.16 -- 525.77 AGENDA ITEM NO. PAGE -3 OF_�� APRIL. 30, 2007 CITY OF LAKE ELSINORE WARRANT ]LIST CHECK# VENDOR NAME AMOUNT 90369 INLAND URGENT CARE 156.00 90370 JANNA KAAS 73.41 90371 JANNA KAAS 145.50 90372 JEFFREY M. MIRER 30.00 90373 JILL MADLEM 80.00 90374 JOHN C. MANHARD 350.00 90375 JOHN DEERE LANDSCAPES 2,205.08 90376 KOBATA & ASSOC., INC. 16,605.00 90377 LAKE CHEVROLET - 1,159.44 90378 LAKE ELSINORE FLORIST & GIFTS 32.33 90379 LAKE ELSINORE STORM 3,216.00 90380 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 4,167 00 90381 LAKESHORE HOMES & DEVELOPMENT, 4,100.00 90382 LEMON GROVE RV STORAGE - 750.00 90383 CHARLES KIM LEON 57.54 90384 LIBRARY SYSTEMS & SERVICES, L.L.C. 1,557.90 90385 LIM & NASCIEMENTO ENGINEERING 9,530.83 90386 LINKLINE COMMUNICATIONS, INC. 89.90 90387 LUMOS COMMUNITIES, I. L.C. 13.37 90388 MAAS -ROWE CARILLONS, INC. 669.30 90389 CHARLES MACKEY JR. 3,637.50 90390 MARIA HINOJOS 500.00 90391 THE MARK FISHER COMPANY 1,306.00 90392 MARRIOTT VENTURA 371.50 90393 SANDRA MASSA- LAVITT 6,120.00 9_0_394 MAUREEN KANE & ASSOCIATES, INC. 1,220.00 90395 MC ORIN K. LIMA 30.00 90396 LINDA M. MILLER 6,272.50 90397 MORROW PLUMBING, INC. 1_,861.46 90398 MR. LEON TORRES 500.00 90399 MSA INLAND EMPIRE /DESERT CHAPTER 425.00 90400 NEXTEL COMMUNICATIONS 1,674.46 90401 NORTHERN SAFETY CO., INC. 554-.-82.- 90402 O'REILLY PUBLIC RELATIONS 3,427.94 90403 __- OMNIS, INC. 8,275.00 90404 ON -TRAX, INC. 1,470.39 90405 JON T. OSWELL 625.00 90406 P. F. PETTIBONE &COMPANY 317.10 90407 PARK STRUCTURES 586.92 90408 PATTON'S OFFICE FURNITURE SOLUTIONS 6,539.40 90409 - PETTY CASH 382.51 _90_410 90411 PITNEY BOWES, INC. - 262.92 90412 PORT SUPPLY 70.84 90413 GENARO AND MABEL A. PRAT S 1,780.00 90414 PRE -PAID LEGAL SERVICES, INC. 103.60 90415 PREMIUM PALOMAR MT. SPRING WATER 433.60 90416 -90417 THE PRESS ENTERPRISE 12,154.00 90418 PRIME CUTS 180.00 90419 PROJECT DESIGN CONSULTANTS 20,266.47 90420 -90421 PRUDENTIAL OVERALL SUPPLY 348.96 90422 QUAID T - MECULA HARLEY DAVIDSON 422.46 90423 QUILL CORPORATION 1,086.49 90424 R.E.E. HEATING & AIR CONDITIONING 325.00 AGENDA ITEM NO. 5/3/2007 Warrant 043007 3 OF 5 PAGE '4 OF— APRIL 30, 2007 CITY OF SLAKE ELSINOR E CHECK# VENDOR NAME WARRANT LIST 90425 REAL VEST, L.L.C. - _ - 90426 REGIONAL CONSERVATION AUTHORITY 90427 RENE MORALES CORNEJO _ 90428 RESTORATION RESOURCES, INC. 90429 RIGHTWAY SITE SERVICES, INC. 90430 JAMES RILEY 90431 COUNTY OF RIVERSIDE, TRANSPORTATION AND LAND MANAGEMENT 90432 COUNTY OF RIVERSIDE, OFFICE OF THE AUDITOR - CONTROLLER 90433 COUNTY OF RIVERSIDE, OFFICE OF ASSESSOR, GARY L ORSO 90434 COUNTY OF RIVERSIDE, BOB DOYLE, SHERIFF 90435- 90436 ROBBINS PEST MANAGEMENT, INC. 90437 ROGELIO SANCHEZ 90438 ANTHONY ROMERO 90439 SADDLEBACK MATERIALS COMPANY, INC. 90440 SCOTT FAZEKAS & ASSOCIATES, INC. 90441 SHARE CORP. 90442 SHERWIN- WILLIAMS CO. 90443 SIERRA INSTALLATIONS, INC. 90444 DAVID SMITH 90445 SOUTHEAST CONSTRUCTION PRODUCT 90446 -90451 SOUTHERN CALIFORNIA EDISON CO. 90452 SOUTHERN CALIFORNIA GAS CO. 90453 -90455 STAPLES BUSINESS ADVANTAGE AMOUNT 1 UU.UU 35,768.72 30.00 16,733.04 181.56 n� 3,8.70.00 45.00 1,368.49 _530.00- 30.00 200.00 364.80 17,788.28 _ 1,225.51 502.76 3,120.00 11,374.00_ 29.90 21,602.00 506.02 2,184.03 90456 STAPLES CREDIT PLAN 83.92 -- - - - 90457 - -- STAUFFER'S LAWN EQUIPMENT 120.32 90458 STEVEN CHADWICK 30.00 -- - -- -- 90459 BOB STOVER, INC. 5,175.00 90460 TEAM AUTOAID, INC. 498.57 90461 TEAMAN, RAMIREZ & SMITH, INC. 4,242.75 90462 TEMECULA COPIERS 732.89 90463 THE HOME DEPOT 500.00 90464 TRUCK PARTS SUPPLY & ETC. 17.37 90465 TURF STAR, INC. 235.40 90466 UNITED PARCEL SERVICE 129.47 90467 VERIZON CALIFORNIA, INC. 959.81 90468 VERIZON EQUIPMENT SALES & SERVICE 516.30 90469 VERONICA PENA/ELIZABETH TESCAR 32.00 90470 VISION SERVICE PLAN 1,517.77 90471 VIZION'S WEST, INC. 9,970.00 90472 WAXIE SANITARY SUPPLY 3,375.09 90473 WE TIP, INC. 1,902.25 90474 PETER WEBER 273.94 90475 WEST COAST SERVICES WINDOW CLEANING 450.00 90476 WEST COAST TURF 1,465.40 1 21632 90477 WESTERN FARM SERVICE, INC. 90478 WESTERN HIGHWAY PRODUCTS, INC. 72.39 90479 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS 442660.48 90480 WILLDAN 2,176.00 90481 WENDY WORTHEY 4,875.00 90482 ZEE MEDICAL, INC. 81.61 90483 ZEP MANUFACTURING COMPANY 239.63 - - 90484 -- ZONES CORPORATE SOLUTIONS 1,070.79 TOTAL $ 1,734,261.97 AGENDA ITEM NO. �- 5/3/2007 Warrant 043007 4 OF 5 PAGE S OF� APRIL 30, 2007 CITY OF LAKE ELSINORE WARRANT ]LIST CHECK# VENDOR NAME AMOUNT P/E DATE: 04/13/07 PAYROLL CASH $ 141,760.82 04/13/07 PAYROLL TAXES 56,373.17 04/17/07 EFT CALIFORNIA P.E.R.S. 43,698.64 04/17/07 EFT CALIFORNIA P.E.R.S. 4,027.51 04/17/07 EFT CALIFORNIA P.E.R.S. 93,443.69 GRAND TOTAL $ 2,073,565.80 5/3/2007 Warrant 043007 5 OF 5 AGENDA 17M NO. PAGE OF (� CITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF MARCH 31, 2007 I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 27, 2006. A copy of this policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. Matt N. Pr ssey D to Director of Administrative Sery Prepared by: J. Riley, Finance Manager AGENDA ITEM N0. 3 PACE I OF BANK DEPOSITS OUTSTANG. BOOK ACTIVE ACCOUNTS BALANCE IN TRANSIT CHECKS BALANCE Bank of America - General $3,016,650.36 37,734.56 (1,578,456.04) 1,475,928.88 Reconciling Items 296.50 - - 296.50 Bank of America - Payroll 4,517.50 - (1,544.45) 2,973.05 Total Active Accounts 3,021,464.36 37,734.56 (1,580,000.49) 1,479,198.43 INVESTMENTS Local Agency Investment Fund 25,882,703.76 - - 25,882,703.76 Bank of New York -Trust Sweep Account 749,745.82 - - 749,745.82 Federal Home Loan Mortgage Corp. 2,000,000.00 - 2,000,000.00 Federal Home Loan Bank 14,000,000.00 - - 14,000,000.00 Federal National Mortgage Association - - - Sub -total Investments 42,632,449.58 - - 42,632,449.58 Unrealized Gain/ (Loss) at 6 -30 -06 per GASB 31 (111,900.00) (111,900.00) Total Investments 42,520,549.58 - - 42,520,549.58 45,542,013.94 37,734.56 (1,580,000.49) 43,999,748.01 Cashier Drawers #1 & #2 300.00 City of Lake Elsinore Petty Cash Fund 1,000.00 TOTAL POOLED CASH AND INVESTMENTS $44,001,048.01 I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 27, 2006. A copy of this policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. Matt N. Pr ssey D to Director of Administrative Sery Prepared by: J. Riley, Finance Manager AGENDA ITEM N0. 3 PACE I OF CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF MARCH 31, 2007 FUND NO FUND NAME 100 General Fund 101 Supplemental Law Enforcement Fund 102 Local Law Enforcement Block Grant Fund 103 Office of Traffic Safety Fund 104 Traffic Offender Fund 105 Misc. General Project Fund 106 Affordable Housing In Lieu Fund 107 Developer Agreement Revenue 110 State Gas Tax Fund 112 Transportation Fund 115 Traffic Safety Fund 116 City Hall - Public Works DIF Fund 117 Community Center DIF Fund 118 Lake Side Facility DIF Fund 119 Animal Shelter DIF Fund 120 Camino Del Norte DIF 130 Lighting & Landscape Maintenance Fund 135 lit Lighting & Landscape Maintenance Fund 140 Geothermal Fund 150 C.D.B.G. Fund 201 Street C.I.P. Fund 204 Signal C.I.P. Fund 205 Traffic Impact Fee Fund 211 Storm Drain C.I.P. Fund 221 Park C.I.P. Fund 231 Library C.I.P. Fund 232 City Fire Protection Fund 254 AD 89 -1 Railroad Canyon Rd. Improvement Fund 257 CFD 90 -2 Tuscany Hills 259 CFD 90 -3 Construction Fund 266 CFD 2004 -1 Marintiqu 351 AD 87 -2 Debt Service Fund 352 AD 86 -1 Debt Service Fund 353 AD 89 -1 Debt Service Fund 356 AD 90 -1 Debt Service Fund 357 CFD 2003 -2 Canyon Hills 358 CFD 91 -2 Debt Service Fund 359 CFD 90 -3 Debt Service Fund 360 AD 93 -1 Debt Service Fund 362 CFD 95 -1(96 Srs.E) Debt Service Fund 363 CFD 88 -3 / 1997 Series F Debt Service Fund 364 CFD 88 -3 III B / 1997 Series B Debt Service Fund 365 CFD 98 -1 Summerhill Improvement fund 366 CFD 2004 -1 Debt Service Fund 367 CFD 2005 -3 Summerly / Laing 368 CFD 2004 -2 Vista Lago 369 CFD 2004 -3 Rosetta Canyon 370 CFD 2005 -x Camino Del Norte 371 CFD 2005 -1 Serenity 372 CFD 2005 -3 Alberhill Ranch 373 CFD 2005 -5 Wasson Canyon 374 CFD 20054 Lakeview Villas 375 CFD 2005 -1 D. Clurman 376 CFD 2005 -7 La Strada 377 CFD 2006 -X Tessara 378 CFD 2007 -X TR#31957 379 CFD 2007 -X Marina Village 380 CFD 2006 -9 Tuscany W 381 CFD 2006 -10 River LK 382 CFD 2006 -9 Trieste 383 CFD 2007 -X Canyon Hills 384 CFD 2003 -2 SRS 2006A 385 CFD 2004 -3 SRS 2006A 604 Endowment Trust Fund 605 Public Improvement Trust Fund 606 Mobile Source Air Polution Fund 608 Trust Deposit & Pre Paid Expense 610 Kangaroo Rat Trust Fund 611 Developer Agreement Trust Fund 616 Fire Station Trust Fund 620 Cost Recovery System Fund 650 CFD 2003 -1 Law & Fire Service Fund 651 CFD 2006 -5 Park, OpnSpc Total Pooled Cash & Investments AMOUNT $14,754,580.76 189,546.34 2,701.90 71,069.81 96,285.98 (1,998,258.28) 791,943.77 996,411.20 1,195,045.15 1,124,305.18 314,623.02 755,647.89 487,083.51 683,078.74 309,393.15 30,218.27 (535,518.67) 52,308.44 16,405.31 (81,162.08) 49,314.45 90,790.45 2,525,893.21 6,291,225.53 2,143,495.68 1,108,296.10 386,855.17 2,313,362.03 (94,047.50) 95,997.88 77,468.05 48,554.32 178,575.17 318,960.96 276,721.81 541,890.46 1,608,322.37 (312,803.83) 1,216,581.54 217,231.49 1,339,624.11 (960,081.07) (1,202,430.58) (47,982.69) 40,214.11 177,419.51 52,895.62 26,929.51 24,691.20 (412,097.56) 34,646.31 43,582.46 31,133.36 (6,557.11) 47,675.07 51,169.60 67,093.08 443.77 47,525.94 55,316.51 65,000.00 67,812.00 43,000.00 18,770.20 577,203.56 181,288.14 1,948,982.23 9,469.50 1,328,720.00 1,789.19 1,786,290.39 218,616.92 4,500.00 $44,001,048.01 AGENDA ITEM NO.-3 PAGE -Z OF A CITY OF LAKE ELSINORE ANNUAL YEAR -TO -DATE INVESTMENT ACTIVITY SUMMARY FOR THE MONTH ENDING MARCH 319 2007 Total outstanding investments as of February 28, 2007 Investment Purchases: FHLMC 3128X5N38 FHLB 3133XK4R3 FHLB 3133XK5U5 Total Purchases Investment Maturities: Total Maturities Investments Called: Total Calls PURCHASE MATURITY/ COUPON YIELD TO DATE CALL DATE RATE MATURITY 03/08/07 03/08/10 5.600% 03/19/07 03/19/10 5.500% 03/19/07 03/19/09 5.550% Net increase (decrease) in LAIF Net increase (decrease) in Sweep Account Total outstanding investments as of March 31, 2007 5.600% 5.500% 5.550% $ 45,074,807.37 COST 1,000,000.00 1,000,000.00 1,000,000.00 3,000,000.00 (2,500,000.00) (2,942,357.79) $ 42,632,449.58 AGENDA ITEM N0. ? PAGE 3 OF X7 CITY OF LAKE ELSINORE QUARTERLY INVESTMENT ACTIVITY SUMMARY FOR THE QUARTER ENDING MARCH 31, 2007 Total outstanding investments as of December 31, 2006 $ 39,134,453.80 PURCHASE MATURITY/ COUPON YIELD TO Investment Purchases: RATE CALL DATE RATE MATURITY COST FHLB 3133XJNJ3 01/23/07 01/23/09 5.500% 5.500% 2,000,000.00 FHLB 3133XJHL5 01/26/07 01/26/10 5.500% 5.500% 1,000,000.00 FHLMC 3128X5N38 03/08/07 03/08/10 5.600% 5.600% 1,000,000.00 FHLB 3133XK4R3 03/19/07 03/19/10 5.500% 5.500% 1,000,000.00 FHLB 3133XK5U5 03/19/07 03/19/09 5.550% 5.550% 1,000,000.00 Total Purchases 6,000,000.00 Investment Maturities: FHLB 3133XFUJ3 06/29/06 01/29/07 5.300% 5.300% (1,000,000.00) FHLB 3133XFT55 06/28/06 02/28/07 5.350% 5.350% (1,000,000.00) Total Maturities (2,000,000.00) Investments Called: Total Calls Net increase (decrease) in LAIF Net increase (decrease) in Sweep Account Total outstanding investments as of March 31, 2007 3,316,092.89 (3,818,097.11) $ 42,632,449.58 AGENDA ITEM NO. 3 PACE ' OF Q % z W a z O W o � F N W W M ra z 5� O � O U W d F W z r-i W r oo ao 00 00 ao 00 ao a 00 rn 0 0 o rn a o 0 0 0 0 0 0 O O o 0 Q N N N N N N N N N N N N N N N Z Z N C, 00 C% p C7, .Ny b M M M ty O O O O O --� O O O O O O O r r r r r r r r r r r z z z z z z z U A W r r S S S oo S S S S S W Ey Q Q' N N N N N N N N N N N N N N N Z Z N N h r C, w O, N r M O oD U N N N N O N N N N N N O Q/ H F h O O O M M M O M \c 00 v r M O r W Q a N O C n O O C O M r r M O O h CN O r O N O O O O r O r M O O aI W N �o W) o %o O o r o 0 o r M r M v 00 M r N N �n V1 M 1n r O\ n 00 00 N S S S S S S S S S S S 8 S p S o 00 O w? S O S S O S S S S S O S O O S O 0 0 0 0 C C C v o00 so�g�ogs��s���oC4 N m Z5 0 ° o a N W 1n llO h OO N O N Wn n W h V 7 V 7 - - h h h N h - h - h N 8s s Ss 8� s W N 00 to � � 0000 O O N O vl N V'1 � �O W1 O F a n v a a a h n Wn Wi h �n Wn z H U M M y �j icy M M M M M M M M M M M M M M M a a 0 0 w b 0 y C f�.' p C C C ❑ p F. ai o ca ce ro �a of ca ca ca �a cu ca ro ca W � � � ca ca ca oa ca ca as ai at ca co � w w r m T C C C C C C C C C C� C�. C C C C 0 0 0 c0 0 0 c7 0 cE ct cC 0 O O O O O O O O O O O O O W > T y d V N Ol Cl N d N N d v N Cl N N V ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F" q F v d v d d d o 7:3 'o v "v 'o "o u4 w W. u. d c0 U v V A 4 V E lu CIS N Fr i 7 F a W W 0 to T .d � w x c0 0 � .b O T C r v S 7 o � v F G O d N C-4 w � � � 0 w � u � C CIS c � w S`yV' Q O w U C b lu v � W w b b A AGENDA ITEM NO. PAGE S OF,� a F �W G� a GL � a � o M � W U a�x W w z O U � � A z d' O O UZ O w0 e F a N N 00 00 O a In w a z r ° � W W O M O oM W F �cdz N 0 oNo 00 O 00 N W O O O � � b r O C o 0 U 00 0No 0 0 C N N F V) w a E. w a F z F w �A w � F U ¢ p! A a a a was v z F O w W F � w F z bR N ¢ o z , w d C z C R a a F a O a c c w w' z O A T F c a m 0 z UR UZ e N N 00 00 p 0 O S 0. 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PACE 7 OF 2 7 F /-r w O a O W r Q 0 � Uzo z A z d' O O 880 0 oC onn g o S 8 8 A a ( b\ 0 b\ o b� C! 0 0 o o c 0 v, 0 ° n n o n ° o o r a a O N N M O o0 00 0, N N o0 v v v z z z 00 'z h M u ..,. 7— .--. v M O F E a LR UR v W bR bppi v> M n n v v n v n o pp oo oo pp S 00 �o fM 80 S 8 S 0 0 8 WF 00 N r r oo O°O Wn O r O v) r 0 r� N h r M O r M N 00 00 M h 00 N M r O 00 h M r C� N r 00 N r V1 W) M r M n n n h V d¢ M 0 -+ r 00 O r Q\ V'> 00 M M 0 0 .1r. z z x F" °v 8 W oo �c ccn 8 0 ° °0 ° = 8 8 ° °o °0 8 L W zh N oo V 7 7 � W Z 1— 000 8 n V1 V1 1n Vn h 0 8 8 V) �c In 1n h wl _ 8 S O 0 W O "t 8 oo O r d N N E x r r r oo to o o R O � O0 C W ¢ z N M h r r 06 06 Cl O N Q 8 ° a rn a 'T 00 00 o00 r� a a� C, a, a ON r O O ON ON ON O 7 O h c� �c ~ M cn M O O O O O O O O O ¢ H !• O O O ~ W Q z r r r r r r O O O O O O x z r r O O �p N O r co o 00 v� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O O O 0 0 O O O O O 00 F- ov8 0 8 °O8 °°8888 8 0 888 0 8 0 0 0 888 0 ° ,n p r r o v O o 0 C C C C C O o 0 C C C 0 0 °o U "v8 F 80888°888° 0 888 z 8 M M M M M M M M M M M M M M M Sob 8 ¢ N.--i N .--i .-� .r .--i .-� .--� .-� .r o0 •--� N 7 — — — M N ' a O A a ( b\ 0 b\ o b� V d Q Q W) pQ d o d O p O W z z z �o �n 00 0 O N z N z 7 V 7 V/ V1 1n W; O F E a LR UR bk W bR bppi v> > n n v v n v n o pp oo oo pp S 00 �o fM 80 S 8 S 0 0 8 WF N oo Wi �O �n oo O . 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F" ¢ w Q z x z W W .0rr ^.4' M RCi W O u v a CN 00 M M M M M M M M M M M F N z M M M M M M M M M M M M M M M W W ¢ ' a a g a d OW. PW. U U U cc It [� w :� t C w W C ,, G A ❑ C C G ❑ 0 W E O �"' �tl A N cV td �d cd cC qq GO Pq qq CC LYi qq qq cd c0 ctl m qq m cC cd Pq W d E., Wy 0 � Q' c03 �0d c0tl �0tl c0tl cod c07 cod O O O O O O O c0tl cod O O O cod c0E 0 O O O . N bA w T L N F E L N N N d L N E Ei N Gl 7l d b O p O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y .a W t- pW„ ¢ e a ; _R A is ; a is is 'a is ro A o >4 F Q� R O C L+. �+ N N 9 N a N N u. w d G) 71 N d N. w w w w w w w w 0 L 0 N u. u. w 0 N u N N w w w O F '� AGENDA ITEM NO. PAGE S OF a7 k -r-NUA ITEM NO. a PAGE 2_OFa_ �000000000000g poog8g80$00005 8 S S o 8 S S o S S S S g 69 a U W A O •-•, W O O O O N O O N O O N O O N N O O N N O O N N O O N N O O N O O O N 7 O O N 7 E,y O O A 10 W wl 1) wl W) FO aA s b pip vl 09 s O ps O N s� N n ps o b n O V" z p s s s° s LR 61� s s Wb a h M O0 S O S 0 N S S S S° h h "t W) In W) W� �n �n W, W) W, aO O zWo W WO W M U N 11 H W o o N a\ O 0 0 0 0 v O 0 O 0 0 0 N R O O 0 0 0 0 N O 0 O 0 0 0 N O C> O 0 o 0 N - V1 O 0 0 0 N O O 0 O 0 0 0 N r O 0 O 0 0 0 N O O 0 0 0 0 N M O O 0 0 0 0 N M O 0 O 0 0 0 N M Cl 0 O 0 N v l 01 o r- M O o ON � 01 FTo O U (� a w O M u M M M M M M O M O M M O OO M O M M C> M M M M M M M M M M M M M F w O F z w � w w w w w w w w w w w w z a a a a a y N V N N y N Vl U O F H u > V R O o ¢ O > U tOtl r p ¢ O a'" > Vl c/) a > V R [ 5 > Y V] a ID > U C's O ae ¢ O r a v > U m i7 u ¢ O V > U7 N w _ k -r-NUA ITEM NO. a PAGE 2_OFa_ CITY OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS AS OF MARCH 31, 2007 DESCRIPTION CURRENT PERCENTAGE BASED ON MARKET VALUE AS OF MARCH 31, 2007 MAXIMUM PERCENTAGE U.S. Treasury Bills 0.00% UNLIMITED U.S. Treasury Notes 0.00% UNLIMITED Federal Agency Issues: FICB 0.00% UNLIMITED FFCB 0.00% UNLIMITED FLB 0.00% UNLIMITED FHLB 32.82% UNLIMITED FNMA 0.00% UNLIMITED FHLMC 4.68% UNLIMITED Banker's Acceptances 0.00% 40.00% Certificates of Deposit 0.00% 25.00% Negotiable Certificates of Deposits 0.00% 30.00% Commercial Paper 0.00% 15.00% Medium Term Corporate Notes 0.00% 30.00% Repurchase Agreements 0.00% UNLIMITED Reverse Repurchase Agreements 0.00% 20.00% LAIF (Local Agency Investment Fund) 60.74% UNLIMITED Current Balance $ 25,882,703.76 Bank of New York - Trust Sweep Account 1.76% UNLIMITED Current Balance $ 749,745.82 TOTAL 100.00% % of Portfolio Maturing within one year 64.82% no less than 25 % % of Portfolio Maturing or Callable within one year 95.31% AGENDA ITEM NO. PAGE_LL_OF�_ CITY OF LAKE ELSINORE PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES JULY 2005 THROUGH MARCH 2007 (INCEPTION TO DATE) AGENDA ITEM ENO. PAGE I / OF Q2 TOTAL % OF MONTH % OF FFCB PORTFOLIO BY AGENCY PORTFOLIO IN FHLB July 2005 0.00% 0.00% FHLMC 0.00% FNMA 0.00% FEDERAL AGENCIES 0.00% August 2005 0.00% 0.00% 3.33% 0.00% 3.33% September 2005 0.00% 6.23% 3.12% 0.00% 9.35% October 2005 0.00% 14.23% 2.85% 0.00% 17.08% November 2005 0.00% 18.82% 2.69% 0.00% 21.51% December 2005 0.00% 22.92% 2.86% 0.00% 25.78% January 2006 0.00% 20.74% 2.59% 0.00% 23.33% February 2006 0.00% 21.01% 2.62% 0.00% 23.63% March 2006 0.00% 20.49% 2.55% 0.00% 23.04% April 2006 0.00% 20.59% 2.57% 0.00% 23.16% May 2006 0.00% 19.94% 2.49% 5.02% 27.45% June 2006 0.00% 24.91% 1.91% 3.85% 30.67% July 2006 0.00% 25.26% 1.93% 3.90% 31.09% August 2006 0.00% 28.57% 2.19% 4.41% 35.17% September 2006 0.00% 26.17% 2.37% 4.77% 33.31% October 2006 0.00% 26.26% 2.38% 4.79% 33.43% November 2006 0.00% 24.69% 2.46% 0.00% 27.15% December 2006 0.00% 28.04% 2.54% 0.00% 30.58% January 2007 0.00% 27.59% 2.12% 0.00% 29.71% February 2007 0.00% 26.60% 2.21% 0.00% 28.81% March 2007 0.00% 32.82% 4.68% 0.00% 37.50% AVERAGE 0.00% 20.76% 2.50% 1.27% 24.53% AGENDA ITEM ENO. PAGE I / OF Q2 H WW a� F Q wxo � M U F• W O � 0 F U � i� d C7 00 Do a.+ A d d M � C M y coo � d � i w'o°aH d CS Q O �y a ryj L h A U � O Y fn C N M y C7 � o E o � w f� 0.01E O h � h M M 69 69 h h M M h � M M • 69 69 N y b C3 Li 0 o W U CG N Q L' a 0 N O C w c 0 v N x 0 0 N A z H Q p U o W a � N N O M tn N '^ A Ca 10 IN U o i O O O O o ozzgg d O O O O O Vl O V) N N vl N oo O Cd 69 O 00 Cl O v� ": C� O m O N N V1 N W O O O O b4 O 00 a O vi V a O �n n N N N h N o0 O 69 69 N N N Q 69 $ooz d U O V'f O R M �D O O M N bD C: 00 a bbb w L° LT w Q Q Q Q i:.wwz {y W W Lr, O O O eu on o0 M .n .n OT OT O r 8 3 � y z O N M O Cn of 0 0 In O O O O � O O O O V �n C w N W by W ti N d CS Q O �y a ryj L h A U � O Y fn C N M y C7 � o E o � w f� 0.01E O h � h M M 69 69 h h M M h � M M • 69 69 N y b C3 Li 0 o W U CG N Q L' a 0 N O C w c 0 v N x 0 0 N A z H Q p U o W a � N N O M tn N '^ A Ca 10 IN U o i O O O O o ozzgg d O O O O O Vl O V) V1 Vl Cd O O M N h 00 O O O O O 69 69 en V'f O V1 M �D O O M N vi r 00 7 O 7 69 {y O O M 00 N r O O M � V �n 69 V9 a0i N Q N Q Q N N o ozzgg d fi cq Cd G O O O O O cUC 00 < U Q ¢ C.) w ma z ma'z z m m b b b b b m cc C w CIS 0 0z0zz0 0 N M 'IT kn \D t- 00 0 0 0 0 0 0 0 0 00 00 00 00 00 00 00 00 O\ O, ON O, O, O, O. 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V1 VM1 0000 "O M [, , 00 4 O` CO V1 CO r O N M N_ N M 7 00 M �n o0 O [t 6q 69 ¢ N d N N Q N N z$z$$z$$ ° w ww ww :d G c I c W O O O 0 0 N�•+ h h V�•+f N to iu x Y u m cu ¢ d Q 'zaazmcazaaac c o v •o 'v w w w w w cc 0 c', aTi a�i a>i a>i aTi d o Q o o Q o 0 N M 7 Vn 'O l— 00 0 0 0 0 0 0 0 0 ,It �:r lzr 'IT IT �lzr M M M M M M M M 'C7 a o w U C N �0 = O N ti U X ❑ Q W N O U iV y a u y •V � O on�aa!d�ndU y x 0 b ° U a� ° L o w° b° U O r 0°Q M e� w co F- 0 0 o O O vj vi N 0000 O N p N cq Q\ _O � O 04 bq N 0000 O N Q, O N ono O N � � _O 6A Fii N d ¢ N d m Vf Nm, w ° w a c ° W O O 3U., tUyy X X oazzc� b b � a w w m CIS O Q Q O N M V O O O O V'1 Vi h Vl O O O O O O O O C O Cl O 7 0 U d N N a X O W N ti ° 7 0 d .c a' i v a d U U L d W .-1 tA O� Y H Q N • 'G L U w k' U °S 0 M C ° U o 7 O w woaH 0 0 O O vi vi R M � � � M M 00 us 69 h N l� [Y M l� N O� � � M M 00 �n h 69 69 N O� l� ul M • M t{ 00 69 69 N N $ O � ° ° ag N VJ� w w ° ° i� X X o �x b b w w X � cls c1l O O oo o. 0o oo 00 00 n - O O ci O O C w b� w > O O w 0 m P. v 5 R w U e0 O A m E v 0 0 w .G AGENDA ITEM NO. PACE /= OF :P-r7 N CIO �rcc F- � M U f7r O � d U] En d Z w N 30 T� o °O �`°pp M LL O U o w�aH O h h � M M � 00 M M 69 69 M M 00 DD M M 69 69 V1 V1 M M DD 00 M M 601) 69 G R O C W N w ° 'v o w x 0 W 78 7 w x Q O 0 o� O O O O c W 0 W Cq d ^o O ou a a w k F R Z r a\ a r. O b ii 09 ti. r947 w cc 30 00 �00 od A L7q w a U o 8 0 � z y k. PO F 0 7 O O O 00 � O C1 � O 69 b9 00 000 01 4, D1 Q1 69 69 W 000 U O� O O V V 69 69 G R O � C tC w ° b d o w 0 co x c 0 w x Q 0 0 N O _O O O O C W 0 0 N 0 0 N a a 0 CQ k F 'u a Ln q 0 o. V O a ,C M P6� U � � m � zed y w'o°aH 0 0 O O h h O DD 00 O 00 pip h � � h 69 69 It O 00 00 p O O W 00 00 h h 69 6A 00 00 p O 00 O o0 00 � h h � 69 69 N N N Q 000z d b R w w b 0o fl w x .�e 0 0 cva � Q Q m m z z w w ,x X O O Q Q 0 0 0 0 v v v v O O O O r n n n a w _ a w d > L 0.o1ad AGENDA ITEM NO. 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PACE-( $ OP 2r� E.^ � A W W o x° � M Q U � GTr O � O� F Q U� LTM d y d O d d d d t. b am � U as o o � a ° d y a o � O O O O � h O� O '• o0 S O 00 7 a0 oo N N 69 69 [� en • 00 N O 00 (- Oi 00 O, I` O\ M 00 00 In 0o O) O (71 N -- N 69 H9 00 N O 00 [- Os 00 D n O 00 00 M 00 O - O --� N 69 69 O N O y y N py �Oop cd Q ¢ ¢ g d zzz y y V N (� d yo o .? .o••�� w ca Q Q tml 101 zz'zaaaac>ca �b b ° a N N U N --� N M v) �O [- 0 0 0 0 0 0 0 00 00 00 00 00 00 00 01 (7\ D, all (7, D, O) n n n n n n v) O O O O O O O 0 0 0 0 CC 0 0 0 0 0 0 0 0 t` t` r- a U d� O Q � M a. -� xxxa.w C7 N •L m T1 d O 00 d p d d C O W o w � U w $x a ° d d z� d O O O O O V) V) V) 00 V) N I M 69 6A N cr 10 O ON d N O N OM v�l 00 V �O cn vi l� O - CD m N --� N M O N I M 69 6A N cr 10 O ON d OM N O N vim) 00 �O M h [- O O O) - h N N M O N M 6H 69 N 7 10 O O, d w O V 'O M N N O N OM �c kn O m h N N N M 69 I 64 y z zoog3 d w w Ti. w w fl 0 0 0 0 0 d w O y o U U U U C,3 U za�za�aar��va b bbb 0b w www ow a N N N N O N 0 0 0 0 0 z z �5 112� �5 •-+ N M 'ch kn lO l-- 00 0 0 0 0 0 0 0 0 �o �o 00 N 00 00 00 00 00 00 00 N N N N N N N O O O o 0 0 0 <D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C7 O So Q o W 8 Q O Q O W LT lu Q w e, E 2: 2 N 'O N b lu N O a a:�awwa:a`w 0 0A a AGENDA ITEM _ RACE I q OFa7 H 0 � A wx° � M U c. co W � � yl Q' U� x d v, 'O d O �Q 7 O d V bA •R1 Q U � o o ^� N a d Na O 7 � � zy� a o i fs. CO F o e o e o 0 0 o O 0 0 0 0 0 0 0 0 O Vi V1 Vn V1 V1 V1 Vn > n m O N COI 6A O O t- �O In O� �O �O O O 10 M �O 10 10 N O N l� N 6A O Os I sv �O O O 10 M �O IO oo I w It N N It 10 00 N 'IT � N M 69 69 y z00$000� m co cu d wwww'www•= :9 A d 0 0 0 0 0 0 0-2 W 4 C C C 4 W U U U U U U U 0 0 0 0 0 0 0 0 U 0 U 0 U 0 U zcaoaaoracoaaaac� C C C C C C C wwwwwww.b a N N N N N N N U G zQ G G 0 � � �0 � � --i N M 7 V) �O t- 00 00 0 0 0 0 0 0 0 0 0 M M M M M M M M M 0 0 0 0 0 0 0 0 0 A O U v C U C❑ A Q w' UQ.�¢wwww N 'U N d >5 C 'C N ti CL O oGJ�aa°'a°'aww`a d d L d a h ^ti e y ai d eC w o vii o ,x d M Q Cd (~ O E o � � o i woaF• o O O vi vi M O M M M N N 69 69 M M O M N _ M M M N N � sv M O M M M N N 69 N Q Q N 0zz0 N d b � o w d w a w _0 _0 C ti r� Y a�zzzca � y � d3 w w � x N N N M CD O O O O 00 00 00 00 O �c O O N N N N O Cl O O O O O O O O O O w 0 w 0 0 a •a Z oa O� O\ a 'LS O 0.1 d O � i •L :0. 4. o F; o 7 O v w CaF 0 vi N N v� h 69 69 N N h � M M 69 6A N N h � M M • 69 69 N Q IVd a 03 M w d 0 w .O YY .�4 m z z C w x A O Q z N M O O O O, O� 0, 10 • N N N 10 O O O 0 0 0 O O o c w 0 w o •a �o AGENDA ITEM NO.� PAGE 2 D OF 2i 0 OD n. 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PACE 2 „!_OF�_ 0 O O a F-' c F- A o wx° M U � W O � H � U ] O V1 0 a AGENDA ITEM NO. 3 PACE __OF 2— M O� M O� O M O M h N N � N N V V 69 69 M M O M_ O M h N V7 N V 69 6A a In In V q O M O M kr h C N N cc V d 69 fA W ►a V y m O U A a 3 w n b a °I' o w � o d � h W w b a go d w Q a d � o c 0 d d a o d o o a w 10 �l w ti •eC L o U q o W � w 'fib U .a a cts d . N d � x "ate y r� LL I�1 r 0 a AGENDA ITEM NO. 3 PACE __OF 2— \ \ \0 0 0 0 b��°b�b�b� \o O O O 0 S OD C) S CO OD S O S O S 0 0 0 0 0 �O O� O 0 0 0 O O O O O O S O O S S S O V vi 7 O h v-) O O v) O O �n vl O �n O v) v) O �n v) vi O O v) vl vi vi vi vi wi O O v) v) O v1 O O v) O O h O vl O O v) 7 7 �n O vl a\ r` M D\ 000 r- r- x H N W) O �3i O _ O O z O O O z z O _ p° b i M N i i 'It M M 00 h M 00 V O M O b bb M b'o.b M 00 � N D\ DD D, 00 00 b •o • •�°+ W 7 ' 7 7 7 7 7 7 7,o E h 1Np N CA ol b b b 00 �j oc 9 7� w w w w w w x- h M n O o0 CD m s W) N 2 a e w w w s m ro s s s s c s w w w w c s h M O O O O O O O O 0 0 0 0 0 0 0 Q\ W o0 ti i 00 p �O h C 4 O ON � E� E E i m m 0 d O CU_ 4) O Y N O N O O O d T T T T T T a>) U U U N N U T 4) O vl 7 7 h O T L M 't O— X U X X v U X U X X X X X U U U o 0 O X X -x X X .54 X o U U o U U o X U X U O r M ' ' • ' h r N Oo 7 M M oo vim) �Oy .^-i tOy rO., O O h .-. h M 00 .��4 ?4 X X. .14 -O\ 00 O N O\ 00 O+ 00 00 v. w w z m m ao z m m z w z oq w z m w oa z z m w m m m oo go z N oo z z 1p r` b N N a\ N M 00 r r- m M h M N ON 00 00 ^ 00 O V �n M O b 69 O V1 t h O 01 h �' r- Ol 00 i` r M ^. 00 h N h O d' O 00 O^ M O ' ' M M 00 Vl ' b M M 0 h h N 00 N C) (-J C, 00 C, 00 O0 ' ' M M ' N N N c,Nj m 00 0 IO O .^-: r` h wl b N n V•1 00 M N ao _ ti N M O eo CT ll� _ 0 N W b .M-� p M � 10 M N M h O ON 00 00 ^ v) oo O �O vl cNfl O 69 vFi a¢°i �i ¢ Q Q d v �Q Q d . 1, 0 Q Q �3i O _ O O z O O O z z O _ p° p° 2 pa% C 0 c C'bb b bb 0 b'o.b b•o o'r3bbb bq b b b •o • •�°+ W 7 H 7 7 7 7 7 7 7,o E .b b .0'0 .b 0 C 17 b b b b b N 9 7� w w w w w w x- m y m is s ro s ro s s 2 a e w w w s m ro s s s s c s w w w w c s 0 0 O O O O O O O O O 0 0 0 0 0 0 0 O O 2 O O O ti i O O O al O a v a c R E� E E i m m 0 d O CU_ 4) O Y N O N O O O d T T T T T T a>) U U U N N U T 4) T T 4) 4) T 4) T L 0 FFFz p4 U 3i a> X X X U o U X U X X v U X U X X X X X U U U o 0 O X X -x X X .54 X o U U o U U o X U X U X X X U U U fO�yy tO� 1Oy {0y 0 �Oy yO., tO� �Oy I A �Oy O tOy rO., O .��4 ?4 X X. .14 .14 .-24 ;dd ?4 X X rodd < v. w w z m m ao z m z z m m z w z oq w z m w oa z z m w m m m oo go z z z oa z oo z z w z z m z as z •c v v ° a c C 0 c C'bb b bb G b'o.b b•o o'r3bbb bq b b b •o • •�°+ W 7 7 7 7 7 7 7 7,o E 7 7 wwro U. w w ww w w w w w ,p L p FX„ X X " `� X '� X X ti w w ti i O O O a v a c R E� E E i m m 0 d d U 0 0 0¢ U O Q y N O O Q 4) O Y N O N O O O d T T T T T T a>) U U U N N U T 4) T T 4) 4) T 4) T L 0 FFFz z2zz�2z2z22z2�5 Q O O O Q¢ ;'zz:5 0 0 0 0 0 0 0 Q Q d O< :� :�i i':5zzz2z O Q O O Q 2 O d 2z 0 N M 1�t 8 N ^ 0 0 0 0 0 0 0 N M 'ct N M h�o t` 00 N M h 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r` t` C` C` a, O� O, O O O O O p p 0 0 0 0 0 0 0 O --� N M N ao 00 00 00 00 00 00 00 t � 't V v) vl �n 00 00 N � 7 R V b C, BOO � CT Z Z C\ Z CT M M M M M M M M V) N V) h 00 00 O O N N N N N N N N 00 00 00 00 00 O O O O O � ON Ol Cl O\ Ol Q\ O\ .p v) h b O O O O 00 00 00 00 00 Oo 00 00 00 a0 00 W 00 cD CO CO .D r — tl- r` ti .�-i ti .nr r � - � .:- � � � � ti � .^-; 0 0 0 0 ^^ .-� �-. n. .-. ^.. ,-. 0 0 0 0 0 0 0 0 ^^ � � r, 0 0 0 0 0 0 0 0 ^- cl O, O+ o, 10 lO �o �o �O lO �o 10 lO �o �O �o �o �D %0 �o �O O O O O O O O O `O �o 'D 'D �o �o b �o �o �o b �o b �o b M b O C w a O w c o w o O U U ❑ U f"+ O V Q U S. v Q d Q Gi v Q d ❑ F Q y ° 7 a� v d y u 0 °� u W 0 v a�i o dU cC , U N W 0 a = U 7 �C ai 3 y U o Q U ❑ O C X C o 7 a O O U O >a > b W a O W ° a qq 3° i �i •c Ev ° Q�•° a � ° E wp '� N w �° E d.Q? d a�� ..� S w�..� � O o a E a�i y v w w o ° �F '� v w7 'E ti U U c d 'd o = v FdU p QaU d teU O . . E > > o W o ! ° ° E > ' z � .. a"'�a' wavi'i�aciQv�UUvai.Sa�Qv�d V�a'a �aa mfAcnmw¢vai �ripGdv� juW) IDA ITEM N0. PACE a3 OF�_ b�e eeell eeeee eeeeeeeeeeeeeeeee° a \° o 0 O � V �t 0 O p d' 7 7 V O t 8 7� � It -It vn O 0 0v 0 0 0 0 0 0 0 0 0 0 O O S O O O O O O O S O O S O O O O O O O S O S S O S O O O . O O S p O o 0 o c o 0�� 0 O Vn O h v) O v) O Cl h O W) to O W) W) O Rn v) W) kn O kn O O to O kn to O h O vy h O� Wn O O O W) O O �c � O r r 00 �o W C\ O aAi aAi aAi aAi ¢ 10- 4 00 M M E ON O O 0 v 0 O 0 N O z - 40i d , 40i ¢ oCi yd 0 _ �z 0 \ Q i i O 00 a O O V) O) v) N N i i ..r ' N N- V1 V V1 H N VJ VI N H H H V Vl VI h h VJ V1 h Cl� h r �o d O M �D r N M 0r 0 C, x N w � w w w w w w w M r w w w w w w w w w w w w w• w w w w w W Ti C C cd 2 b N .�-i t E E O N d 7 O000 N 10 10 0 0 d O 000 o O O O 0 0 0 0 0 O O O O O O O O O N O • O O O O O O a U c N N r r 00 �o 00 C� O O\ f OO M M O, cN M O O M N O O, O b y Z O O, 00 N �D 00 M r D\ O O r N r O� N r r r 00 0p O D O M N N �p v O N N --� r x x x �--� M N r v7 r 0 r a\ N V) � pp O� M v) r N 'D r 7 0 M to r N N M ct 00 D\ U U U U U U U U U U U 00 N M �o It h ON �o L L L L L L L L U � y ;r � y ro � �y � j � _ � y kn �o o y 00 O yQy ; ,tea �Qj r ONO j � _� yd_ � ydy _� yd_ y¢ � rrd-�� � ydy � ryca� ry�a� o Mm yQy N N N r w %0 N O -; 00 M M D\ D\ M O O M N O O) O r 00 D O Q O �D V7 N �D 0 O b N r N r r r 09 D O N V O 00 �o 00 Wn M O\ V7 N D\ N r oo M N �C r -. N M O O r h r O\ N O � h r %C I} O r N M 00 N N �--� C4 r M N m r 0 �n D\ M N r M IO N V 17 (n )0 7 tK cr 1D M r N O\ V) M O\ N W) V) �o 00 O 00 C, N N N N .N-•i VJ h h h fn to H h V] fn h VJ fn [n h h V] V] H h b y bq b v v b b "C' b❑ b b v b b b b v �, b .n � b b b Y b ww www br,°, a� a� a� 2 a� d d v$ v v v 0 x x x x x x x x x x x x x x x x x x x x x x L x x x U x m co � 0 i � m m La 0 0 0 0 Q 0 d Q 0 0 0 0 d 0 0 4 0 0 4 0 Q 0¢¢ 0 0 0 0 4 0 0 0 0¢ 0 0 0> 0 d z2�z2z2zz�2 �z22 2;�z z zz z22z�5 �t2 zz 4 z M It vn 10 r 00 -. N M v) �o r 00 0 0 0 0 'IT 0 0 0 0 0 ���9 9 F a a9}��s s 8 2 2 . .������ 4 :1111 &0���w0 00 00 00 O\ O\ O\ O) O\ rn rn O\ r r r r r r r r r r r r r r _ 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 0 0 O o 0 C) 0 r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r 0 0 0 0 0 0 0 0 0 0 0 %D �o �o %D %o �o )o �D �D %D 10 �o �o �o �D b �o �D r r r r r r r r r r r 0 Q � d c °^ U U= A O O C O C O C v v a v $ d 0¢ b v X ¢ d G k ¢ b c ¢ b U adi U' v v w coi U C w 0 a 0> c w 7 0 0 0 c P. 7 0 0, 0 w 0 v o d¢¢ "S Q2f o o❑ o b o U U. b A o„ U. c 'r-" N b 0 A y v 0 .� L)¢ 0 a 0 .� ¢ U 0 .o '� U R o A - 0 o A v w.O�F ¢ ¢ w F¢ ¢ bw ¢ ¢'"w = `°d Q w.o > �'c?� .� v, o a .° it •� o .� •° .S 0 ' •° Z .5 o .? a °- A a ° Q. �.y � o O' m U L U �. y U L U rn U L U y h U �.. U d �+ p+ in a� r"i� > C rn y C U o a> .8 °� 6 A. y N C E P A n y a, A v A n a� .� y F v�dUvai�wrxQvAiUUvai�aw�v�UUv0.i .°awdv�UUvviAPLaQUZ)dU.j000�c�' Sa�12A'9E IDA ITEM N0. PAGE .21_OF7 d aAi d a aAi d v v d ¢ a aAi aAi aAi aAi ¢ 10- 4 10. 4 ¢_ v d d o 0 a 0 0 v 0 O 0 WW d z 0 z O 40i d 40i d 40i ¢ oCi yd 0 _ �z 0 0 ��� �z ai O z� ("') f C/1 b fn V1 h h V V1 V V1 H N VJ VI N H H H V Vl VI h h VJ V1 h h h H h N y y h N v1 W x w w w w w w w x N w w w w w w w w w w w w w w w w w w w w w w w w• w w w w w W Ti C C cd 2 2 C C N N V y C c t t E E E C N N d 7 7 et d 1 10 10 0 0 d O O O O O O O 0 0 0 0 0 O O O O O O O O O O O O O O • O O O O O O a U c cl f fJi 0 v v v v H H m m v ti v v v y y N N y b b y Z Z .^ ,� s sex x x x x x xxxx xx x xx x x x x x x x xx x xx -14 -14 �x F d o U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U L L L L L L L L U � y ;r � y ro � �y � j � _ � y �a r �s y o y cMa M yQy ; ,tea �Qj r �dj d j � _� yd_ � ydy _� yd_ y¢ � rrd-�� � ydy � ryca� ry�a� o Mm yQy "C' b❑ b b v b b b b v �, b .n � b b b Y b ww www br,°, a� a� a� 2 a� d d v$ v v v 0 x x x x x x x x x x x x x x x x x x x x x x L x x x U x m co � 0 i � m m La 0 0 0 0 Q 0 d Q 0 0 0 0 d 0 0 4 0 0 4 0 Q 0¢¢ 0 0 0 0 4 0 0 0 0¢ 0 0 0> 0 d z2�z2z2zz�2 �z22 2;�z z zz z22z�5 �t2 zz 4 z M It vn 10 r 00 -. N M v) �o r 00 0 0 0 0 'IT 0 0 0 0 0 ���9 9 F a a9}��s s 8 2 2 . .������ 4 :1111 &0���w0 00 00 00 O\ O\ O\ O) O\ rn rn O\ r r r r r r r r r r r r r r _ 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 0 0 O o 0 C) 0 r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r 0 0 0 0 0 0 0 0 0 0 0 %D �o �o %D %o �o )o �D �D %D 10 �o �o �o �D b �o �D r r r r r r r r r r r 0 Q � d c °^ U U= A O O C O C O C v v a v $ d 0¢ b v X ¢ d G k ¢ b c ¢ b U adi U' v v w coi U C w 0 a 0> c w 7 0 0 0 c P. 7 0 0, 0 w 0 v o d¢¢ "S Q2f o o❑ o b o U U. b A o„ U. c 'r-" N b 0 A y v 0 .� L)¢ 0 a 0 .� ¢ U 0 .o '� U R o A - 0 o A v w.O�F ¢ ¢ w F¢ ¢ bw ¢ ¢'"w = `°d Q w.o > �'c?� .� v, o a .° it •� o .� •° .S 0 ' •° Z .5 o .? a °- A a ° Q. �.y � o O' m U L U �. y U L U rn U L U y h U �.. U d �+ p+ in a� r"i� > C rn y C U o a> .8 °� 6 A. y N C E P A n y a, A v A n a� .� y F v�dUvai�wrxQvAiUUvai�aw�v�UUv0.i .°awdv�UUvviAPLaQUZ)dU.j000�c�' Sa�12A'9E IDA ITEM N0. PAGE .21_OF7 M It vn 10 r 00 -. N M v) �o r 00 0 0 0 0 'IT 0 0 0 0 0 ���9 9 F a a9}��s s 8 2 2 . .������ 4 :1111 &0���w0 00 00 00 O\ O\ O\ O) O\ rn rn O\ r r r r r r r r r r r r r r _ 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 0 0 O o 0 C) 0 r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r 0 0 0 0 0 0 0 0 0 0 0 %D �o �o %D %o �o )o �D �D %D 10 �o �o �o �D b �o �D r r r r r r r r r r r 0 Q � d c °^ U U= A O O C O C O C v v a v $ d 0¢ b v X ¢ d G k ¢ b c ¢ b U adi U' v v w coi U C w 0 a 0> c w 7 0 0 0 c P. 7 0 0, 0 w 0 v o d¢¢ "S Q2f o o❑ o b o U U. b A o„ U. c 'r-" N b 0 A y v 0 .� L)¢ 0 a 0 .� ¢ U 0 .o '� U R o A - 0 o A v w.O�F ¢ ¢ w F¢ ¢ bw ¢ ¢'"w = `°d Q w.o > �'c?� .� v, o a .° it •� o .� •° .S 0 ' •° Z .5 o .? a °- A a ° Q. �.y � o O' m U L U �. y U L U rn U L U y h U �.. U d �+ p+ in a� r"i� > C rn y C U o a> .8 °� 6 A. y N C E P A n y a, A v A n a� .� y F v�dUvai�wrxQvAiUUvai�aw�v�UUv0.i .°awdv�UUvviAPLaQUZ)dU.j000�c�' Sa�12A'9E IDA ITEM N0. 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W) O O b � w 00 10 O O vl N O l- O M vNl 00 h mn � O N M O M fn I 11 - I - F- z� �A aWo wxN V] M O �• F � U� O c AGENDA ITEM N0. PACE ad OF 2t2 b � w � O F- z� �A aWo wxN V] M O �• F � U� O c AGENDA ITEM N0. PACE ad OF 2t2 O z w a w 0 V z w a V w x H V1 z w h z A z x V r 0 0 N M x a w 0 T lu lu �c o c � O W M ❑ ❑ b w O O o � cC U /y AGENDA ITEM N0. 3 PAGE X? OF CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MAY 229 2007 SUBJECT: RESOLUTION INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS MAKENNA COURT INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 19 AS LLMD ANNEXATION NO. 19 ( MAKENNA COURT), DECLARING THE CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO BACKGROUND As a condition of approval, the City has required the Makenna Court development to be annexed into the Landscape and Street Lighting District No. 1. New developments are annexed into Landscape and Street Lighting District No. 1 if a development will have public right -of -way landscaped areas maintained by the City or if there are more than three street lights in the public right -of -way. Agenda Item No. 4 Page/ of REPORT TO CITY COUNCIL MAY 229 2007 PAGE 2 DISCUSSION Attached is the Engineer's report for the Lake Elsinore Landscape and Street Lighting Maintenance District Annexation No. 19 ( Makenna Court) prepared by Harris and Associates. The district annexation includes the Makenna Court development which contains approximately 22 street lights. The total annual cost of operations and maintenance for Landscaping is estimated at $3,873.65 or $46.67 per dwelling unit. The total annual cost of operations and maintenance for Street Lighting is estimated at $4,712.76 or $56.78 per dwelling unit. The estimated landscaping cost for the first year includes a 50% reserve of $1,686.83, bringing the total to $5,560.48 or $66.99 per dwelling unit. The estimated street lighting cost for the first year includes a 50% reserve of $2,106.38, bringing the total to $6,819.15 or $82.16 per dwelling unit. The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District and each annexation or zone tracked separately. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. This new zone will be levied in Fiscal Year 2007 -08 to fund the reserve and cover administrative costs. The total to be assessed will be $2,439.35. The City Council may approve up to a two percent (2 %) fixed rate adjustment annually. The rate adjustment will adjust the Maximum rate but not necessarily the assessment rate. If costs begin to exceed assessment revenue, the City Council may increase the assessment up to the Maximum. FISCAL IMPACT The City is not negatively impacted by the annexation or continuation of the district. In addition to the operating costs of the district, the assessment would be Agenda Item No. vl Page a of a 7 REPORT TO CITY COUNCIL MAY 229 2007 PAGE 3 levied annually to sufficiently finance the costs of administering the levy, collection of the assessment and all other costs of the levy of the assessment. The City will be, however, positively impacted with the funding for electricity and landscaping and street lighting maintenance. PROCESS The annexation of the Landscape and Street Lighting District Annexation No. 19 ( Makenna Court) requires a specific process as outlined in the attached resolution. The City Council will need to hold a public hearing on the annexation of certain territory into LLMD No. 1 and the participating property owner will have the opportunity to vote. The public hearing can be scheduled for June 26, 2007. RECOMMENDATION It is recommended that City Council: 1. Approve the Engineer's Report for Annexation No. 19 ( Makenna Court) to LLMD No. 1 2. Adopt the Resolution 2007 — -1A of Intention to annex Makenna Court into LLMD No. 1 3. Schedule the public hearing on the District Formation for June 26, 2007 PREPARED BY: MATT N. PRESSEY DIRECTOR OF ADMINXORATIVE SERVICES Agenda Item No. _— Page 3 of REPORT TO CITY COUNCIL MAY 229 2007 PAGE 4 APPROVED FOR AGENDA BY: MANAGER'S O Agenda Item No. q Page _y__ of —I M X D C) O D O D D APN: 379 - 150 -001 to —002 379 - 150 -041 to —044 O� V SCALE: 1'- 150' DISTRICT BOUNDARY Cl) PROJECT w SI TE WSJ l it o w F �- Z�F�4N� f oR A, O �O MIN= KM NO SCALE The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2007 -08. Annexation No. 19 to the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Page 1 of 1 Agenda Item No. `1 Page of ::?,7 RESOLUTION NO. 2007- Iq A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS TRACT 33486 INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 19 AS ANNEXATION NO. 19 (MAKENNA COURT) TO THE LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 19 DECLARING THE CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO WHEREAS, the City Council of the City of Lake Elsinore, pursuant to the provisions of the Landscaping and Lighting Act of 1972 being Division 15 of the Streets and Highways Code of the State of California (the "Act "), desires to initiate proceedings for the annexation of certain territory (the "Annexed Area ") to the Landscape and Street Lighting District No. 1 (the "District "), and declares the City's intention to order the annexation of the Annexed Area for the levy and collection of annual assessment within the Annexed Area for Fiscal Year 2007/2008 for the purposes provided therefore in the Act; and WHEREAS, the improvements to be installed, constructed, or maintained within the proposed Annexed Area may include installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, landscaping and streetlight improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof; and WHEREAS, Section 22608 of the Act limits the requirement for the resolutions, Engineer's Report, notices of hearing, and right of majority protest under the Act to the territory included within the annexation and waives these requirements with the written consent of all of the owners of property within the territory to be annexed; and Agenda Item No. Page 6 of CITY COUNCIL RESOLUTION NO. 2007-_ Page 2 of 5 WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require that a notice of the proposed assessment along with a ballot shall be mailed to all owners of identified parcels within the Annexed Area and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, the Annexation consists of the property known as Assessor Parcel Numbers 379 - 150 -001, 379 - 150 -002 and 379 - 150 -041 to —044; and WHEREAS, Property Owners have submitted a petition to the City requesting to have the development annexed into the Landscape and Street Lighting District No. 1; and WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is designated Proposed Annexation No. 19 (Makenna Court) to the Lake Elsinore Landscape and Street Lighting Maintenance District No. 1 and an assessment showing the proposed boundaries of the territory to be annexed into the District, which is benefited by the construction of the improvements and the amount to be assessed against each of the parcels within the proposed annexation to the District; and WHEREAS, the City has ordered the preparation of an Engineer's Report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code giving a description of the annexation; and WHEREAS, the Engineer's Report, diagram, and assessments have been approved and filed with the City Clerk and are open to public inspection and may be referred to for all details regarding the improvements, the boundary of the proposed annexation, the assessments, total costs, and description of the parcels to be assessed; and WHEREAS, this City Council has examined and considered the Engineer's Report, diagram, assessments, and the proceedings prior thereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the above recitals are true and correct. Agenda Item No. =-I�— Page--,7 of R7 CITY COUNCIL RESOLUTION NO. 2007-_ Page 3 of 5 SECTION 2. The City Council hereby finds (1) that the public interest, convenience, and necessity require the maintenance of a landscaping and street lighting system; and (2) declares its intention to order the formation of the Annexation and to levy and collect assessments against the assessable lots and/or parcels of land within such Annexation for that portion of the fiscal year commencing July 1, 2007 and ending June 30, 2008, to pay the costs and expenses of the maintenance of improvements described below. If the assessments proposed by this resolution are approved by the property owners pursuant to a mailed ballot election conducted in accordance with Article XIII D of the California Constitution, the City Council in subsequent fiscal years may thereafter impose the assessment at any rate or amount that is less than or equal to the amount authorized for Fiscal Year 2007/2008, without conducting another mailed ballot election. SECTION 3. That the City Council hereby proposes to annex to Landscape and Street Lighting District No. 1 the Annexed Area located at Assessor Parcel Numbers 379 - 150 -001, 379 - 150 -002 and 379 - 150 -041 to —044, and to levy annual assessments thereon to provide for the following work: Installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, landscaping and streetlight improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. The distinctive designation for the proposed Annexed Area shall be "Annexation No. 19 (Makenna Court) to the Lake Elsinore Landscape and Street Lighting Maintenance District No. 1 ", when referred to separately and upon annexation will be included in the designation of Landscape and Street Lighting District No. 1. SECTION 4. That the Property Owners have provided the City Council of the City of Lake Elsinore a petition fully signed, requesting the City to maintain and service the improvements and establishment of an assessment for the proposed annexation of the property into the District in an amount reasonably determined by the City to cover all costs and expenses incurred for the continued maintenance, operation, and servicing of the improvements. SECTION 5. A Diagram for the District (Section 22570 of the Streets and Highways Code) and an assessment (Section 22572 of the Streets and Highways Agenda Item No. Ci Page 0 of I CITY COUNCIL RESOLUTION NO. 2007-_ Page 4 of 5 Code) showing the area to be annexed, benefited, and assessed for the improvements has been prepared as Exhibit "A." The diagram, assessment, and improvement plans have been filed with the City Clerk. SECTION 6. The diagram, which indicates by a boundary line the extent of the territory proposed to be annexed into the District, is hereby declared to describe the proposed boundaries of the proposed annexation to the District and shall govern for all details as to the extent and location of said annexation. SECTION 7. That the City Council is satisfied with the correctness of the diagram and assessment, including the proceedings and all matters relating thereto. SECTION 8. That notice is hereby given that on the 26th day of June, 2007, at the hour of 7:00 p.m., or as soon thereafter as possible, in the City Council Chambers, in the City of Lake Elsinore, the City will hold a public hearing to receive and tabulate all ballots with reference to the Annexed Area pursuant to the Right to Vote On Taxes Act. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. SECTION 10. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 22"d day of May, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Agenda Item No._ Page —L of �� CITY COUNCIL RESOLUTION NO. 2007-_ Page 5 of 5 ATTEST: Michelle Soto, Deputy City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Robert E. Magee, Mayor City of Lake Elsinore Agenda Item No. Page It) of EXHIBIT A ANNEXATION NO. 19 (MAKENNA COURT) TO LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 Agenda Item No. q Page _/_L of o -+ M D C7 0 D 0 D 0 APN: 379 - 150 -001 to —002 379 - 150 -041 to —044 QO Z� v SCALE: 1 "= 150' LF&$tlll: DISTRICT BOUNDARY PROJECT SITE �� J s J P � PCB J Q� nc►Nrrr W NO SCAIZ The parc numbers above corresppond to the Assessor's maps of the Assessor of the County of River el side for Fiscal Year 2007 -08. Annexation No. 19 to the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Page 1 of 1 AGENDA ITEM NO.. -,y`'t' PAGE— L,2–OF,22 Engineer's Report for Annexation No. 19 to the Lake Elsinore Landscape and Street Lighting Maintenance District No. 1 (Makenna Court) City of Lake Elsinore Riverside County, California Prepared by: Harris & Associates May 9, 2007 Agenda Item No. Page 13 of Annexation No. 19, City of Lake Elsinore May 9, 2007 Landscape and Street Lighting Maintenance District No. 1 Page i ENGINEER'S REPORT ANNEXATION NO. 19 to the LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 The undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that she is a Professional Engineer, registered in the State of California. DATED: May 9, 2007 BY: Joan E. Cox R.C.E. No. 41965 OFESSrON\ E. � Z U m Ui of N0. 41965 z * EXP. 3/31/08 * ��qTF C1V01\- OF AL I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Diagram thereto attached, was filed with me on the _ day of , 2007. City Clerk, City of Lake Elsinore Riverside County, California :A I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Diagram thereto attached, was approved and confirmed by the City Council of the City of Lake Elsinore, California, on the _ day of , 2007. City Clerk, City of Lake Elsinore Riverside County, California Agenda Item No. Page of q: \elsinore \IImd1 \formation\staff reports & resos \annex 19 (makenna court) \roi \agenda item - annex no. 19 Ilmd engineer's report.doc Annexation No. 19, City of Lake Elsinore May 9, 2007 Landscape and Street Lighting Maintenance District No. 1 Page ii ENGINEER'S REPORT ANNEXATION NO. 19 to the LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 TABLE OF CONTENTS Certificates.......................................................................... ............................... i Report................................................................................ ............................... 1 Part A - Plans and Specifications .......................... ............................... 3 Part B - Estimate of Cost ....................................... ............................... 6 Part C - Assessment Roll ...................................... ............................... 7 Part D - Method of Apportionment of Assessment .............................. 8 Part E - Property Owner List ............................... ............................... 11 Part F - Assessment District Boundary ............... ............................... 11 Agenda Item No. L4 Page P� of q: \elsinore \IImd1 \formation\staff reports & resos\annex 19 (makenna court) \roi \agenda item - annex no. 19 Ilmd engineer's report.doc Annexation No. 19, City of Lake Elsinore May 9, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 1 CITY OF LAKE ELSINORE ENGINEER'S REPORT Prepared Pursuant to the Provisions of the Landscaping and Lighting Act of 1972 (California Streets and Highways Code Section 22500 through 22679), Article XIIID of The California Constitution, and The Proposition 218 Omnibus Implementation Act (California Government Code Section 53750 Et Seq.) Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, Article XIIID of the California Constitution, the Proposition 218 Omnibus Implementation Act and in accordance with the Resolution of Initiation adopted by the Council of the City of Lake Elsinore, State of California, in connection with the proceedings for: CITY OF LAKE ELSINORE ANNEXATION NO. 19 to the LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO hereinafter referred to as the "Assessment District" or "District ", I, Joan E. Cox, P.E., the authorized representative of Harris & Associates, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of six (6) parts as follows: PART A Plans and specifications for the improvements showing and describing the general nature, location and extent of the improvements. PART B An estimate of the cost of the proposed improvements for FY 2007 -08, including incidental costs and expenses in connection therewith. PART C An assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District. Agenda Item No. q Page of q: \elsinore \IImd1 \formation \staff reports & resos\annex 19 (makenna court) \roi \agenda item - annex no. 19 Ilmd engineer's report.doc Annexation No. 19, City of Lake Elsinore May 9, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 2 PART D The method of apportionment of assessments, indicating the proposed assessment of the total amount of the costs and expenses of the improvements upon the several lots and parcels of land within the Assessment District, in proportion to the estimated benefits to be received by such lots and parcels. PART E A list of the names and addresses of the owners of real property within the Assessment District, as shown on the last equalized roll of the Assessor of the County of Riverside. PART F The Diagram of the Assessment District Boundaries showing the exterior boundaries of the Assessment District, the boundaries of any zones within the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District. Agenda Item No. 14 Paged of- q: \elsinore \IImd1 \formation \staff reports & resos \annex 19 (makenna court) \roi\agenda item - annex no. 19 Ilmd engineer's report.doc Annexation No. 19, City of Lake Elsinore May 9, 2007 Landscape and Street Lighting Maintenance District No. i Page 3 PART A PLANS AND SPECIFICATIONS The facilities will be operated, serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS, FY 2007 -08 The facilities to be maintained and serviced include landscaping for the specific Maintenance District as described herein. Facilities include but are not limited to: landscaping, planting, shrubbery, trees, turf, irrigation systems, hardscapes, fixtures, and appurtenant facilities, in public rights -of -way, parkways, slopes and dedicated easements within the boundaries of said Maintenance District. Zone 1 (the original District) - Encompasses the Water Ridge Development and funds landscape and street lighting maintenance and operations. Zone 2 (Annexation No. 1) — Encompasses the Elsinore Homes Development and funds landscape and street lighting maintenance and operations. Zone 3 (Annexation No. 2) — Encompasses the Pepper Grove Development and funds landscape and street lighting maintenance and operations. Zone 4 (Annexation No. 3) — Encompasses the Serenity Development and funds landscape and street lighting maintenance and operations. Zone 5 (Annexation No. 4) — Encompasses the Rosetta Canyon Development and funds street lighting maintenance and operations. Zone 6 (Annexation No. 5) — Encompasses the La Laguna Phase 3 Development and funds street lighting maintenance and operations. Zone 7 (Annexation No. 6) — Encompasses Tract 28214 of the Alberhill Ranch Development and funds street lighting maintenance and operations. Zone 8 (Annexation No. 7) — Encompasses Tract 32670 of the Belcaro Development and funds landscape maintenance and operations. Zone 9 (Annexation No. 8) — Encompasses Tract 32077 of the La Strada Development and funds street lighting maintenance and operations. Zone 10 (Annexation No. 9) — Encompasses Tracts 30698 and 32129 of the Clurman -owned development and funds street lighting maintenance and operations. Zone 11 (Annexation No. 10) — Encompasses Tract 31920 -1 of the Summerly Development and funds park landscaping and street lighting maintenance and operations. Agenda Item No. 4 Page 1r of q: \elsinore \IImd1 \formation \staff reports & resos \annex 19 (makenna court) \roi\agenda item - annex no. 19 Ilmd engineer's report.doc Annexation No. 19, City of Lake Elsinore May 9, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 4 Zone 12 (Annexation No. 11) — Encompasses Tract 31957 of the development owned by Lake Elsinore 80 SFR LLC and funds landscaping and street lighting maintenance and operations. Zone 13 (Annexation No. 12) — Encompasses Tract 33370 of the Tessera Development and funds landscaping and street lighting maintenance and operations. Zone 14 (Annexation No. 13) — Encompasses Tract 31792 of the Wasson Canyon Development and funds street lighting maintenance and operations. Zone 15 (Annexation No. 14) — Encompasses Tract 34231 of the Trieste Development and funds landscaping and street lighting maintenance and operations. Zone 16 (Annexation No. 15) — Encompasses the Ridgestone Apartments Development and funds landscape maintenance and operations. Zone 17 (Annexation No. 16) — Encompasses Tract 32503 of the Rosetta Canyon Development and funds street lighting maintenance and operations. Zone 18 (Annexation No. 17) — Encompasses Tract 32337 -1 of the La Laguna Phases 4 & 5 Development and funds street lighting maintenance and operations. Zone 19 (Annexation No. 17) — Encompasses Tract 32337 -2 of the La Laguna Phases 4 & 5 Development and funds street lighting maintenance and operations. Zone 20 (Annexation No. 18) — Encompasses Tract 17413 -4 of the Tuscany Hills Estates Development and funds landscape maintenance and operations. Zone 21 (Annexation No. 19) — Encompasses Tract 33486 of the Makenna Court Development and funds landscaping and street lighting maintenance and operations. The facilities in Zone 21 are specifically described as follows: • Landscaping within the public right -of -way, approximately 9,800 square feet • Street lights within the public right -of -way (22 street lights) Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the lighting facilities or appurtenant facilities and the furnishing of electric current or energy, Agenda Item No. Page of q: \elsinore \IImd1 \formation \staff reports & resos \annex 19 (makenna court) \roi\agenda item - annex no. 19 Ilmd engineer's report.doc Annexation No. 19, City of Lake Elsinore May 9, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 5 gas or other illuminating agent for the lighting facilities, or for the lighting or operation of the landscaping or appurtenant facilities. The plans and specifications for the improvements, showing and describing the general nature, location, and the extent of the improvements, are on file in the office of the Director of Public Works and are incorporated herein by reference. Agenda Item No. Page , D of q : \elsinore \IImd1 \formation\staff reports & resos \annex 19 (makenna court) \roi\agenda item - annex no. 19 Ilmd engineer's report.doc Annexation No. 19, City of Lake Elsinore May 9, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 6 PART B ESTIMATE OF COST The maximum and actual budget costs of the operation, servicing and maintenance of the landscaping and street light improvements for Fiscal Year 2007 -08, as described in Part A, are summarized herein and described below. ANNEXATION NO. 19 to the LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 Proposed Budget — Fiscal Year 2007 -08 Zone 21, Fiscal Year 2007 -08 Maximum Budget Costs Landscaping Operations and Maintenance $ 3,373.65 Reserve (50 %) $ 1,686.83 Administration $ 500.00 Sub -Total $ 5,560.48 Street Liehtin Operations and Maintenance $ 4,212.76 Reserve (50 %) $ 2,106.38 Administration $ 500.00 Sub -Total $ 6,819.15 Total Maximum Budgeted Costs $12,379.63 Zone 21, Fiscal Year 2007 -08 Actual Budgeted Costs Landscaping Operations and Maintenance $ 0.00 Reserve (50 %) $ 595.62 Administration $ 500.00 Sub -Total $ 1,095.62 Street Liehtin Operations and Maintenance $ 0.00 Reserve (50 %) $ 843.73 Administration $ 500.00 Sub -Total $ 1,343.73 Total Actual Budgeted Costs $ 2,439.35 The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. Agenda Item No. Page of R7 q : \elsinore \IImd1 \formation\staff reports & resos \annex 19 (makenna court)\roi\agenda item - annex no. 19 Ilmd engineer's report.doc Annexation No. 19, City of Lake Elsinore Landscape and Street Lighting Maintenance District No. 1 PART C ASSESSMENT ROLL May 9, 2007 Page 7 The total maximum assessment for Fiscal Year 2007 -08 and the amount of the total maximum assessment apportioned to each lot or parcel within Zone 21 of the District, as shown on the latest assessment roll at the Riverside County Assessor's Office, are contained in the Maximum Assessment Roll provided below. Maximum Assessment Roll Assessor's Parcel Number Facilijy 379 - 150 -001 379 -150 -002 379 - 150 -041 Landscaping 379 - 150 -042 Street Lighting 379 -150 -043 379 - 150 -04 FY 2007 -08 Dwelling Units Max. Asmt 83.00 $ 5,560.17 83.00 $ 6,819.28 Maximum Assessment Grand Total: $12,379.45* *The maximum assessment is $0.18 less than the maximum budget due to rounding of the assessment per dwelling unit. The actual assessment for FY 2007 -08 for each lot or parcel in Zone 21 of the District is shown below: Actual Assessment Roll Assessor's Parcel Equivalent FY 2007 -08 Number Dwelling Units Actual Asmt 379 - 150 -001 1.000 $ 149.15 379 -150 -002 9.000 $ 1,342.35 379 - 150 -041 1.785 $ 266.23 379 - 150 -042 1.785 $ 266.23 379 - 150 -043 1.785 $ 266.23 379 -150 -044 1.000 $ 149.15 Actual Assessment Grand Total: $ 2,439.35 The description of each lot or parcel is part of the Riverside County assessment roll and this roll is, by reference, made part of this Report. Agenda Item No. Page � of q : \elsinore \IImd1 \formation\staff reports & resos\annex 19 (makenna court) \roi \agenda item - annex no. 19 Ilmd engineer's report.doc Annexation No. 19, City of Lake Elsinore May 9, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 8 PART D METHOD OF APPORTIONMENT OF ASSESSMENT GENERAL Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment district by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals and landscaping. Section 22573 of the Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value. This section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. " The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements." (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" based on the actual benefit rather than a "special tax." In addition, Proposition 218, the "Right to Vote on Taxes Act" which was approved on the November 1996 Statewide ballot and added Article XIIID to the California Constitution, requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIIID provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. Article XIIID also requires that publicly owned property which benefit from the improvements be assessed. REASON FOR THE ASSESSMENT The assessment is proposed to be levied to pay for the costs of the construction, servicing and maintenance of landscaping, street lighting and appurtenant improvements within the District. SPECIAL BENEFIT ANALYSIS Street Landscaping, Slopes and Greenbelts. Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings, and therefore increase property value. In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated: "... there is no lack of opinion, based on general principals and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly.... Indeed, in most cases where public money has been spent for parkways the Agenda Item No. Page .?3 of q: \elsinore \IImd1 \formation\staff reports & resos \annex 19 (makenna court) \roi \agenda item - annex no. 19 Ilmd engineer's report.doc Annexation No. 19, City of Lake Elsinore May 9, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 9 assumption has been definitely made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City ,..." It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping along side the roadway. The ongoing operation and maintenance of the street landscaping, slopes and greenways within the individual district, as identified in Part A of this Report, provide beautification to the areas that result in a special benefit to the parcels within the tracts adjacent to the improvements. If these landscaped areas were not properly maintained, the tract would be blighted. The City of Lake Elsinore considers the maintenance and upkeep of parkways and adjacent slopes to be the responsibility of the adjacent development due to the added beautification of the local community which extends to the perimeter of the development. Street Lighting. Proper maintenance and operation of the streetlights benefit all properties within the District by providing security, safety and community character and vitality as outlined below. Streetlights provide only incidental benefits to motorists traveling to, from or through the area. BENEFITS OF STREET LIGHTING Security and Safety Mitigates crime Alleviates the fear of crime • Enhances safe ingress /egress to property Community Character and Vitality • Promotes social interaction • Promotes business and industry • Contributes to a positive nighttime visual image Improvements that provide a special benefit to an isolated group of parcels of land located within the District are considered to be a localized benefit, and the costs associated with these improvements are assessed to all assessable parcels receiving the localized benefit. Localized benefits include the construction, operation, servicing and maintenance of the improvements that only benefit the parcels located within the localized areas. Localized Improvements — Parcels that have localized landscaping such as entryway landscaping, parkway landscaping, etc., and street lighting adjacent to or near their parcels directly benefit from the improvements and are assessed for the costs of the localized improvements. ASSESSMENT METHODOLOGY Equivalent Dwelling Units To establish the special benefit to the individual parcels within Zone 21 of the District, an Equivalent Dwelling Unit system is used. Each parcel of land is assigned Equivalent Dwelling Units ( "EDU's ") in proportion to the estimated special benefit the parcel receives relative to the other parcels within the District from the streetlights. Agenda Item No. Page T of q: \elsinore \IImd1 \formation \staff reports & resos\annex 19 (makenna court) \roi \agenda item - annex no. 19 Ilmd engineer's report.doc Annexation No. 19, City of Lake Elsinore May 9, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 10 The single - family detached (SFD) residential parcel has been selected as the basic unit for calculation of assessments; therefore, the SFD residential parcel is defined as one Equivalent Dwelling Unit (EDU). A methodology has been developed to relate all other land uses to the SFD residential land use as described below. Developed Non - Residential (Non -Res). Developed non - residential properties are defined as improved commercial, industrial and institutional properties (such as school property or churches). In converting these properties to EDU's, the size of the parcels are compared to the average size of a single - family residential lot, which is 7,200 square feet. This equals approximately 6 SFR lots per acre of land. Therefore, developed non - residential parcels are assigned EDU's at a rate of 6 EDU's per acre. Vacant. Based upon the opinions of professional appraisers, appraising current market property values for real estate in Southern California, the land value portion of a property typically ranges from 20 to 30 percent of the property's total value. Additionally, the utilization of vacant property is significantly less than improved property and vacant property has a traffic generation rate of 0. Therefore, vacant parcels will be assessed at the rate of 25% of Non -Res properties, or 1.5 EDU per acre or any portion thereof. The table below provides the assessment apportionment for Zone 21. Dwelling Max. Maint. Asmt Actual Asmt Total Max. Asmt Facility Units per EDU (FY 2007 -08)* per EDU (FY 2007 -08) For District Landscaping 83.00 $66.99 $66.99 $5,560.17 Street Lighting 83.00 $82.16 $82.16 $6,819.28 Total Max. Asmt: $12,379.45 * The maximum annual maintenance assessments shall be increased each year by 2 %. The actual assessments levied in any fiscal year will be as approved by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. Agenda Item No. Page.? 5,-of q: \elsinore \IImd1 \formation \staff reports & resos\annex 19 (makenna court) \roi \agenda item - annex no. 19 Ilmd engineer's report.doc Annexation No. 19, City of Lake Elsinore May 9, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 11 PART E PROPERTY OWNER LIST A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Riverside, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll, Part C of this Report. PART F ASSESSMENT DISTRICT BOUNDARIES Diagrams showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District are provided on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Riverside for Fiscal Year 2006 -07. The Assessor's maps and records are incorporated by reference herein and made part of this report. Agenda Item No._ Page of q: \elsinore \IImd1 \forrnation \staff reports & resos \annex 19 (makenna court) \roi \agenda item - annex no. 19 Ilmd engineer's report.doc M D C7 O D O D APN: 379 - 150 -001 to —002 379 -150 -041 to —044 QO Z� V SCALE: 1'- 15W TMIMD; UTMCP BOUNDARY Cl) PROJECT SI TE (2, CK WSJ �' Nof o QUO o� YtCIMTY UO NO SCALY The parcel numbers above correspond to the Assessors maps of the Assessor of the County of Riverside for Fiscal Year 2007 -08. Annexation No. 19 to the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Page 1 of 1 Agenda Item No. Page" 7 of 7 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MAY 229 2007 SUBJECT: RESOLUTION OF INTENTION TO FORM COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX BACKGROUND All new residential developments with 4 or more units are being conditioned to provide funding for on -going law enforcement, fire and paramedic services. In 2003, the City formed CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) to provide a funding source to meet the demands of the additional services required from new developments. Since 2003, 23 developments have been annexed into CFD No. 2003 -1. With the increase in police, fire and paramedic costs, CFD No. 2003 -1 no longer provides adequate funding to meet the demands placed on the City by new development. As a condition of approval, the City has required the project located on APNs 379- 150 -001, 379 - 150 -002 and 379 - 150 -041 to -044 to provide funding for additional law enforcement, fire and paramedic services generated by the development. The district will levy a special tax for law enforcement, fire and paramedic services costs above what is already available to the property. Agenda Item No. Page / of /.S' REPORT TO THE CITY COUNCIL MAY 229 2007 PAGE 2 DISCUSSION A special tax will be levied in the amount of $416.00 per single family dwelling unit and $208.00 per multi - family unit for fiscal year 2007 -08. The amount of the special tax increases two percent annually. The project located on APNs 379 - 150 -001, 379 - 150 -002 and 379 - 150 -041 to -044 will generate about $34,528.00 annually once all the homes are built. The map of the proposed boundary is attached. FISCAL IMPACT The cost of law enforcement, fire and paramedic services is approximately $1,010 per single family dwelling unit. For each new SFD unit, approximately $594 of will be generated from property tax and other revenues dedicated to law enforcement fire and paramedic services. Property tax and other revenues that will be generated from the residents are not sufficient to fund the cost of law enforcement, fire and paramedic services and therefore the CFD 2007 -1 special tax levy of $416 will assist the funding of the increased law enforcement, fire and paramedic services. PROCESS The formation of the district requires a specific process as outlined in the attached resolution. The City Council will need to hold a public hearing on the formation of CFD 2007 -1 and the participating property owner will have the opportunity to vote. The public hearing can be scheduled for June 26, 2007. RECOMMENDATION It is recommended that City Council: 1. Adopt the resolution of intention to form CFD 2007 -1 2. Schedule the public hearing for June 26, 2007 Agenda Item No. � Page �o _ of /S- REPORT TO THE CITY COUNCIL MAY 229 2007 PAGE 3 PREPARED BY: APPROVED FOR AGENDA BY: MATT N. PRESSEY DIRECTOR OF A6MINISTRATIVE SERVICES MANAGER'S OFFI Agenda Item No. Page 3 of PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No, 2007-1 OF THE CITY OF LAKE ELSINORE (LAW ENFORCEMENT, FIRE, AND PARAMEDIC SERVICES) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LEGEND; SCALE. I"= 150' PROJECT uj� //SITE VICINITY MAP NO SCALE DISTRICT BOUNDARY EXCLUDING LOT 43 OF TRACT 33486 FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF LAKE ELSINORE THIS DAY OF 2007 CITY CLERK OF 5F _H_E _6ff LAKE: ELSINORE ELSINORE I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2007-1 , CITY OF LAKE ELSINORE. COUNTY 01' RIVERSIDE, STATE OF CALIFORNIA WAS APPROVED BY T14E CITY COUNCIL OF THE CITY OF LAKE ELSINORE! AT A REGULARLY SCHEDULED MCEFINC THEREOF, HELD ON THE - __ - DAY OF —, 2007, BY ITS RESOLUTION No CITY CLERK OF THE CITY OF LAKE ELSINORE FILED THIS — DAY OF 2007, AT THE HOUR OF — O'CLOCK—M, IN BOOK—, OF MAPS OF ASSESSMENT AND COMMUNITY FACh.ITIF.S DISTRICTS PACE NOS.—THROUGH— AS INSTRUMENT NO-- IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. LARRY W WARD ASSESSOR-COUNTY CLERK - RECORDER COUNTY OF RIVERSIDE FEE REFERENCE THE RIVERSIDE COUNTY ASSESSOR'S MAPS FOR A DETAILED DESCRIPTION OF PARCEL LINES AND DIMENSIONS q LL 0 LLS PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No. 2007- - OF THE CITY OF LAKE ELSINORE (LAW ENFORCEMENT, FIRE, AND PARAMEDIC SERVICES) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA t SCALE: 1' =6000' L2-N2 CURRENT CASTRICT BOUNDARY NTURE ANNEXATIONS LL 0 0 u Q 0 RESOLUTION NO. 2007- 15 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2007 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN SAID DISTRICT WHEREAS, the City Council (the "Council ") of the City of Lake Elsinore (the "City ") intends to establish City of Lake Elsinore Community Facilities District No. 2007 -1 (Law Enforcement, Fire and Paramedic Services) (the "District ") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code of the State of California (the "Act "); and WHEREAS, the Council intends to finance law enforcement, fire and paramedic services that are in addition to those provided in the territory within the District prior to the formation of the District and do not supplant services already available within the territory proposed to be included in the District through the formation of the District subject to the levy of a special tax to pay for such services, being approved at an election to be held within the boundaries of the District; and WHEREAS, the Council intends to provide for the annexation in the future of territory (the "Future Annexation Area ") to the District pursuant to the terms and provisions of the Act. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Council hereby determines to institute proceedings for the formation of a community facilities district under the terms of the Act. The exterior boundaries of the community facilities district are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled "Proposed Boundaries, City of Lake Elsinore, Community Facilities District No. 2007 -1 (Law Enforcement, Fire and Paramedic Services)," which map indicates by a boundary line the extent of the territory included in the proposed Agenda Item No. n Page (0 of /5� community facilities district and shall govern for all details as to the extent of the District. On the original and one copy of the map of such District on file in the City Clerk's office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of Riverside, State of California. SECTION 2. The Future Annexation Area, which area is to be subject to a special tax to be levied, shall be comprised of undeveloped parcels within the boundaries of the City, other than those parcels already within the boundaries of the proposed District, that require a discretionary approval for development of four or more dwelling units which are developed for private residential purposes. Such Future Annexation Area may be annexed only with the unanimous approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed. SECTION 3. The name of the proposed community facilities district shall be "City of Lake Elsinore Community Facilities District No. 2007 -1 (Law Enforcement, Fire and Paramedic Services)." SECTION 4. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special tax (the "Special Tax ") sufficient to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within the District prior to the formation of the District and do not supplant services already available within the territory proposed to be included in the District, the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax, including any foreclosure proceedings, legal, fiscal, and financial consultant fees, election costs, and all other administrative costs of the tax levy. The Special Tax will be secured by recordation of a continuing lien against all non - exempt real property in the proposed District. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit "A" attached hereto and by this reference incorporated herein. The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such Special Tax is not on or based upon the ownership of real property. Agenda Item No. _ 5—- Page 7 of The maximum Special Tax applicable to a parcel to be used for private residential purposes, as set forth in Exhibit A, is specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to tax because of its use for private residential purposes, and such amount shall not be increased over time by an amount in excess of 2 percent per year. Under no circumstances will the Special Tax to be levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the proposed District. As specified by the Act, for purposes of this paragraph, a parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit for private residential use is issued. SECTION 5. A public hearing (the "Hearing ") on the establishment of the District and the proposed rate and method of apportionment of the Special Tax shall be held on June 26, 2007, at 7:00 o'clock p.m., or as soon thereafter as practicable, at the chambers of the City Council of the City of Lake Elsinore, 183 North Main Street, Lake Elsinore, California 92530. SECTION 6. At the time and place set forth above for the hearing, any interested person, including all persons owning lands or registered to vote within the proposed District, may appear and be heard. SECTION 7. Each City officer who is or will be responsible for the District, if it is established, is hereby directed to study the proposed District and, at or before the time of the above - mentioned Hearing, file a report with the City Council, and which is to be made a part of the record of the Hearing, containing a brief description of the District and his or her estimate of the cost of providing additional law enforcement, fire and paramedic services within the boundary of the District. The City Manager is directed to estimate the fair and reasonable cost of all incidental expenses, including all costs associated with the creation of the District, determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the District. SECTION 8. The City may accept advances of funds from any sources, including private persons or private entities, and is authorized and directed to use such funds for any authorized purpose, including any cost incurred by the City in creating the District. The City may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of Agenda Item No. 5 Page 5 of L-- the election on the levy of the Special Tax, if the proposal to levy such tax should fail, and to repay all of such funds advanced if the levy of the Special Tax shall be approved by the qualified electors of the District. SECTION 9. The City Clerk is hereby directed to publish a notice ( "Notice ") of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed District. Such Notice shall contain the text of this Resolution, state the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed District as provided in Section 53324 of the Act and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least 7 days prior to the date of the Hearing. SECTION 10. The voting procedure with respect to the establishment of the District and the imposition of the special tax shall be by hand delivered ballot election. PASSED, APPROVED AND ADOPTED this 22th day of May, 2007. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Michelle Soto, Deputy City Clerk City of Lake Elsinore Robert E. Magee, Mayor City of Lake Elsinore Agenda Item No._ Page 9 of APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Agenda Item No. - Page /6 of EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Agenda Item No. -- Page // of _L� CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Introduction Special taxes shall be annually levied on all Developed Residential Property and Developed Multi- Family Property (as hereinafter defined) in the City of Lake Elsinore Community Facilities District No. 2007 -1 (Law Enforcement, Fire and Paramedic Services) (the "District "), in accordance with the rate and method of apportionment of special taxes hereinafter set forth. All of the property within the District that is not Developed Residential or Developed Multi - Family Residential Property shall be exempt from the Maximum Annual Special Taxes of the District. Def nitions Assessor's Parcel. A parcel of land in the District designated and assigned a discrete identifying number on a map of the County Assessor of the County of Riverside. City. City of Lake Elsinore, California. Developed Multi - Family Property. Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding the Fiscal Year for the construction of a Unit that is located or shall be located within a building in which each individual Units has or shall have at least one common wall with another Unit. Developed Residential Property. All other Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding any Fiscal Year for the construction of a Unit that is not Developed Multi- family Property. Fiscal Year. The period beginning on July 1 and ending on the following June 30. Agenda Item No. Page /a of -/� Maximum Annual Special Taxes. The maximum annual special taxes levied within the District for any Fiscal Year. Unit. Each separate residential dwelling unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. Rate and Method of Apportionment of Maximum Annual Special Taxes As of July 1 of each Fiscal Year, commencing July 1, 2007, the City shall determine which of the Assessor's Parcels within the District constitute Developed Residential Property or Developed Multi- Family Property. Beginning in Fiscal Year 2007 -08, and all subsequent Fiscal Years, the City shall levy the Maximum Annual Special Taxes on each Assessor's Parcel of Developed Residential Property in the amount of $416 and on each Assessor's Parcel of Developed Multi - Family Property in the amount of $208 per Unit. The amount of Maximum Annual Special Taxes shall be increased annually by 2 %, commencing in Fiscal Year 2008 -09, and each Fiscal Year thereafter. Duration of the Maximum Annual Special Taxes The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law Enforcement, Fire and Paramedic Services are being provided within the District. The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure each levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government Code. Agenda Item No. - !�_2- Page /3 of PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No. 2007 -1 OF THE CITY OF LAKE ELSINORE (LAW ENFORCEMENT, FIRE, AND PARAMEDIC SERVICES) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SCALE: I '= 150' tom` PROJECT LLI SITE Y Q J EXCLUDING LOT 43 OF TRACT 33486 FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF LAKE ELSINORE THIS DAY OF 2007. CITY CLERK OF THE CITY OF LAKE ELSINORE I HEREBY CERTIFY THAT THE WTHIN MAP SHONTNG THE PROPOSED BOUNDARIES OF COMMUNITY FACIU TIES DISTRICT NO. 2007 -1 , CITY OF LAKE ELSINORE. COUNTY OF RIVERSIDE. STATE OF CALIFORNIA WAS APPROLED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE: AT A REGULARLY SCHEDULED MEETING THEREOF, HELD ON THE __._ DAY OF . 2007. BY ITS RESOLUTION No.. CJTY CLERK OF THE CITY OF LAKE ELSINORE FILED THIS _DAY OF 2007, AT THE HOUR � O'CLOCK_.M. IN fI00K____ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS PAGE NOS.�„_THROUGN_ AS INSTRUMENT NO. .,,.•^�'� IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. "Z- '�/ LARRY W WARD FEE S COUNTY OF RIVERSIDEERN- RECORDER �P c� REFERENCE THE RIVERSIDE COUNTY ASSESSOR'S MAPS FOR A DETAILED DESCRIPTION OF PARCEL LINES AND DOMEN90NS VICINITY MAP PROPOSED BOUNDAW MAP NO SCALE r LEGEND: DISTRICT BOUNDARY I LL Q Z LL c ■ LAj G � t-- 4 D W Q PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No. 2007 — OF THE CITY OF LAKE ELSINORE (LAW ENFORCEMENT, FIRE, AND PARAMEDIC SERVICES) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA r 1 r I 1 1 •rr� _ r ��Q 1 r 1 r I t / SCALES 1' -6000' CCU ENT DISTRICT OWNOARr FUTURE ANNEXATIONS ♦ r 1 i r FUTURE aaa • / 1 �.sti I 1 q Y. 0 ry V L Q 0 Q CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MAY 229 2007 SUBJECT: TIF FEE CREDIT AGREEMENT FOR TRANSPORTATION IMPROVEMENTS CONSTRUCTED IN CONNECTION WITH CENTEX HOMES RAMSGATE DEVELOPMENT BACKGROUND Section 16.74.120 of the Lake Elsinore Municipal Code provides that a developer may, in lieu of paying a city -wide development impact fee, enter into an agreement with the City to construct eligible public improvements that would be otherwise be paid for with the applicable fee. Centex Homes has received approval from the City to develop Tract 25476 with 290 residential dwelling units and Tract 25477 with 213 residential dwelling units. As a condition for obtaining these entitlements, Centex is required to construct several traffic improvements. DISCUSSION In order to satisfy these requirements, Centex has requested the City to enter into a fee credit agreement with respect to the City's Transportation Infrastructure Fee ( "TIF "). Several TIF eligible public improvements will be constructed as part of Centex's development. These improvements include Steele Valley Road, Wasson Canyon Road and Riverside Street and are estimated to cost $671,426.35. The City TIF obligation of the Tracts is $688,607.00 which exceeds the estimated cost of the improvements in the amount of $17,180.65. . PAS REPORT TO CITY COUNCIL MAY 229 2007 PAGE 2 Developer will be responsible for payment of the balance of the TIF obligation. The requested TIF credit is set forth in the "Street Improvement Reimbursement Agreement" attached for your review and consideration. The list of eligible projects is attached to that agreement as Exhibit "B ". The TIF credit agreement is based on completed discrete components of the eligible public improvements as approved by the Director of Public Works /City Engineer. FISCAL IMPACT There is no fiscal impact to the City. The agreement provides for actual construction of eligible public improvements in lieu of payment of fees. RECOMMENDATION Approve the attached Street Improvement Reimbursement Agreement and authorize the Mayor to execute the agreement, subject to any modification by the Director of Public Works /City Engineer and as approved by the City Attorney. S PREPARED BY: KEN SEUMALO, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER APPROVED FOR AGENDA BY: Z7:�-4�d MANAGER'S OFFIft Q4 2 STREET IMPROVEMENT REIMBURSEMENT AGREEMENT THIS STREET IMPROVEMENT REIMBURSEMENT AGREEMENT (this "Agreement "), entered into this day of , 2007, between the CITY OF LAKE ELSINORE, a municipal corporation, hereinafter referred to as the "City," and CENTEX HOMES, a Nevada general partnership, hereinafter referred to as the "Developer." RECITALS A. Developer is the owner and developer of property located within the City, which property has received development approvals from the City including Tentative Tract Nos. 25476 and 25477, ( "Tract Maps ") as shown on Exhibit "A," attached hereto and incorporated herein by this reference (the "Property" or the "Tract(s) "). B. As a condition of the development approvals for the Property, including the Tract Map approvals, the Developer is required to construct certain public improvements, including without limitation, certain street improvements including Steele Valley Road, Wasson Canyon Road and Riverside Street (the "Improvements "); the estimated cost of the Improvements are set forth on Exhibit "B ", which is attached hereto and incorporated herein. C. The Developer intends to develop Tract No. 25476 with 290 residential dwelling units and Tract No. 25477 with 213 residential dwelling units. D. City Ordinance No. 1081 adding Chapter 16.74 to the Lake Elsinore Municipal Code establishes a Traffic Infrastructure Fee to be paid prior to the issuance of a building permit for a residential dwelling unit for the City's arterial and collector street system ( "TIF "), and Section 16.74.120 establishes a mechanism for Developer to construct and install eligible public capital street improvements as consideration for all or a part of its TIF obligation. E. The Developer has requested that City enter into an agreement by the terms of which it can be reimbursed or receive credit from the TIFs that the City has collected or will collect in the future for the costs of that potion of the Improvements eligible within the TIF network as specified in the Traffic Fee Study as amended, which costs shall not exceed the amount specified in Exhibit "B" (the "Reimbursement Amount "). AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, and the mutual promises contained herein, it is agreed as follows: Section 1. Purpose of the Agreement. Following execution of this Agreement, the Developer shall cause the Improvements to be designed, engineered and constructed and the City shall pay or credit the Developer the Reimbursement Amount consistent with Section 5. Section 2. Preparation and Approval of Plans and Specifications. The Developer has or shall cause plans and specifications (the "Plans ") for the Improvements to be prepared at Developer's sole cost and expense. The Developer shall submit the Plans to the City Engineer for review and consideration and shall obtain City approval and all other necessary permits and ACZ- VV '9 I it Et,; L l6 �ailF ..a:e�sn.�w PACE-2— GF- approvals in accordance with Section 7 of this Agreement prior to commencement of construction of the Improvements. Section 3. Duty of Developer to Construct. The Developer shall construct or cause the Improvements to be constructed in accordance with the Plans as approved by the City Engineer and in accordance with all permits and approvals and all applicable local, state and federal laws and regulations, including without limitation, the construction requirements set forth in Section 6 of this Agreement. The Developer shall commence construction of the Improvements within six months of the approval of the Plans by the City Engineer and shall diligently pursue the completion of the Improvements. The Developer shall perform all of its obligations hereunder and shall conduct all operations with respect to the construction of the Improvements in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing commercially reasonable efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The Developer shall not be relieved of its obligation to construct the Improvements and cause title to the Improvements to be conveyed to the City even if the Reimbursement Amount is less than the actual cost of the Improvements. Notwithstanding the foregoing, nothing set forth in this Agreement shall be construed to require the Developer to perform any work requiring a contractor's license, nor shall the Developer be deemed to be performing construction services pursuant to this Agreement. Section 4. Acquisition of City Facilities. The Developer hereby agrees to convey to the City and the City hereby agrees to accept the Improvements and to pay to the Developer the Reimbursement Amount for the Improvements, subject to the terms and conditions hereof. The Reimbursement Amount is to be paid solely from the TIFs collected or to be collected by the City and designated for the cost of construction of the Improvements and the City shall not be obligated to pay the Reimbursement Amount except from amounts held by the City for such purposes. Section 5. Payment of the Reimbursement Amount. The Developer acknowledges that as of the date of this Agreement the TIF obligation of the Tracts is $688,607.00. This obligation total exceeds the estimated cost of the Improvements set forth in "Exhibit B ": The combined engineer's estimate is $671,426.35. The City Engineer shall determine the portion of such estimated costs eligible for reimbursement based upon Technical Amendment No. 7 to the Traffic Impact Fee Study and shall provide written notification to the Developer of such determination. The Developer acknowledges that the Reimbursement Amount paid pursuant to this Agreement shall not exceed the amount eligible under the TIF network as specified in Technical Amendment No. 7 to the Traffic Impact Fee Study; provided, however, the parties agree that the dollar amount of any TIF Credit to be earned by the Developer pursuant to this Agreement ( "TIF Credit ") will be determined by the fee schedule and TIF authorized budget for such Improvement in place at the time the City Engineer accepts the Improvements into the City's maintained system. The Developer further acknowledges that this Agreement does not serve to estop the City from making further adjustments to the TIF, consistent with State law. Finally, the Developer acknowledges that the City Council may consider adjustments to the TIF. -2- PAC OF—I (a) Upon recordation of a Notice of Completion for the Improvements and acceptance of the Improvements by the City Engineer, the Developer shall submit a billing to the City Engineer requesting determination of the actual cost of the Improvements and the TIF Credit ( "Payment Request "). The dollar amount of the earned TIF Credit shall equal the lesser of (i) the actual cost incurred by the Developer in constructing that portion of the Improvements within the TIF network, or (ii) the estimated costs stated in Exhibit `B," as may be amended pursuant to Section 8 of this Agreement. The Developer shall supply all documentation requested by the City Engineer in determining the actual construction cost of the Improvements. The City Engineer shall use commercially reasonable efforts to determine the amount of the earned TIF Credit within thirty (30) calendar days of receipt of the bill submitted by the Developer. (b) The City Engineer will provide the Developer written notice (the "Credit Notice "), of the dollar amount of the earned TIF Credit. If the dollar amount of the earned TIF Credit exceeds the dollar amount of the TIF that would otherwise be due from the Developer (the "Fee Credit Excess "), the City Engineer will identify in the Notice that the TIF Credit Excess will generate either: (i) a cash reimbursement to the Developer, or (ii) an earned TIF Credit to offset the City TIF required on another approved tract or parcel map to be developed by the Developer. Once completed, the Credit Notice is to be executed and dated by the City Engineer and the Developer. (c) If the dollar amount of the earned TIF Credit is less than the City TIF that would be due from the Developer, the Credit Notice will so note. The amount of TIF Credit to be applied with each City TIF payment on either a per unit or per acre basis will be identified. (d) If one or more building permits are issued by City to Developer prior to the date the City Engineer accepts the Improvements and prepares the Credit Notice, then the Developer shall pay the full City TIF for each permit issued, and upon acceptance of the Improvements by the City Engineer, the City Engineer will note on the Credit Notice the full City TIF paid to date of acceptance and make the appropriate adjustment for the application of the earned TIF Credit consistent with subsection (b) above. Section 6. Construction Requirements. (a) The Developer shall require, and the specifications and contract documents shall require all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such individuals or entities are engaged to perform work on the Improvements, to pay at least general prevailing wage rates to all workers employed in the execution of the contract, to post a copy of the general prevailing wage rates at the job -site in a conspicuous place available to all employees and applicants for employment, and to otherwise comply with applicable provisions of the California Labor Code, the California Government Code and the California Public Contracts Code relating to general prevailing wage rates as required by the specifications approved by the City Engineer. (b) The Developer shall require each contractor, subcontractor, vendor, equipment operator and owner operator, in each such case to the extent such individual or entity is engaged to perform work on the Improvements, to provide proof of insurance coverage satisfying the requirements of Section 1 I hereof throughout the term of the construction of the Improvements. -3- PAGE Rather than requiring its contractors to provide such insurance, the Developer may elect to provide the same for the benefit of its contractors. (c) The Developer shall comply, and shall cause each contractor, subcontractor, vendor, equipment operator and owner operator, in each such case to the extent such individual or entity is engaged to perform work on the Improvements, to comply with such other requirements relating to the construction of the Improvements as the City may impose by written notification delivered to the Developer, to the extent legally required as a result of changes in applicable federal, state or City laws, rules or procedures. (d) The Developer shall require, and the specifications and bid and contract documents shall require, all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such individuals or entities are engaged to perform work on the Improvements, to submit certified weekly payroll records to the City Engineer promptly upon request. The Developer shall provide proof to the City Engineer, at such intervals and in such form as the City Engineer may require, that the foregoing requirements have been satisfied as to the Improvements. Section 7. Licenses and Permits. The Developer shall have secured (or shall have caused to be secured) any and all permits which may be required by the City or any other governmental agency affected by the construction of the Improvements. The Developer shall be responsible for paying all applicable fees and charges to the City to obtain any land use entitlements and permits which are necessary to construct the Improvements. Section 8. Modifications to the Estimated Cost Stated in Exhibit "B ". If during the course of construction of the Improvements, the Developer is presented with a change order or set of change orders that would increase the construction cost beyond 15 %, then the Developer must receive the approval of the City Engineer before approving the change order(s). In no instance shall the total construction costs, including any change orders, exceed the estimated costs shown in Exhibit `B" without a formal amendment to this Agreement. Upon approving the change order, the City Engineer will cause a formal amendment to this Agreement to be prepared, if necessary, for presentation to the City Council. Failure to comply with this provision will result in the City not reimbursing or crediting the Developer for any change orders. Section 9. Inspection; Completion of Construction. The City Engineer shall have responsibility for providing inspection of the work of construction of the Improvements to insure that the work of construction is accomplished in accordance with the Plans approved by the City Engineer. City personnel shall have access to the site of the work construction at all reasonable times for the purpose of accomplishing such inspection. No later than ten business days after receiving notification from the City that the Improvements have been constructed in accordance with the Plans, the Developer shall forthwith file with the Lake Elsinore City Clerk a Notice of Completion pursuant to the provisions of Section 3093 of the California Civil Code. -4- AGENDA ITEM t:C.K�. N' PAGE. 6.e OF— 1 — Section 10. Maintenance of Facilities; Warranties. The Developer shall maintain the Improvements in good and safe condition until their acceptance by the City. Prior to the acceptance of the Improvements, the Developer shall be responsible for maintaining the Improvements in proper operating condition, and shall perform such maintenance as the City Engineer reasonably determines to be necessary. As of the date of acceptance of the Improvements, the Developer shall assign to the City all of the Developer's rights in any warranties, guarantees, maintenance obligations or other evidence of contingent obligations of third persons with respect to the Improvements. Section 11. Insurance Requirements. Without limiting or diminishing the Developer's obligation to indemnify or hold the City harmless, the Developer shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages during the term of this Agreement. (i) Commercial General Liability: Developer shall maintain Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations, explosion, collages, use of cranes, and other heavy equipment and underground hazards, personal and advertising injury covering claims which may arise from or out of Developer's performance of its obligations hereunder ( "Policy "). The Policy shall name by endorsement the City and its special districts, respective directors, officers, Board of Supervisors, elected officials, employees, agents or representatives as Additional Insureds. The Policy's limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance Policy contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. (ii) Vehicle Liability: Developer shall maintain liability insurance for all owned, non -owned or hired vehicles in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name by endorsement the City, its special districts, their respective directors, officers, Board of Supervisors, elected officials, employees, agents or representatives as Additional Insureds. (iii) Worker's Compensation Insurance: Developer shall maintain Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Section 12. Ownership of Facilities. Notwithstanding the fact that a portion or all of the Improvements may be constructed in dedicated rights -of -way or on property that has been or will be dedicated to the City, the Improvements shall be and remain the property of the Developer until acceptable title thereto is conveyed to the City as provided herein. Such ownership by the Developer shall likewise not be affected by any agreement that the Developer may have entered into or may enter into with the City pursuant to the provisions of the Subdivision Map Act, Section 66410 et seq. of the Code, and the provisions of this Section shall control. Section 13. Representations, Warranties and Covenants of the Developer. The Developer makes the following representations, warranties and covenants for the benefit of the City, as of the date hereof and as of the date of the Payment Request is delivered to the City hereunder: -5- AGENDA ITEM NO. 4.. — PAOE�. ® = (a) Organization. The Developer represents and warrants that the Developer is a Nevada general partnership duly organized and validly existing under the laws of the State of California, is in good standing under the laws of the State, and has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated. (b) Authority. The Developer represents and warrants that the Developer has the power and authority to enter into this Agreement, and has taken all action necessary to cause this Agreement to be executed and delivered, and this Agreement has been duly and validly executed and delivered on behalf of the Developer. (c) Binding Obligation. The Developer represents and warrants that this Agreement is a valid and binding obligation of the Developer and is enforceable against the Developer in accordance with its terms, subject to bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general equity principles. (d) Completion of Improvements. The Developer covenants that it will use its reasonable and diligent efforts to do all things that may be lawfully required of it in order to cause the Improvements to be completed in accordance with this Agreement. (e) Compliance with Laws. The Developer covenants that, while the Improvements are owned by the Developer or required pursuant to this Agreement to be maintained by the Developer, it will not commit, suffer or permit any of its agents, employees or contractors to commit any act to be done in, upon or to the Improvements in violation in any material respect of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting the Property or the Improvements. (f) Payment Requests. The Developer represents and warrants that it will diligently follow all procedures set forth in this Agreement with respect to Payment Requests. (g) Financial Records. Until the final acceptance of the Improvements, the Developer covenants to maintain proper books of record and account for the Improvements and all costs related thereto. The Developer covenants that such accounting books will be maintained in accordance with generally accepted accounting principles, and will be available for inspection by the City and the City Engineer, at any reasonable time during regular business hours on two business days' prior written notice, subject to mutually acceptable arrangements regarding the confidentiality of proprietary data. (h) Permits. The Developer covenants that it will obtain all governmental or other permits required to proceed with the construction of the Improvements and that it will pay all fees relating thereto. The Developer and the City mutually represent and warrant to each other that to their actual knowledge, as of the date hereof, there is no material legal impediment to the Developer's proceeding with and completing the construction of the Improvements or to the development of the Property as contemplated by the Developer. I on AGENDA ITEM It'O. PAQE g OF `± (i) Environmental Matters. The Developer represents and warrants that it has complied with, has caused compliance with, or will cause compliance with, the California Environmental Quality Act ( "CEQA ") as required for the construction of the Improvements and its conveyance to the City. Section 14. Representations, Warranties and Covenants of City. City makes the following representations, warranties and covenants for the benefit of the Developer: (a) Authority. City represents and warrants that City has the power and authority to enter into this Agreement, and has taken all action necessary to cause this Agreement to be executed and delivered, and this Agreement has been duly and validly executed and delivered on behalf of the City. (b) Binding Obligation. City represents and warrants that this Agreement is a valid and binding obligation of City and is enforceable against City in accordance with its terms, subject to bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general equity principles. (c) Completion of the Improvements. The City covenants that it will use its reasonable and diligent efforts to expeditiously take all actions that may be lawfully required of it in issuing permits, processing and approving plans and specifications and inspecting the Improvements in accordance with this Agreement. (d) Payment Requests. City represents and warrants that it will diligently follow all procedures set forth in this Agreement with respect to each payment request and payment of the Reimbursement Amount. Section 15. Indemnification. The Developer agrees to protect, indemnify, defend and hold the City, and its respective officers, employees and agents, and each of them, harmless from and against any and all claims, losses, expenses, suits, actions, decrees, judgments, awards, attorney's fees, and court costs which the City, or its respective officers, employees and agents, or any combination thereof, may suffer or which may be sought against or recovered or obtained from the City, or its respective officers, employees or agents, or any combination thereof, as a result of or by reason of or arising out of or in consequence of (a) the acquisition, construction, or installation of the Improvements; (b) the untruth or inaccuracy of any representation or warranty made by the Developer in this Agreement or in any certifications delivered by the Developer hereunder; or (c) any act or omission of the Developer or any of its subcontractors, or their respective officers, employees or agents, in connection with the Improvements. If the Developer fails to do so, the City shall have the right, but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including any attorneys' fees or court costs, to and recover the same from the Developer. The parties acknowledge and agree that the Developer shall be released from the indemnity obligation set forth herein upon the acceptance of the Improvements by the City. Section 16. Developer as a Private Developer. In performing under this Agreement, it is mutually understood that the Developer is acting as a private developer, and not as an agent of the City. The City shall have no responsibility for payment to any contractor, subcontractor or supplier -7- of the Developer. Accordingly, this Agreement does not constitute a debt or liability of the City. Other than as provided in Section 5, the City shall not be obligated to advance any of its own funds or any other costs incurred in connection with the Project. No member, official or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Agreement. Section 17. Other Agreements. Nothing contained herein shall be construed as affecting the City's or the Developer's respective duty to perform its respective obligations under other agreements, land use regulations or subdivision requirements relating to the development of the Property, which obligations are and shall remain independent of the Developer's rights and obligations, and the City's rights and obligations, under this Agreement; provided, however, that the Developer shall use its reasonable and diligent efforts to perform each and every covenant to be performed by it under any lien or encumbrance, instrument, declaration, covenant, condition, restriction, license, order, or other agreement, the nonperformance of which could reasonably be expected to materially and adversely affect the acquisition, construction and installation of the Improvements. Section 18. Binding on Successors and Assigns. Neither this Agreement nor the duties and obligations of the Developer hereunder may be assigned to any person or legal entity other than an affiliate of the Developer without the written consent of the City, which consent shall not be unreasonably withheld or delayed. Neither this Agreement nor the duties and obligations of the City hereunder may be assigned to any person or legal entity, without the written consent of the Developer, which consent shall not be unreasonably withheld or delayed. The agreements and covenants included herein shall be binding on and inure to the benefit of any partners, permitted assigns, and successors -in- interest of the parties hereto. Section 19. Amendments. This Agreement can only be amended by an instrument in writing executed and delivered by the City and the Developer. Section 20. Waivers. No waiver of, or consent with respect to, any provision of this Agreement by a party hereto shall in any event be effective unless the same shall be in writing and signed by such party, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which it was given. Section 21. No Third Party Beneficiaries. No person or entity, other than the City, shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City and the Developer (and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement. Section 22. Notices. Any written notice, statement, demand, consent approval, authorization, offer, designation, request or other communication to be given hereunder shall be given to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other party in writing from time to time, namely: in PAGE –LO— 0'-7--11.1+–!--- Developer: Centex Homes Attn: Chris Holmquist 1265 Corona Pointe Court Corona, CA 92879 Facsimile: (951) 372 -2819 City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92539 Facsimile: (951) 674 -2392 Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic communication, whether by telex, telegram or telecopy, upon the sender's receipt of an appropriate answerback or other written acknowledgment, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any other means, upon delivery at the address specified in this Section. Section 23. Jurisdiction and Venue. City and the Developer (a) agrees that any suit action or other legal proceeding arising out of or relating to this Agreement shall be brought in state or local court in the County of Riverside or in the Courts of the United States of America in the district in which the City is located, (b) consents to the jurisdiction of each such court in any suit, action or proceeding, and (c) waives any objection that it may have to the laying of venue or any suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Each of the City and the Developer agrees that a final and non - appealable judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Section 24. Attorneys' Fees. If any action is instituted to interpret or enforce any of the provisions of this Agreement, the prevailing party in such action shall be entitled to recover from the other party thereto reasonable attorney's fees and costs of such suit (including both prejudgment and post judgment fees and costs) as determined by the court as part of the judgment. Section 25. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. Section 26. Usase of Words. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. Section 27. Counteruarts. This Agreement may be executed in counterparts, each of which shall be deemed an original. W2 AGEMA 1TEN2 N`­:% ,s,, IN WITNESS WHEREOF, the parties have executed this Street Improvement Reimbursement Agreement as of the respective dates set forth below. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Dated: , 2007 By: ATTEST: CITY CLERK By: Michelle Soto, Deputy City Clerk APPROVED AS TO FORM: LEIBOLD McCLENDON & MANN, P.C. By: Barbara Zeid Leibold, City Attorney Mayor "DEVELOPER" CENTEX HOMES, a Nevada general partnership Dated: , 2007 By: -10- David Hahn, Division President AGENDA ITEkn i'Ll \AL 1 \LAL bJ� /V ♦X bJ�/ / CITY COUNCIL PA(3E I3 OFF ,'t —Bus map prepared by: ;. CITY OF LAKE ELSINORE City of Lake Elsinore Engineering Division May 22, 2007 April, 2007 Data Sources: County of Riverside GIS City of Lake Elsinore GIS EXHIBIT A Stateplane NAD 83 H z w w W Q H z w w U m W F- z w 2 w O Ix a W w H N r` LO LO N 0 Z Q co N (n H 1- Z O z Q U W N O Of F z O Q z W m w m W w Q H W N O U EXHIBIT B tO M t0 tD 69 AGEMA ITEM tm. PAOEIfOF 4 - — W 1,- LA It ,.1- 00 t0 ) O O O O O N n N � O to w OI�t tO ONN(O N to CO M(D It w 7�tM���cO w J Q O> � 11-00 O 0 (A It LO O O O - 't (n c n M LO 00 N (D — 00 n r to O w 0 M w o CO — 0) O 'It O w 0) It m It O O o — .- N 00 .-- N 00 fl- N c- V L I O O pl� dt t0 ,I: Ili 00 (A (T (O OC C> (i CD M M to Iq t(i O LOdtto —O) It .--t0 CV) 0OMMMNet M t cttO 00) 0 M. -04 tiN NM a OLO.--(DNtC)N — — — CM Mr N r c- N 661 61i 6> bi Q9.69 Q9.64 64 6)� 6> U9.64 61).6q 69. 69 691 Esi 69 6 . 6) 69. 63, 69, U3, 61% w h M O to o l(� CM O t o LO — M o" o IO — co O ct o U - r d' O O N LO LCD 0 0 — N (() X 0 0 — N Ln (a7 0 CD O O a O N o o � O O N 00 O O N o o r- O O N a z 64 63 69 6i 64 69 69 63 69 6+ 69 69 69 61). 64 69 64 69 69 McM Cl) M r- h I­ r- O 00000(D CM Cl) M M CM 1` (D(D(D(D(D(0 C O O O O CA — — — — — O (D co CD co (D 'IT r- (O N N N N N M N N N N Nlll 1` P, P- ti 1` F- Z M M M M tO ti t- ti r- I- N M 00 CIO CID o— to (D (D (D (D N d' It It r N N N N N ti f` ti t- r­ r- ti Q N r r O w Of LL LL LL LL~ LL LL LL LL LL ~ LL LL LL LLLL ~ LL LL LLLLLL ~ =Q (n(n(n(na (n(n(ntn(nC) U) U)(n(na (ntn(nU)U) CL w O O O O O > > > O U U U U co Q O co ca Q ca Q QW CV U"t W i_ U cq W U g- of o to w w- o U) ly 0 to 0 zo D J Oo0Q D J D J o0Q J oQ y(;OQ ~OQ Z 100<Z Z OQZ OZ W O\ \ OW ~ O - — Yw J �woU') N ,wOM O(") -Cl) m LL 0 N cr) LL O N m LL O N m 6 LL = J m O== = = QHUFa- J LL'HUtQ J J O W to - a W In HUH W (n HH= W to J w w Q Z } Q W Q Z } W Q Z } W Z_ O } Z- U O- U W O- U m U >_ _jW WIC;<<w QwQi�Q.Jw U 1- U % F - WOQdQ� in Q W Z V<Q_0- - J W Z aQa a¢��- 0 W Z oQaaU�� Z (� W Z DQaQ0 zJaa- (7Z >JILIL - CDZ Ja- IZQ(.9 Z OJa- QCDZ ()LLOU Wm(ntn0LLOU WmtnU) — LL WmU)C14 U_ ym(/) U) Ui 3: N LO N tO M t0 tD 69 AGEMA ITEM tm. PAOEIfOF 4 - CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MAY 229 2007 SUBJECT: PUBLIC HEARING - RESOLUTION DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES); CALL A SPECIAL ELECTION; CANVAS ELECTION RESULTS; AUTHORIZING LEVY OF SPECIAL TAXES FOR CFD 2003 -1 ANNEXATION AREA NO. 23 (LA LAGUNA PHASES 4 & 5) BACKGROUND On August 12, 2003 the City Council approved Resolution 2003 -37 establishing Community Facilities District No. 2003 -1 (Law Enforcement, Fire, and paramedic Services). The district levies a special tax for public safety costs above what already exist in the district. The City is requiring undeveloped parcels within the City that are developed with more than four residential dwelling units to be annexed into the service district. On April 10, 2007, the City Council adopted a resolution of intention to annex the La Laguna Phases 4 & 5 development into CFD 2003 -1 and to authorize the levy of a special tax within the district to help finance a portion of the law enforcement, fire and paramedic services associated with new single family residential development. Agenda Item No. �= Page —/— of REPORT TO CITY COUNCIL MAY 229 2007 PAGE 2 DISCUSSION A special tax will be levied in the amount of $318.36 per single family dwelling unit for fiscal year 2007 -08. The amount of the special tax assessment maximum increases two percent annually. The La Laguna Phase 4 & 5 project will add 199 single family dwelling units to the existing district boundary and generate about $63,353.64 annually once all the homes are built. The map of the proposed boundary is attached. FISCAL IMPACT The cost of law enforcement and fire services is approximately $750 per single - family dwelling unit. For each dwelling unit, only about $100 to $150 of property tax dollars will be generated. Property tax and other revenues that will be generated from the residents are not sufficient to fund the cost of public safety services and therefore the CFD 2003 -1 special tax levy of $318.36 will assist the funding of the increased public safety service where the property tax is deficient. RECOMMENDATION This is an advertised Public Hearing. The following is recommended to the City Council: 1. Open the Public Hearing and take testimony 2. By motion, adopt Resolution No. 2007 — -Z determining the validity of prior proceedings 3. Adopt Resolution No. 2007 — `1 a calling a special election 4. Adopt Resolution No. 2007 — ordering canvassing of the election results 5. Conduct first reading of the Ordinance No. a� J2) authorizing the levy of special tax. Agenda Item No. 2!2L Page C;2' of REPORT TO CITY COUNCIL MAY 229 2007 PAGE 3 PREPARED BY: APPROVED FOR AGENDA BY: MATT N. PRESSEY DIRECTOR OF AD? MANAGER'S O CE TIVE SERVICES Agenda Item No. (2J2- Page .3 of /6 PROPOSED BOUNDARY OF ANNEXATION NO. 23 TO COMMUNITY FACILITIES DISTRICT No. 2003 -1 OF THE CITY OF LAKE ELSINORE (LAW ENFORCEMENT, FIRE, AND PARAMEDIC SERVICES) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT 32337 -2 APN: 391 -810 -007 SCALE: 1'= 250' LEGEND: VICINITY MAP NO SCALE DISTRICT BOUNDARY t tcATEWq y TRACT 32337 -1 c C O q0 q0 / APN: 391- 840 -001 to —019 391 -841 -001 to —010 391- 842 -001 to —023 391 -850 -001 to —040 391 - 851 —GOI to —005 FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY Or LAKE ELSINORE THIS OAY OF 2007 CITY CLERK OF THE CITY OF LAKE ELSINORE I HEREBY CERTIFY THAT THE VA74N MAP SHOWNG THE PROPOSED BOUNDARIES OF ANNEXATION Na 23 TO COMMUNITY FACILITIES DISTRICT NO. 2003 -1 , CITY OF LAKE ELSINORE. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AT A REODLARLY SCHEDUL ED MEETING THEREOF, HELD ON THE - DAY OF - 2007. BY ITS RESOLUTION N0. CITY CLERK OF THE CITY OF LAKE ELSINORE FILED THIS _ DAY OF 2007. AT THE HOUR OF O'CLOCK_ M.1N BOOK OF MAPS OF ASSESSMENT AND COMMMTY FACILITIES DISTRICTS PAGE NOS-THROUGH T AS INSTRUMENT NO. IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. FEE $ LARRY W. WARD ASSESSOR - COUNTY CLERK - RECORDER COUNTY OF RIVERSIDE REFERENCE THE RIVERSIDE COUNTY ASSESSOR'S MAPS FOR A DETAILED OESCRIPTION OF PARCEL LINES AND DIMENSIONS �I Lt. O Z LU Lu L Q Z W tf' Q RESOLUTION NO. 2007-_ -I I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) WHEREAS, a copy of Resolution No. 2007 -46, incorporating a description and map of the proposed boundaries of Annexation Area No. 23 (La Laguna Phases 4 & 5) ( "Annexation Area No. 23 ") and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 23, which will be used to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 23 prior to the annexation of Annexation Area No. 23 to the District and do not supplant services already available within the territory of proposed to be included in Annexation Area No. 23, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, Resolution No. 2007 -46 set May 22, 2007 as the date of the public hearing on the annexation of Annexation Area No. 23 to the District and this Council held the said public hearing as required by law; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 23 to the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearing is fully advised in the premises. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to Section 53325.1(b) of the Government Code, the Council finds and determines that the proceedings prior hereto were valid and in conformity with the requirements of the Act. Agenda Item No. 21- Page 5' of ' o CITY COUNCIL RESOLUTION NO. 2007- Page 2 of 4 SECTION 2. Annexation Area No. 23 is hereby annexed into the District. SECTION 3. The description and map of the boundaries of Annexation Area No. 23 on file in the City Clerk's office and as described in said Resolution No. 2007 -46 and incorporated herein by reference, shall be the boundaries of Annexation Area No. 23. The map of the proposed boundaries of Annexation Area No. 23 has been recorded in the Office of the County Recorder of Riverside County, California in Book 70, Page 83 of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number 2007 - 0275893). SECTION 4. Except where funds are otherwise available, there shall be levied annually in accordance with procedures contained in the Act, a special tax sufficient to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 23 prior to the annexation thereof to the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 23 and other costs, including but not limited to all costs of the tax levy. The rate and method of apportionment of the special tax and manner of collection is described in detail in Exhibit "A" attached hereto and incorporated herein by this reference. The special tax shall be utilized to pay for authorized services and administrative expenses and to fund and replenish any reserve fund established for Annexation Area No. 23. SECTION 5. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in Annexation Area No. 23, and this lien shall continue in force and effect until the special tax obligation is prepaid or otherwise permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the City ceases. SECTION 6. The Council finds that the proposed public services are necessary to meet the increased demand put upon the City as a result of the development within Annexation Area No. 23. SECTION 7. The Council finds that there is not an ad valorem property tax currently being levied on property within Annexation Area No. 23 for the exclusive purpose of financing law enforcement, fire and paramedic services. SECTION 8. Written protests against annexation of Annexation Area No. 23, or against the furnishing of specified services or facilities or the levying of a Agenda Item No. Page & of ?� CITY COUNCIL RESOLUTION NO. 2007- Page 3 of 4 specified special tax within Annexation Area No. 23, have not been filed by fifty percent (50 %) or more of the registered voters or property owners of one -half (1/2) or more of the area of land within Annexation Area No. 23. SECTION 9. The Office of the City Manager, 130 South Main Street, Lake Elsinore, California 92530, (951) 674 -3124, or its designee, is designated to be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code. SECTION 10. The City Clerk is directed to certify and attest to this Resolution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the levy of the special tax, and the establishment of the appropriation limit. SECTION 11. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 22nd day of May, 2007, by the following vote. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Michelle Soto, Deputy City Clerk City of Lake Elsinore Robert E. Magee, Mayor City of Lake Elsinore Agenda Item No. Page 7 of /� CITY COUNCIL RESOLUTION NO. 2007- Page 4 of 4 APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Agenda Item No. - 2 0 _ Page 0 of 41) EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Agenda Item No. ��_ Page 9 of CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Introduction Special taxes shall be annually levied on all Developed Residential Property and Developed Multi - Family Property (as hereinafter defined) in the City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) (the "District "), in accordance with the rate and method of apportionment of special taxes hereinafter set forth. All of the property within the District that is not Developed Residential or Developed Multi- Family Residential Property shall be exempt from the Maximum Annual Special Taxes of the District. Definitions Assessor's Parcel. A parcel of land in the District designated and assigned a discrete identifying number on a map of the County Assessor of the County of Riverside. City. City of Lake Elsinore, California. Developed Multi - Family Property. Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding the Fiscal Year for the construction of a Unit that is located or shall be located within a building in which each individual Units has or shall have at least one common wall with another Unit. Developed Residential Property. All other Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding any Fiscal Year for the construction of a Unit that is not Developed Multi - family Property. Fiscal Year. The period beginning on July 1 and ending on the following June 30. Agenda Item No. Page 1D of l& Maximum Annual Special Taxes. The maximum annual special taxes levied within the District for any Fiscal Year. Unit. Each separate residential dwelling unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. Rate and Method of Apportionment of Maximum Annual Special Taxes As of July 1 of each Fiscal Year, commencing July 1, 2003, the City shall determine which of the Assessor's Parcels within the District constitute Developed Residential Property or Developed Multi - Family Property. Beginning in Fiscal Year 2003 -04, and all subsequent Fiscal Years, the City shall levy the Maximum Annual Special Taxes on each Assessor's Parcel of Developed Residential Property in the amount of $300 and on each Assessor's Parcel of Developed Multi - Family Property in the amount of $150 per Unit. The amount of Maximum Annual Special Taxes shall be increased annually by 2 %, commencing in Fiscal Year 2004 -05, and each Fiscal Year thereafter. Duration of the Maximum Annual Special Taxes The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law Enforcement, Fire and Paramedic Services are being provided within the District. The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure each levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government Code. Agenda Item No. Page `l of 7-ZtA NOTICE OF ADOPTION OF ORDINANCE NO. NOTICE IS HEREBY GIVEN that on May 22, 2007, at the Council Chambers of the City of Lake Elsinore, 183 North Main Street, Lake Elsinore, California 92530, the City Council of the City of Lake Elsinore, in its capacity as the legislative body of the City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services), held a public hearing and adopted Ordinance No. . A summary of Ordinance No. follows and is marked as Exhibit `B ". At said time and place the testimony of all interested persons or taxpayers for or against said ordinance was heard. Ordinance No. was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) Dated: , 2007 By Michelle Soto, Deputy City Clerk Agenda Item No. Page of ep RESOLUTION NO. 2007- `1 b RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION WHEREAS, the City Council (the "Council ") of the City of Lake Elsinore, California (the "City "), has heretofore adopted Resolution No. 2007 -46 stating its intention to annex certain property (Annexation Area No. 23 (La Laguna Phases 4 & 5) ( "Annexation Area No. 23 ")) into City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) (the "District ") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the "Act "); and WHEREAS, a copy of Resolution No. 2007 -46, incorporating a description and map of the proposed boundaries of Annexation Area No. 23 and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 23, which will be used to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 23 prior to the annexation of Annexation Area No. 23 into the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 23, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, on May 22, 2007, this Council held a noticed hearing as required by law relative to the proposed annexation of Annexation Area No. 23 into the District; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 23 into the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this Council on said matters before it, and this Council at the conclusion of said hearing was and is fully advised in the premises; and WHEREAS, this Council adopted its Resolution No. 2007 - determining the validity of prior proceedings relating to such annexation; and Agenda Item No. Page /3 of CITY COUNCIL RESOLUTION NO. 2007- Page 2 of 3 WHEREAS, the proposed special tax to be levied upon property within Annexation Area No. 23 to finance the above referenced public services has not been precluded by protest of the owners of one -half (1/2) or more of the area of land within Annexation Area No. 23, and WHEREAS, this Council wishes to present to the qualified electors of Annexation Area No. 23 a proposition to levy special taxes on property within each Annexation Area No. 23. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of Annexation Area No. 23 a proposition (the "Annexation Area No. 23 (La Laguna Phases 4 & 5) Proposition ") to levy special taxes on property within Annexation Area No. 23 in accordance with the rate and method specified in Resolution No. 2007— of the Council. The Annexation Area No. 23 (La Laguna Phases 4 & 5) Proposition is attached as Exhibit "A." SECTION 2. A special election is hereby called for Annexation Area No. 23 on the Annexation Area No. 23 (La Laguna Phases 4 & 5) Proposition set forth in Section 1 above. SECTION 3. The City Clerk shall hand deliver the ballot to the appropriate landowner immediately upon the adoption of this Resolution. SECTION 4. The date of the special election for Annexation Area No. 23 on the proposition shall be on the 22 °d day of May, 2007. The voter ballot shall be returned to the City Clerk at 130 South Main Street, Lake Elsinore, California 92530, no later than 7:00 o'clock p.m. on May 22, 2007. SECTION 5. The Council finds and determines that there were no registered voters residing within the territory of Annexation Area No. 23 at the time of the protest hearing and ninety (90) days prior thereto, and that there is only one landowner in Annexation Area No. 23. The requirements of Section 53326 of the Government Code having been waived by the respective landowner, the ballot Agenda Item No._ antl= Page / l of 4 6) CITY COUNCIL RESOLUTION NO. 2007-, Page 3 of 3 for the special election shall be personally delivered to the respective landowner within Annexation Area No. 23. SECTION 6. Each Annexation Area shall constitute a single election precinct for the purpose of holding said election. SECTION 7. The Council hereby directs that the election be conducted by the City Clerk of the City of Lake Elsinore, as the elections official. SECTION 8. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 22nd day of May, 2007, by the following vote. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Michelle Soto, Deputy City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Robert E. Magee, Mayor City of Lake Elsinore Agenda Item No. .12—a— Page 1-5- of OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) ANNEXATION AREA NO. 23 (LA LAGUNA PHASES 4 & 5) SPECIAL TAX ELECTION MAY 229 2007 To vote, mark a cross ( +) in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. This ballot is provided to K Hovnanian Forecast, as owner or authorized representative of such sole owner of land within Annexation Area No. 23 (La Laguna Phases 4 & 5) of City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) and represents 100% of the vote. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Lake Elsinore at 130 South Main Street, Lake Elsinore, California 92530. PROPOSITION Shall City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) be authorized to levy special taxes thereof pursuant to the rate and method of apportionment of special taxes (the "Special Tax Formula ") set forth in Resolution No. 2007 -46 to finance the authorized services and administrative expenses and to fund and replenish a reserve fund, if any, all as provided for in the Special Tax Formula? EXHIBIT "A" YES NO Agenda Item No. _ rD !�!--_ Page i6 of 46 RESOLUTION NO. 2007-. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO. 23 (LA LAGUNA PHASES 4 & 5) ANNEXED TO SAID DISTRICT WHEREAS, the City Council of the City of Lake Elsinore, California (the "Council ") has previously conducted proceedings pertaining to the annexation of certain property (Annexation Area No. 23 (La Laguna Phases 4 & 5) ( "Annexation Area No. 23 ")) into the City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) (the "District "), the rate and method of apportionment of a special tax to finance a portion of the cost of providing certain public services, and the calling of an election in regard to the foregoing; and WHEREAS, on May 22, 2007, an election was held within Annexation Area No. 23 regarding the rate and method of apportionment of the proposed special tax; and WHEREAS, at such election the proposal for the rate and method of apportionment and manner of collection of the special tax for Annexation Area No. 23 was approved by the qualified electors of Annexation Area No. 23, respectively. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. It is hereby determined that the election conducted within Annexation Area No. 23 was duly and validly conducted. SECTION 2. The Council, acting as the legislative body of the District, is authorized to levy the special tax on behalf of the District, as specified in Resolution No. 2007 — adopted by the City Council on May 22, 2007. Agenda Item No. 9-2 Page / _7 __ of CITY COUNCIL RESOLUTION NO. 2007- Page 2 of 2 SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 22nd day of May, 2007, by the following vote. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Michelle Soto, Deputy City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Robert E. Magee, Mayor City of Lake Elsinore Agenda Item No. _9r Page 11VV of 46 ORDINANCE NO. I a)3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 23 (LA LAGUNA PHASES 4 & 5) ANNEXED TO SAID DISTRICT WHEREAS, on April 10, 2007, the City Council (the "Council ") of the City of Lake Elsinore, California (the "City ") adopted Resolution No. 2007 -46 stating its intention to annex certain property (Annexation Area No. 23 (La Laguna Phases 4 & 5) ( "Annexation Area No. 23 ")) into City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) (the "District ") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the "Act "); and WHEREAS, notice was published as required by law relative to the intention of the Council to annex Annexation Area No. 23 into the District; and WHEREAS, on May 22, 2007 this Council held a noticed public hearing as required by law relative to the determination to proceed with the annexation of Annexation Area No. 23 into the District and the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 23 to finance certain public services; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 23 were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2007- determining the validity of prior proceedings relative to the annexation of Annexation Area No. 23, annexed Annexation Area No. 23 into the District and authorized the levy of a special tax within Annexation Area No. 23; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2007- which called an election within Annexation Area No. 23 for May 22, 2007 on the proposition of levying a special tax; and Agenda Item No. �_)12- Page A- of CITY COUNCIL ORDINANCE NO. Page 2 of 4 WHEREAS, on May 22, 2007 an election was held within each Annexation Area No. 23 in which the eligible electors approved by more than two - thirds vote the proposition of levying a special tax. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES ORDAIN AS FOLLOWS: SECTION 1. A special tax is levied within the boundaries of Annexation Area No. 23 pursuant to the formula set forth in Exhibit "A" attached hereto and incorporated by reference in an amount necessary to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 23 prior to the annexation of Annexation Area No. 23 into the District, periodic costs, and costs of the tax levy and collection. SECTION 2. This legislative body is hereby further authorized each year, by resolution adopted as provided in section 53340 of the Act, to determine the specific special tax rate and amount to be levied for the next fiscal year, except that the special tax rate to be levied shall not exceed the maximum rate set forth in Exhibit "A." SECTION 3. All of the collections of the special tax shall be used as provided for in the Act and Resolution No. 2007- of the Council. SECTION 4. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency and provided for ad valorem taxes. SECTION 5. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of the this ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the Agenda Item No.-- Page a D of JO CITY COUNCIL ORDINANCE NO. Page 3 of 4 adopted ordinance along with the names of the Council Members voting for and against the ordinance. SECTION 6. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 7. This ordinance relating to the levy of the special tax takes effect and shall be in force from and after thirty (30) days after the date of its final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer -Tax Collector of Riverside County. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this 22nd day of May, 2007, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: PASSED, APPROVED AND ADOPTED UPON SECOND READING this day of , 2007, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Agenda Item No. _9_h Page �� of '� CITY COUNCIL ORDINANCE NO. Page 4 of 4 ATTEST: Michelle Soto, Deputy City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Robert E. Magee, Mayor City of Lake Elsinore Agenda Item No. 2�2 Page -�� of 7w EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Agenda Item No. Page .23 of CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Introduction Special taxes shall be annually levied on all Developed Residential Property and Developed Multi- Family Property (as hereinafter defined) in the City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) (the "District "), in accordance with the rate and method of apportionment of special taxes hereinafter set forth. All of the property within the District that is not Developed Residential or Developed Multi- Family Residential Property shall be exempt from the Maximum Annual Special Taxes of the District. Definitions Assessor's Parcel. A parcel of land in the District designated and assigned a discrete identifying number on a map of the County Assessor of the County of Riverside. City. City of Lake Elsinore, California. Developed Multi - Family Property. Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding the Fiscal Year for the construction of a Unit that is located or shall be located within a building in which each individual Units has or shall have at least one common wall with another Unit. Developed Residential Property. All other Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding any Fiscal Year for the construction of a Unit that is not Developed Multi - family Property. Fiscal Year. The period beginning on July 1 and ending on the following June 30. Agenda Item No. -?—t Page -e v- of Maximum Annual Special Taxes. The maximum annual special taxes levied within the District for any Fiscal Year. Unit. Each separate residential dwelling unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. Rate and Method of Apportionment of Maximum Annual Special Taxes As of July 1 of each Fiscal Year, commencing July 1, 2003, the City shall determine which of the Assessor's Parcels within the District constitute Developed Residential Property or Developed Multi - Family Property. Beginning in Fiscal Year 2003 -04, and all subsequent Fiscal Years, the City shall levy the Maximum Annual Special Taxes on each Assessor's Parcel of Developed Residential Property in the amount of $300 and on each Assessor's Parcel of Developed Multi - Family Property in the amount of $150 per Unit. The amount of Maximum Annual Special Taxes shall be increased annually by 2 %, commencing in Fiscal Year 2004 -05, and each Fiscal Year thereafter. Duration of the Maximum Annual Special Taxes The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law Enforcement, Fire and Paramedic Services are being provided within the District. The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure each levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government Code. Agenda Item No. Page 0?s— of 4D NOTICE OF ADOPTION OF ORDINANCE NO. NOTICE IS HEREBY GIVEN that on May 22, 2007, at the Council Chambers of the City of Lake Elsinore, 183 North Main Street, Lake Elsinore, California 92530, the City Council of the City of Lake Elsinore, in its capacity as the legislative body of the City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services), held a public hearing and adopted Ordinance No. . A summary of Ordinance No. follows and is marked as Exhibit `B ". At said time and place the testimony of all interested persons or taxpayers for or against said ordinance was heard. Ordinance No. was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: CITY COUNCIL OF THE CITY OF LEGISLATIVE BODY OF THE CITY FACILITIES DISTRICT NO. 2003 -1 PARAMEDIC SERVICES) Dated: , 2007 By LAKE ELSINORE, ACTING AS THE OF LAKE ELSINORE COMMUNITY (LAW ENFORCEMENT, FIRE AND Michelle Soto, Deputy City Clerk Agenda Item No. Page -:�iv of 7'C) EXHIBIT B BEFORE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) IN THE MATTER OF Authorizing the Levy of a Special Tax Within Annexation Area No. 23 (La Laguna Phases 4 & 5) Annexed to City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) ORDINANCE NO. SUMMARY The ordinance authorizes levy of an annual special tax within Annexation Area No. 23 (La Laguna Phases 4 & 5) annexed to City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) (the "District "), collected in the same manner as ordinary ad valorem taxes, in an amount necessary to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 23 (La Laguna Phases 4 & 5) prior to the annexation of Annexation Area No. 23 (La Laguna Phases 4 & 5) to the District, which is necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within Annexation Area No. 23 (La Laguna Phases 4 & 5). DATED: , 2007 CITY OF LAKE ELSINORE By: Michelle Soto, Deputy City Clerk Agenda Item No. 2- Page 7 of Community Facilities District Report for Annexation No. 23 (La Laguna Phases 4 & 5) City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Prepared by: HHarris & Associates.. May 5, 2007 Agenda Item No. Pageo28 of Annexation No. 23 to the City of Lake Elsinore May 5, 2007 CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Page i COMMUNITY FACILITIES DISTRICT REPORT Table of Contents Introduction...................................................... ............................... Pg. ii Part I Description of District, Boundary Map ............................ Pg. 1 Part II Description of Services ..................... ............................... Pg. 2 Part III Cost Estimate ..................................... ............................... Pg. 3 Exhibit A — Rate and Method of Apportionment Exhibit B — Proposed Boundary Map Exhibit C — Property Owner List Agenda Item No. -2-2— � Page.,? / of 4D Q:\ELSINORE \CFD 2003 -1 O &M \CFD 2003- 1 \formation\reports\AGENDA ITEM - Report Annexation No 23 cfd 2003_1 Lake Elsinore.doc Annexation No. 23 to the City of Lake Elsinore May 5, 2007 CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Page ii COMMUNITY FACILITIES DISTRICT REPORT Introduction The City of Lake Elsinore desires to establish Annexation No. 23 to Community Facilities District No. 2003 -1 (the "District ") for the purpose of funding the ongoing operation and maintenance of law enforcement, fire and paramedic services. The City of Lake Elsinore has ordered the preparation of a report describing the proposed facilities to be financed by the District if it is formed. The proceedings will be conducted in accordance with the provisions of the "Mello -Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act "). The report is to be prepared by, or under the direction of, the City Manager and other such officers responsible for providing the facilities to be financed by the proposed District. The report is to be prepared in accordance with Section 53321.5 of the Act and shall include: a. A description of the public capital facilities and/or services, by type, which will be required to adequately meet the needs of the District. b. An estimate of the fair and reasonable cost of the construction and/or acquisition of the proposed facilities, including the cost of acquisition of lands, rights -of -way and easements, and any physical facilities required in conjunction therewith, and incidental expenses in connection with said acquisition, including the costs of proposed bond financing and all other related costs as provided in Section 53345.3 of the Act. I, Dennis A. Anderson, authorized representative of Harris & Associates, on behalf of the responsible officer(s) directed to prepare the report for said District, hereby submit the following report consisting of three (3) parts. Part I A description of the proposed District and a diagram of the proposed boundaries. Part II A description of the proposed services. Part III A cost estimate of the proposed services. Dennis A. Anderson Senior Project Manager / Associate Harris & Associates Agenda Item No. 22 Page of Q:\ELSINORE \CFD 2003 -1 O &M \CFD 2003- 1\formation\reports\AGENDA ITEM - Report Annexation No 23 cfd 2003_1 Lake Elsinore.doc Annexation No. 23 to the City of Lake Elsinore May 5, 2007 CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Page 1 COMMUNITY FACILITIES DISTRICT REPORT PART I Description of District, Boundary Map The proposed boundaries of Annexation No. 23 to the City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) are as depicted on the Boundary Map, on file in the office of the City Clerk. A reduced copy is provided in Exhibit `B ". The Assessor's parcels, shown below, define the District boundary. The description of each lot or parcel within the District is part of the records of the Assessor of the County of Riverside and these records are, by reference, made part of this Report. List of Assessor's Parcel Numbers (see Exhibit "C ") Future annexation areas, which coincide with the current boundaries of the City of Lake Elsinore and its sphere of influence, are also depicted on the Boundary Map. Agenda Item No. _9-0 Page ,3 / of Q:\ELSINORE \CFD 2003 -1 O &M \CFD 2003- 1 \formation\reports\AGENDA ITEM - Report Annexation No 23 cfd 2003_1 Lake Elsinore.doc Annexation No. 23 to the City of Lake Elsinore May 5, 2007 CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Page 2 COMMUNITY FACILITIES DISTRICT REPORT PART II Description of Services The cost of the Services shall include incidental expenses, including the costs associated with forming the District, determination of the amount of the Special Tax, collection of the Special Tax, costs incurred in order to carry out the authorized purposes of the District and any other expenses incidental to the completion and inspection of the authorized work. Services The services are the operation and maintenance of law enforcement, fire and paramedic services. Operation means the administration and performance of duties required of law enforcement, fire and paramedic personnel. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance and operation of law enforcement, fire and paramedic facilities and equipment. Agenda Item No. Page 3Z. of /D Q:\ELSINORE \CFD 2003 -1 O &M \CFD 2003- 1\formation\reports\AGENDA ITEM - Report Annexation No 23 cfd 2003_1 Lake Elsinore.doc Annexation No. 23 to the City of Lake Elsinore May 5, 2007 CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Page 3 COMMUNITY FACILITIES DISTRICT REPORT PART III Cost Estimate A cost estimate of the fair and reasonable cost of the proposed services and incidental expenses in connection with said services, including the cost of proposed financing and all other related costs is shown below: The costs to provide law enforcement, fire and paramedic services are estimated at $750 per single - family residence per year. Agenda Item No. -2—r7 Page —T'3 of 4D Q:\ELSINORE \CFD 2003 -1 O &M \CFD 2003- 1 \formation\reports\AGENDA ITEM - Report Annexation No 23 cfd 2003_1 Lake Elsinore.doc City of Lake Elsinore EXHIBIT "A" May 5, 2007 CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Page A -1 Rate and Method of Apportionment of Special Taxes City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Rate and Method of Apportionment of Special Tax Introduction Special taxes shall be annually levied on all Developed Residential Property and Developed Multi- Family Property (as hereinafter defined) in the City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) (the "District "), in accordance with the rate and method of apportionment of special taxes hereinafter set forth. All of the property within the District that is not Developed Residential or Developed Multi- Family Residential Property shall be exempt from the Maximum Annual Special Taxes of the District. Definitions Assessor's Parcel. A parcel of land in the District designated and assigned a discrete identifying number on a map of the County Assessor of the County of Riverside. City. City of Lake Elsinore, California. Developed Multi - Family Property. Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding the Fiscal Year for the construction of a Unit that is located or shall be located within a building in which each individual Units has or shall have at least one common wall with another Unit. Developed Residential Property. All other Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding any Fiscal Year for the construction of a Unit that is not Developed Multi- family Property. Fiscal Year. The period beginning on July 1 and ending on the following June 30. Maximum Annual Special Taxes. The maximum annual special taxes levied within the District for any Fiscal Year. Unit. Each separate residential dwelling unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. Rate and Method of Apportionment of Maximum Annual Special Taxes As of July 1 of each Fiscal Year, commencing July 1, 2003, the City shall determine which of the Assessor's Parcels within the District constitute Developed Residential Property or Developed Multi- Family Property. Beginning in Fiscal Year 2003 -04, and all subsequent Fiscal Years, the City Agenda Item No. �� Page -f of Q:\ELSINORE \CFD 2003 -1 O &M \CFD 2003 -1 \formation\reports\AGENDA ITEM - Report Annexation No 23 cfd 2003_1 Lake Elsinore.doc City of Lake Elsinore EXHIBIT "A" May 5, 2007 CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Page A -2 Rate and Method of Apportionment of Special Taxes shall levy the Maximum Annual Special Taxes on each Assessor's Parcel of Developed Residential Property in the amount of $300 and on each Assessor's Parcel of Developed Multi- Family Property in the amount of $150 per Unit. The amount of Maximum Annual Special Taxes shall be increased annually by 2 %, commencing in Fiscal Year 2004 -05, and each Fiscal Year thereafter. Duration of the Maximum Annual Special Taxes The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law Enforcement, Fire and Paramedic Services are being provided within the District. The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure each levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government Code. Agenda Item No. 4�1_— Page ,5s of Q:\ELSINORE \CFD 2003 -1 O &M \CFD 2003- 1 \formation\reportsWGENDA ITEM - Report Annexation No 23 cfd 2003_1 Lake Elsinore.doe Annexation No. 23 to the City of Lake Elsinore EXHIBIT "B" May 5, 2007 CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Page B -1 Proposed Boundary Map Agenda Item No. j2, 2_ Page of Q:\ELSINORE \CFD 2003 -1 O &M \CFD 2003- 1 \formation\reports\AGENDA ITEM - Report Annexation No 23 cfd 2003_1 Lake Elsinore.doc Annexation No. 23 to the City of Lake Elsinore EXHIBIT LLB" May 5, 2007 CFD No. 2003.1 (Law Enforcement, Fire and Paramedic Services) Page B -2 PROPOSED BOUNDARY OF ANNEXATION NO. 23 TO COMMUNITY FACILITIES DISTRICT No. 2003 -1 OF THE CITY OF LAKE ELSINORE (LAW ENFORCEMENT, FIRE, AND PARAMEDIC SERVICES) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SCALE: I -- 250' VICINITY YAP NO SCALE LEGEND: DISTRICT BOUNDARY FLED IN ME OFFICE OF THE CITY CXRK OF THE CITY OF LAKE ELSINORE -5 DAY OF _2001 ON CLERK OF THE OTY CF LAKE ELSINORE I HEREBY CERTIFY MAT ME MTHIN NAP SHOWNC THE III PDSED BDUNDARIES OF ANNEXATION W. 23 IO CLIMMUHITY FACIL.IIIES DISTRICT NO. 2OD3 -1 . ON OF LAKE ELSINORE, COUNTY OF RIVERSIDE. STATE OF CALIFORNIA WAS APPROVED BY THE ON COUNCIL OF THE CITY OF LANE ELSINORE: AT A REGULARLY SCHEDULED MEETMO THEREOF. HELD ON THE , DAY OF 2007- BY ITS RESOLUTION NR. CITY CLERK OF THE CITY Di LAKE ELSINORE FRED THIS _- DAY OF 2001. AT THE HOUR OF D'CLOCK_M. M BOOK_ a MAPS OF ASSESSMENT AND COMMUNITY FAOUTIES O15TRN:TS PACE N05._DIR000H_ AS INSTRUMENT NO. M THE OFFICE OF THE COUNTY RECORDER N THE COUNTY OF RIVERSIDE. STATE OF CALIFORNIA FEE LARRY W WARD ASSESSW -COUNTY CLERK - RECORDER COUNTY OF RIVERSIDE REFERENCE THE RIVERSIDE COUNTY ASSESSOR'S MAPS FDA A DETAILED DESCRWIICN OF PARCEL UNES AND D TENSIONS Agenda Item No. Page .3 7 of Q:\ELSINORE \CFD 2003 -1 O &M \CFD 2003- 1 \formation\reports\AGENDA ITEM - Report Annexation No 23 cfd 2003_1 Lake Elsinore.doc Annexation No. 23 to the City of Lake Elsinore EXHIBIT "C" CFD No. 2003.1 (Law Enforcement, Fire and Paramedic Services) Owner List Annexation No. 23 City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Property Owner List APN Owner Acreage 391 - 810 -007 K Hovnanian Forcast Homes 53.72 391 - 840 -001 K Hovnanian Forcast Homes 0.27 391 - 840 -002 K Hovnanian Forcast Homes 0.18 391 - 840 -003 K Hovnanian Forcast Homes 0.14 391 - 840 -004 K Hovnanian Forcast Homes 0.17 391 - 840 -005 K Hovnanian Forcast Homes 0.33 391 - 840 -006 K Hovnanian Forcast Homes 0.44 391 - 840 -007 K Hovnanian Forcast Homes 0.26 391 - 840 -008 K Hovnanian Forcast Homes 0.28 391 - 840 -009 K Hovnanian Forcast Homes 0.28 391 - 840 -010 K Hovnanian Forcast Homes 0.24 391 - 840 -011 K Hovnanian Forcast Homes 0.26 391 - 840 -012 K Hovnanian Forcast Homes 0.26 391 - 840 -013 K Hovnanian Forcast Homes 0.19 391 - 840 -014 K Hovnanian Forcast Homes 0.17 391 - 840 -015 K Hovnanian Forcast Homes 0.17 391 - 840 -016 K Hovnanian Forcast Homes 0.19 391 - 840 -017 K Hovnanian Forcast Homes 0.17 391 - 840 -018 K Hovnanian Forcast Homes 0.23 391 - 840 -019 K Hovnanian Forcast Homes 0.22 391 - 841 -001 K Hovnanian Forcast Homes 0.18 391 - 841 -002 K Hovnanian Forcast Homes 0.16 391 - 841 -003 K Hovnanian Forcast Homes 0.17 391 - 841 -004 K Hovnanian Forcast Homes 0.18 391 - 841 -005 K Hovnanian Forcast Homes 0.18 391 - 841 -006 K Hovnanian Forcast Homes 0.19 391 - 841 -007 K Hovnanian Forcast Homes 0.20 391 - 841 -008 K Hovnanian Forcast Homes 0.21 391 - 841 -009 K Hovnanian Forcast Homes 0.23 391 - 841 -010 K Hovnanian Forcast Homes 0.32 391 - 842 -001 K Hovnanian Forcast Homes 0.16 391 - 842 -002 K Hovnanian Forcast Homes 0.18 391 - 842 -003 K Hovnanian Forcast Homes 0.25 391 - 842 -004 K Hovnanian Forcast Homes 0.22 391 - 842 -005 K Hovnanian Forcast Homes 0.28 May 5, 2007 Page C -1 of 3 Agenda Item No. Page 3 of Q:\ELSINORE \CFD 2003 -1 O &M \CFD 2003- 1 \formation\reports\AGENDA ITEM - Report Annexation No 23 efd 2003_1 Lake Elsinore.doc Annexation No. 23 to the City of Lake Elsinore EXHIBIT "C" CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Property Owner List APN Owner Acreage 391 - 842 -006 K Hovnanian Forcast Homes 0.20 391 - 842 -007 K Hovnanian Forcast Homes 0.21 391 - 842 -008 K Hovnanian Forcast Homes 0.21 391 - 842 -009 K Hovnanian Forcast Homes 0.27 391 - 842 -010 K Hovnanian Forcast Homes 0.22 391 - 842 -011 K Hovnanian Forcast Homes 0.17 391 - 842 -012 K Hovnanian Forcast Homes 0.17 391 - 842 -013 K Hovnanian Forcast Homes 0.18 391 - 842 -014 K Hovnanian Forcast Homes 0.24 391 - 842 -015 K Hovnanian Forcast Homes 0.29 391 - 842 -016 K Hovnanian Forcast Homes 0.27 391 - 842 -017 K Hovnanian Forcast Homes 0.22 391 - 842 -018 K Hovnanian Forcast Homes 0.20 391 - 842 -019 K Hovnanian Forcast Homes 0.23 391 - 842 -020 K Hovnanian Forcast Homes 0.25 391 - 842 -021 K Hovnanian Forcast Homes 0.29 391 - 842 -022 K Hovnanian Forcast Homes 0.30 391 - 842 -023 K Hovnanian Forcast Homes 1.50 391 - 850 -001 K Hovnanian Forcast Homes 0.27 391 - 850 -002 K Hovnanian Forcast Homes 0.17 391 - 850 -003 K Hovnanian Forcast Homes 0.15 391 - 850 -004 K Hovnanian Forcast Homes 0.20 391 - 850 -005 K Hovnanian Forcast Homes 0.20 391 - 850 -006 K Hovnanian Forcast Homes 0.18 391 - 850 -007 K Hovnanian Forcast Homes 0.19 391 - 850 -008 K Hovnanian Forcast Homes 0.18 391 - 850 -009 K Hovnanian Forcast Homes 0.18 391 - 850 -010 K Hovnanian Forcast Homes 0.18 391 - 850 -011 K Hovnanian Forcast Homes 0.23 391 - 850 -012 K Hovnanian Forcast Homes 0.21 391 - 850 -013 K Hovnanian Forcast Homes 0.17 391 - 850 -014 K Hovnanian Forcast Homes 0.15 391 - 850 -015 K Hovnanian Forcast Homes 0.16 391 - 850 -016 K Hovnanian Forcast Homes 0.16 391 - 850 -017 K Hovnanian Forcast Homes 0.16 391 - 850 -018 K Hovnanian Forcast Homes 0.15 391 - 850 -019 K Hovnanian Forcast Homes 0.15 391 - 850 -020 K Hovnanian Forcast Homes 0.12 391 - 850 -021 K Hovnanian Forcast Homes 0.13 391 - 850 -022 K Hovnanian Forcast Homes 0.18 391 - 850 -023 K Hovnanian Forcast Homes 0.20 391 - 850 -024 K Hovnanian Forcast Homes 0.21 May 5, 2007 Page C -2 of 3 Agenda Item No. �-2- Page -3 / of Q:\ELSINORE \CFD 2003 -1 O &M \CFD 2003- 1 \formation\reports\AGENDA ITEM - Report Annexation No 23 cfd 2003_1 Lake Elsinore.doc Annexation No. 23 to the City of Lake Elsinore EXHIBIT "C" May 5, 2007 CFD No. 2003.1 (Law Enforcement, Fire and Paramedic Services) Page C -3 of 3 Prooertv Owner List APN Owner Acreage 391 - 850 -025 K Hovnanian Forcast Homes 0.20 391 - 850 -026 K Hovnanian Forcast Homes 0.25 391 - 850 -027 K Hovnanian Forcast Homes 0.32 391 - 850 -028 K Hovnanian Forcast Homes 0.24 391 - 850 -029 K Hovnanian Forcast Homes 0.24 391 - 850 -030 K Hovnanian Forcast Homes 0.28 391 - 850 -031 K Hovnanian Forcast Homes 0.21 391 - 850 -032 K Hovnanian Forcast Homes 0.23 391 - 850 -033 K Hovnanian Forcast Homes 0.23 391 - 850 -034 K Hovnanian Forcast Homes 0.26 391 - 850 -035 K Hovnanian Forcast Homes 0.27 391 - 850 -036 K Hovnanian Forcast Homes 0.25 391 - 850 -037 K Hovnanian Forcast Homes 0.23 391 - 850 -038 K Hovnanian Forcast Homes 0.19 391 - 850 -039 K Hovnanian Forcast Homes 0.23 391 - 850 -040 K Hovnanian Forcast Homes 0.29 391 - 851 -001 K Hovnanian Forcast Homes 0.28 391 - 851 -002 K Hovnanian Forcast Homes 0.30 391 - 851 -003 K Hovnanian Forcast Homes 0.27 391 - 851 -004 K Hovnanian Forcast Homes 0.27 391 - 851 -005 K Hovnanian Forcast Homes 0.43 Grand Total 76.45 Agenda Item No. _Q—r- Page '7~c�' of h Q:\ELSINORE \CFD 2003 -1 O &M \CFD 2003- 1 \f6rmation\reports\AGENDA ITEM - Report Annexation No 23 efd 2003_1 Lake Elsinore.doc CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MAY 279 2007 SUBJECT: ADOPTION OF RESOLUTION NO. 2007-90 APPROVING THE CITY OF LAKE ELSINORE TRAFFIC IMPACT FEE UPDATE AND INCREASING TRAFFIC IMPACT FEES FOR DEVELOPMENT PROJECTS WITHIN THE CITY OF LAKE ELSINORE BACKGROUND In 2002, the City adopted Ordinance No. 1081 adding Chapter 16.74 -- Development Impact Fees to the Lake Elsinore Municipal Code. As part of the that approval, the City Council established a "Traffic Infrastructure Fee" ( "TIF ") to mitigate the burden placed on the City's street system as a result of new development. The TIF was based on a 2002 report by LSA Associates. The report identified proposed new and /or improved roadways, bridges, and interchanges, as necessary traffic mitigation projects and calculated the cost of each. These types of projects were necessary to maintain a level of service no lower than D throughout the City. A TIF was then set for various categories of land use (residential, commercial, industrial, etc.). Residential uses were charged a fee per dwelling unit while non - residential uses were charged a fee per square foot. A study was conducted by Harris & Associates reviewing potential updates to the current TIF program. Modifications were recommended which included additions and deletions to the list of street improvements at various locations throughout the City. REPORT TO CITY COUNCIL MAY 22, 2007 PAGE 2 OF 3 DISCUSSION The update study was made available to the development community for review and comment. Subsequently, Staff met with both the residential and non - residential development community three (3) times over the past two months to answer questions and receive feedback. As a result of these meetings, Staff is proposing to increase the TIF by approximately 23% in accordance with the construction cost indicators as reported by the Engineering News Record (ENR). Additionally, the original fee discounted non - residential fees by 30% as an incentive for this type of development. Staff is recommending the elimination of this discount in order to more completely fund the improvement program. As a comparison with the neighboring Cities, the City of Lake Elsinore fees are competitive with those of neighboring Murrieta and Temecula which keeps Lake Elsinore competitive in this tightening development market. The current and proposed fee schedules are listed below: Consequently, Staff is proposing the following ENR increase to the TIF: Land Use Existing Fee Proposed Fee Residential (per unit) Single Family Unit Duplex /Medium Low Apartments /Condos Non - Residential (per sq. ft.) Office Retail /Commercial Industrial $ 1369.00 $ 959.00 $ 959.00 $ 1,528.80 $ 1,107.59 $ 1,107.59 $ 1.45 $ 2.17 $ 3.84 $ 5.76 $ 0.81 $ 1.23 City staff recognizes that the proposed fee increase comes at a time of slowing development and it will impact development projects. However, it is imperative that the projects on the TIF list of improvements be funded for constructed to maintain the minimum level of service for traffic circulation. The proposed TIF represents the most viable approach to funding future necessary traffic improvements for the long -term REPORT TO CITY COUNCIL MAY 22, 2007 PAGE 3 OF 3 benefit of the community while being sensitive to the development community's concerns. FISCAL IMPACT The adjusted TIF is expected to generate funds to be dedicated to constructing TIF eligible traffic improvements. RECOMMENDATION That the City Council adopts Resolution No. 2007 80 adopting the Traffic Impact Fee Update Study and increase the TIF for development projects within the City. .. D APPROVED FOR AGENDA BY: KEN SEUMALO, DIRECTOR OF PUBLIC WORKS 4ml- ITY MANAGER'S ICE CArn RESOLUTION NO. 2007— UU A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING THE CITY OF LAKE ELSINORE TRAFFIC IMPACT FEE ADJUSTMENT UPDATING THE FEE FOR DEVELOPMENT PROJECTS WITHIN THE CITY OF LAKE ELSINORE. WHEREAS, the City Council of the City of Lake Elsinore has previously adopted Section 16.74.040 of the Lake Elsinore Municipal Code which establishes the authority for imposing and charging a Traffic Impact Fee ( "TIF ") to mitigate additional traffic burdens on the City's street system by new development; and WHEREAS, the Chapters 1 and 2 (and appendices thereto) of the Traffic Impact Fee Update Study for the City of Lake Elsinore dated February 15, 2007 (the "Fee Update Study "), attached hereto, identifies the existing TIFs which need to be updated, and WHEREAS, the City Council finds as follows: A. The Fee Update Study complies with California Government Code Section 66001 by establishing the basis for imposition of fees on Development Projects. In particular, the Fee Update Study: 1. Identifies the purpose of the fee; 2. Identifies the use to which the fee will be put; 3. Shows a reasonable relationship between the fee's use and the type of development project on which the fee is imposed; 4. Shows a reasonable relationship between the need for the traffic facilities and the type of development projects on which the fee is imposed; and 5. Shows a reasonable relationship between the amount of the fee and the cost of the traffic facilities attributable to the development on which the fee is imposed. y,+ ,9 k k .. ' wdw+.vi PAS-10E—La- CITY COUNCIL RESOLUTION NO. 2007—_ PAGE 2 OF 6 B. The fees collected pursuant to this resolution shall be used to finance the traffic infrastructure facilities described or identified in the original fee Study or other traffic facility plans as may from time to time be adopted by the City Council. C. The projects and fee methodology identified in the Fee Update is consistent with the City's General Plan. D. The Fee Update is categorically exempt from environmental review pursuant to the California Environmental Quality Act Guidelines section 15061(b)(3). The intent of the study and proposed fees is to provide one means of mitigating potential environmental impacts which have been identified in environmental analyses of other planning efforts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Adoption of Fee Update. The Fee Update is hereby adopted and incorporated herein as thought set forth in full. SECTION 2. Definitions. The terms herein shall have the same meaning as set forth in Chapter 16.74. SECTION 3. Timing of f Fee. The updated existing citywide fees proposed under the Fee Update Study and as set forth in Exhibit A hereof shall be imposed citywide upon issuance of the applicable building permit and shall be paid at the rate in effect on the day of payment prior to issuance of a certificate of occupancy for the project, or at such earlier time permitted by law as set forth in Government Code section 66007. SECTION 4. Fee Determination. (a) TIFs for Residential Development shall be a "fee per dwelling unit" based upon the type of unit constructed and as set forth in Exhibit A. Residential development of detached single- family units shall pay the Single CITY COUNCIL RESOLUTION NO. 2007—_ PAGE 3 OF 6 Family Unit rate. Residential development of duplexes and other medium to low densities shall pay the Duplex/Medium -Low rate Residential development of apartments and condominiums shall pay the Apartment /Condo rate. TIFs for group homes, co- housing or other types of residences not described above shall be determined by the Community Development Director based on analysis of the traffic impacts of such development in relation to a single family dwelling unit. (b) TIFs for Nonresidential Development shall be a "fee per square foot" based upon the enclosed square footage of the building and be determined by the rate and formula set forth in Exhibit A. (c) TIFs for land uses not shown in Exhibit A will be determined by the Community Development Director who shall determine such fee based on analysis of the traffic impacts of the proposed use in relation to other nonresidential uses shown in Exhibit A. (d) If a Building Permit is issued that would alter the amount of the TIF due for the development or require the payment of a new or additional TIF, any such previously paid fees shall be credited against the new total fee due as determined by the Director of Pubic Works, provided, however, that in no event shall the City refund fees previously paid because of a change in land use. (e) TIFs for additions to, or replacement or intensification of, an existing nonresidential use shall be paid only on the net increase in enclosed square footage of the building compared to that which previously existed. SECTION 5. Exemptions. The following Development Projects are exempted from paying TIFs: (a) Addition of Accessory Structures. (b) Addition of habitable living space to an existing single family unit. (c) A Development Project which, at the time of issuance of a building permit, is not subject to TIFs by virtue of the terms of a valid CITY COUNCIL RESOLUTION NO. 2007—_ PAGE 4 OF 6 development agreement or when such Development Project proceeds under a vesting tract map upon which the TIFs cannot be imposed as a matter of law. (d) Nonresidential Development if the developer qualifies as a non- profit organization and is exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1986. Notwithstanding the foregoing exemption, the developer shall be required as a condition to issuance of the development license to cause the owner of record to execute a contract to pay the TIF upon transfer of the Development Project or any portion thereof to a purchaser that does not qualify as a non - profit organization that is exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1986. Such contract shall be recorded with Riverside County Recorder and shall constitute a lien for the payment of the TIF. SECTION 6. Amount of Fee. The TIF shall be as set forth in Exhibit A. SECTION 7. Use of Fee. The fee shall be solely used (1) for the purposes described in the Fee Update Study, (2) for reimbursing the City for the development's fair share of those traffic infrastructure improvements already constructed by the City; or (3) for reimbursing developers who have constructed traffic facilities described in the Fee Update Study or other traffic facility master plans adopted from time to time by the City Council where those traffic facilities were beyond that needed to mitigate the impacts of the developer's project(s). SECTION 8. Fee Adjustment. Commencing on July 1, 2007, the fees established and imposed by this Resolution shall be adjusted as of July 1 of each year based upon the percentage increase or decrease, if any, of the Engineering News Record Construction Cost Index (the "CCI ") for the Los Angeles Metropolitan Area for the twelve month period prior to May 1 of the year in which the change will be effective. SECTION 9. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to attack, review, set aside, void, or annul this resolution shall be brought within 120 days of the date of adoption of this resolution. AGENDA ITEM! N®. PAGE -2- OF CITY COUNCIL RESOLUTION NO. 2007—_ PAGE 5 OF 6 SECTION 10. Severability. If any provision or clause, or paragraph of this resolution or the imposition of a major project's financing fee for any project with the Traffic Impact Fee Study or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this resolution or other fees levied by this resolution which can be given effect without the invalid provisions or application of fees, and to this end the provisions of the resolution are declared to be severable. SECTION 11. Effective Date. The Deputy City Clerk of the City shall certify the adoption of this Resolution and it shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this _ day of 92007. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTEST: Michelle Soto, Deputy City Clerk City of Lake Elsinore Robert E. Magee, Mayor City of Lake Elsinore AGENDA ITEM INiol. PAGE,. 6 OF l CITY COUNCIL RESOLUTION NO. 2007—_ PAGE 6 OF 6 APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore PAOE OF: t o Land Use Residential (Per unit) Single Family Unit Duplex /Medium Low Apartments /Condos Non - Residential (per sq. ft.) Office Retail /Commercial Industrial EXHIBIT A Proposed Fee $ 1,582.80 $ 1,107.59 $ 1,107.59 $ 2.17 $ 5.76 $ 1.23 PAC t CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MAY 229 2007 SUBJECT: ZONING ORDINANCE TEXT AMENDMENT NO. 2007 -02; A REQUEST TO AMEND PORTIONS OF THE LAKE ELSINORE MUNICIPAL CODE RELATED TO THE MINIMUM ON -SITE LANDSCAPE COVERAGE PERCENTAGE REQUIREMENTS WITHIN COMMERCIAL AND INDUSTRIAL ZONES PURPOSE This report is intended to present information to the City Council regarding a Zoning Ordinance Text Amendment. The proposed amendment would decrease the recently modified required minimum on -site landscaping percentages for all commercial and industrial zones as follows: • Reduce the commercial development landscaping requirement from 20% to 15% of the project site. • Reduce the industrial development landscaping requirement from 20% to 12% of the project site. BACKGROUND In November 2006, the City Council approved Text Amendment No. 2006 -02, which increased the minimum landscaping requirements in the City's commercial and industrial zones. The intent of the Text Amendment was to improve the aesthetic quality of future commercial and industrial developments by providing additional landscaping along street frontages and parking areas. IF'tiv REPORT TO CITY COUNCIL MAY 229 2007 PAGE 2 OF 5 Prior to and during the preparation of Text Amendment No. 2006 -02, staff advised commercial /industrial development applicants in the review process (as well as prospective project applicants) of the proposed increases to the landscaping requirements. In anticipation of the code amendment, many applicants in the review process modified their plans in order to meet the increased requirement even before the official code change. The development projects that increased their landscaping in order to comply with the new requirement include the following: • Rite Aid pharmacy and Shopping Center (Lakeshore/Machado): 20% landscaping provided • Diamond Professional Plaza Medical Offices (Diamond Drive): 27% landscaping provided • McDonald's (Oak Grove /Target Shopping Center): 23% landscaping provided • Southern California Primary Medical Building (Canyon Estates Drive - adjacent to Washington Mutual): 21 % landscaping provided • Omni West Medical Building (Canyon Estates Drive) 33% landscaping provided After the ordinance was adopted to increase landscaping requirements, staff received complaints from the development community that they were not fully aware and did not fully understand the significance of the change to the landscaping requirements. On January 24, 2007, staff coordinated an outreach meeting with several members of the development community (including applicants with submitted project applications) in order to explain and discuss the new landscaping requirements. Those in attendance included developers, architects, and commercial /industrial property owners. REPORT TO CITY COUNCIL MAY 229 2007 PAGE 3 OF 5 The key issues raised were the impact of the increased landscaping requirements on maximizing building square footage and the fiscal impacts of incorporating more landscaping into commercial and industrial developments. Staff explained that there is a procedure outlined in the landscape ordinance whereby the developer could request a reduction in the landscaping requirements. Staff referred to the following language: "A reduction in (landscape) coverage may be sought and approved during the Design Review process in recognition 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. " The development community expressed concern regarding the relief procedures claiming that staff attrition and differences in interpretation of what constitutes "quality design" would lead to uncertain and inconsistent granting of the exception. Based on the discussion and comments received at the outreach meeting, the development community requested that the landscaping requirement be reduced from 20% to 15% for commercial development and from 20% to 12% for industrial developments. Staff prepared a report to the Planning Commission regarding the proposed change and presented the matter on May 1, 2007. Notice of the May 1, 2007 Planning Commission meeting was given by posting and publication. In addition, Staff e- mailed all of the individuals who attended the January 24, 2007 outreach meeting. None that were notified attended the Planning Commission meeting and no comments were received. At their regularly scheduled May 1, 2007 meeting, the Planning Commission, by a vote of 3 -2, recommended that the City Council deny Text Amendment No. 2007 -02. As with the Planning Commission hearing, the development community was notified of the City Council hearing on this issue by verbal, e-mail, posting and publication means. A copy of the mailing labels reflecting names and addresses of those notified has been included (Attachment 3) with this report. REPORT TO CITY COUNCIL MAY 229 2007 PAGE 4 OF 5 DISCUSSION The proposed landscape- related changes to the commercial and industrial zoning districts are as follows: • Decrease the amount of on -site landscape coverage from twenty- percent (20 %) to fifteen- percent (15 %) in all commercial districts. • Decrease the amount of on -site landscape coverage from twenty- percent (20 %) to twelve - percent (12 %) in all industrial districts. Lake Elsinore currently requires minimum on -site landscape percentage requirements of twenty- percent (20 %) for development in commercial and industrial districts. This percentage is on the higher end of the spectrum when compared to the other cities surveyed. Temecula is the only City of those reviewed that requires more landscaping for commercial and industrial development. If the proposed Text Amendment is approved, the City will fall in the middle of the range compared to other nearby communities in terms of required landscaping ratios. The Planning Commission heard the Staff Report (Attachment 1) and presentation from staff before deliberating on the proposed Text Amendment. Mr. Dan Uhlry commented in opposition of the Text Amendment request, stating that the City Council made the proper decision and that the Planning Commission should follow suit. Mr. Uhlry indicated that developers could request a variance to reduce the required landscaping requirements if they so desired. No other comments from the public were received. The Planning Commission voted 3 -2 to recommend denial of the proposed landscaping reductions. Draft meeting minutes from the May 1, 2007 Planning Commission meeting are included with this report (Attachment 2). FISCAL IMPACT The proposed zoning ordinance text amendment would make minor changes to existing on -site landscape requirements within all commercial and industrial districts. The changes would not change the overall scope or complexity of the standards and as such would not require any additional staff time or resources to ocl ACE NDA. IME'NA NO. REPORT TO CITY COUNCIL MAY 229 2007 PAGE 5 OF 5 administer. There would be minimal fiscal impact to the City resulting from administration or enforcement of the proposed ordinance. RECOMMENDATION The Planning Commission recommends that the City Council deny the proposed Text Amendment. Alternatively, if the City Council wishes to make some or all of the proposed changes to the landscaping requirements, direct the City Attorney to prepare an ordinance accordingly. PREPARED BY: APPROVED FOR AGENDA BY: ATTACHMENTS TOM WEINER, PLANNING MANAGER MANAGER'S O CE 1. Planning Commission Staff Report of May 1, 2007 2. Planning Commission Meeting Draft Minutes of May 1, 2007 3. Mailing Labels of Development Community Members 4. E mail Correspondence from Bart Pebbles, Caliber Retail Properties ATTACHMENT 1 CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MAY 11 2007 PREPARED BY: TOM WEINER, PLANNING MANAGER PROJECT TITLE: ZONING ORDINANCE TEXT AMENDMENT NO. 2007 -02; A REQUEST TO AMEND PORTIONS OF THE LAKE ELSINORE MUNICIPAL CODE RELATED TO THE MODIFICATION OF THE MINI_MUM ON -SITE LANDSCAPE COVERAGE PERCENTAGE REQUIREMENTS WITHIN COMMERCIAL AND INDUSTRIAL ZONES APPLICANT: CITY OF LAKE ELSINORE, 130 SOUTH MAIN STREET, LAKE ELSINORE, CA 92530 PURPOSE This report is intended to present information to the Planning Commission in order to make a recommendation to the City Council regarding a Zoning Ordinance Text Amendment. The proposed amendment would decrease the recently modified required minimum on -site landscaping percentages for all commercial and industrial zones as follows: • Reduce the commercial development landscaping requirement from 20% to 15% of the project site. • .Reduce the industrial development landscaping requirement from 20% to 12% of the project site. BACKGROUND The following table presents a timeline reflecting recent Planning Commission and AGENDA ITEM No., PACE aE_ _ REPORT TO PLANNING COMMISSION May 1, 2007 PROJECT TITLE: TEXT AMENDMENT NO. 2007 -02 City Council actions related to the landscape ordinance. As shown in the table above, the Planning Commission recommended City Council approval of Text Amendment Number 2006 -02, which was subsequently approved by the City Council and adopted by ordinance, therefore modifying existing landscape standards. This approval did the following: • Increased the on -site landscape requirement for commercial development from 10% to 20% and industrial development from 8% to 20 %. • Increased the requirement for the number and size of trees within parking areas from one (1) fifteen (15) gallon tree per every ten (10) parking spaces to one (1) 24 -inch tree for every five (5) parking spaces. It should be noted that this Text Amendment pertains to landscape percentages only and the above listed (second bullet) tree to parking space ratio will not be modified. Staff recommended increases to landscaping provisions primarily to bring the City of Lake Elsinore landscape requirements in line with those found in neighboring communities. Also, the Text Amendment was presented in order to improve the aesthetic quality of future commercial and industrial developments_ _ by providing AGENDA ITEM N0. 2L4 PACE 7 OF (Q -7 Planning Commission recommends November 7, 2006 approval of Text Amendment No. 2006- 02 (increase to landscape requirements) to City Council. City Council approves Text Amendment November 28, 2006 No. 2006 -02. City Council second reading of Text December 12, 2006 Amendment No. 2006 -02. 30 -day adoption period ends. Revisions to January 12, 2007 the landscape ordinance take effect. As shown in the table above, the Planning Commission recommended City Council approval of Text Amendment Number 2006 -02, which was subsequently approved by the City Council and adopted by ordinance, therefore modifying existing landscape standards. This approval did the following: • Increased the on -site landscape requirement for commercial development from 10% to 20% and industrial development from 8% to 20 %. • Increased the requirement for the number and size of trees within parking areas from one (1) fifteen (15) gallon tree per every ten (10) parking spaces to one (1) 24 -inch tree for every five (5) parking spaces. It should be noted that this Text Amendment pertains to landscape percentages only and the above listed (second bullet) tree to parking space ratio will not be modified. Staff recommended increases to landscaping provisions primarily to bring the City of Lake Elsinore landscape requirements in line with those found in neighboring communities. Also, the Text Amendment was presented in order to improve the aesthetic quality of future commercial and industrial developments_ _ by providing AGENDA ITEM N0. 2L4 PACE 7 OF (Q -7 REPORT TO PLANNING COMMISSION May 1, 2007 PROJECT TITLE: TEXT AMENDMENT NO. 2007-02 additional landscaping along street frontages and parking areas. Outreach Prior to and during the preparation of the initial Text Amendment (2006 -02), staff made efforts to advise commercial/industrial development applicants in the review process (as well as prospective applicants) of the proposed increases to the landscaping requirements. Many applicants in the review process modified their plans accordingly in order to meet the new requirements prior to the official code change. These include the following recently approved projects: • Rite Aid pharmacy and Shopping Center (Lakeshore/Machado): 20% landscaping provided • Diamond Professional Plaza Medical Offices (Diamond Drive): 27% landscaping provided • McDonald's (Oak Grove /Target Shopping Center): 23% landscaping provided • Southern California Primary Medical Building (Canyon Estates Drive- adjacent to Washington Mutual): 21 % landscaping provided • Omni West Medical Building (Canyon Estates Drive) 33% landscaping provided After the ordinance was adopted, it became evident to staff that not all project applicants were aware or fully understood the level of change relative to the adoption of the Text Amendment to the LEMC. On January 24, 2007, staff coordinated a meeting with several members of the development community (including applicants with submitted project applications) in order to explain and discuss the new landscaping requirements. Those in attendance included developers, architects, and commercial/industrial property owners. A key issue of the discussion was the impact that the increased landscaping requirements would have on maximizing building square footage on properties as well AGENDA ITEM No 2A PAGE � of I REPORT TO PLANNING COMMISSION May 1, 2007 PROJECT TITLE: TEXT AMENDMENT NO. 2007 -02 as comments relating to there being no financial benefit of having increased landscaping incorporated into commercial and industrial developments. Staff informed those in attendance that even though requirements were increased, the landscaping ordinance provided relief to developers who sought reductions in landscaping. Decreasing landscaping percentages for development projects was possible based on the following language currently found in the landscape ordinance for all commercial and industrial zones: "A reduction in (landscape) coverage may be sought and approved during the Design Review process in recognition 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 ofsculpture or art work in the landscape proposal. " In spite of the landscape ordinance provision listed above, those in attendance indicated that over time, possible Planning staff attrition and future interpretation of the stated guideline did not give them assurances that there would be flexibility in reducing landscaping requirements if certain aesthetic and design goals were reached. Based on the discussion and comments received at this meeting, the general consensus was that the landscaping requirement be reduced from 20% to 15 % for commercial development and from 20% to 12% for industrial developments. In addition to the State mandated public notice and newspaper publishing, staff e- mailed all of those in attendance at the January 24, 2007 meeting advising them of this new Text Amendment proposal. ANALYSIS On -Site landscaping It is generally recognized that commercial and industrial developments with sufficient landscaping provide many positive attributes to the areas, which include: • Enhancing property aesthetics and overall community image. • Beautifying streetscapes and public rights -of -way. AGENDA ITEM NO. PAGE� �OE REPORT TO PLANNING COMMISSION May 1, 2007 PROJECT TITLE: TEXT AMENDMENT NO. 2007 -02 • Preserving a sense of place through the potential enhancement of commercial and industrial district's appearance from public streets and between incompatible uses. • Improving air quality through the preservation of mature vegetation that remove carbon monoxide and filter dust and particulates from the air. • Assisting in climate modification and reducing energy costs through the use of adequate landscaping to shade buildings, streets, sidewalks, and other outdoor areas. • Stabilizing soils by minimizing soil erosion. Minimum On -site Landscaping Percentage Reuirements in Other Cities Communities employ an array of percentages for the requirement of on -site landscaping requirements for commercial and industrial districts. The following matrix reflects the minimum on -site landscaping requirements for various communities throughout the County of Riverside. AG64DA ITEm No. 2_(4 PAGE I D 0 f REPORT TO PLANNING COMMISSION May 1, 2007 PROJECT TITLE: TEXT AMENDMENT NO. 2007-02 Hemet n/a n/a The City of Hemet does not have a minimum landscape percentage requirement. The City re uires that all setbacks be landscaped. Ontario 14% 12.5% The percentages listed represent an average of all different commercial and industrial districts. It should be noted that the percentages differ whether it the lot in uestion is a corner or interior lot. More than half of all cities surveyed have a minimum percentage of the site devoted to landscaping. It should be noted however, that like Lake Elsinore, some of the cities listed above have specific plan areas and zone overlays incorporated into their zoning and General Plan Maps, where provisions for more or less than minimum on -site landscape percentage requirements could theoretically be found. Lake Elsinore currently requires minimum on -site landscape percentage requirements of twenty- percent (20 %) for development in commercial and industrial districts. This percentage is on the higher. end of the spectrum when compared to the other cities surveyed, with Temecula being-the only City requiring more landscaping. If this Text Amendment is approved, thereby reducing landscaping percentages for Lake Elsinore to the proposed 15% for commercial and 12% for industrial, it would place the City among the middle of the range compared to other nearby communities in terms of required landscaping ratios. It should be noted that the table above lists the average of on -site landscape percentage requirements for all the different commercial and industrial districts within the surveyed cities. Staff's analysis of the numbers provided was achieved by adding up all the requirements within each district and calculating an overall average for the commercial and industrial districts. In addition, staff concluded that some cities require varying amounts of landscaping for different parcel locations. For example, the City of Ontario requires a lower percentage of on -site landscaping for interior lots and a higher percentage for corner lots. Minimum On -site Landscang Percentage Requirements Conclusion As shown, communities have taken a variety of approaches in their use of on -site landscaping for commercial and industrial zoning districts. Whereas other cities have elected to allow varying amounts of on -site landscaping, all provide this critical I 4 AGENDA ITEM NO. PACE— r OF___42 REPORT TO PLANNING COMMISSION May 1, 2007 PROJECT TITLE: TEXT AMENDMENT NO. 2007-02 element as a means of enhancing property values and beautifying streetscapes, as well as buffering commercial and industrial districts from public spaces and other uses. The benefits and disadvantages of on -site landscaping are summarized below: Benefits • Enhanced aesthetics and community image. • Beautifies streetscapes and public right -of -ways • Improves air - quality and reduces energy consumption. • Stabilizes soils by minimizing soil erosion Disadvantages • Reduces buildable footprint area for projects. • Requires additional maintenance by the property owner or management company. As reflected in the proposed "Draft" ordinance (Attachment 2), it is staff's recommendation that the minimum on -site landscaping requirements be decreased from twenty- percent (20 %) to fifteen- percent (15 %) in all commercial zoning districts. Additionally, staff recommends that the on -site landscaping requirements be decreased from twenty- percent (20 %) to twelve- percent (12 %) in all industrial zoning districts. The landscaping ratios listed above will become the mandated guideline if this Text Amendment is adopted, however it should be noted that: 1) more landscaping can be requested for prominent parcels and/or developments during the design review process and 2) less than the required landscaping can be incorporated into developments when certain design features are included in the project. SUMMARY To summarize, the proposed landscape- related changes to the commercial and industrial zoning districts are as follows: • Decrease the amount of required on -site landscape coverage from twenty - percent (20 %) to fifteen- percent (15 %) in all commercial districts. • Decrease the amount of on -site landscape coverage from twenty- percent (20 %) to twelve- percent (12 %) in all industrial districts. AGENDA ITEM NO. PAGE I I-=)- )F �� REPORT TO PLANNING COMMISSION May 1, 2007 PROJECT TITLE: TEXT AMENDMENT NO. 2007-02 The proposed code changes and additional text are reflected in the attached "Draft Ordinance Revisions" (Attachment 2). ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), an Initial Study was completed to analyze the potential environmental impacts of the proposed project. The Initial Study concluded that the proposed project would have no significant environmental impacts. A Negative Declaration has accordingly been prepared and released for review. The review period commenced on April 17, 2007 and ends on May 18, 2007. FISCAL IMPACT The proposed Text Amendment would make minor changes to existing on -site landscape requirements within all commercial and industrial districts. The changes would not affect the overall scope or complexity of the standards and as such would not require any additional staff time or resources to administer. There would be minimal fiscal impact to the City resulting from administration or enforcement of the proposed ordinance. RECOMMENDATION It is recommended that the Planning Commission adopt; Resolution No. 2007 -_, recommending City Council approval of Text Amendment No. 2007 -02 in order to amend portions of LEMC Chapter 17.40 (C -O Commercial Office District), Chapter 17.44 (C- i Neighborhood Commercial District), Chapter 17.48 (C -2 General Commercial District), Chapter 17.52 (C -P Commercial Park District), Chapter 17.54 (C -M Commercial Manufacturing District), Chapter 17.56 (M -1 Limited Manufacturing District), and Chapter 17.60 (General Manufacturing District) related to modifying the minimum on -site landscape percentage requirements. AGENDA ITEM No. 2q PACE 13 OF�� REPORT TO PLANNING COMMISSION May 1, 2007 PROJECT TITLE: TEXT AMENDMENT NO. 2007-02 PREPARED BY: TOM WEINER, PLANNING MANAGER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: 1. PLANNING COMMISSION RESOLUTION 2. "DRAFT" ORDINANCE REVISIONS 3. NEGATIVE DECLARATION AND INITIAL STUDY AGENDA ITEM, ND. 2A PAGE OF_ RESOLUTION NO. 2007- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF LAKE ELSINORE APPROVAL OF ZONING ORDINANCE TEXT AMENDMENT NO. 2007 -02 AND THE ADOPTION OF THE NEGATIVE DECLARATION THEREFOR WHEREAS, the Community Development Department of the City of Lake Elsinore has filed an application requesting that Chapter 17.40 (C -O Commercial Office District), Chapter 17.44 (C -1 Neighborhood Commercial District), Chapter 17.48 (C -2 General Commercial District), Chapter 17.52 (C -P Commercial Park District), Chapter 17.54 (C -M Commercial Manufacturing District), Chapter 17.56 (M -1 Limited Manufacturing District), and Chapter 17.60 (M -2 General Manufacturing District) of the Lake Elsinore Municipal Code be amended (the "Amendment "); and WHEREAS, the Amendment modifies the minimum required percentage of on -site landscape coverage within commercial and industrial zones; and WHEREAS, pursuant Section 17.84.050 of the Lake Elsinore Municipal Code, the Planning Commission is delegated with the responsibility of examining, considering, and making a recommendation to the City Council regarding proposed amendments to Title 17; and WHEREAS, the City of Lake Elsinore (the "City ") has prepared a negative declaration (the "Negative Declaration ") on the proposed Text Amendment (the "Project ") pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.: "CEQA "), the Guidelines for Implementation of CEQA (14 California Code of Regulations, Section 15000, et seq.: the "State CEQA Guidelines "), and procedures adopted by the City relating to environmental evaluation of public and private projects; and WHEREAS, notice to all interested persons and agencies inviting comments on the Negative Declaration was published in accordance with the provisions of CEQA and the State CEQA Guidelines; and WHEREAS, public notice of the Text Amendment has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on May 1, 2007. AGENDA ITEM No. Z PAGE S ! OF4 PLANNING COMMISSION RESOLUTION NO. 2007 - PAGE 2 OF 4 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed Text Amendment prior to recommending that the City Council approve the changes. SECTION 2. The Planning Commission has evaluated all comments, written and oral, received from persons who have reviewed the Negative Declaration. SECTION 3. The Planning Commission has reviewed and considered the Negative Declaration prepared by the City staff for the Project and finds that it is adequate. The Negative Declaration satisfies the requirements of CEQA and is hereby approved. Based on the Negative Declaration, the comments received thereon, the responses to those comments, and the evidence and testimony before it, the Planning Commission finds that the Negative Declaration reflects the independent judgment of the City, and that there is no substantial evidence before the Planning Commission that the Project may have a significant effect on the environment. SECTION 4. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the recommendation of approval of Text Amendment No. 2007 -02: 1. The Text Amendment will not be detrimental to the health, safety, comfort, or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City. The proposed Text Amendment to the City's Municipal Code will contribute to the comfort and general welfare of the persons working and /or residing within the City. The proposed revisions reduce the City's minimum on -site landscape percentage requirements within commercial and industrial zones. These revisions increase the viability of commercial and industrial development while maintaining a fair level of landscaping and will maintain the overall visual character and quality of the City. AGENDA ITEM NO. 2(4 PAGE OF_,. (Q,. PLANNING COMMISSION RESOLUTION NO. 2007 - PAGE 3 OF 4 2. The Text Amendment will not be injurious to property or improvements within the City. The proposed Text Amendment will not be injurious to property or improvements within the City as the proposed revisions and modifications are an overall beneficial enhancement to development in the City. The proposed Amendments apply only to new development. 3. The proposed Text Amendment is consistent with the General Plan. The proposed Text Amendment is consistent with the General Plan, Community Design Element, and serves as an important link between the City's built environment and the natural environment. The new ratios for required landscaping will continue to provide visual relief, cleaner air, and screens or buffers. Well planned and maintained landscaping serves to increase property value and increase the aesthetic value to the community. The landscaping percentages are consistent with those found in surrounding communities. SECTION 5. Based upon the evidence presented, both oral and written, and the above findings, the Planning Commission hereby recommends that the City Council approve Text Amendment No. 2007 -02. SECTION 6. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 1st day of May, 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore AGENDA ITEM NO•—I —.-- PAGE�_ _OF��I PLANNING COMMISSION RESOLUTION NO. 2007 - PAGE 4 OF 4 ATTEST: Rolfe Preisendanz Director of Community Development AGENDA ITEM NO. C PACES U _PF ATTACHMENT 2 "DRAFT ORDINANCE REVISIONS" Minimum On -site Landscape Coverage Requirements for Commercial and Industrial Districts (Revise Existing Code) Chapter 17.40.080(c) C. Generally: All building sites shall have a minimum landscaped coverage equivalent to twenty (20%) fifteen (15 %) percent of the total lot area. Such landscaping shall be evenly distributed over the site and consist of an effective combination of 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 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. Chapter 17.44.070(c) C. Generally: All building sites shall have a minimum landscaped coverage equivalent to ° fifteen (15 %) percent of the total lot area. Such landscaping shall be evenly distributed over the site and consist of an effective combination of 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 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. AGEN®A!iEf3 NO.- 2 PAGE _ ®�-� Chapter 17.48.080(c) C. Generally: All building sites shall have a minimum landscaped coverage equivalent to ° fifteen (15 %) percent of the total lot area. Such landscaping shall be evenly distributed over the site and consist of an effective combination of 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 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. Chapter 17.52.080(c) C. Generally: All building sites shall have a minimum landscaped coverage equivalent to ° fifteen (15 %) percent of the total lot area. Such landscaping shall be evenly distributed over the site and consist of an effective combination of trees, ground cover, and shrubbery, which may include landscaping required for setbacks or buffers. A reduction in coverage ma_ y be sought and approved during the Design Review process in recognition 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. Chapter 17.54.090(c) C. Generally: All building sites shall have a minimum landscaped coverage equivalent to ° twelve (12 %) percent of the total lot area. Such landscaping shall be evenly distributed over the site and and consist of an effective combination of 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 of quality design. For the purposes 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 artwork in the landscaped proposal. AGENDA ITEM N0. PAGE c .0 OF Chapter 17.56.100(c) C. Generally: All building sites shall have a minimum landscaped coverage equivalent to twenty (2 twelve (12 %) percent of the total lot area. Such landscaping shall be evenly distributed over the site and consist of an effective combination of 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 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. Chapter 17.60.100(c) C. Generally: All building sites shall have a minimum landscaped coverage equivalent to ° twelve (12 %) percent of the total lot area. Such landscaping shall be evenly distributed over the site and consist of an effective combination of 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 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. -End Draft Ordinance Revisions- AGENDA ITEM N0. 24 pAGE,__^OF___,�_ CITY OF COMMUNITY DEVELOPMENT DEPARTMENT LADE LSI1`�OK E PLANNING DIVISION _�� — 130 South Main Street V DREAM EXTREME., Lake Elsinore, CA 92530 (951) 674 -3124 Voice (951) 471 -1419 Fax INITIAL STUDY City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 Introduction This Initial Study has been prepared in accordance with relevant provisions of the California Environmental Quality Act (CEQA) of 1970, as amended, and the CEQA Guidelines. Section 15063(c) of the CEQA Guidelines indicates that.the purposes of an Initial Study are to: 1. Provide the Lead Agency (i.e., the City of Lake Elsinore) with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR) or Negative Declaration; 2. Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to quality for a Negative Declaration or Mitigated Negative Declaration ; 3. Assist the preparation of an EIR, if one is required, by: ■ Focusing the EIR on the effects determined to be significant; ■ Identifying the effects determined not to be significant; ■ Explaining the reasons why potentially significant effects would not be significant; and ■ Identifying whether a program EIR, tiering, or another appropriate process can be used for analysis of the project's environmental effects; 4. Facilitate environmental assessment early in the design of a project; 5. Provide documentation of the factual basis for the findings in a Negative Declaration or Mitigated Negative Declaration that a project will not have a significant effect on the environment; 6. Eliminate unnecessary EIRs; and 7. Determine whether a previously prepared EIR could be used with the project. AGENDA ITEM N0. "24 _____ PAGE,_„29- �E� City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Zoning Ordinance Amendment No. 2007 -02 2. Lead Agency Name and Address: City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 3. Contact Person and Phone Number: Tom Weiner, Planning Manager (951) 674 -3124 4. Project Location: Citywide in all Commercial and Industrial Zones 5. Proiect Applicant Name and Address: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 6. General Plan Designation(s): Mixed Use, Neighborhood Commercial, Tourist Commercial, General Commercial, Commercial Office, Freeway Business, Limited Industrial, and Business Park. 7. Zoning. C -O (Commercial Office District), C -1 (Neighborhood Commercial District), C -2 (General Commercial District), C -P (Commercial Park District), C -M (Commercial Manufacturing District), M -1 (Limited Manufacturing District), and M -2 (General Manufacturing District). 8. Description of Proiect: To amend portions of the following Lake Elsinore Municipal Code Chapters in order to modify the minimum on -site landscape coverage percentage requirements within commercial and industrial zones: Chapter 17.40 (C -O Commercial Office District), 17.44 (C -1 Neighborhood Commercial District), Chapter 17.48 (C -2 General Commercial District), Chapter 17.52 (C -P Commercial Park District), Chapter 17.54 (C -M Commercial Manufacturing District), Chapter 17.56 (M -1 Limited Manufacturing District), and Chapter 17.60 (M -2 General Manufacturing District). 9. Surrounding Land Uses and Setting: Varies by location as Zoning Ordinance Text Amendment No. 2007 -02 applies C_ itywide to all properties in Commercial and Industrial zones. 2 AGENDA ITEM NO. PAGE—,:P-3 -OF (k- - City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 10. Other agencies whose approval is required (e , permits, financing approval, or Participating agreement): None. A AGENDA ITEM N0. 2"f PACE al-i_OF (.Q-I_ City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Biological Resources ❑ Hazards & Hazardous Materials ❑ Mineral Resources ❑ Public Services ❑ Utilities /Service Systems ❑ Agricultural Resources ❑ Air Quality ❑ Cultural Resources ❑ Geology /Soils ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Noise ❑ Population/Housing ❑ Recreation ❑ Transportation/Traffic ❑ Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ® I find the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the project could have a significant effect on the environment there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Tom Weiner Print Name May 1, 2007 Date Planning Manager, City of Lake Elsinore Title AGENDA ITEIM N0. ` nil -i PAGE S OF__L1% 4 City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 ENVIRONMENTAL IMPACT EVALUATION CHECKLIST 1. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project - specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project - specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project- level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," cited in support of conclusions reached in other sections may be cross - referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used — Identify and state where they are available for review. b. Impacts Adequately Addressed— Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures —For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. The explanation of each issue should identity: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. - - - , 5 AGENDA ITEM NO. PACE City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 A. AESTHETICS Would the project: 1. Have a substantial adverse effect on a scenic vista? 2. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and r] historic buildings within a state scenic highway ?) 3. Substantially degrade the existing visual character or quality of the site and its 1:1 surroundings ?) ❑ ❑ ❑ ❑ N Ift'31 4. Create a source of substantial light or glare, which would adversely affect day or nighttime ❑ ❑ ❑ views in the area? B. AGRICULTURAL RESOURCES* Potentially Less Than Less than Significant Significant Significant NO Impact 5 G � 7. Would the project: Impact With Mitigation Potentially Less Than Significant Less than Significant With Significant No Impact Impact Mitigation Impact ❑ (Farmland), as shown on the maps prepared ❑ ❑ 2. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and r] historic buildings within a state scenic highway ?) 3. Substantially degrade the existing visual character or quality of the site and its 1:1 surroundings ?) ❑ ❑ ❑ ❑ N Ift'31 4. Create a source of substantial light or glare, which would adversely affect day or nighttime ❑ ❑ ❑ views in the area? B. AGRICULTURAL RESOURCES* Potentially Less Than Less than Significant Significant Significant NO Impact 5 G � 7. Would the project: Impact With Mitigation Impact Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared El ❑ F] pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? Conflict with existing zoning for agricultural El F] ❑ use, or a Williamson Act contract? Involve other changes in the existing environment, which, due to their location or El El F1 nature, could result in conversion of Farmland, to nonagricultural use? * In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural and farmland. 6 i AGENDA ITEM N0. PAGEP-:R7 of _� City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 C. AIR QUALITY* Potential) Potentially Less Than Significant Less than Significant Would the project: Significant Impact with Significant Impact No Impact 8. Conflict with or obstruct implementation of the a Mitigation ❑ ❑ directly or through habitat modifications, on applicable air quality plan? any species identified as a candidate, 9. Violate any air quality standard or contribute F1 171 regional plans, policies, or regulations, or by substantially to an existing or projected air the California Department of Fish and Game quality violation? 10. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 11. Expose sensitive receptors to substantial F] ❑ a pollutant concentrations ?) 12. Create objectionable odors affecting a ❑ F] F1 number of people ?) * Where available, the significant criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. D. BIOLOGICAL RESOURCES Potentially Less Than Less than Significant Significant with Significant No Impact Would the project: Impact Mitigation Impact 13. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or F1 171 regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 14. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional F] F] F] plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ? ACENDA ITEM N0. 2 PACE a--V - OF_ ! — City of Lake Elsinore Zoning Ordinance Text Amendment No, 2007 -02 May 1, 2007 D. BIOLOGICAL RESOURCES Potentially Less Than Less than Less Than Would the project: Significant Significant With Significant No Impact Impact Impact Would the project: Mitigation 15. Have a substantial adverse effect on federally No Impact protected wetlands as defined by Section 404 Mitigation of the Clean Water Act (including, but not limited F] 19. to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? F] 16. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native ❑ ❑ a 20. resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 17. Conflict with any local policies or ordinances protecting biological resources, such as a tree E preservation policy or ordinance? 18. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other El F El approved local, regional, or state habitat conservation plan? E. CULTURAL RESOURCES Potentially Less Than Less than Would the project: Significant Impact Significant With Significant Impact No Impact Mitigation 19. Cause a substantial adverse change in the significance of a historical resource as defined F] F] F in § 15064.5? 20. Cause a substantial adverse change in the significance of an archaeological resource F1 pursuant to §15064.5? 21. Directly or indirectly destroy a unique paleontological resource or site or unique F] El F geological feature? 22. Disturb any human remains, including those interred El F1 ❑ outside of formal cemeteries? AGENDA ITEM NO.--24- 8 PAGE ©E City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 F. GEOLOGY AND SOILS Potentially Less Than Less than Would the project: Significant Impact Significant With Significant Impact No Impact Mitigation 23. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: a. Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the ❑ ❑ ❑ State Geologist for the area or based on other substantial evidence of known fault? Refer to Division of Mines and Geology Special Pub. 42. b. Strong seismic ground shaking? F] ❑ ❑ c. Seismic - related ground failure, including liquefaction? ❑ ❑ ❑ d. Landslides? ❑ ❑ ❑ 24. Result in substantial soil erosion, or the loss of ❑ ❑ ❑ topsoil? 25. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in n F1 on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse 26. Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? ❑ ❑ ❑ 27. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not ❑ .available for the disposal of waste water? 9 AGENDA 1T00 NO.-- OF 2'_'f PAGE_y SQ �L City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May i, 2007 G. HAZARDS AND HAZARDOUS MATERIALS Potentially If Than Less than Significant Significant Significant No Impact With Would the project: Impact Mitigation Impact 28. Create a significant hazard to the public or the environment through the routine transport, use ❑ ❑ ❑ or disposal of hazardous materials? 29. Create a significant hazard to the public or the environment through reasonably foreseeable up -set and accident conditions involving the ❑ ❑ F1 release of hazardous materials into the environment? 30. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? 31. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 32. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 33 For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 34. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 35. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 10 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ VN AGENDA 6ir►°-A NO._2�1 PACE �J 1 _OF��_ City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 H. HYDROLOGY AND WATER QUALITY Potentially Less Than Less than Would the project: Significant Significant With Significant No Impact Impact impact Mitigation 36. Violate any water quality standards or waste discharge ❑ ❑ ❑ requirements? 37. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production El n rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 38. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or El ❑ F] substantially increase the rate or amount of surface runoff in a manner which would result in substantial erosion or siltation on- or off -site? 39. Create or contribute runoff water, which would exceed the capacity-of existing or planned storm ❑ ❑ ❑ water drainage systems or provide substantial additional sources of polluted runoff? 40. Otherwise substantially degrade water quality? E El F 41. Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard ❑ a ❑ Boundary or Flood Insurance Rate Map or other flood hazard delineation map? 42. Place within a 100 -year flood hazard area structures which would impede or redirect flood F1 n F flows? 43. Expose people or structures to a significant risk of loss, injury or death involving flooding, ❑ ❑ ❑ including flooding as a result of the failure of a levee or dam? 44. Inundation by seiche, tsunami, or mudflow? F F AGENDA I Ef-,A ND. 11 City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 I. LAND USE AND PLANNING Would the project: 45. Physically divide an established community? 46. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 47. Conflict with any applicable habitat conservation plan or natural community conservation plan? J. MINERAL RESOURCES Would the project: 48. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? 49. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? K. NOISE Would the project result in: 50. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 51. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? 12 Potentially Less Than Significant Less than Significant With Significant No Impact Impact Mitigation Impact El F] ❑ ❑ ❑ ❑ ❑ ❑ ❑ Potential( Less Than Less than Significant Significant Significant No Impact I With mpact Mitigation Impact ❑ ❑ ❑ ❑ ❑ ❑ Potentially Less Than Less than Significant Significant Significant No Impact With Impact Mitigation Impact /l ❑ ❑ r--1 � AGENDA ITEM NO.� �---- City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 K. NOISE Would the project result in: 52. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 53. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels without the project? 54. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 55. For a project located within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? L. POPULATION AND HOUSING Would the project: 56. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through an extension of roads or other infra - structure)? 57. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? 58. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentials Less Than Less than Significant Significant Significant No Impact Impact With Mitigation Impact -� M -14 ❑ ❑ ❑ ❑ ❑ ❑ Potentially Less Than Less than Significant Significant With Significant No Impact Impact Mitigation Impact 13 AGENDA ITEM No. 2.A PACE Z)�J OF_( _% - City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 M. PUBLIC SERVICES* Potentially ess Than Less than Significant Would the project result in substantial adverse Significant Impact Significant with Significant Impact No Impact Mitigation physical impacts to the following: Mitigation 59. Fire protection? F1 F] F] VN 60. Police protection? F-1 ❑ ❑ 61. Schools? vehicle trips, the volume to capacity ratio on 62. Parks? roads, or congestion at intersections)? 63. Other public facilities? * Include potential effects associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services. ITEM NO._ 14 N. RECREATION Potentially Less Than Significant Significant Impact With Mitigation Less than Significant No Impact Impact 64. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial El F] n physical deterioration of the facility would occur or be accelerated? 65. Does the project include recreational facilities or require the construction or expansion of El F] El recreational facilities, which might have an adverse physical effect on the environment? O. TRANSPORTATION/TRAFFIC Potentially Less Than Less than Significant Significant With Significant No Impact Would the project: Impact Mitigation Impact 66. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a F-1 ❑ ❑ substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 2-`1 AGENDA ITEM NO._ 14 PAGiE�� _®F City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 O. TRANSPORTATION/TRAFFIC Would the project: 67. Exceed, either individually or cumulatively, a level of service standard established by the County congestion management agency for designated roads or highways? 68. Result in a change in traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 69. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 70. Result in inadequate emergency access? 71. Result in inadequate parking capacity? Potentially Less Than Less than Significant Significant Significant No Impact Impact With Mitigation Impact ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 72. Conflict with adopted policies, plans or programs supporting alternative transportation ❑ (e.g., bus turnouts, bicycle racks)? P. UTILITIES AND SERVICE SYSTEMS Would the project: 73. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 74. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 75. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 76. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 1111 111 3, .Potentially Less Than Less than Significant Significant Significant No Impact Impact With Impact Mitigation 15 0� // ❑ ❑ n AGENDA ITEM NO. --2y. pAr;r, 3(o OF (e -7- City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May t, 2007 P. UTILITIES AND SERVICE SYSTEMS Potentially ess Than Less than Less Than Significant Significant Significant No Impact With Impact Impact Mitigation Potentially Significant Significant With Less than Significant No Impact Would the project: Impact Mitigation Impact below self - sustaining levels, threaten to 77. Result in a determination by the wastewater eliminate a plant or animal community, reduce the number or restrict the range of rare or treatment provider, which serves or may serve important examples of the major periods of California history or prehistory? the project that it has adequate capacity to serve El ❑ F] the project's projected demand in addition to the means that the incremental effects of a project ❑ ❑ a are considerable when viewed in connection provider's existing commitments? with the effects of past projects, the effects of other current projects, and the effects of 78. Be served by a landfill with sufficient permitted 82. Does the project have environmental effects, which will cause substantial adverse effects on capacity to accommodate the project's solid El El F waste disposal needs? 79. Comply with federal, state, and local statutes ❑ ❑ ❑ and regulations related to solid waste? Q. MANDATORY FINDINGS OF Potentially ess Than Less than SIGNIFICANCE Significant Significant Significant No Impact With Impact Impact Mitigation 80. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to El ❑ F] eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 81. Does the project have impacts that are individually limited, but cumulatively considerable ( "Cumulatively considerable" means that the incremental effects of a project ❑ ❑ a are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? 82. Does the project have environmental effects, which will cause substantial adverse effects on El El F human beings, either directly or indirectly? -End of Environmental Impact Evaluation Checklist - 16 AGENDA ITEM NO. PAGE OF7 City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 ENVIRONMENTAL IMPACT EVALUATION DISCUSSION The following is a discussion of the potential impacts associated with the approval of the proposed project, as identified in the above Environmental Impact Evaluation Checklist. Explanations are provided for each item below. A. AESTHETICS. Would the proposal. 1) Have a substantial adverse ef)ect on a scenic vista? No Impact: The project proposes an amendment to the City's minimum on -site landscape percentage requirements within commercial and industrial zones. Therefore, the project will have no impact to any scenic resources Mitigation Measures: None. 2) Substantially damage scenic resources, including but not limited to trees rock outcroppings and historic buildings within a state scenic highway No Impact. The project proposes an amendment to the City's minimum on -site landscape percentage requirements within commercial and industrial zones. Therefore, the project will have no impact to any scenic resources, including, but not limited to, trees, rock outcroppings and historic buildings within a scenic highway. Mitigation Measures: None. 3) Substantially degrade the existing visual character or quality of the site and its surroundings? No Impact: The proposed text amendment involves no physical development and is limited to modifying the minimum on -site percentage landscape requirements within commercial and industrial zones. Therefore, the project will not substantially degrade the existing visual character or quality of a site and its surroundings, and the project will have no impacts. Mitigation Measures: Nonce 4) Create a new source of substantial light or glare which would adversela ect day or nighttime views in the area? No Impact: Please refer to A -3 above. AGENDA ITEM NO. �� _ 17 PAGE City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 Mitigation Measures: None. B. AGRICULTURAL RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: S) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agenm to non - agricultural use? No Impact: The project proposes an amendment to portions of the City's minimum on -site landscape percentage requirements within commercial and industrial zones. Therefore, no relationship exists between the project and the conversion of farmland to urban uses. Mitigation Measures: None. 6) Conflict with existing zoning for a —aricultural use, or a Williamson Act contract? No Impact: Refer to response to B -5 above. Mitigation Measures: None. 7) Involve other changes in the exisaw environment, which due to their location or nature, could result in the conversion of Farmland, to non - agricultural use? No Impact: Refer to response B -5 above. Mitigation Measures: None. C. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: 8) Conflict with or obstruct implementation of the applicable air qualitYnlan? No Impact. The project proposes an amendment to portions of the City's minimum on -site landscape percentage requirements within commercial and industrial zones. The project would not change existing land uses contained in the City's General Plan or have any direct impacts on local air quality. AGENDA F&A NO. 9—q PAGE�J OF �Ca� City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 Mitigation Measures: None. 9) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? No Impact. Refer to response C -8 above. Mitigation Measures: None. 10) Result in a cumulatively considerable net increase of any criteria pollutant for which the protect region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? No Impact: Refer to response C -8 above. Mitigation Measures: None. 11) Expose sensitive receptors to substantial pollutant concentrations? No Impact: Refer to response C -8 above. Mitigation Measures: None. 12) Create objectionable odors affecting�a substantial number of people? No Impact: Refer to response C -8 above. Mitigation Measures: None. D. BIOLOGICAL RESOURCES. Would the project: 13) Have a substantial adverse ef]`ect, either directly or through habitat modifications, on anx species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the Cali ornia Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact: The proposed project is a regulatory change to sections of the City's minimum on- site landscape percentage requirements within commercial and industrial zones. Therefore, the project will have no impact on any property, nor impact any sensitive plant or animal habitat. Likewise, there will be no conflict between the project and any adopt AGENDA ITEM NO. —24 PAGE�U _C9r 19 City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 state or federal policy, goal, or plan pertaining to the preservation and/or conservation of biological resources in the City of Lake Elsinore. Mitigation Measures: None. 14) Have a substantial adverse e ect on any iparian habitat or other sensitive natural community identified in local or regional plans, policies regulations or by the California DfRartment of Fish and Game or U.S. Fish and Wildlife Service? No Impact: Refer to response D -13 above. Mitigation Measures: None. 15) Have a substantial adverse efJ`ect on ederall� protected wetlands as defined by Section 404 o the Clean Water Act (including, but not limited to, marsh, vernal pool coastal etc.) through direct removal, filling, hydrological interruption, or other means? No Impact: Refer to response D -13 above. Mitigation Measures: None. 16) Interfere substantially with the movement of any native resident or mi atory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites? No Impact: Refer to response D -13 above. Mitigation Measures: None. 17) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact: Refer to response D -13 above. Mitigation Measures. None. 18) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact: Refer to response D -13 above. 20 AGEIADA ITE -i NO. V2-A' PAGE_ Lf [ City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 Mitigation Measures: None E. CULTURAL RESOURCES. Would the project: 19) Cause a substantial adverse change in the signiFcance of a historical resource as de fined in CEQA Guidelines §15064.5? No Impact: The project proposes an amendment to portions of the City's minimum on -site landscape percentage requirements within commercial and industrial zones. Additionally, this project involves no physical land use changes within the City of Lake Elsinore. Therefore, the project would have no impact on cultural resources. Mitigation Measures: None. 20) Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines V5064.5? No Impact: Refer to response E -19 above. Mitigation Measures: None. 21) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Impact: Refer to response E -19 above. Mitigation Measures: None. 22) Disturb any human remains, including those interred outside of formal cemeteries? No Impact. Refer to response E -19 above. Mitigation Measures: None. F. GEOLOGY AND SOILS. Would the project: AGENDAi►ENI, NQ. ZL _ 21 PAGE 4 a OF (Q �- City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 23) Ezpose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving.• a.) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and GeologLSpecial Publication 42. No Impact: The proposed amendment would make minor adjustments to the City's existing minimum landscape percentage requirements within commercial and industrial zones. There are no associated physical changes in land use proposed at this time that would cause impacts related to geology and soils. Therefore, the proposed project would have no potential for geology or soils related impacts. Mitigation Measures: None. b.) Strong seismic ground shaking? No Impact: Refer to response F -23 (a) above. Mitigation Measures: None. c.) Seismic - related ground failure, including liquefaction? No Impact. Refer to response F -23 (a) above. Mitigation Measures: None. d.) Landslides? No Impact: Refer to response F -23 (a) above. Mitigation Measures: None. 24) Result in substantial soil erosion or the loss of topsoil? No Impact. Refer to response F -23 (a) above. Mitigation Measures: None. 22 AGENDA ITEM Na �r FAGS 0 ___iQ City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 25) Be located on a geologic unit or soil that is unstable, or would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? No Impact: Refer to responses F -23 (a). Mitigation Measures: None. 26) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? No Impact. Refer to response F -23 (a) above. Mitigation Measures: None. 27) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? No Impact. Refer to response F -23 (a) above. Mitigation Measures: None. G. HAZARDS AND HAZARDOUS MATERIALS. Would the project. 28) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? No Impact: The project proposes an amendment to portions of the City's minimum on -site landscape percentage requirements within commercial and industrial zones and in no way involves or affects the routine transport, use, or disposal of hazardous materials. Therefore, the project would have no impacts. Mitigation Measures: None. 29) Create a significant hazard to the public or the environment through reasonabl y ,foreseeable upset and accident conditions involving the release of hazardous materials into the environment? No Impact: Refer to response G -28 above. AGENDA ITEM NO. 23 PAGE_ ®E_ ,�� _ City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 Mitigation Measures: None. 30) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existinz or proposed school? No Impact: Refer to response G -28 above. Mitigation Measures: None. 31) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact. The project proposes an amendment to portions of the City's minimum on -site landscape percentage requirements within commercial and industrial zones. Therefore, no impacts would occur. Mitigation Measures: None. 32) For a project located within an airport hand use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the protect area? No Impact. Refer to response G -31 above. Mitigation Measures: None. 33) For a project within the vicinity ofaprivate airstrip, would the protect result in a safety hazard for people residing or working in the project area? No Impact. Refer to response G -31 above. Mitigation Measures: None. 34) Impair implementation of or physically inter ere with an adopted emergency response plan or emergency evacuation plan? No Impact: Refer to response G -31 above. Mitigation Measures: None. 24 AGENDA ITEM NO. 0 PAGE q"5_ 1 City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 35) Expose People or structures to a significant risk of loss iniury or death involving wildland fires including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact: Refer to response G -31 above. Mitigation Measures: None. H. HYDROLOGY AND WATER QUALITY. Would the project: 36) Violate any water quality standards or waste discharge requirements? No Impact. The project proposes an amendment to portions of the City's minimum on -site landscape percentage requirements within commercial and industrial zones. The proposed adjustments would have no effect on hydrology or water quality in the City of Lake Elsinore. Therefore, no impacts would occur. Mitigation Measures: None. 37) Substantially deplete groundwater supplies or interfere substantially with groundwater rechaMe such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted) No Impact: Refer to response H -36 above. Mitigation Measures: None. 38) Substantially alter the existing drainage pattern of the site or area including through the alteration of the course of stream or river, or substantially increase the rate or amount of the surface runo ff in a manner, which would result in substantial erosion or siltation on- or o -site No Impact: Refer to response H -36 above. Mitigation Measures: None. 39) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? 25 ACENDA 1TEN No. 2--` PACE'- 6 OF� City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 No Impact: Refer to response H -36 above. Mitigation Measures: None. 40) Otherwise substantial y degrade water quality? No Impact: Refer to response H -36 above. Mitigation Measures: None. 41) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate May or other flood hazard delineation map? No Impact: Refer to response H -36 above. Mitigation Measures: None. 42) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? No Impact. Refer to response H -36 above. Mitigation Measures: None. 43) Expose people or structures to a significant risk of loss iniury or death involving floodin& including flooding as a result of the failure of a levee or dam? No Impact: Refer to response H -36 above. Mitigation Measures: None. 44) Inundation by seiche, tsunami, or mud flow? No Impact. Refer to response H -36 above. Mitigation Measures: None. I. LAND USE AND PLANNING. Would the project: 26 AGENDA ITB.4 NO. City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 45) Physically divide an established community? No Impact. The project proposes an amendment to portions of the City's minimum on -site landscape percentage requirements within commercial and industrial zones. It does not involve permanent or physical separation of the community. Therefore, the proposed text amendment would have no associated impacts. Mitigation Measures: None 46) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan speci cc plan local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental affect? No Impact. The project proposes an amendment to portions of the City's minimum on -site landscape percentage requirements within commercial and industrial zones. Therefore the proposed amendment would have no impact to any plan, policy or regulation adopted for the purpose of avoiding or mitigating an environmental affect. Mitigation Measures: None. 47) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact: Refer to response D -13 above. Mitigation Measures: None. J. MINERAL RESOURCES. Would the project: 48) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact: The project proposes an amendment to portions of the City's minimum on -site landscape percentage requirements within commercial and industrial zones. Therefore, no alternation or loss of a known mineral resource would occur. Mitigation Measures: None. 27 AGENDA ITEM NO. 2(4- PAGE OF Cry_% City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 49) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. Refer to response J48 above. Mitigation Measures: None. K NOISE. Would the project result in: 50) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies No Impact. The proposed Zoning Ordinance Text Amendment will not expose persons to the generation of excess noise levels, ground borne vibration, or increase ambient noise in the City of Lake Elsinore. The amendment does not involve any development that would impact noise levels in the City. The proposed amendment does not alter any noise - related regulations found in the Municipal Code or General Plan and would not lead to a change in the generation of noise. Therefore, no impact to noise levels would occur. Mitigation Measures: None. 51) Exposure of persons to or generation of excessive Qroundborne vibration or groundborne noise levels? No Impact: Refer to response H -50 Mitigation Measures: None. 52) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the proiect? No Impact: Refer to response H -50 above. Mitigation Measures: None. 53) A substantial temporary or periodic increase in ambient noise levels in the proiect vicinity above levels existing without the project? No Impact: Refer to response H -50 above. AGENDA ITEM NO. "--I 28 PAGEA_OF— _�O City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 Mitigation Measures: None. 54) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of public airport or public use airport would the protect expose people residing or working in the protect area to excessive noise levels No Impact: The project consists of a Municipal Code amendment and does not involve any physical development. Moreover, the modification of existing minimum landscape percentage requirements for commercial and industrial zones will have no affect related to the City's existing private use airport or noise levels associated thereto. Mitigation Measures: None. 55) For a protect within the vicinity of a private airstrip would the protect expose people residing or working in the project area to excessive noise levels? No Impact: Refer to response H -54 above. Mitigation Measures: None. L. POPULATION AND HOUSING. Would the project: 56) Induce substantial population growth in an area either directly (for example b� proposing new homes and businesses) or indirectly { or example through extension of roads or other infrastructure)? No Impact: The purpose of Zoning Ordinance Text Amendment No. 2007 -02 is to allow for modifications to the minimum landscape percentage requirements for commercial and industrial development. The proposed amendment to the Municipal Code would not induce substantial population growth in the City, either directly or indirectly nor would it cause displacement of existing homes or residents. The proposed project is a regulatory adjustment and does not include any physical development activities. Therefore, the proposed amendment would have no significant impact on population and housing. Mitigation Measures: None. AGENDA ITEM N. 29 PACE ')F Ce % City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 57) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact: Refer to response L -56 above. Mitigation Measures: None. 58) Displace substantial numbers of people necessitating the construction of replacement housing elsewhere? No Impact. Refer to response L -56 above. Mitigation Measures: None. M. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision o new or physically altered governmental facilities need for new or physically altered governmental facilities the construction of which could cause significant environmental . impacts in order to maintain acceptable service ratio response times or other performance objectives for any of the public service: 59) Fire protection? No Impact. The proposed project is a regulatory adjustment and does not involve any development. Therefore, the project will have no impact on the City's public services. Mitigation Measures: None 60) Police protection? No Impact. Refer to response M -59 above. Mitigation Measures: None. 61) Schools? No Impact: Refer to response M -59 above. 30 :AGENDA ITEM NO PAGE 5 [ � 7 _ City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 Mitigation Measures: None. 62) Parks? No Impact: The proposed amendment to the City's Municipal Code will not have an affect on the number of persons using public parks. Therefore, the proposed amendment would have no impacts on parks. Mitigation Measures: None. 63) Other Public Facilities? No Impact. Refer to response M -59 and M -62 above. Mitigation Measures: None. N. RECREATION 64) Would the proposed project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No Impact. Refer to response M -59 and M-62 above. Mitigation Measures: None. 65) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse effect on the environment? No Impact. Refer to response M -59 and M -62 above. Mitigation Measures: None. O. TRANSPORTATION/TRAFFIC. Would the project: 66) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system tie result in a substantial increase in either the number of vehicle trips the volume to capacity ratio on roads or congestion at intersections)? AGENDA ITEM NO. 31 PACE , - P (.Q%� City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 No Impact: The proposed amendment is only related to the modification of existing minimum landscape requirements for commercial and industrial zones. The project would not require the construction of new roads nor induce additional use of public /private roads. Therefore, the project would have no impact. Mitigation Measures: None. 67) Exceed either individually or cumulatively, a level of service standard established by the county congestion management agency- or designated roads or highways? No Impact. Refer to response M-66 above. Mitigation Measures: None. 68) Result in a change in traffic patterns including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact: Refer to response M-66 above. Mitigation Measures: None. 69) Substantially increase hazards due to a desk feature (e.g,_ sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact. Refer to response M -66 above. Mitigation Measures: None. 70) Result in inadequate emergency access? No Impact: Refer to response M-66 above. Mitigation Measures: None. 71) Result in inadequate parking capacity? No Impact: The proposed Zoning Ordinance Text Amendment would increase the percentage of required on -site landscaping for commercial and industrial development. The proposed Text AGENDA ITEM ND. 32 PAGE .0E2_1 .� City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 Amendment applies to new development and establishes guidelines to incorporate adequate on- site landscaping. Therefore, the proposed amendment will not result in inadequate parking capacity. Mitigation Measures: None. 72) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? No Impact. The proposed amendment modifies zoning criteria related to minimum on -site landscaping requirements for commercial and industrial zones. Therefore, no relationship exists between the project and planning for alternative transportation modes. Mitigation Measures: None. P. UTILITIES AND SERVICE SYSTEMS. Would the project: 73) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact: The proposed amendment modifies zoning criteria related to minimum on -site landscaping percentage requirements in commercial and industrial zones. Therefore, no relationship exists between the project and the environmental issue identified above. Mitigation Measures: None. 74) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities the construction of which could cause significant environmental effects ? No Impact: Refer to response P -73 above. Mitigation Measures: None. 75) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities. the construction of which could cause significant environmental effects? No Impact: Refer to response P -73 above. Mitigation Measures: None. 33 AGENDA ITEM NO►. PACE V '[ OF (0 7 City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May t, 2007 76) Have sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? No Impact. Refer to response P -73 above. Mitigation Measures: None. 77) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's protected demand in addition to the provider's existing commitments? No Impact. Refer to response P -73 above. Mitigation Measures: None. 78) Be served by a lanCill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? No Impact: Refer to response P -73 above. Mitigation Measures: None. 79) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact: Refer to response P -73 above. Mitigation Measures: None. Q. MANDATORY FINDINGS OF SIGNIFICANCE. 80) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitats a fish or wildlife species cause a _ish or wildlife p ulation to drop below self - sustaining levels threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? No Impact: The project involves regulatory changes to the Municipal Code and no physical development activity that could affect biological resources. Therefore, the proposed amendment will have no impact on any sensitive plant or animal species or habitat. Likewise, there will be O ` 34 AGENDA ITEM N0. -1 PAGE55-. F �� City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 no conflict with any adopted city, county, regional, state or federal policies, goals, or plans pertaining to the preservation and/or conservation of biological resources in the City of Lake Elsinore. 81) Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of project are considerable when viewed in connection with the effects of past projects, the e ects of other current projects, and the effects of probable future projects)? No Impact: The project involves a Municipal Code amendment with no associated development activity and, as such, there are no related or cumulative projects to be considered. 82) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly No Impact: The proposed project is a Zoning Ordinance Text Amendment with no associated physical environmental effects. -End of Environmental Impact Evaluation Discussion - AGENDA ITEM N0. 2-4 35 PAGE_' ro OF , �g 7 . City of Lake Elsinore Zoning Ordinance Text Amendment No. 2007 -02 May 1, 2007 REFERENCES FOR ENIVRONMENTAL EVALUATION The following references were utilized during preparation of this Initial Study: 1) City of Lake Elsinore General Plan. "GENDA ITEM NO. 36 PACE —S-7 CITY OF LAKE LS I IYOK-E DREAM EXTREME. COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 130 South Main Street Lake Elsinore, CA 92530 (951) 674 -3124 Voice (951) 471 -1419 Fax NEGATIVE DECLARATION Project Entitlement No(s): Zoning Ordinance Text Amendment No. 2007 -02 _ Applicant: City of Lake Elsinore Address: 130 S. Main Street Lake Elsinore CA 92530 Project Location: Ci ^elide in the Commercial and Industrial Zones Project Description: A request to amend portions of Lake Elsinore Municipal Code Chapter 17.40 (C-0 Commercial Office) Chapter 17.44 (C -1 Neighborhood Commercial District) Chapter 17.48 (C- 2 (General Commercial District) Chapter 17.52 (C -P Commercial Park District) Chapter 17.54 (C -M Commercial Manufacturing District) Chapter 17.56 (M -1 Limited Manufacturing District), and Chapter 17.60 (M-2 General Manufacturing District) related to modifying the minimum on -site landscape percentage requirements for development in Commercial and Industrial zones. Based on the attached Initial Study prepared for this project, the City of Lake Elsinore has determined that there would be no significant, adverse, effect on the environment due to the scope of the project. All other materials that constitute the basis upon for determining to adopt this Negative Declaration are available for public review at the City of Lake Elsinore Planning Division, 130 South Main Street, Lake Elsinore, CA 92530. This document constitutes a Negative Declaration. RESPONSIBLE AGENCIES (i.e., any agency that has discretionary approval power over the project): City of Lake Elsinore TRUSTEE AGENCIES (i.e., the California Department of Fish and Game, State Lands Commission, State Department of Parks and Recreation, and University of California): None Notice Pursuant to Section 21092.5 of the Public Resources Code: A public hearing before the Planning Commission will be held on May 1, 2007 at 6:00 p.m. at the City of Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, CA 92530 to consider this project. At that time, all interested parties are welcome to address the Planning Commission on this matter. Prior to the public hearing, the public is invited to submit written comments on the proposed Negative Declaration to the Planning Division, attention Tom Weiner, Planning Manager, 130 South Main Street, Lake Elsinore, CA 92530 or phone (951) 674 -3124. Tom Weiner, Planning Manager April 17, 2007 Date AGENDA ITEM N0..�- -�.- -- PAGE C/ of A -rTA "M£► - T2— Public Hearing Items 4. Zoning Ordinance Text Amendment No. 2007 -02; A request to amend portions of the Lake Elsinore Municipal Code related to the modification of the minimum on -site landscape coverage percentage requirements within Commercial and Industrial zones. Director of Community Development Preisendanz provided a brief ,overview of the Zoning Ordinance Text Amendment No. 2007 -02 and asked Planning.. 1Vlanage Weiner to review it with the Commission and answer questions. Planning Manager Weiner said late last year the gaping `rift ements for both Commercial and Industrial projects were modified endment 2006 -02 by the City Council at the recommendation of the Pl g Co Sion. 'Iha ge increased the requirement from ten percent (10 %) to ercent 0 %) for Co dial projects and from what was eight percent (8 %) to twenty pe 2 0 or Industri al rojects. This Ordinance has been in effect since January of this yea the time of adoption; it became evident that not all applicants in the ytocess were f ware of the magnitude of the change. In late January, the City broug 'ihkdevelopers and . rtx owners to Qty Hall and went over the changes with them and a"" . k from the garding the changes and what impact it would have on them. Thee ,were : - ro ecf applicants that were in full understanding of the ch and they ac c y di ` ge the design of their project while they were in the s e develop e architec and property owners that were at the City Hall mee ' had c erns reg the landscaping requirement being too stringent, inhibiting t o square Age on their properties, as well as future interpretation of the some of that is offered for the landscaping requiremen;e desi ues c 'th and enhancements are made to the site. Plannmggager r f stated that the provisions in the Ordinance related to decreaft the landsca ercen a still in the Ordinance. Therefore, the request in this `'Textmendment drop e Commercial landscaping percentage from twenty .�. percent (2C3 / "down to f "' n percent (15 %), and the Industrial landscaping percentage down from % 1y percen 0 %) down to twelve percent (12 %) with the provision for further reductio andsc uig still being available to a developer, if in fact, they are going with a more enha.ri� „ n. Chairman O'Neal asked if anyone would like to speak in favor, or in opposition of this. Daniel Uhlry, 137 E. Graham Avenue, Lake Elsinore, stated that the City Council made the landscaping requirements more stringent and said he was always in favor of landscaping, and now it seems like the developers are coming in and telling us what they want, instead of us telling them what we require. If the developer's site, in his opinion, is to the point where it is really constricting regarding the amount of landscaping, there is nothing that stops that Agenda Item No. Page_ of PAGE 2 - DRAFT PLANNING COMNIISSION MINUTES - May 1, 2007 developer from asking for a variance on that particular site. As far as an overall change, he thinks the City Council made the proper decision, and the Planning Commission should follow suit, with the exception of the Variance when needed and justified. Chairman O'Neal closed the Public Hearing at 6:38 pm. Commissioner's Comments Vice Chair Gonzales stated that it seems like a problem be 'e we are going from low, below ten percent (10 %) and then back to high and then ba�lcp again. It seems like we are going up and down. The person that is doing the pro* >s ge caught in the middle, which way does he go, down to the lower number, tielugher numl�rior just wait until it comes up. Chairman O'Neal clarified with Planning Manage einer,f K' at was adopteciy both this body nd City Council was perhaps a little bit too stf trrefore, there isa modification Y tY that is happening. y Planning Manager Weiner elaborated b g: e Ou treacRIV le main issue. The City did contact the developers that were ' the a, and e ed to them what was happening with the Landscaping Ordinanb' but 3' adopted it, some developers and architects came up q counter, e- d and c d and said that they were not advised /properly not an oked like it too much. Therefore, the City brought them in and asked,,., what d mechanisms in the °' ce t : r needed. The developers percentag viz 1) C meetinzYwe mail tvelop be an eq - ble solution even though there were some wide retie zz, em when landscaping reductions are 3) different occasions about bringing the aty meeting in January, 2) Quarterly Developer's re also given the specific dates for hearings. Ch'Neal reitera y ` that was a compromise of a settlement between the developers the City, n; ?necessarily the developers dictating one thing, but making a request and the? accommodating it. Chairman O'Neal asked Planning Manager Weiner if this was the c;9001 "t Planning Manager W'iiier said yes. Vice Chair Gonzales asked Planning Manager Weiner what happens to the developers that got their projects approved two (2) months ago, and now the City has lowered the landscaping. Do they have to come back and ask for a change in the landscaping? Agenda Item No. _ `] Page_ (� O of i PAGE 3 - DRAFT PLANNING GOIVMSSION MINUTES - May 1, 2007 Planning Manager Weiner said no, the developers wouldn't return to the Planning Commission unless they wanted to. Even though they met the requirement that is in place now, the requirement is going lower so they would remain above the minimum requirement. If they wanted to come back to reduce it and still meet minimum Code requirements they would have to come to the Commission because the final plan that was approved was at a certain percentage and it would have to stay that way to develop it, unless the Planning Commission approves a change. He also said unless there is a major issue with the project he doesn't know if developers will want to modify their plans whcAl, ey have full approvals in place because if they come back before the Commission, it1'pens up the box for new Conditions or other design issues if they want to start reduc .... capIng. Commissioner Mendoza said just because the deve f i don't seek iy financial benefit, there is no reason to lower the City's standards sasdit sounds �I �. the developers that are complaining about the standards. The has corm along way m seven (7) plus years, and he attributes this to the City Ccun d the sff raising the s of the City and we should maintain the high standards an :,e > Atioris for anyon coming in. If the developers don't appreciate that, they don't have ome to this City because other developers will. Murrieta and Corona ,both building ou _ development is coming this way so whatever the developers end up . re should b i ndards that the City set forth. We already addressed this before t uncil bac d this and the developers came in and were concerned about staff at1g, interpretation. Comnussioner Mendoza further indicauntil there roblem, City should continue with their requirements and not ev yrs tell us abut our staff attrition or future interpretations. He thinks the to lid an foundation there, and future interpretation is just for record. Therefore; he F. sx�'t a < e with Lowe ' . Y e City standards, we should maintain a high standard. Co oner Zane ''\ he g s with Commissioner Mendoza. The City has grown so muclthe last few and e are doing is for the next generations of Lake Elsinore dents. He t a 1Q` of time in Irvine and he doesn't know what their landscaping uirements but at you see is major landscaping, trees, boulevards that are covered inetation its beautiful and they have shopping centers, industrial parks, etc. He doesn't the stndards should be cut back, he thinks we need to staythe course. Commissioner Floret/ called when this came up previously and he thinks the City should do the increase because additional landscaping in percentages was a great idea which was brought on by staff and City Council. To modify and reduce only tells him that he didn't do a very good job the fast time. He agrees with Commissioner Mendoza and Conunissioner Zanel is statements that we need these standards. Agenda Item No. q Page_ of lil PAGE 4 - DRAFT PLANNING COMMISSION MINUTES - May 1, 2007 Chairman O'Neal asked "What is a high standard ?" and "What constitutes a high standard? Does fifteen percent (15 %), twenty percent (20 %), twenty five (25 %)? The reason why he is in favor of this is that the staff has looked at this and made a recommendation that fifteen percent (15 %) and twelve percent (12 %) is a high standard and perhaps the City did overreach with the fifteen percent (15 %) and twenty (20 %) before. The City negotiated in good faith with a lot of the developers saying that it is a significant amount of money that the City is asking them to contribute. Commissioner Flores wanted to know what the Council's vote , on this issue in January? Chairman O'Neal ( ?) said 5 to 0. A Commissioner Mendoza asked Planning Mana g e 0weiner if there is reduction clause available to the developers, if they desire. Ther�re, the b ,qttom line is �£ �?sts: them too much to landscape, they can always utilize th c . to cu ack on the mc` ey used for landscaping. �... '� Planning Manager Weiner said that dice, the change was made, during the last ch; maintain flexibility in order to have some fountain, sculpture, or features that enha a compromise, reducin ro dscapin; contribute to the q o z�elopn Commissioner Flores twenty percent (20 %)? under gnda Item 4, i and a .d during ur Cotyards , crreati is inco ` rp orat' en the concern was go o ha interpretation. Manager is co rr That clause was there before it is still ;w: The staff wanted to ce the ign, whether it be a water dscaping can be met. It is re is some decorative elements that diner if there are adjustments within this t there is and there always has been. On page 4 of 53 s "A reduction in (landscape) coverage may be sought es ig Review process in recognition of quality design. e of ground floor public space, water elements, etc." If that sired landscaping can be brought down. The developers in the future if there is different staff that has a different Commissioner O'Neal said he had a problem with that clause although he would like there to be some flexibility. He would prefer to have a standard that is achievable and that people agree with rather than a standard that the developers try and get around. Agenda Item No. -1 Page (Q a— of ��1 PAGE 5 - DRAFT PLANNING COMMISSION MINUTES - May 1, 2007 Commissioner Flores asked Planning Manager Weiner if the City could keep the twenty percent (20 %) as is, yet modify some of the reductions during the time of negotiations when the City is dealing with the developer? Planning Manager Weiner said yes, the provision is there. Director of Community Development Preisendanz clarified to ( change is already in the Ordinance. You can currently reduce down if you provide art work and decorative flat work or spj reduce down from twenty percent (20 %) and currently, as p percent (15 %) in Commercial and go down from there, as ll. Commissioner Flores wanted to know if the City c.ff ma (20 %) if a developer comes in and says they will it at to abide by what they have today? nissioner Flores that the twenty percent (20 %) ing interesting, you can you can go from fifteen to keep k twenty percent y percent a, j) a is going Director of Community Development Preisendanz s that if they kept it at twenty percent (20 %) than the City could e ' at the provision � ouction. Chairman O'Neal said if you vote no the books now, remains. Commissioner Mend Development Preis,# approval and reduces (15 %) down to sever are 19c #X because of' const ''��. He doesn't leeway for``''`d would have to requirement or table design wise. iectine the and what is on his mite retation 8T what Director of Community t was tha if the Commission goes ahead with the elopers ca < duce it even more from fifteen percent ack to day one (1). *'h 's reasonable that when we look at reduction, we a of establishment that is being built and the site d go as low as seven percent (7 %) but there is )ropose something and ultimately the Planning Commission rhether they want to reduce it by one percent (1 %) from the 0 %) for that matter based on what they are bringing to the Director of Community Development Preisendanz said they have met with the developers based on the complaints and concerns that were expressed to staff and were told that the City went too far with twenty percent (20 %) and the developers would rather do less than fifteen percent (15 %). This was a mid ground to accommodate both the City and the development community. Agenda Item No. 2�- _-7 Page (0-3 _ v, PAGE 6 - DRAFT PLANNING COMMISSION MINUTES - May 1, 2007 Chairman O'Neal reiterated that it was a compromise between the City's desires for enhanced landscaping and the developer's desires to get away with as little as possible, and there has to be a solid reason to reduce to fifteen percent (15 %), or ten percent (10 %), etc., and that is what that clause is there for. Director of Community Development Preisendanz said in order to be proactive and reach out to the development community, the original Code was ten perce t (10 %), therefore, the City has come mid ground. There is always a negotiation in dey l `anent and that was the reason for this recommendation. Commissioner Flores asked why the Industrial developix'tw'nt re :ement was at twelve percent (12 %), and not at fifteen percent (15 %) ? 4$� Director of Community Development Preisend said Co ercial pro) e t more landscaping because of the nature of the a ment the Caty l for more landscaping, and Industrial projects do not focus on , inas much, ereby, the City is asking for the reduction. MOVED BY O'NEAL BY A VOTE OF 3 -2 T THE PLANNING CO S LAKE E , CALI TO T., I " .: COUN DE a.. "f f, O ZONING NT ' 0.2007 -02. D B 7-,IZALES, REON OF TY OF TIA, RHFOMMENDING OF LKKE ELSINORE ORDINANCE TEXT Agenda Item No.- Page (a q _ . of� A- r-rncut►e --r' 3 SRI Lake Elsinore, LLC Watersedge Elsinore Associates LLC ARI Chaney ason Kamm Dan Hamilton Rod Oshita 6661 Ventura Blvd. Ste 712 4060 Campus Drive, Suite 100 1601 No Sepulveda Blvd. #401 ;ncino CA 91436 Newport Beach, CA 92660 Manhattan Beach CA 90266 ;arl Johnson Fairway Commercial Konrad Rieger Ken Shultz 12 Chaney St, 1601 No, Sepulveda Blvd. #401 40440 Carmalita Cl ,ake Elsinore CA 92530 Manhattan Beach CA 90266 Temecula CA 92591 )ak Grove Equities Classic Pacific Classic Pacific Jlen Daigle Jennifer Wolf Gordon Craig ,5109 Jefferson St. Ste 305 3197 Airport Loop Dr. Bldg. B 3197 Airport Loop Dr. Bldg. B durrieta CA 92562 Costa Mesa CA 92626 Costa Mesa CA 92626 ;. Hovnanian Homes K. Hovnanian Homes K. Hovnanian Homes Angela Wilson Val Throckmorton Shelly Jordan 500 So. Haven Ave. Ste. 100 1500 So. Haven Ave. Ste. 100 1500 So. Haven Ave. Ste. 100 )ntario CA 91761 Ontario CA 91761 Ontario CA 91761 Wilding Industry Association South Shore Properties South Shore Properties :iverside County Chapter Jeannie Watson Robert Krause 891 11`h Street 6600 West Charleston Ste. 124 6600 West Charleston Ste. 124 :iverside CA 92501 Las Vegas NV 89146 Las Vegas NV 89146 ;MA Engineering K & A Engineering I . Martin Larry Stickney ' 357 N. Sheridan St. Ste 117 42 Calle Negocio Ste. 100 Corona CA 92880 ;an Clemente CA 92673 )rigin Properties DPFG, Inc. DPFG, Inc. 3rad Burns Sunit Patel Coffey Taylor .670 Crimson Canyon Dr. Ste. 110 27127 Calle Arroyo Ste. 1910 27127 Calle Arroyo Ste. 1910 .as Vegas NV 89128 San Juan Capistrano CA 92675 San Juan Capistrano CA 92675 )PFG, Inc. Hector H. Lara GBR Development 'orto Romano 28364 Vincent Moraga Dr. Ste. J Gerald B. Rauch .7127 Calle Arroyo Ste. 1910 Temecula CA 92590 11993 Magnolia Ave. Ste R :an Juan Capistrano CA 92675 Riverside CA 92503 TBR Development Jerald B. Rauch 1993 Magnolia Ave. Ste. R ;iverside CA 92503 AGENDA ITEM N®._,.,- PACE Page 1 of 2 A f i-r.:"metir Tom Weiner From: Bart Pebbles [ bpebbles @caliberretailproperties.com] Sent: Tuesday, May 15, 2007 11:08 AM To: Rolfe Preisendanz; Tom Weiner Cc: Wendy Worthey Subject: FW: Lake Elsinore - Landscaping Requirement Alert Hello Rolfe and Tom: With all due respect to those involved within the Planning Department, Planning Commission, and City Council, I wanted to share my view concerning increasing the landscape requirements for commercial projects, an agenda item within the upcoming PC meeting, Tuesday, May 22. My team will be out of town on May 20 -23, 2007, attending the International Council of Shopping Centers (ICSC) in Las Vegas, please know my position and goals regarding this issue for the upcoming Planning Commission Hearing topic involving increasing Landscaping Requirements. Everyone must take into account the difficult economic times right now! Home sales have virtually stopped! Construction costs are up; Drainage requirements are significant; Off -site costs are great in Lake Elsinore due to lack of pre- existing infrastructure; Development Impact Fees are up and climbing; Labor costs are up; Gas is up for contractors and employees to drive to job sites; Interest Rates have climbed in recent years! Yet, rents that retailers are paying are in a hold pattern! Retailers are stretched to their rent limits and Lake Elsinore is not first on the Retail Community's respective, " Wish- Lists "! As an example, Ross is interested in our Center, but will pay no more than $13.50 psf per year. This is the same amount they have paid over the last 7 years, yet since the early 2000's, development costs are up over 50 %! Best Buy, also interested at $16.50, but that rent has held since the early 2000's, and yet again, development costs are up more than 50 %. Presently, without additional creative input from the City, we cannot afford to accomodate either of these two quality retailers given the rise in development costs and development conditions associated with this center, (i.e., increases in building costs, on -site /off -site requirements, rising fees)! Also, we are seeing foreclosure rates on significant rise in So. Riverside County, and this is of growing concern within the retail community, as these residents will not be buying goods and services if they may be threatened of losing their homes! These are times when the City and the development community need to work together, considering all methods to entice further development, to stimulate more economic activity and development, to make the area even more fertile, more attractive and enticing, not throw up additional hurdles! Our goal is to develop a high quality, successful project for L.E. , reflecting an attractive design and retail mix! Our goal is to keep this property for the long term! However, given these tough times and economic challenges, many projects may have no choice but to be shelved for several years, without the support from Cities (i.e., credits, offsets, reimbursements, development agreements, creative relief from restrictive development conditions, tax incentives, etc.) AGENDA ITEM ' NO ._____`'t — PAGE��©F 5/15/2007 Page 2 of 2 As we all realize, the development process is a team approach; a partnership with Development Team, Tenant, and City working together to achieve a quality asset for the community! I know this City supports quality commercial development, and will do their best to accomodate and expedite, but we have significant economic challenges in today's times that everyone must be aware of, and the taking of additional land area is "yet another straw.... ". Also, please consider hardcape areas such as patios, people places, enhanced paving, fountains, art, shade structures, etc., to satisfy a percentage of landscaped areas as well, which I am confident the City realizes. Lastly, we would like to submit our one page development application to you this week in order to get the ball rolling with the city, to get the environmental process started, etc. Tom, I will call you later to confirm my understanding of this process. I would like to come in either Wednesday or Thursday to submit this Application. (Can you advise if there is a fee requirement with this one page submittal ?) Thank you for your time and consideration of my concerns. 5/15/2007 AGENDA ITEM NO- 0- ..r.. PAGE (e- J�OF�— CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MAY 229 2007 SUBJECT: EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 32077 PROJECT LOCATION The project site is located on the south side of the future extension of La Strada Road, west of Summerhill Drive, and adjacent to the existing Tuscany Hills community, and known as Assessor's Parcel No. 363 - 020 -008. BACKGROUND On June 28, 2005, the City Council approved Tentative Tract Map No. 32077, subdividing 140 acres of vacant land into 134 single family residential lots. More than half of the property, 85.58 acres of natural open space, was transferred to the City of Lake Elsinore for preservation purposes in accordance with the Donation Agreement executed with the City on February 28, 2006. On March 26, 2007, Pacific Coast Land Consultants, representing La Strada Partners, submitted an application for an Extension of Time on the map. Rough Grading Plans have already been prepared for the project, and according to Jei Kim, their engineer, grading shall commence within the next few months, just a few weeks after the expiration of the map on June 28, 2007. FISCAL IMPACT A Fiscal Impact Report (FIR) was prepared for the map in 2004, which stated that the project would generate an annual fiscal surplus to the City of approximately $395 per unit at build out, or $52,930 annually. However, the FIR anticipated build out by 2006 with an average market price of $550,000 per unit. Agenda Item No. Page 1 of J/ REPORT TO CITY COUNCIL EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 32077 MAY 22, 2007 PAGE 2 of 4 Because the positive fiscal impact was due in large part to the transfer of Community Facilities District revenues and Lighting and Landscape Maintenance District revenues into the General Fund, as well as the project's location outside of a redevelopment area, the project will still ensure that a greater share of the one percent property tax accrues to the City. DISCUSSION Since the approval of the tentative map, La Strada Partners has made two changes to its design. Both changes have been extensively reviewed by the City Engineer and the Director of Community Development. The City Engineer finds that with these revisions to the map, the map remains in substantial conformance to the originally approved map. Elsinore Valley Municipal Water District Pump Station At the request of the Water District, a pump station has been designed along the south side of the future extension of La Strada Road, within the map's Open Space Lot "C." To facilitate the maintenance of the pump station by District personnel, the City Engineer required that the map include a turnout for the unloading of maintenance vehicles to easily service the facility. To ensure integration and compatibility with the project's presentation on La Strada Road, the Planning Department required architectural enhancements to the front - facing wall and its roofline, including color accents and wrought iron features, as well as additional landscaping fronting La Strada Road, as the extension of the entry monumentatlon. Public vs. Private Streets In February of 2006, La Strada Partners requested that the project eliminate the entry gates and private streets, in order to: 1) respond to current market trends, 2) accommodate the extra utilities needed for the water reservoir, and 3) to reduce the number and height of retaining walls. This modification necessitated additional street widths, and the map yield has been reduced from 134 to 128 residential lots. Agenda Item No. 2C;__ Page 2 of 3l REPORT TO CITY COUNCIL EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 32077 MAY 22, 2007 PAGE 3 OF 4 Revised Conditions of Approval As a result of the above -noted changes, the Conditions of Approval for the map have been revised and updated, including wording of standard Conditions. RECOMMENDATION Pursuant to the California Subdivision Map Act Section 66452.6 and Section 16.24.160 of the Lake Elsinore Municipal code, conditionally approved tentative maps shall expire within twenty -four (24) months of City Council approval unless a final map has been filed with the County Recorder, or the land divider has applied for an extension for a period or periods not exceeding thirty -six (36) months. The Council may require that the land division conform to the applicable latest requirements in effect at the time an extension is granted. Staff recommends the City Council adopt Resolution No. 2007- ?)) , approving a one -year Extension of Time for Tentative Tract Map No. 32077, based on the Findings, Exhibit `B,' and the revised Conditions of Approval attached. PREPARED BY: CAROLE K. DONAHOE, AICP PROJECT PLANNER APPROVED FOR AGENDA LISTING: ROBERT A. BRADY, CITY MANAGER Attachments: 1. Exhibit `A' — Vicinity Map 2. Resolution of the City Council for approval of the Extension of Time for TTM 32077 a. Revised Conditions of Approval for Tentative Tract Map No. 32077 3. Exhibit `B' — Tentative Tract Map No. 32077 (Full -sized Enclosed) Agenda Item No. Page 3 of 3� REPORT TO CITY COUNCIL EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 32077 MAY 22, 2007 PAGE 4 OF 4 VTC':TNTTY MAP Agenaa item IN o. A Page 4 of d/ a�- y RESOLUTION NO. 2007- 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 32077 WHEREAS, an application has been filed with the City of Lake Elsinore by Jei Kim, L.S., of Pacific Coast Land Consultants, Inc., on behalf of La Strada Partners LLC, requesting approval of an Extension of Time for Tentative Tract Map No. 32077, a subdivision of 57.9 acres into 128 residential lots, a neighborhood park/recreational facility, water reservoir and basin site, and five (5) open space lots (the "Project "), located on the south side of the future extension of La Strada Road, west of Summerhill Drive, adjacent to the Tuscany Hills community to the east, and known as Assessor's Parcel No. 363 - 020 -008; and WHEREAS, the City Council of the City of Lake Elsinore, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), adopted Mitigated Negative Declaration No. 2005 -01 and the Mitigation Monitoring Program thereto, on June 28, 2005; and WHEREAS, public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed Project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines, Article 11, Section 15162 establishes the standard to be used when determining whether further environmental documentation is necessary and says that when an environmental document has already been adopted for a Project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the Project; and WHEREAS, the Project presents changes found to be in substantial conformance with the originally approved tentative tract map, and the Project does not present new information regarding the potential environmental impacts of development, and it is found that no further environmental review would be required; and Agenda Item No. Page -6- of —, CITY COUNCIL RESOLUTION NO. 2007- PAGE 2 OF 4 WHEREAS, notice of the Project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on May 22, 2007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed Extension of Time, and has found the map acceptable. SECTION 2. The City Council finds and determines that the Extension of Time for Tentative Tract Map No. 32077 proposes changes that are in substantial conformance to the originally approved map, and does not present any new information, circumstances, or changes to the Project that was analyzed under Mitigated Negative Declaration No. 2005 -01. The Extension of Time does not change density or intensity of use. It simply extends of the land use entitlement for an additional year, allowing the applicant twelve additional months to develop the property in accordance with conditions of approval. Therefore, it is not necessary to conduct any further environmental review for the Project. SECTION 3. That in accordance with Lake Elsinore Municipal Code Section 16.24, the City Council makes the following findings for the approval of the Extension of Time for one year for Tentative Tract Map No. 32077: 1. The Extension of Time for the subdivision known as Tentative Tract Map No. 32077 is consistent with the City's General Plan. The project as designed assists in achieving the development of a well - balanced and functional mix of land uses. The design of the subdivision and density are consistent with Amendment No. 3 to the Canyon Creek Specific Plan No. 85 -1, and therefore with the General Plan. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. a. The General Plan encourages clustered development to facilitate the conservation of identified wildlife corridors and habitat. Agenda Item No. Page 6 of &/ CITY COUNCIL RESOLUTION NO. 2007- PAGE 3 OF 4 b. The map provides open space areas that protect the natural topography and views. C. The project design and density is compatible with existing, adjacent residences. 3. The effects that this project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. a. The project is consistent with the City's General Plan. During the approval of the City's General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. b. The project was conditioned and has already annexed into Community Facilities District 2003 -01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. C. The map has been conditioned and has already annexed into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right -of- way landscaped areas to be maintained by the City, and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 4. The design of the proposed division of land or type of improvements are not likely to cause serious public health problems. Tentative Tract Map No. 32077 is conditioned to comply with all development standards of Amendment No. 3 to the Canyon Creek Specific Plan No. 85 -1. These standards have been prepared and reviewed to benefit the public health, safety and welfare. 5. The design of the proposed division of land or type of improvements will not conflict with easements acquired by the public at large, for access through or use of property within the proposed division of land. All known easements or requests for access have been incorporated into Tentative Tract Map No. 32077. The map has been circulated to City Agenda Item No. Page I_ of 3/ CITY COUNCIL RESOLUTION NO. 2007- PAGE 4 OF 4 departments and outside agencies, and appropriate conditions of approval have been applied for their approval during construction. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval imposed upon the Project, the City Council hereby approves the Extension of Time for one year for Tentative Tract Map No. 32077. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this twenty- second day of May, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Michelle Soto, Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Robert E. Magee, Mayor City of Lake Elsinore Agenda Item No. Page Y of '_ CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 57.9+ acres into 128 residential lots, a recreational facility /neighborhood park, water basin, and five (5) open space lots. APN 363 - 020 -008 EXTENSION OF TIME —MAY 22, 2007 PLANNING DIVISION Tentative Tract Map No. 32077 will expire one (1) year from the date of approval of the Extension of Time unless within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act (SMA). Additional extensions of time (36 months maximum time per the SMA) may be granted with City Council approval. Should the developer choose to phase the final map, he shall comply with this Condition, shall design the phasing consistent with Amendment No. 3 to the Canyon Creek Specific Plan No. 85 -1, and shall comply with the requirements of the SMA. Tentative Tract Map No. 32077 will expire on June 28, 2008. 2. Tentative Tract Map No. 32077 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. The Applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and /or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto. Language updated by the City Attorney's Office. 4. The City intends to A'° has filed a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this map by the City Council. The applicant has submitted to the Planning Department secretary, a Page 1 of 18 Agenda Item No. Page 9 of '31 ;Fze 0401 ... • _ - - 3. The Applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and /or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto. Language updated by the City Attorney's Office. 4. The City intends to A'° has filed a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this map by the City Council. The applicant has submitted to the Planning Department secretary, a Page 1 of 18 Agenda Item No. Page 9 of '31 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 57.9+ acres into 128 residential lots, a recreational facility /neighborhood nark, water basin, and five (5) open space lots. APN 363 - 020 -008 EXTENSION OF TIME — MAY 22, 2007 check made payable to the Riverside County Clerk, in the amount of $1,314.00 to pay for the cost of such filing. This check shall be has been received by the secretary no more than 48 hours from the approval by the Council. 5. The applicant shall comply with the Mitigation Monitoring and Reporting Program (MMRP) adopted for this project, as printed with Mitigated Negative Declaration No. 2005- 01, unless superceded by these Conditions. 6. The applicant shall fund the implementation of the MMP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 7. This map must comply with the Development Standards for Amendment No. 3 to the Canyon Creek Specific Plan No. 85 -1. 8. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the Extension of Time approval for Tentative Tract Map dal 32077 by the City Council. PRIOR TO FINAL TRACT MAP: 9. The applicant shall comply with all requirements of the Riverside County Fire Department as listed in their transmittal of June 3, 2005. Additionally, the following requirements shall be implemented per Fire Department approval dated June 8, 2005: a. Cul -de -sacs as designed in the map shall be permitted provided that Lots 37 thru 40, 108 thru 118, and 125 thru 128 have fire sprinklers installed. b. Lots 111 thru 116 shall maintain a 50 to 60 -foot separation from the rear property line to the residence. c. Portions of Streets "A," "B," "C," and "D" may exceed 9% grade but shall not exceed 14% grade as approved by the Fire Department. d. The project may utilize Bella Vista and the roadway proposed in Tentative Tract Map Page 2 of 18 Agenda Item No. 127, Page !O of �?J CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 57.9+ acres into 128 residential lots, a recreational facility /nei2bborhood park, water basin, and five (5) open space lots. APN 363 - 020 -008 EXTENSION OF TIME —MAY 22, 2007 No. 25473 as a secondary access road. e. The plant palette as listed in the Canyon Creek Specific Plan 85 -1, Amendment No. 3 shall be planted in fuel modification zones. 10. All lots shall comply with minimum development standards approved with Amendment No. 3 to the Canyon Creek Specific Plan No. 85 -1. Wherever the Specific Plan is silent, the standards of the R1 Single Family Residential zone shall apply. 11. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 12. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 13. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 14. The applicant shall initiate and complete the formation of a homeowners' association approved by the City, recorded and in place. All Association documents shall be reviewed and approved by the City and recorded, such as the Articles of Incorporation and Covenants, Conditions and Restrictions (CC & R's). The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. The HOA shall maintain or shall coordinate with the appropriate agency approved by the Community Development Director or his designee, for such maintenance. a. In the event that the Homeowners' Association fails to meet its responsibilities with regards to the maintenance of open space areas, the Lighting, Landscaping and Maintenance District shall automatically provide such maintenance and assess the HOA for such service. 15. All lettered lots shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map. 16. The Final Map shall identify downslopes adjacent to streets as open space lots maintained by the HOA or as HOA Maintenance Easements. These HOA Maintenance Easements shall be planted, irrigated and maintained by the HOA. Where such slopes are within MSHCP Conservation areas, the applicant shall confer with the Community Development Director Page 3 of 18 c� Agenda Item No. fZ.� Page /I of SV CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 57.9+ acres into 128 residential lots, a recreational facility /neighborhood park, water basin, and five (5) open space lots. APN 363- 020 -008 EXTENSION OF TIME — MAY 22.2007 or his designee regarding appropriate methods to re- establish natural vegetation, consistent with the MSHCP Guidelines. PRIOR TO GRADING AND BUILDING PERMITS: 17. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday or any legal holidays. 18. Upon violation by the applicant of the City's Noise Ordinance or Condition of Approval #17, applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Condition of Approval #17. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 19. The applicant shall install a weatherproofed 3' X 3' sign at the entrance to the project site identifying the approved days and hours of construction activity, and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674 -3124. Added by Staff, 5- 22 -07. 20. All trailers used during construction, mailboxes, and signage shall be subject to Planning Division review and approval prior to installation. Added by Staff, 5- 22 -07. 21. Prior to the issuance of a grading permit, the applicant shall have a burrowing owl survey prepared by a licensed biologist, and submitted to the Community Development Department. 22. Prior to the issuance of a grading permit, the applicant shall prepare a Determination of Biologically Equivalent or Superior Preservation (DBESP) report and submit the report to the Community Development Department. Page 4 of 18 Agenda Item No. Page /.Z�, of &I CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 57.9+ acres into 128 residential lots, a recreational facility /neighborhood park, water basin, and five (5) open space lots. APN 363- 020 -008 EXTENSION OF TIME —MAY 22, 2007 23. Prior to the issuance of a building permit, the applicant shall pay the City's Multiple Species Habitat Conservation Plan Local Development Mitigation Fee in effect at that time. The current fee for residential development with a density of less than 8.0 dwelling units per acre is $1,651 per dwelling unit. 24. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 50, wherein the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. 25. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District ( EVMWD). The EVMWD Service Commitment Letter dated 12 -8 -04 is on file for this tract. 26. All storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. a. The homeowners' association shall maintain water quality basins, landscaping, and open space drainage. 27. The developer shall submit plans to the electric utility company to layout the street lighting system. The cost of street lighting, installation, and energy charges shall be the responsibility of the developer and/or the Association until streets are accepted by the City. Said plans shall be approved by the City and installed in accordance with City Standards. 28. The applicant shall meet all requirements of the providing electric utility company. 29. The applicant shall meet all requirements of the providing gas utility company. 30. The applicant shall meet all requirements of the providing telephone utility company. 31. A bond is required guaranteeing the removal of all trailers used during construction. Page 5 of 18 Agenda Item No. Z<::;—_ Page /,3_ of 31 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 57.9+ acres into 128 residential lots, a recreational facility /neighborhood park, water basin, and five (5) open space lots. APN 363 - 020 -008 EXTENSION OF TIME —MAY 22.2007 32. All signage shall be subject to Planning Division review and approval prior to installation. 33. Landscape Plans for the tract shall include vegetative screening of retention basins and service roads consistent with that depicted in Amendment No. 3 to the Canyon Creek Specific Plan No. 85 -1. 34. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. PRIOR TO DESIGN REVIEW: 35. All future structural development associated with this map requires separate Design Review approval. 36. Elevation drawings for Design Review shall include four -sided architectural features for both the first and second story. The applicant may submit to the Community Development Director or his designee, for review and approval, evidence that a particular elevation is hidden from public view and not visible due to elevation changes. In those instances, to be determined by the Community Development Director or his designee on a case -by -case basis, this condition may be waived. 37. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer prior to the issuance of a Certificate of Occupancy. 38. Downslopes adjacent to streets shall be maintained by the HOA. Lots 27, 49, 64, 81 and 86 shall provide landscape easements to address this requirement. 39. The developer shall interface with the Police Department to address crime prevention recommendations at the site, as noted in their transmittal dated September 14, 2004. Page 6 of 18 Agenda Item �o. Page _�_ of CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 57.9+ acres into 128 residential lots, a recreational facility /neiehborhood park, water basin, and five (5) open space lots. APN 363- 020 -008 EXTENSION OF TIME — MAY 22, 2007 40. A detailed fencing plan shall be required for review and approval during the Design Review process. 41. A detailed phasing plan shall be required for review and approval during the Design Review process. a. Construction phasing plans shall include the location of construction fencing for each phase. b. Construction phasing plans shall indicate primary and secondary access and the location of all utilities for each phase. c. Construction phasing plans shall be designed to avoid construction traffic from entering occupied neighborhoods to the greatest extent possible. For safety purposes construction phasing plans shall also be designed such that new residents can avoid traveling through construction areas. d. Construction traffic shall avoid entering existing Tuscany Hills neighborhoods to access the site whenever feasible. If Greenwald and Bella Vista are open to traffic, construction vehicles shall utilize these roadways, or provide a Construction Traffic Plan for review and approval by the Community Development Director. 42. Primary and secondary access roads shall be fully constructed and open to the public prior to the issuance of the 66`I' Certificate of Occupancy for this tract. ENGINEERING DIVISION 43. Dedicate full half -width right -of -way for La Strada Road and transition to full right -of -way (Modified Secondary Roadway of 90') within the developable area. 44. The street and traffic improvements of La Strada Road shall extend to the westerly property line unless other arrangements are approved by the City Engineer. Added by Staff, 5- 22 -07. Page 7 of 18 Agenda Item No. r Page 15 of ?-L CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 57.9+ acres into 128 residential lots, a recreational facility /neighborhood park, water basin, and five (5) open space lots. APN 363- 020 -008 EXTENSION OF TIME — MAY 22, 2007 45. Dedicate right -of -way and improve public streets per City Standards and /or as shown ini the map. Street grades greater than 12% shall be approved by the City Engineer prior to design or grading plan submittal. Added by Staff, 5- 22 -07. 46. Dedicate full width right -of -way of La Strada Road (Modified Secondary Roadway of approximately 68') within the open space area with a transitional road width between the developable and open space areas. 47. Dedication width of La Strada Road shall comply with the mitigation measures described in the final Mitigated Negative Declaration. 48. Construct full half -width road section for La Strada Road transitioning to full width as the roadway alignment diverges from the northerly property line within the developable area. The applicant shall pay cash in -lieu of construction for the median. 49. The tract shall provide for the funding of its fair share, as defined in the Community Facilities District (CFD) Special Tax Report or other similar agreement, of La Strada Road improvements through the formation of a CFD prior to the issuance of the first Certificate of Occupancy. La Strada Road improvements through the open space area shall include full width improvements (right -of -way of approximately 68') in accordance with the Modified Secondary Street Section Exhibit agreed upon by the City Traffic Engineer and the developer. 50. If the CFD does not provide an alignment study for La Strada Road at the time that the developer is ready to construct the northern portion of La Strada Road, the developer shall have such an alignment study completed and submitted for review and approval prior to the submittal of street improvement plans and grading permit. 51. The project shall participate in the phased construction of the following off -site intersection improvements through payment of established City of Lake Elsinore fees and participation in the Transportation Uniform Mitigation Fees (TUMF) Program, or construction of off - site facilities under appropriate fee credit agreements: ■ I -15 Southbound Ramps (NS) at: Railroad Canyon Road (EW) Page 8 of 18 Agenda Item No. Page /6v ofof� CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 57.9+ acres into 128 residential lots, a recreational facility /neighborhood park, water basin, and five (5) open space lots. APN 363- 020 -008 EXTENSION OF TIME — MAY 22, 2007 2 °d Southbound exclusive left turn lane Southbound dedicated right turn lane ■ I -15 Northbound Ramps (NS) at: Railroad Canyon Road (EW) 2 °d Northbound right -turn lane 2"a Eastbound left turn lane 3`a Eastbound through lane ■ `B" Street (westerly project driveway) (NS) at: La Strada Road (EW) Construct project driveway ■ "W" Street (easterly project driveway) (NS) at: La Strada Road (EW) Construct project driveway Summerhill Drive (NS) at: La Strada Road (EW) Construct traffic signal Railroad Canyon Road (EW) Southbound shared through right turn lane Eastbound free right -turn lane 52. The traffic signal at La Strada Road and Summerhill Drive shall be installed and operational by the 50th Certificate of Occupancy for this tract. The applicant is eligible for partial reimbursement from the City should other area projects be required to contribute their fair share of the cost of the signal. 53. The tract shall participate in the interim improvements to Railroad Canyon Road at the I -15 Freeway. The project's fair share is 2.3% times $1.15 million, which = $26,450.00. 54. To ensure construction traffic is managed in accordance with City traffic standards, the developer shall submit a traffic control plan, including a suitable route alignment designation, for construction vehicles, and obtain approval of the plan prior to initiating construction. Page 9 of 18 Agenda Item No. 2� Page /7 of el CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 57.9+ acres into 128 residential lots, a recreational facility /neighborhood park, water basin, and five (5) open space lots. APN 363 - 020 -008 EXTENSION OF TIME —MAY 22, 2007 55. On -site traffic signing and striping shall be implemented in conjunction with detailed construction plans for the project site. 56. Site distance at the project entrance intersections shall be reviewed with respect to standard Caltrans and City of Lake Elsinore sight distance standards at the time of preparation of final grading, landscape and street improvement plans. 57. Coordinate any roadway slope easements that maybe required from the adjacent property owner. 58. Provide turn- around area outside the project entrance gates. 59. NOTE: This map has been revised to show public streets rather than private streets (as shown in the previous map). Except for conditions related to private streets, existing Conditions of Approval of TTM 32077 are still in effect throught the allowed extension of time of this map. Added by Staff, 5- 22 -07. 60. Approaches to intersections shall be at six percent (6 %) maximum for a minimum distance of 40 -feet on each leg from the intersection. 61. Landscaping along Street `B" shall be located so it will not interfere with sight distance of drivers exiting their driveways. 62. Provide storm drain detention for the peak runoff scenario as described by Riverside County Flood Control and Conservation District. 63. Slope drain system adjacent to lots 86 through 108 shall be conveyed to the drainage system. Flows shall be directed down stream and not perpendicular to the roadway to avoid flows encroaching onto the travel lanes. 64. Flow- through drainage catch basins shall not be allowed (ex: system between lots 10 and 11). Page I o of 18 Agenda Item No. Page lo' of CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 57.9+ acres into 128 residential lots, a recreational facility /neiehborhood park, water basin, and five (5) open space lots. APN 363 - 020 -008 EXTENSION OF TIME —MAY 22, 2007 65. Slope drain system adjacent to the existing development shall convey storm flows away from down stream property owners and to the public right -of -way. Streets "H" and "G" shall be handled separately, following its historic drain to a drainage course, and not directed into the public right -of -way. 66. Provide technical support showing the existing down stream storm drain system is able to accommodate the additional flows of the proposed slope drains adjacent to Street `B" as well as the flows conveyed on proposed Street "D ". 67. Storm drains at the end of Streets "G" and "H" shall convey historic flow rates. 68. Provide energy dissipation at all outlet points draining into open space. Outlet points shall be located at historic drainage courses. 69. Provide viable funding mechanism for street and storm drain system maintenance. 70. A maintenance agreement between this tract and Tract 25473 for Basin `Lot G' shall be provided. Added by Staff, 5 -22 -07 71. Property ownership of the water tank area and access road shall be clearly identified. Added by Staff, 5- 22 -07. 72. All open space shall be maintained by an HOA or other maintenance mechanism approved by the City. Added by Staff, 5- 22 -07. 73. All slopes shall be graded no steeper than 2:1 unless otherwise approved by the City Engineer. 74. All slopes shall have toe drains. Mid -slope drainage shall be required per the hydrology and/or soils report. 75. All HOA maintained slope drains shall be conveyed to the public right -of -way. Page 11 of 18 Agenda Item No. ,q Page � oF—ZE CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 57.9+ acres into 128 residential lots, a recreational facility /neighborhood park, water basin, and five (5) open space lots. APN 363- 020 -008 EXTENSION OF TIME — MAY 22.2007 76. La Strada Road grades shall not exceed nine percent (9 %) unless otherwise approved by the City Engineer. 77. Pay all Capital Improvement, development fees, including area drainage, TIF and TUMF, unless otherwise described in the Development Agreement and Memorandum of Understanding pertinent to this project, less any applicable fee credits. 78. Provide clean water mitigation for construction activities as well as post construction operations. 79. All right -of -way improvements adjacent to the model homes shall be completed prior to the opening of the model homes to the public. 80. Provide permission to grade and permission to construct improvements from the adjacent property owner as applicable, unless previously submitted. 81. Applicant shall provide for detention of storm water run off greater than the existing unimproved condition. Outlet of detention facility shall be consistent with volume, direction and character of the historic flow. 82. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 83. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 84. Developer shall annex to the City's Street Lighting and Landscaping Maintenance District. 85. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 86. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to building permit approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes "No Parking" and "Street Sweeping" signs for streets within the tract. Page 12 of 18 Agenda Item No. Page o O of �_fj CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 57.9+ acres into 128 residential lots, a recreational facility /neighborhood park, water basin, and five (5) open space lots. APN 363- 020 -008 EXTENSION OF TIME — MAY 22, 2007 87. All utilities except electrical lines over 12 KV shall be placed underground, as approved by the serving utility. 88. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 89. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 90. An Alquist -Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site, unless a study is already on file. If the project is located outside the special study zone, provide a certified letter from a licensed geologist confirming the condition. 91. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 92. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 93. Pay all Plan Check fees (LEMC 16.34, Resolution 85 -26). 94. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 95. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 96. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to City of Lake Elsinore Page 13 of 18 Agenda Item No. 2 Page o?l of st/ CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 57.9+ acres into 128 residential lots, a recreational facility /neighborhood park, water basin, and five (5) open space lots. APN 363 - 020 -008 EXTENSION OF TIME — MA Y 22, 2007 Standards, and City Codes (LEMC 12.04 and 16.34). 97. Applicant shall enter into a subdivision agreement with the City for the construction of tract public works improvements and shall post the appropriate bonds prior to final map approval. 98. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83- 78). 99. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 V? x I V Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 100. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 101. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 102. On -site drainage facilities located outside of road right -of -way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions ". 103. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 104. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 105. Meet all requirements of LEMC 15.68 regarding floodplain management. 106. Unless reports are already on file, submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 107. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in Page 14 of 18 Agenda Item No. Page WA —o—f= CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 57.9+ acres into 128 residential lots, a recreational facility /neighborhood park, water basin, and five (5) open space lots. APN 363- 020 -008 EXTENSION OF TIME —MAY 22.2007 the drain system, the wording and stencil shall be approved by the City Engineer. 108. Roof and yard drains shall not be allowed to outlet through cuts in the street curb. Roof drains shall drain through a minimum 20 -feet of landscaped area. 109. Ten (10) year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. 110. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 111. Unless previously submitted, the applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. 112. Unless previously submitted, the applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 113. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 114. Unless previously completed, the applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 115. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. Page 15 of 18 Agenda Item No. Page 3 of J Q/ CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 57.9+ acres into 128 residential lots, a recreational facility /neighborhood park, water basin, and five (5) open space lots. APN 363- 020 -008 EXTENSION OF TIME — MAY 22, 2007 COMMUNITY SERVICES DEPARTMENT 116. The developer shall pay fees of $1,600 per unit ( . — ) (128 units @ $1,600 ea. = $204,800). 117. Developer will be required to participate in the "Public Facility "fee program. Added by Staff, 5- 22 -07. 118. All interior landscape, recreation areas, facilities and /or open space to be maintained by the HOA. No park credits. Updated by Staff, 5- 22 -07. go MW VZOMAMa 119. HOA to maintain all park and common landscape areas. Updated by Staff, 5- 22 -07. 120. HOA to maintain all natural and manufactured slopes. Updated by Staff, 5- 22 -07. 121. HOA to maintain all exterior walls and landscaping. Updated by Staff, 5- 22 -07. _.. - - Page 16 of 18 ZS Agenda Item No. Page a7 of��/ CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 57.9+ acres into 128 residential lots, a recreational facility /neighborhood park, water basin, and five (5) open space lots. APN 363 - 020 -008 EXTENSION OF TIME — MAY 22, 2007 122. HOA to maintain all drainage facilities and structures. Updated by Staff, 5- 22 -07. 123. HOA to maintain all catch basins, collectors, v- ditches or any other related flood control or storm water control device. Updated by Staff, 5- 22 -07. 124. The developer shall contract with CR &R for construction debris removal and recycling, as required by the Lake Elsinore Municipal Code. 125. The developer shall participate in the City -wide Lighting and Landscape Maintenance District. 126. Developer to comply with all NPDES storm water requirements. Added by Staff, 5- 22 -07. 127. Developer to comply with all City Ordinances regarding construction debris removal and recycling as per Section 9.32 of the Lake Elsinore Municipal Code. Added by Staff, 5- 22 -07. 128. Developer to provide City with an inventory of all street signs, street markings, street trees and total square footage of all streetes in a digital format acceptable to the City. Added by Staff, 5- 22 -07. 129. Secondary access needs to be clearly defined as part of the development. Added by Staff, 5- 22 -07. 130. Developer to meet City curb, gutter and sidewalk requirements. Added by Staff, 5- 22 -07. Page 17 of 18 Agenda Item No. Page as- of 'fl CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 57.9+ acres into 128 residential lots, a recreational facility /neighborhood park, water basin, and five (5) open space lots. APN 363 - 020 -008 EXTENSION OF TIME — MAY 22, 2007 131. City to review and approve all park development and implementation plans. Added by Staff, 5- 22 -07. 132. City's Landscape Architect to review all landscape and /or irrigation plans. Added by Staff, 5- 22 -07. ADMINISTRATIVE SERVICES DEPARTMENT 133. Wier- the of the first building " .mit, the applicant shall apmex has annexed into Community Facilities District No. 2003 -01 to offset any annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 134. n ' f the first building "e"mit, the applicant shall annex has annexed into Lighting and Landscape Maintenance District No. 1 to offset any annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City, and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. (Riverside County Fire Department Conditions attached) (End of Conditions) Page 18 of 18 Z� Agenda Item No. Page —OR— of 3 _ JUN-UJ-CUUb hKI IL :L4 VM K1V UU PIKE V &6 hAX NU, 9bl 9bb 4886 P, 02 06/03/05 -R verais=e- Gbunt -Y_LMS - Page: 1 12:22 COND1-T7ONSIOF APPROVAL PATIO PERMIT Permit No: FIRECONDS Parcel: 10. GENERAL CONDITIONS FIRE DEPARTMENT 10 . FIRE . 3 _. CASE - - -Cl TY `CASS' STAIMME 7T -- .IIRAPT LE -TR 32077 With respect to the condi -tions -Of -ApproV&l.:ft-r -the referenced projbIct; the- 'Fite- - DepartmeM'- recommends the following fire proteFction- rneasuT-L�s-ble7_provided --xn accordance - With.'RiVn,--rS�idL'--�Caunt_y Ordinances and /or recognized fire protection standards: 10 . F I RE . 4 NAp: # -5 G­BL OF DOT. , REF -,ECT RS DRAFT Blue retrmr eflect.-i�ve - pavement - uarkexa shall -be mounted on pri mate• - -st sets -� publ-i-c. atrea- :-driveways to indicate location of fi.re-- hydrant 8 -. _prior _to_Inst )I- lation_, placement of markera -must, be.,.approved by the Riverside County Fire Department.. 10.FIRE. 5 MAP * - #16- HYDRANT /SPACING DRAFT Schedule -A --fire �sxote -ct an wpp ved �da�d fire hydrants, street intersection and spaced -. -no mcre-th=- 3� "` -E�e*t "fart in any direction; vitfr nc porrinn-of arty lot-. frontage more than /b5 _ `ieet--fram a trydrant. -fi+iin r fig - flow - shall -Y -be GPM" fC-r' 2' 'h0Ur- durati-on� at. 2a.. PSL: Shall include ,.perimeter streets at each int�xeectian aTtd' °apacEti6 e't apart. 50. PRIOR TO MAP RECORDATION FIRE DEPARTMENT 50.FIRE. 1 MAP- #7- EC8-HAZ FIRE AREA DRAFT Ecs map must -.be: tamped_.by- .the - Riverside County Surveyor with the - ,f.ol.lowirng n'te : The land division is located in the "Hazardous Fire Art-all cLt t- Riverside County as shown on a map on file.with the.Clerk_of the Board of Supervisors. Any building constructed on lots created by this land division shall comply, with -the •spec =al- construction provisions contained in Riverside County Ordinance 787.' AGENDA ITEM NO. PAGE d 7 OF S/ JUN-UJ-ZUUb hKl 12:Z4 Vf1 HIV.(;U HKE-F&E FAX -Na 951 955 4886 P. 03 Riversidi� C'OurltY LNS' Page: 2 )6/03/05 C I 0Nr)IT_rnN3`_07_AP?RV"'L 12:2 2 PATIO PERMIT Permit No: FIRECONDS 5&, PRIER To MAP__13EC0R.DATI0N_ 50-FIRE. 2 MAP -#x°43 -;U- CS:�"MGFIWG__MATEREA`1-1 - DRAFT`., ECS map must " be - stamped - by _CnUnty Surveyor with the f buildings-zhall be f constructed -Wj:'t:h'1c lass' iZA-1 " . a Ca 1 ornia Building'' cottel.-_ DRAFT MAP, MP - 5 0 . F I RE . 3 �#00-4,FCS,-F�UFJ,-.KODIFI,!C2�TTON EcS map must =__hez_at__amped•jay: the_.R.1verside Count y`_ SutveYOT with the fol1owi­r19-nQtZ-- ._pr_j_o_r to the issuance of a grading permit,,,: shall prepare an a e u bTffi tto the -fire department -for.-approval a fire prot-ec t ion /VQSeta tjan,.manaqeMQn. t.t that 9bould �!--hetude but not limited -to t- following he - following items; a)'-FU':61*1nodification to reduce loading _b) Appropriate ea to fuel load, slope and terrain. c-} ­ mon­flafmnable walls along common. boundaries between rear-"yards--and open space. d) Emergency vehicle -accagEr. jTMO.-Opren spaze-areas shall be provided -at, -intervals not to exceed 715=4 - ----ei -A homeowner's association Or-app,,.,.Ljat&-d1-st_r-ict shall be responsibLe—for maintenance Of a13 izre within the open space areas. ANY I-IAS I TAT ­`0N.%FJWAT1W_ tSSUZ AFFECTING_ THE FIRE T—SHLL HAVE DEPARTMENT FUEL LMODTFI-CATU-N -=UIUMEN A CONCURRENCE= 2WITH--THF,,RESPONSTBLE WILDLIFE AND /OR OTHSR CONSERVATION-AGENCY_.-A DR-AFT 50.FIRE. 4 MAP-!446.a.WkTER. PLANS The applicant-ox_de-veloper shall furnisb One copy of the Water system. plam to -t-he Fire Department for review. Plans shalL,.he ajgned.by7,a regastere I d civil -eTTqin*er, containing - -a -Fine _D4paxtment.. approval .5iqTrature block, and shall coaform t.0 hyo?Z4pt type, location, spacing --am d cal water minimum fire f-low. Once,pIane are Ertgned--by the 10 company,,.the OrLgin4le 'shall be presented -t-o --the --ftm Department -f Ox si_gnature.. I 50.FIRE. 5 MAP-#53 ECS-WTR__MT0 VrOMBUS Ecs map must -be -.Bt-amped.,by-the--R-i.-Var-cide Cc`unty surveyor with the :Following = The ,rp_qujr_ed_w.ater system, alled and accepted by,., including fire, hy-drants, -aball,,be -in, at- the apprQpriatel:w&te�:agency -prior tQ.1anY..cOft1bust ble building material Placed an an -i iV1 UBv -2�;_ ACE 10A 1, F E'A NO. PAGE -? -? OF July- UJ -ZUUb PHI 12: G4 . FM HIV (:L1,; f• 1 HE N &E FAX N0, 951 955 4886 P. 04 )6/03/05 Riverside-'CountY'LMS Page: 3 L2 : 22 CONDiTI ONS "OP' 'RPP~ROVAL PATIO PERMIT Permit No: FIRECONDS' __ Paxcel: 5 0 . P -RIOR TO MAP -. RECORDAT TjgN 5 0 . F:I RE . 6 MAP- # 4-'7 - SECONDARy "ACCWS DRAFfi �, In the. interest of - Public.- Safety, `the"'Pr °`? shall provide an Alternate or Stacyndary- Access (s) as stated in the Transportation Deparment - 1COIldstsons Said -Aj] terna.te or Secondary .Acceagtal - -shall -have �concu - rance. and approval of bath _t.: Transportation Department .--and.-the - Rivera de County Fire Department. 60. PRIOR TO GRADING PRMT ISSUANCE FIRE DEPARTMENT 60.FIRE. 1 MpCP #0,0 +- -r—uEL MODIFICATION DFIAFT Prior to the ia�anee- cf, a ;grada:ng pe5mit.r .the developer shall prepare end �trbm t = a -the- fir- e- �Parz�t, -.for - prcianFueg e_.tto at ion management approval a fir l� h- f °lwniteme: should i- ndlude ` but not _m ted -Le1_q a) fue 1 -modi €icat °icon to . reduce- -.f ixt _loading b) apprapriwM,_fire..breaks - according, to fuel ]odd, slope c) non—f-jammable walls along ...common boundaries" between rear- yard.e - -and ..open_ apace: ens ace areas °: shall be d) emergency.. vehicle . access into op.. P provided =- at -- int-erual_s -not to exceed 5500 feet e) a homeowner's association or appropriate district shall be reapanai.bl.e..L.OX maintenance of all 'f ire protection measures within open space areas. NY HABITAT-_ CONSERVA' 101 -ISSUE "A�EC.,TjDJG- THE .FJ.RE DEPARTMENT FUEL MOI7rFI- cATIGN: RBQUIREMENT -, ,SHALL. HAVE- CONCURRENCE WITH THE RESPONBILE"WTZiiLTb'E- AND�E?R OWNER ONSFR- VATION AGENCY. 80. PRIOR TO BLDG, PRA4T -- I-S -9==E FIRE DEPARTMENT BO.FTRE. 1 MAP - # 5 0 C- TRACT - WATER FT—CA DRAFT The required- water system r�l: -ng' °-ajl-- E-,jxe .hydrant (s) shall be' iirrst°a3led -ate. aQepteei -by. the- appropriate water agency and ` the- - Riverside -- Clow -ntyr� Departmen't:rPrior . to any combt3stj.b1e-- hu idin' "mfr, "l pled on an..individual lot. cbmact Ri:ver-eide 'Counter : FiXe . DePs, tment to insge _, -the required..,£ire fl:_ wa Street Sig nA�. rovedewater surface - - -acrd a1.1 access mud /ter-- .se�oudazy • RP AGENDA ITETA NO. f� PAGE a � OF �I_ JUN -03 -2005 FRI 12:25 -PM RIV CO FIRE P &E FAX NO. 951 955 4886 P. 05 _ )6/03/05 Riverdiae _ "COUiity "UKS Page: 4 12:22 YTI-ONS° -OT" APPROVAL - pATTO PERMIT Permit No: FIRECU= Parcel: 610. PRIOR- TO BLDG _P-RMT ISSUANCE. MAP- #k50YC--TRA -CT WA-MR =VERIIFICA- (cons,.) DRAFT plans must be a the job -site:- BO.FIRE. 2 MAp, - SECONr)AT<fjALTLPR , ACCESS, DRAFT In the interest-af- "PtTbli-c Safety, the -prole -t' - shall _provide An Alternate 'or -se condaiy-Acce (6). stated -in- the .._ Transportati.crr- Degartmerrt -eonditi..Onav- Said. Alternate or Secondary Access (s) si l�hav� e r r -x nce__and - approval of both the TrarrspvrtatiOn Department-and the Ri�re9dd - ount-y Fire Depa- rtmeTm Alternate -- and /,=- Secandar-y - shall be compieted and -- inspected -per the approved plans. AGENDA ITEM NO. PAGE 90. �� O Z p C. Vo < H� LW Z 6W sit! MISS ml 1000 Rl AGENDA ITE,,ol NO. PACE 3 / OF -r ED ORDINANCE NO. 1222 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.18 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING MASSEURS, MASSEUSES AND MASSAGE PARLORS WHEREAS, Chapter 5.18 of the Lake Elsinore Municipal Code regulates the masseurs, masseuses and massage parlors within the City of Lake Elsinore; and WHEREAS, the permit requirements and restrictions imposed by this amendment to Chapter 5.18 are reasonably necessary to protect the public health, safety and welfare to the citizens of the City of Lake Elsinore by providing minimum building, sanitation and health standards for those establishments in which the practice of massage is preformed, and to insure that the persons offering services therein shall possess the minimum qualifications necessary to operate such businesses and to perform such services offered; and WHEREAS, the City of Lake Elsinore is authorized, by virtue of the State Constitution and California Government Code Section 51031, to regulate massage establishments by imposing reasonable standards relative to the skill and experience of massage operators and massage technicians and reasonable conditions on the operation of the massage establishment; and WHEREAS, there is a significant risk of injury to massage clients by improperly trained and/or educated massage technicians, and this amendment provides reasonable safeguards against injury and economic loss; and WHEREAS, there is opportunity for acts of prostitution and other unlawful sexual activity to occur in massage establishments. Courts have long recognized massage as a pervasively regulated activity and that massage establishments are often brothels in disguise. The establishment of reasonable standards for issuance of permits and restrictions on operations would serve to reduce the risk of illegal activity; and WHEREAS, the restrictions and requirements contained in this amendment reduce the burdens on the Police Department and permit the deployment of the police personnel such that more serious crimes may be prevented and more important laws enforced; and aC EN40A i T EN1 No. 31 L_�F� CITY COUNCIL ORDINANCE NO. 1222 PAGE 2 OF 36 WHEREAS, the regulations and restrictions contained in this amendment will tend to discourage massage establishments from degenerating into houses of prostitution and the means utilized in this Chapter bear a reasonable and rational relationship to the goals sought to be achieved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1. That Chapter 5.18 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: CHAPTER 5.18 MASSAGE TECHNICIANS AND MASSAGE ESTABLISHMENTS 5.18.010 Findings and purpose. The permit requirements and restrictions imposed by this Chapter are reasonably necessary to protect the public health, safety and welfare to the citizens of the City of Lake Elsinore by providing minimum building, sanitation and health standards for those establishments in which the practice of massage is preformed, and to insure that the persons offering services therein shall possess the minimum qualifications necessary to operate such businesses and to perform such services offered. 5.18.020 Definitions. As used in this Chapter, the following terms shall have the meanings set forth herein% "City Council" means The City Council of the City of Lake Elsinore. "City Manager" means the City Manager of the City of Lake Elsinore or his or her designated representative. "Conviction" or "convicted" means a plea or verdict or guilty or a conviction following a plea of nolo contendere. "Customer areas" means the areas open to customers of the massage establishment. "Employ" means the term "employ" shall include contracting with independent contractors. AGENDA ITEM NA. PACE � ®Elm_ CITY COUNCIL ORDINANCE NO. 1222 PAGE 3 OF 36 "Employee" means the term "employee" contractors. shall include independent "Health department" means the Health Services Agency of the County of Riverside. "Manager" means the person(s) designated by the operator of the massage establishment to act as the representative and agent of the operator in managing day -to -day operations with the same liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manager may also be an owner. A manager must meet the standards and qualifications of Sections 5.18.060 et seq. to qualify as a manager. "Massage" means any method of treating the external parts of the body for remedial, hygienic, relaxation or any other reason or propose, whether by means of pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powders, creams, ointment or other similar preparations commonly used in this practice. "Massage establishment" means any business conducted within the City of Lake Elsinore where any person, firm, association, partnership, corporation or combination of individuals engages in, conducts, carries on or permits to be conducted or carried on, for money or any other consideration, administration to another person of a massage, bath or health treatment involving massages or baths. "Massage establishment permit" means the permit required pursuant to the provisions of this Chapter to operate or manage a massage establishment or home occupation massage business. "Massage technician" means any person who administers to another person a massage within a massage establishment in exchange for anything of value whatsoever. The terms "massage therapist" and "massage practitioner" are included within this definition for purposes of this Chapter. AGENDA ITEM NO. PAGEL_ �F_ CITY COUNCIL ORDINANCE NO. 1222 PAGE 4 OF 36 "Operator" means all persons who have an ownership interest in the massage establishment or home occupation massage business and are responsible for its day -to -day operations. "Owner" means the individual(s) whose name appears on the city business license. "Person" means any individual, or corporation, partnership, association or other group or combination of individuals acting as an entity. "Police Chief' means the Police Chief of the City of Lake Elsinore or his or her designated representative. "Police Department" means the Police Department and code enforcement division of the City of Lake Elsinore. "Recognized school of massage" mean any school or institution of learning which teaches, through state certified instructors, the theory, ethics, practice, profession or work of massage, which school or institution complies with California Education Code Sections 94310 or 94311, and which requires a resident course of study before the student shall be furnished with a diploma or certificate of graduation. Schools offering a correspondence course not requiring actual attendance shall not be deemed recognized schools. 5.18.030 Massage establishment permit required. No person shall operate a massage establishment within the city without first obtaining a massage establishment permit pursuant to Sections 5.18.040 and 5.18.050, securing the necessary business license as required pursuant to Title 5. 5.18.040 Application for massage establishment permit. (A) Any person desiring a permit for a massage establishment shall file a written application on the required form with the Police Chief, who shall conduct an investigation. The application shall be accompanied by the appropriate filing fee established by resolution of the City Council. The application shall be completed and signed by the operator of the proposed massage establishment, if a sole proprietorship; one general partner, if the operator is a partnership; one officer or one director, if the operator is a corporation; and one participant, if the operator AGENDA ITEM NO. uI PAGE_ ' OF ' - CITY COUNCIL ORDINANCE NO. 1222 PAGE 5 OF 36 is a joint venture. The application for permit does not authorize operation of a massage establishment unless and until such permit has been properly granted. The application shall contain or be accompanied by the following information: 1. The type of ownership of the business; for example, whether by individual, partnership, corporation or otherwise. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of that corporation. If the applicant is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If it is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the secretary of state. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required for an individual applicant under this Chapter, but only one application fee shall be charged; 2. The precise name under which the massage establishment is to be conducted; 3. The complete address and all telephone numbers of the massage establishment; 4. A complete current list of the names and residence addresses of all proposed massage technicians and employees in the massage establishment and the name and residence addresses of the manager or managing employee proposed to be principally in charge of the operation of the massage establishment; 5. A description of any other business operated on the same premises or within the City of Lake Elsinore or the State of California which is owned or operated by the applicant; 6. The following personal information concerning the applicant: AGENDA ITEM N0. 91 PAGE _OF__L2U_ CITY COUNCIL ORDINANCE NO. 1222 PAGE 6 OF 36 applicant; a. Full complete name and all aliases used by the b. Current address and all previous residential addresses for eight years immediately preceding the present address of the applicant; C. Acceptable proof that the applicant is at least 18 years of age; d. Proof of legal residency and/or the ability to legally work in the United States; e. Height, weight, color of hair, eyes and gender; f. Current address and all previous residential addresses for eight years immediately preceding the present address of the applicant; g. Two front -faced portrait photographs at least two inches by two inches in size; h. The applicant's complete business, occupation and employment history for eight years preceding the date of application, including, but not limited to, the massage or similar business history and experience of the applicant; i. The complete massage permit history of the applicant, whether such person has ever had any permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license, whether the permit or license was denied, revoked or suspended; and the reason therefore; j. All criminal convictions, including pleas of nolo contendere, within the last ten years, including those dismissed or expunged pursuant to California Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefore; k. A complete set of fingerprints taken by the Police Department; AGENDA ITEM NO. 4-31 PAGE cP OF CITY COUNCIL ORDINANCE NO. 1222 PAGE 7 OF 36 7. The name and address of the owner and lessor of the real property upon or in which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his or her property; 8. Authorization for the city, its agents and employees to seek verification of the information contained in the application; 9. Such other identification and information as the Police Chief may require in order to discover the truth of the matters herein specified and as required to be set forth in the application; 10. A statement in writing and dated by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct; 11. Statements in writing and dated by the applicant and the applicant's designated manager(s) certifying under penalty of perjury that they: a. Have received a copy of this Chapter; b. Understand its contents; and C. Understand the duties of an operator or manager, as the case may be, as provided in this Chapter. If, during the term of a permit, the permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the Police Department of such change, within ten business days thereafter, in writing. 5.18.050 Massage establishment permit issuance and denial. A. Upon receipt of a written application for a permit, the Police Chief shall conduct an investigation to ascertain whether such permit should be issued as requested. The Police Chief shall, within 60 days of receipt of an application, approve, conditionally approve or deny the application. The 60 -day period may be extended for up to 30 additional days, if necessary, to complete the investigation. The Police Chief shall issue such permit as requested, unless he or she makes any of the following findings: AGENDA ITEM NO. 431 PAGE _I _OF Z!4;_ CITY COUNCIL ORDINANCE NO. 1222 PAGE 8 OF 36 1. The applicant, if an individual, or any of the officers or directors of the corporation, if the applicant is a corporation; or a partner, if the applicant is a partnership, or any person directly engaged or employed in the massage establishment, has within ten years preceding the date of the application: a. Been convicted of a violation of California Penal Code Sections 266h, 2661, 314, 315, 316, 318, 647(a) or (b) or any other provision of law pursuant to which a person is required to register under the provisions of California Penal Code Section 290 or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Section 415 or any lesser included or lesser related offense in satisfaction of, or as a substitute of, any of the previously listed crimes; b. Been convicted of a violation of California Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058; C. Been convicted of any offense in any other state which is the equivalent of any of the above- mentioned offenses; d. Been engaged in conduct in another jurisdiction which, if it had occurred within the city, would constitute grounds for denial, suspension or revocation under this Chapter; e. Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Penal Code Sections 11225 through 11235 or any similar provisions of law in a jurisdiction outside the State of California; f. Engaged in conduct which would constitute an offense as described in subsection A. 1.a. of this section; g. Committed an act in another jurisdiction which, if committed in this state, would have been a violation of law and which, if done by a permittee under this Chapter, would be grounds for denial, suspension or revocation of the permit; h. Been convicted of an act involving theft, dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts AGENDA im, No. 31 Pack —$ 0� F CITY COUNCIL ORDINANCE NO. 1222 PAGE 9 OF 36 are related to the qualifications, functions or duties of the operator of a massage establishment; i. The applicant has had a massage operator or massage technician permit or other similar license or permit denied, suspended or revoked for cause by a licensing authority or by any city, county or state; 2. The applicant has made a false, misleading or fraudulent statement or omission of fact to the city in the permit application process; 3. The application does not contain all of the information required by Section 5.18.040; 4. The massage establishment, as proposed by the applicant, does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards; 5. The applicant has not satisfied the requirements of this Chapter in the time specified; 6. If the application is denied for failure to comply with subsections A.2. or 3. above, the applicant may not reapply for a period of one year from the date the application was denied. B. All operators and managers shall comply with the following conditions and any other conditions specified by the Police Chief: 1. Prohibited Massage Areas. Except to the extent required, in writing, by a state - licensed medical practitioner, no massage technician, massage technician aide or other person shall massage the genitals or anal area of any patron or the breast(s) of any female patron, nor shall any operator or manager of a massage establishment allow or permit such massage. No massage operator or designated manager, while performing any task or service associated with the massage business, shall be present in any room with another person unless the person's genitals, gluteal crease, anus or, in the case of a female, her breast(s), are fully covered. 2. Names. No person granted a permit pursuant to this Chapter shall use any name or conduct business under any designation not specified in his or her permit. AGENDA ITEM N0. 31 PAGE __0___OF___IV_ CITY COUNCIL ORDINANCE NO. 1222 PAGE 10 OF 36 3. Manager on Premises. All massage establishments required to be licensed under this Chapter shall have a manager on the premises at all times the massage establishment is open. The operator of each massage establishment shall file a statement with the Police Chief designating the person or persons with power to act as a manager. The operator shall also file with the Police Chief a statement, as required by Section 5.18.040A.11. above, signed and dated by each such designated manager certifying under penalty of perjury that they: a. Have received a copy of this Chapter; b. Understand its contents; and C. Understand the duties of a manager as provided in this Chapter. The operator and/or on -duty manager shall post, on a daily basis, the name of each on -duty manager in a conspicuous public place in the lobby of the massage establishment. The operator, or the manager in the operator's absence, shall be responsible for ensuring compliance with this Chapter. 4. Licensed Massage Technician on Premises. No licensed establishment shall be open for business without having at least one massage technician holding a current valid permit for the specific establishment on the premises and on duty at all times when the establishment is open. 5. Display of Permits and Identification Cards. The operator and/or designated manager(s) shall ensure the massage technician permit for each massage technician employed at the establishment (whether on duty or not) is conspicuously displayed in a public place in the lobby and that each massage technician is wearing or has in their possession the identification required by Section 5.18.080B.3. at all times when in the massage establishment. Such identification shall be provided to city regulatory officials upon demand. 6. Operator/Manager Responsibility. An operator and/or on- duty manager shall be responsible for the conduct of all employees while the employees are on the licensed premises. Any act or omission of any employee constituting a violation of the provisions of this Chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended, denied or renewed. 7. Licensed Massage Technicians. No operator or manager shall employ any person as a massage technician who does not have a valid AGENDA ITEM NO. )) PAGE 10 OF�___, CITY COUNCIL ORDINANCE NO. 1222 PAGE 11 OF 36 massage technician permit issued pursuant to this Chapter. Every operator or manager shall report to the Police Chief any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the Police Chief. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within five days of the date of hire or termination. The operator shall deliver the permit and photo identification card of any massage technician no longer employed by the operator to the Police Chief within five business days. 8. Clothing. All persons employed in the massage establishment shall be fully clothed at all times. Clothing shall be of a fully opaque, non- transparent material and shall provide complete covering of their genitals, pubic area, buttocks, anal area and chest area. 9. Roster of Employees. The operator and/or on -duty manager shall maintain a register of all employees, showing the name, nicknames and aliases used by the employee, home address, age, birth date, gender, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information on each employee shall be maintained in the register on the premises for a period of two years following termination. The operator and/or manager on duty shall make the register of employees available immediately for inspection by police upon demand of a representative of the Police Department at all reasonable times. 10. Outcall Massages. It shall be unlawful for any massage technician to perform any massage services in any commercial establishment other than a premises holding a valid massage establishment permit or business office occupied by the customer. 11. Insurance. Each operator shall provide the Police Chief with evidence of the insurance required by Section 5.18.090B.13. prior to the issuance of the permit during the background process. 12. Compliance with Code. The operator shall comply with all provisions of this Chapter and any applicable provisions of the Lake Elsinore Municipal Code. C. Outcall massages may be booked by the operators and/or managers of a massage establishment at locations listed in subsection B.10. of this .AGENDA ITEM NO.,��___,� PAGE CITY COUNCIL ORDINANCE NO. 1222 PAGE 12 OF 36 section, so long as such outcall massages are incidental to the operation of the massage establishment and so long as the following requirements are met: 1. Identification Cards. The operator and/or manager shall ensure that, at all times while conducting business outside of the massage establishment, each massage technician wears or has in their possession the identification required by Section 5.18.080B.3. Such identification shall be provided to city regulatory officials upon demand. 2. Establishment/Operator Responsibility. The operator and/or manager shall be responsible for the conduct of all employees while they are acting on behalf of the massage establishment. Any act or omission of any employee constituting a violation of the provisions of this Chapter shall be deemed the act or omission of the operator for proposes of determining whether the operator's license shall be revoked, suspended, denied or renewed. 3. Licensed Massage Technicians. No operator and/or manager shall allow any person to act as a massage technician outside of the massage establishment who does not have a valid massage technician permit issued pursuant to this Chapter and who does not normally perform massage within the massage establishment. 4. Clothing. All persons employed by the massage establishment shall be fully clothed at all times while acting on behalf of the establishment or performing under the massage establishment permit. Clothing shall be of a fully opaque, non - transparent material and shall provide complete covering of their genitals, pubic area, buttocks, anal area and chest area. 5. Services List. The massage technician shall carry an updated list of services available and the cost of such services and shall provide it to the potential patron for their review. No massage technician shall offer or perform any service other than those posted. 6. Lighting. If massages are provided in an enclosed location, the massage technician shall ensure that each room or enclosure in which a massage is given has lighting and ventilation that complies with the Uniform Building Code. The lighting in each room or enclosure shall be activated at all times while the patron is in such room or enclosure. AGENDA ITEM NO,_24 PACE-- - 2�®E__Z , CITY COUNCIL ORDINANCE NO. 1222 PAGE 13 OF 36 7. Massage Tables and Chairs. Proper massage tables or massage chairs shall be utilized, which have at least two -inch thick foam pads covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted to be used or on the premises. 8. Sterilizing Equipment. Each massage technician shall provide and maintain at the location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage. 9. Linen. Common use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use. Separate cabinets or containers shall be provided for the storage of clean and soiled linen and such cabinets or containers shall be plainly marked: "clean linen" and "soiled linen ". No contraception devices, i.e. condoms or other prophylactic shall be allowed on the premises or possessed by any employee. 10. Alcoholic Beverages /drugs. No person shall enter, be in or remain in any place where massages are being performed while in possession of, consuming, using or under the influence of any alcoholic beverage or controlled substance. The massage technician shall be responsible to ensure that no such person shall enter or remain in the massage area. Service of alcoholic beverages shall not be permitted. 11. Recordings. No electrical, mechanical or artificial device shall be used by the massage technician, massage technician aide or other person for audio and/or video recording or for monitoring the performance of a massage or the conversation or other sounds in the massage rooms without the knowledge or consent of the patron. 12. Coverings. The massage technician shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patrons' specified anatomical areas, including the genital area, anus and female breast(s). No common use of such coverings shall be permitted, and re -use is prohibited unless adequately cleaned. 13. Records of Treatment. The operator of the massage establishment shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of technician administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the establishment/operator to determine if the AGENDA ITEM NO. PACE 13 __OF --- CITY COUNCIL ORDINANCE NO. 1222 PAGE 14 OF 36 patron has any communicable diseases, areas of pain, high blood pressure or any physical condition which may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment and shall be retained for a period of 24 months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this Chapter and for no other purpose. The Police Department shall periodically inspect the records to ensure compliance with this section. The records shall be kept at the massage establishment. The information furnished or secured as a result of any such records should be used only to ensure and enforce compliance with this Chapter or any other applicable state or federal laws, and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor. 14. Hours of Operation. The massage technician shall ensure that massages are offered only during the times offered by the massage establishment. No person shall administer a massage on an outcall basis between the hours of 8:00 p.m. and 7:00 a.m. A massage begun any time before 8:00 p.m. must nevertheless terminate at 8:00 p.m. All customers, patrons and visitors shall be advised of these hours. 15. Advertising. No operator granted a permit under this Chapter or any massage technician operating under the permit shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available on an outcall basis other than those services described in this Chapter. Nor shall any operator or massage technician employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available on an outcall basis other than those services authorized by this Chapter. 16. Discrimination. No operator or massage technician may discriminate or exclude patrons on the basis of their race, sex, religion, age, handicap or any other classification protected under federal or state laws, rules or regulations. 17. Inspections and Searches. The massage establishment operator consents to the inspection of the massage establishment by the city's building and safety, fire department, Police Department, code enforcement and the health department for the purpose of determining that the provisions of this AGENDA ITEM RAGE__ LA _®F CITY COUNCIL ORDINANCE NO. 1222 PAGE 15 OF 36 Chapter or other applicable laws or regulations are met. The massage technician consents to the inspection of the occupied massage rooms by the Police Department for the purpose of determining that the provisions of this Chapter are met upon occurrence of any of the conditions described in Section 5.18.090B.18. which would require the posting of the Notice to All Patrons. 5.18.060 Massage technician permit. No person shall perform or administer a massage or advertise to provide massage services in the City of Lake Elsinore unless such person has in effect a valid massage technician permit issued pursuant to Sections 5.18.070 and 5.18.080 of this Chapter. A massage technician shall comply with the requirements of Sections 5.18.070 and 5.18.080. 5.18.070 Application for massage technician permit. A. Any person desiring a massage technician permit shall file a written application on the required form with the Police Department. The application shall be accompanied by the appropriate filing fee established by resolution of the City Council. The application shall contain the following information: 1. A statement of the exact location at which the applicant will be working as a massage technician, including the full street address and all telephone numbers associated with the location and the name and address and the following personal information concerning the applicant: a. Full complete name and all aliases used by the applicant, along with complete residence address and telephone; b. All previous residential addresses for eight years immediately preceding the current address of the applicant; C. Acceptable written proof that the applicant is at least 18 years of age; d. Proof of legal residency and /or the ability to legally work in the United States; e. Height, weight, color of hair and eyes and gender; AGENDA ITEM NO.��I PAGE 0 F CITY COUNCIL ORDINANCE NO. 1222 PAGE 16 OF 36 f. Two front -faced portrait photographs at least two inches by two inches in size; g. The business, occupation and employment history of the applicant for the eight years immediately preceding the date of the application; h. The complete permit history of the applicant and whether such person has ever had any license or permit, issued by any agency, board, city or other jurisdiction, denied, revoked or suspended and the reasons therefore; 2. All criminal convictions, including pleas of nolo contendere, within the last ten years, including those dismissed or expunged pursuant to California Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor; 3. A complete set of fingerprints taken by the Police Department; 4. Such other information and identification as the Police Chief may require in order to discover the truth of the matters herein specified and as required to be set forth in the application; 5. Authorization for the city, its agents and employees to seek verification of the information contained in the application; 6. A statement in writing and dated by the applicant certifying under penalty of perjury that all information contained in the application is true and correct; 7. A statement in writing and dated by the applicant certifying under penalty of perjury that he or she: provided in this Chapter. a. Has received a copy of this Chapter; b. Understand its contents; and C. Understands the duties of a massage technician as AGENDA ITEM N0. & CITY COUNCIL ORDINANCE NO. 1222 PAGE 17 OF 36 8. If, during the term of a permit, a permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the Police Department of such change within ten business days thereafter, in writing. B. Each applicant must furnish, along with his or her photograph, an original or certified copy of a diploma or certificate and certified transcript of graduation for completion of 720 hours of instruction from an approved or recognized school of massage, wherein the method, practice, profession, theory, ethics, anatomical and physiological knowledge and practice of massage is taught by state certified instructors. The applicant must also supply a course description, an outline of material covered and a letter to the city from the school administrator verifying completion. I. The Police Chief may consider an applicant's study of massage completed outside the State of California if proof of completion from a formalized course of study in massage practice, anatomy and/or physiology is provided with the application. Proof of completion shall include dates of study and the name, address and phone number of the school attended. 2. Any outside course of study submitted for approval shall meet the State of California's Bureau of Private Post - Secondary Vocational Education's minimum requirements and be for completion of 720 hours of on- premises training. C. The applicant must also meet and provide documentary proof of the following requirement: completed 720 hours of instruction in a massage specialty (therapeutic approach) at a recognized school of massage taught by state - certified instructors. D. The applicant must also provide documentary proof of a valid policy of insurance from a company authorized to do business in the State of California evidencing that the permittee is insured under a liability insurance policy providing minimum coverage of two million dollars ($2,000,000) for personal injury or death to one person arising out of the administration of a massage. The policy must remain in full force and effect while the massage technician license is valid and is subject to inspection and verification by the Police Department. AGENDA ITEM NO. 'SAGE_! ] - ®F. CITY COUNCIL ORDINANCE NO. 1222 PAGE 18 OF 36 E. The applicant must be willing to participate in a written and/or practical examination conducted by the Police Department or their representative. The representative shall consist of a member(s), appointed by either the health officer or the Police Department, who are qualified by reason of education and experience concerning the methods and procedures used in the practice of massage. The health officer and/or the Police Department shall develop and establish standards and procedures for the panel governing the administration of examinations for applicants for a massage technician license in order to determine whether such applicants are competent to engage in the practice of massage, and the health officer and/or the Police Department shall exercise such supervision as may be necessary to assure compliance therewith. 5.18.080 Massage technician permit issuance and denial. A. Upon receipt of a written application for a permit, the Police Chief shall conduct an investigation in such manner as he or she deems appropriate in order to ascertain whether such permit should be issued as requested. The Police Chief shall approve, conditionally approve or deny the application within 60 days of the filing of an application. The 60 -day period may be continued for an additional 30 days if necessitated by the occurrence of events beyond the control of Police Chief. The Police Chief shall issue such permit as requested, unless he or she makes any of the following findings: 1. The applicant has within ten years preceding the date of the application been convicted of any of the following: a. A violation of California Penal Code Sections 266(h), 266(1), 314, 315, 316, 318, California Penal Code Section 647 (a) or (b), or that the applicant is required to register under the provisions of California Penal Code Section 290, or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Section 415 or any lesser included or lesser related offense in satisfaction of, or as a substitute for, any of the previously listed crimes; b. A violation of California Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058; or AGENDA 9 t E "1I N0. PAGE _®F CITY COUNCIL ORDINANCE NO. 1222 PAGE 19 OF 36 C. Any offense in any other state which is the equivalent of any of the above - mentioned offenses. 2. The applicant has engaged in conduct which would constitute an offense as described in subsection A. La. of this section within ten years immediately prior to the filing of any application; 3. The applicant has committed an act, which, if committed in this state would have been a violation of law and which, if done by a permittee under this Chapter, would be grounds for denial, suspension or revocation of the permit; 4. The applicant has been convicted of an act involving theft, dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are substantially related to the qualifications, functions or duties of a massage technician; 5. The applicant has had a massage establishment permit or massage technician's permit or other similar license or permit denied, suspended or revoked for cause by a licensing authority or by any city, county or state within ten years prior to the date of the application; 6. The applicant has knowingly made a false, misleading or fraudulent statement or omission of fact to the city in the permit application process; 7. The application does not contain the information required by Section 5.18.070; 8. The applicant failed to pass any written or practical examination given by the Police Department or health officer; 9. The applicant has not satisfied the requirements of this Chapter in the time specified; 10. If the application is denied for failure to comply with subsections A.6., 7. or 8. above, the applicant may not reapply for a period of six months from the date the application was denied. AGENDA S d E...4 No. cS j PAGE Iq_OF _ CITY COUNCIL ORDINANCE NO. 1222 PAGE 20 OF 36 B. All massage technicians shall comply with the following conditions and any other conditions specified by the Police Chief on issuance of the massage technician's permit: I. Prohibited Massage Areas. Except to the extent required, in writing, by a state- licensed medical practitioner, no massage technician, massage technician aide or other person shall massage the genitals or anal area of any patron or the breast(s) of any female patron. No massage technician, massage technician aide or other person, while performing any task or service associated with the massage business, shall be present in any room with another person unless the person's genitals, gluteal crease, anus or, in the case of a female, her breast(s), are fully covered. 2. Covering. No massage technician shall massage any patron unless the person's genitals, gluteal crease, anus and, in the case of a female, her breast(s), are fully covered at all times while the technician or other employee is present in the same room as the patron. 3. Identification Cards. The massage technician shall wear or have in their possession a photo identification card prepared and issued by the city at all times when present in the massage establishment. Such identification shall be provided to city regulatory officials upon demand. When worn, the identification card shall be worn on outer clothing with the photo side facing out. If a massage technician changes his or her business address, he or she shall, prior to such change, obtain from the Police Chief a new photo identification card and advise the Police Department, in writing, of the new business address. 4. Massage Locations. Massage technicians shall not perform any massage at any location other than the massage establishment specified on the permit or at an outcall location booked by that massage establishment pursuant to Section 5.18.050C. 5. Names. While on duty, the massage technician shall not use any name other than that specified on the photo identification card. 6. Clothing. Massage technicians, massage technician aides and other persons shall be fully clothed at all times. Clothing shall be of a fully opaque, non - transparent material and provide complete covering of their genitals, pubic area, buttocks, anal area and chest area. AGENDA ITEM N0. 3� FADE (� OF CITY COUNCIL ORDINANCE NO. 1222 PAGE 21 OF 36 7. Inspections and Searches. The massage technician consents to the inspection of the massage establishment by the city's building and safety, fire department, Police Department, code enforcement and the health department for the purpose of determining that the provisions of this Chapter or other applicable laws or regulations are met. The massage technician consents to the inspection of the occupied massage rooms by the Police Department for the purpose of determining that the provisions of this Chapter are met upon occurrence of any of the conditions described in Section 5.18.090B.18., which would require the posting of the Notice to All Patrons. 5.18.090 Requirements of operation of a massage establishment. A. Facilities. 1. Structure. Massage establishments shall be located in a zoning district which permits such use. When a new massage establishment is constructed, a set of plans shall be submitted to the City of Lake Elsinore for approval and shall be accompanied by the appropriate plan check fee. 2. Signs; Display of Permits. Each operator shall post and maintain, in compliance with existing state and city laws, a readable sign identifying the premises as a massage establishment. The sign and the front of the business shall not be illuminated by strobe or flashing lights. Each operator and/or on -duty manager shall display the operator's permit in a conspicuous public place in the lobby of the massage establishment. In addition, as indicated in Section 5.18.050B.5., each operator and/or on -duty manager shall ensure the massage technician permit for each massage technician employed at the establishment (whether on -duty or not) is conspicuously displayed in a public place in the lobby, and that each massage technician is wearing or has in their possession the identification required by Section 5.18.080B.3. at all times when in the massage establishment. The operator and /or on -duty manager must also post, on a daily basis in a conspicuous public place in the lobby, the name of the operator and/or on -duty manager, as well as all on- duty massage technicians. Finally, the hours of operation must be posted in the front window and clearly visible from the outside. 3. Services List. Each operator shall post and maintain a list of services available and the cost of such services in a conspicuous public place within the premises. No operator or responsible managing employee shall permit, AGENDA ITEM NO. '�;I PAGE_ c�®F_ CITY COUNCIL ORDINANCE NO. 1222 PAGE 22 OF 36 and no massage technician shall offer or perform, any service other than those posted. 4. Lighting. Each operator shall provide in each room where massage is given sufficient lighting and ventilation that complies with the Uniform Building Code. The lighting in each massage room shall be activated at all times while the patron is in such room or enclosure. 5. Bath Facilities. A minimum of one toilet and one separate wash basin shall be provided for patrons in each massage establishment, which basin shall provide soap or detergent and hot running water at all times and shall be located within close proximity to the area devoted to the performing of massage services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom hand wash sink. No bar soap can be used. A trash receptacle shall be provided in each toilet room. Showers may be provided at the operator's option. 6. Separate Rooms. If male and female patrons are to be treated simultaneously at the same massage establishment, separate massage rooms shall be provided for male and female patrons. 7. Maintenance. All facilities for the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be made smooth and easily cleanable. No carpeting shall be installed in any of these areas. 8. Massage Table. A massage table shall be provided in each massage room and the massage shall be performed on this massage table. The tables should have a minimum height of 18 inches. Two -inch thick foam pads with maximum width of four feet may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the premises. B. Operations. 1. Equipment. Each operator and/or on -duty manager shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage. AGENDA ITEM N0. (3I PAGE a D CAF Zie_ CITY COUNCIL ORDINANCE NO. 1222 PAGE 23 OF 36 2. Inspections. The operator and/or on -duty manager consents to the inspection of the massage establishment by the city's building and safety department, fire department and Police Department and the county health department for the purpose of determining that the provisions of this Chapter or other applicable laws or regulations are met. a. The city's building and safety department, fire department, Police Department and the county health department may, from time to time, make an inspection of each massage establishment for the purpose of determining that the provisions of this Chapter, state law or other applicable laws or regulations are met. Routine inspections shall not occur more than twice a year, unless violations are found or complaints are received. Criminal investigations may be conducted as directed by the Police Chief. The Police Department may inspect the occupied massage rooms for the purpose of determining that the provisions of this Chapter are met upon occurrence of any of the conditions described in subsection B.18. of this section which would require the posting of the Notice To All Patrons. During an inspection, the Police Department may verify the identity of all on -duty employees. b. Inspections of the massage establishment shall be conducted during business hours. C. A person who operates a massage establishment or his or her agent, servant or employee commits an offense if he or she refuses to permit a lawful inspection of the premises by a representative of the Police Department at any time it is occupied or open for business. 3. Linen. Common use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use. Separate cabinets or containers shall be provided for the storage of clean and soiled linen, and such cabinets or containers shall be plainly marked: "clean linen" and "soiled linen ". No contraception devices, i.e. condoms or other prophylactic shall be allowed on the premises or possessed by any employee. 4. Sterilizing Equipment. Each massage technician shall provide and maintain at the location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage. 5. Living Prohibited. No person or persons shall be allowed to live inside the massage establishment at any time. All living quarters shall be AGENDA ITEM NO._ PACE 3_OF CITY COUNCIL ORDINANCE NO. 1222 PAGE 24 OF 36 separate from the massage establishment. No food of any kind shall be prepared for sale or sold in the establishment unless an appropriate food vending permit is granted by the County of Riverside. 6. Alcoholic Beverages /drugs. No person shall enter, be in or remain in any part of a massage establishment licensed under this Chapter while in possession of, consuming, using or under the influence of any alcoholic beverage or controlled substance. The owner, operator and manager shall be responsible to ensure that no such person shall enter or remain upon the massage establishment. Service of alcoholic beverages shall not be permitted. 7. Recordings. No electrical, mechanical or artificial device shall be used by the operator or any employee of the massage establishment for audio and/or video recording or for monitoring the performance of a massage or the conversation or other sounds in the massage rooms without the knowledge or consent of the patron. 8. Roster. The owner, operator or on -duty manager of the massage establishment shall keep a complete and current list of the names and residence addresses of all massage technicians and employees of the massage establishment and the name and residence addresses of the manager or managing employee purported to be principally in charge of the operation of the massage establishment. The above information on each employee shall be maintained in the register on the premises of the dwelling or residence out of which the home occupation massage business is conducted for a period of two years following termination. This roster shall be kept at and/or on the premises and be available for inspection by officials charged with enforcement of this Chapter. 9. Coverings. Each massage establishment shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patrons specified anatomical areas, including the genital area, anus and female breast(s). No common use of such coverings shall be permitted, and re -use is prohibited unless adequately cleaned. 10. Records. Every person operating a massage establishment shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of technician administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the operator to determine if the patron has any AGENDA ITEM N0._- PAGE �. F CITY COUNCIL ORDINANCE NO. 1222 PAGE 25 OF 36 communicable diseases, areas of pain, high blood pressure or any physical condition which may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment and shall be retained for a period of 24 months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this Chapter and for no other purpose. The Police Department shall periodically inspect the records to ensure compliance with this section. The records shall be kept on the premises of the massage establishment for a period of two years. The information furnished or secured as a result of any such records should be used only to ensure and enforce compliance with this Chapter or any other applicable state or federal laws and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City of Lake Elsinore shall constitute a misdemeanor. 11. Hours of Operation. The owner must advise the city, in writing, at the time of application for a permit of the business hours and any changes in hours. No person shall operate a massage establishment or administer a massage in any massage establishment or at an outcall location booked by that massage establishment pursuant to Section 5.18.050C. between the hours of 9:00 p.m. and 7:00 a.m. A massage begun any time before 9:00 p.m. must nevertheless terminate at 9:00 p.m. All customers, patrons and visitors shall be excluded from the massage establishment during these hours and be advised of these hours. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and in the front window clearly visible from the outside. 12. Advertising. No massage establishment granted a permit under this Chapter shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services described in this Chapter. Nor shall any massage establishment employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available other than those services authorized by this Chapter. 13. Insurance. No person shall engage in, conduct or carry on the business of a massage establishment unless there is on file with the Police Department, in full force and effect at all times, documents issued by an insurance company authorized to do business in the State of California evidencing that the AGENDA ITEM NO. 61 PAGE cl5__t�F -- CITY COUNCIL ORDINANCE NO. 1222 PAGE 26 OF 36 permittee is insured under a liability insurance policy providing minimum coverage of two million dollars ($2,000,000) for personal injury or death to one person arising out of the operation of any massage establishment and the administration of a massage. 14. Handicapped Areas. All massage establishments must comply with all state and federal laws and regulations for handicapped customers. 15. Compliance. Proof of compliance with all applicable provisions of the Lake Elsinore Municipal Code shall be provided. 16. Doors. All front, reception, hallway or front exterior doors (except back or exterior doors used solely for employee entrance to and exit from the massage establishment) shall be unlocked during business hours, except as may be permitted by applicable law (such as the Uniform Fire Code) which allow for safety doors which may be opened from the inside when locked. No massage may be given within any cubicle, room, booth or any area within a massage establishment which is fitted with a lock of any kind (such as a locking door knob, padlock, dead bolt, sliding bar or similar device), unless the only door is an exterior door. 17. Access. No person(s) other than valid permit holders under this Chapter and customers will be allowed anywhere in the massage establishment other than the lobby /reception area during hours of operation. Entry doors to any room shall not be obstructed by any means. 18. Discrimination. No massage establishment may discriminate or exclude patrons on the basis of their race, sex, religion, age, handicap or any other classification protected under federal or state laws, rules or regulations. 19. Prohibited Massage Areas. Except to the extent required in writing by a state - licensed medical practitioner, no massage technician, massage technician aide or other person shall massage the genitals or anal area of any patron or the breast(s) of any female patron, nor shall any operator or manager of a home occupation massage business allow or permit such massage. No home occupation massage business operator, while performing any task or service associated with the massage business, shall be present in any room with another person unless the person's genitals, gluteal crease, anus or, in the case of a female, her breast(s), are fully covered. AGENDA ITEM N0. PAGE c OF CITY COUNCIL ORDINANCE NO. 1222 PAGE 27 OF 36 20. Clothing. All persons employed in a massage establishment shall be fully clothed at all times while acting on behalf of the business or performing under the massage establishment permit. Clothing shall be of a fully opaque, non - transparent material and shall provide complete covering of their genitals, pubic area, buttocks, anal area and chest area. 21. Names. No person granted a permit pursuant to this Chapter shall use any name or conduct business under any designation not specified in his or her permit. 22. Display of Permits and Identification Cards. The home occupation massage business operator shall ensure that, at all times while conducting business for the home occupation massage business, each massage technician has his or her massage technician permit in their possession and wears or has in their possession the identification required by Section 5.18.050B.3. Such identification shall be provided to city regulatory officials upon demand. 23. Access. No person(s) other than valid permit holders under this Chapter and customers will be allowed anywhere in the massage establishment other than the lobby /reception area during hours of operation. Entry doors to any room shall not be obstructed by any means. 24. Operator Responsibility. Any act or omission of any employee constituting a violation of the provisions of this Chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended, denied or renewed. 25. Licensed Massage Technicians. No operator shall employ any person as a massage technician who does not have a valid massage technician permit issued pursuant to this Chapter. Every operator shall report to the Police Chief any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the Police Chief. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within five days of the date of hire or termination. The operator shall deliver the permit and photo identification card of any massage technician no longer employed by the operator to the Police Chief within five days. 26. Notices. The Police Chief may require that the following notice be posted in the event that any employee of the massage establishment or A6WA ITEM NO. 61 PAGE a OF_ 3,jQ, CITY COUNCIL ORDINANCE NO. 1222 PAGE 28 OF 36 any person who has been aided and abetted by an employee of the massage establishment has been found, after full hearing by administrative proceeding or state court, to have violated any of the offenses listed in Sections 5.18.050 or 5.18.080K. NOTICE TO ALL PATRONS THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE LAKE ELSINORE POLICE DEPARTMENT WITHOUT PRIOR NOTICE. a. The notice set forth above shall be prepared and issued by the Police Chief. b. The notices shall be conspicuously posted in a location within the massage establishment that are easily visible to any person entering the premises and in each massage room. The notice shall be so posted for 12 months following the violation of any of the offenses set forth above. C. The requirement for posting the notice described in this section is cumulative and in addition to all other remedies, violations and penalties set forth in this Chapter or in the ordinances, laws, rules or regulations of the City of Lake Elsinore, County of Riverside and the State of California. 5.18.100 Health certificate. A. Before issuing or renewing a certificate of registration, the Police Chief shall submit the name and address of the applicant to the county health officer and shall advise the applicant that he or she must report for examination or, alternatively, the applicant may report to a private medical doctor duly licensed to practice medicine in the State of California for examination. The Police Chief shall not issue a certificate until advised that the applicant has been examined by the county health officer or his or her private physician and has been found to be free of any contagious or communicable disease as defined in this Chapter. B. In addition to the above requirements, upon submission of an initial application for a certificate of registration or upon annual renewal thereafter, the applicant shall submit to the Police Chief a certificate from a medical doctor stating that the applicant has, within 15 days immediately prior thereto, been AGENDA iTEM No. 'Si PAGE s'� � OF At CITY COUNCIL ORDINANCE NO. 1222 PAGE 29 OF 36 examined and found to be free of any contagious or communicable disease as defined in this Chapter; and if said applicant is not so found free of any contagious or communicable disease, his or her certificate of registration shall be revoked by the Police Chief. Failure to provide such health certificate shall result in revocation of certificate of registration held by applicant. C. For purposes of this Chapter, "contagious and communicable diseases" shall include tuberculosis and hepatitis A, B and C. D. Notwithstanding the above, if a person with a communicable disease wishes to be considered for licensing by the city, such individual must provide a report from an appropriate medical specialist concluding that, based upon a recent physical and review of medical records, allowing such individual to practice massage therapy would not interfere with the individual's treatment or health and that the individual's practice of massage therapy would not create a risk to patients, including patients with compromised immune systems. The report shall include any precautions recommended by the medical specialist. E. The report or certification of an appropriate medical specialist must provide a description of his or her specialty and practice and including a detailed description of the physical and medical history he or she conducted, including the results of any tests for such individual. 5.18.110 Changes of business. A. Every massage establishment operator shall report immediately to the Police Department any and all changes of ownership or management of the massage establishment or business, including, but not limited to, changes of manager or other person principally in charge, stockholders holding more than five percent of the stock of the corporation, officers, directors and partners in any and all changes of name, style or designation under which the business is to be conducted and all changes of address or telephone numbers of the massage business. A change of location of any of the premises may be approved by the Police Chief, provided there is compliance with all applicable regulations of the City of Lake Elsinore. B. No massage technician permit or establishment permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of such AGENDA ITEM NO. 31 CITY COUNCIL ORDINANCE NO. 1222 PAGE 30 OF 36 permit and such permit shall thereafter be null and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the Police Chief, shall be placed in the name of the surviving partners. No massage technician permit may be sold, transferred or assigned by a permittee or any operation of law to any other person or persons. 5.18.120 Fees. The City Council shall establish by resolution, and from time to time may amend, the fees for the administration of this Chapter. The City shall include in this resolution a Health Services Fee Schedule, prescribing annual fees to be paid by the operator of each massage establishment, such fees to be paid directly to the health services agency of the County of Riverside and retained by the county as reimbursement for the services related to this Chapter, if the health service agency is utilized in the written or practical examination as described in Section 5.18.070E. Fees required by this Chapter shall be in addition to any other required fees. 5.18.130 Exemption; existing permittees. A. The requirements of this Chapter shall have no application and no effect upon and shall not be construed as applying to any persons designated as follows: state - licensed physicians, surgeons, chiropractors, physical therapists, osteopaths or any registered or licensed vocational nurse working on the premises of, and under the direct supervision of, a state - licensed physician, surgeon, chiropractor or osteopath. Practical nurses or other persons without qualifications as massage technicians, whether employed by physicians, surgeons, chiropractors or osteopaths or not, may not give massage or massage procedures. B. Commencing on the effective date of this Chapter, all permits are to be issued in accordance with the provisions of this Chapter. C. Existing massage establishment operator's, manager's and massage technician's permits shall continue in effect until expiration. All existing massage technician permit holders shall have an additional 24 months from the effective date of this Chapter to meet and comply with the 720 -hour training requirement. AGENDA ITEM NO. PAGE___g___'0E CITY COUNCIL ORDINANCE NO. 1222 PAGE 31 OF 36 D. Each owner or operator of a massage establishment legally doing business on the effective date of this Chapter shall apply for a permit not later than 90 days therefrom, and shall comply with all requirements which are prerequisites for issuance of a permit before such a permit may be issued. If a permit is denied for any such business, the business shall cease operation upon issuance of the Police Chiefs decision. 5.18.140 Transfer and duration of permits. A. No permit issued hereunder shall be transferable to any other person or establishment; provided, however, an additional location or change of location of a massage technician permit will be allowed upon prior written notice to the Police Chief and payment of the appropriate transfer fee. B. Permits for massage establishment operators, managers and technicians shall be renewed on a year- to -year basis, provided that the permittee continues to meet the requirements set out in this Chapter. C. Applications for the next ensuing permit shall be filed with the Police Chief before the expiration of the existing permit. Temporary permits will not be issued and renewal applications must be filed no later than 60 days prior to the expiration of the permit to prevent a lapse of the permit. D. Renewal applications shall require such information as may be required by the Police Chief to update the information contained in the original permit application. The applicant shall accompany the application for renewal with the appropriate filing fee. E. Every massage technician licensed under this Chapter shall annually complete at least 12 hours of continuing education courses in massage from schools or institutions as described in Section 5.18.070B. or C., or from equivalent organizations as determined by the Police Chief. Failure to complete such hours and submit proof of such completion in a form satisfactory to the Police Chief at the time of permit renewal shall be grounds for denial of permit renewal. The minimum requirement of 20 hours of continuing education courses to renew a permit is based on a 500 -hour education recommendation for membership in the American Massage Therapists Association (AMTA). If recommended hours of education for membership in the AMTA increase, the number of continuing education hours for renewal of permits under this section shall increase in direct AGENDA ITEM N0'____.(:3 1 PAG E_jL_-0 F_2j,0__.._. CITY COUNCIL ORDINANCE NO. 1222 PAGE 32 OF 36 proportion to the increase of education hours required for membership in the AMTA. 5.18.150 Suspension, revocation, denial and appeal. A. Violation and Noncompliance. The Police Chief may refuse to renew a permit or may revoke or suspend an existing permit on the grounds that the applicant or permit holder has failed to comply with the permit conditions or other requirements of this Chapter. If a suspended permit lapses during the suspension period, a new application must be made at the end of the suspension period. In any such case, the applicant or permit holder shall have the right to appeal to the City Council in the time and manner set forth in this section. B. Revocation and Suspension of Massage Establishment or Manager Permit. 1. The Police Chief may revoke or refuse to renew an establishment or manager's permit if he or she makes any of the findings for denial of a permit under Section 5.18.050A., B.1. or B.7. or D.1., upon any subsequent violation of any provision within one year following prior suspension under subsection B.2. below or upon demonstrated inability to operate or manage the massage establishment in a law abiding manner, thus necessitating action by law enforcement officers. 2. The Police Chief may suspend a massage establishment or manager's permit for a period of 30 days for each violation of Section 5.18.080B. not listed above or Section 5.18.090. C. Revocation and Suspension of Massage Technician Permit. 1. The Police Chief may revoke or refuse to renew a massage technician permit if he or she makes any of the findings for denial of a permit under Section 5.18.080A., B.1., B.2. or B.6., Section 5.18.090, or upon any subsequent violation of any provision of this Chapter within one year following a suspension under subsection C.2. below; 2. The Police Chief may suspend a massage technician permit for a period of 30 days for each violation of Section 5.18.080B. not listed above or Section 5.18.090. AGENOA ITEM N®. 3J PAGEZ?g oF` r CITY COUNCIL ORDINANCE NO. 1222 PAGE 33 OF 36 D. Notice. When the Police Chief concludes that grounds for denial, suspension, revocation or refusal to renew a permit exist, the Police Chief shall serve the applicant or permit holder, either personally or by certified mail addressed to the business or residence address of applicant or permit holder, with a Notice of Denial or Notice of Intent to Suspend, Revoke or Refuse to Renew Permit. This notice shall state the reasons for the proposed action, the effective date of the decision, the right of the applicant or permit holder to appeal the decision to the City Council, and the decision will be final if no appeal is filed within the time permitted. E. Appeal. 1. The right to appeal to the City Council shall terminate upon the expiration of 15 days of the date of mailing of the notice. The notice of appeal is to be sent to the Police Department of the City of Lake Elsinore. 2. In the event an appeal is timely filed, the suspension or revocation shall not be effective until a final decision has been rendered by the City Council. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing appeals. 3. The City Council of the City of Lake Elsinore may preside over the hearing on appeal or, in the alternative; the City Manager may appoint a hearing officer to conduct the hearing, receive relevant evidence and submit to the City Council findings and recommendations to be considered by the City Council. The City Council shall render its decision within 45 days from the date of the hearing or, in the event that a hearing officer has been appointed, within 45 days from the date on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final. The applicant shall be entitled to notice of the basis for the proposed action, a copy of the documents upon which the decision was based and the opportunity to present contrary evidence at the hearing. If the denial is based upon failing the test, the applicant shall be entitled to review their test at the Police Department but shall not be entitled to a copy of the test. 4. Notice of the date, time and place of the hearing shall be mailed at least ten days prior to the date of the hearing, by U.S. mail, with proof of service attached, addressed to the address listed on the massage application, AGENDA ITEM N0. Z i PAGE OF-3L4 CITY COUNCIL ORDINANCE NO. 1222 PAGE 34 OF 36 massage technician application or the address given in the Notice of Appeal, as the case may be. 5. The following rules and evidence shall apply: a. Oral evidence shall be taken only under oath or affirmation. The hearing officer shall have authority to administer oaths and to receive and rule on admissibility of evidence; b. Each party shall have the right to call and examine witness, to introduce exhibit and to cross- examine opposing witnesses who have testified under direct examination. The hearing officer may call and examine any witness; C. Technical rules relating to evidence and witnesses shall not apply to hearings provided for in this Chapter. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons in the conduct of their affairs, regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay testimony may be admissible and used for the purpose of supplementing or explaining any evidence given in direct examination, but shall not be sufficient in itself to support a finding unless the testimony would be admissible over objection in civil actions. The rules of privilege shall be applicable to the extent they are now or are hereafter permitted in civil actions. Irrelevant collateral, undue and repetitious testimony shall be excluded. 6. No permit granted herein shall confer any vested right to any person or business for more than the permit period. All massage operators, managers and technicians subject to this Chapter shall comply with the provisions of this Chapter as they may be amended hereafter. 5.18.160 Violation and penalty. A. Violations of this Chapter may be enforced pursuant to the provisions of Chapter 1.20. B. Any massage establishment operated, conducted or maintained contrary to the provisions of this Chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, 40ENDA ITEM N0, �I PAGE�rOF � CITY COUNCIL ORDINANCE NO. 1222 PAGE 35 OF 36 proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishment businesses and restrain and enjoin any person from operating, conducting or maintaining a massage establishment or contrary to the provisions of this Chapter. SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this 8' day of May 2007, by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd day of May, 2007, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: AGENDA ITEM PAGE CITY COUNCIL ORDINANCE NO. 1222 PAGE 36 OF 36 ATTEST: Michelle Soto, Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Robert E. Magee, Mayor City of Lake Elsinore A6 FNDA ITEM NO. 3 PAGE _�_OF„� CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MAY 229 2007 SUBJECT: CR &R — ANNUAL CONSUMER PRICE INDEX INCREASE BACKGROUND A contract was awarded to CR &R, Inc. in June of 1992 to collect and dispose of all refuse and to collect and process all recyclables in the City of Lake Esinore. The contract specifies that rates be adjusted annually to reflect changes in the Consumer Price Index (CPI) and any increases in Riverside County Landfill Fees. DISCUSSION According to the data supplied by the Bureau of Labor Statistics for the year ending March 31, 2007, the CPI for the Los Angeles, Riverside and Orange County area increased by 3.8 %. This percentage increase is applied to all operations of CR &R. The CPI increase will result in a $1.06 per month increase for residential refuse collection. FISCAL IMPACT The contract specifies that 20% of the Grantee's gross revenues, less landfill fees, shall be payable to the City at the end of each quarter of the fiscal year. This rate adjustment will result in an increase in revenue to the City. RECOMMENDATION Staff recommends that the City Council approve the CPI increase and application of new rates for refuse pick -up, recycling and disposal (Exhibit A) to take effect on July 01, 2007. REPORT TO CITY COUNCIL MAY 229 2007 PAGE 2 PREPARED BY: KEN SEUMALO, DIRECTOR OF PUBLIC WORKS N- APPROVED FOR AGENDA BY: CITY MANAGEWS OFFICE Attachment: PAGE Methodolopy Consumer Price Index (CPI): Landfill Fee Increase: Schedule of Rates CITY OF LAKE ELSINORE EXHIBIT A 3.8% 3.3% or $.81 per ton 1. This type of service is no longer offered. 2. This type of service is no longer offered. 3. Service: $20.54 /month - $.50 SRRE fee - $3.65 landfill fee x 3.8 %= $ .62 Landfill: $.21 x $.81 increase per ton x 21 % diversion = $ .13 Total Increase: $ .75 /month 4. Service: $9.41 /month - $1.77 landfill fee x 3.8% _ $ •29 Landfill: $.21 x $.81 increase per ton x 21 % diversion = Total Increase: $ .42 /month 5. Service: $9.41 /month - $1.77 landfill fee x 3.8% _ $ •29 Landfill: $.21 x $.81 increase per ton x 21% diversion = Total Increase: $ .42 /month 6. Service: $128.21 /month - $.25 SRRE fee*- $30.24 landfill fee x 3.8 %= $3.72 Landfill: $.91 x $.81 increase per ton = $ •74 Total Increase: $4.46 /month 7. Service: $95.59 /month - $.25 SRRE fee - $22.69 landfill fee x 3.8 %= $2.77 Landfill: $.91 x $.81 increase per ton = $ •74 Total Increase: $3.51 /month 8. Service: $85.34/load - $7.72 landfill fee x 3.8 %= Landfill: $.91 x $.81 increase per ton = Total Increase: 9. Service: $39.96 per each x 3.8% CPI = 10. Service $231.66 per load x 3.8% CPI = 11. Service $231.66 per load x 3.8% CPI = $2.95 $ .74 $3.69 /load $1.52 /each $8.80/load $8.80 /load PAGE-1 �'- v CITY OF LAKE ELSINORE Schedule of Rates (effective July 1, 2007) 3. Fully automated single - family residential refuse collection, recycling, composting, transfer and disposal: $ 21.29 per month 4. Fully automated single - family residential additional refuse, recycling, and composting container monthly per container rate: $ 9.83 per month 5. Single family residential additional bulky item pick up above the minimum of 2 per calendar year: $ 9.83 per pickup 6. Commercial, industrial, and multi - family residential refuse monthly bin rates ( one 3 cubic yard bin) with the following pick ups per week: 1 x week $132.67 2 x week $239.32 3 x week $358.98 4 x week $478.64 5 x week $598.30 6 x week $717.96 7. Commercial, industrial, and multi - family residential refuse monthly bin rates ( one 1 -1/2 cubic yard bin) with the following pick ups per week: 8. Temporary 3 cubic yard bin rate: 9. Redelivery and reinstatement rate: 10. 40 cubic yard roll -off bin rate: 11. 10 cubic yard roll - off/lowboy rate: 1 x week $ .99.28 2 x week $187.99 3 x week '$2`82.00 4 x week $376.00 5 x week $47p.00 6 x week $564.15 $ 89.03 pickup $ 41.48 occurrence $240.46 + MRF /landfill fees $240.46 + MRF /landfill fees CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MAY 229 2007 SUBJECT: CITY PARK PLANTING PLAN BACKGROUND At the March 27th City Council meeting, the City Council approved staff's recommendation to remove the unsafe Eucalyptus trees fronting Main Street in City Park. Council requested staff complete a planting plan and timeline and bring it back for City Council review prior to any tree removal. DISCUSSION The attached planting plan reflects the installation of 22 new trees to replace the eight (8) Eucalyptus trees that will be removed along Main Street. Eight (8) 24" box Queen Palms, eleven (11) 15- gallon Pigmy Date Palms and three (3) 24" box Purple Leaf Plum trees will be planted. Through discussions with a former member of the Palm Tree Preservation Committee, two (2) Canary Island Date Palms have been identified for removal on Franklin Avenue just south of Dutton Street. These two palms would require removal in the near future with the anticipated Franklin Avenue Street and Drainage Improvements. The timeline for the project is as follows: Tuesday, May 22: City Council authorizes Planting Plan Thursday, May 24: Tree removal begins Thursday, May 31: Planting begins and Palms are relocated Friday, June 1: All planting is completed Agenda Item No. Page ( of _U FISCAL IMPACT As part of the March 27th meeting, the City Council authorized $8,187 for the Eucalyptus tree removal through the Parks Operating Budget. The cost for the new plant material is $4,235 installed and will be coordinated through the City's Landscape Architect. The cost to relocate the two (2) Canary Island Date Palms is $5,000. Staff would request that all related costs associated with this project be funded through the Parks Operating Budget. RECOMMENDATION It is staff's recommendation that the Mayor and City Council approve the Planting Plan, timeline and funding recommendation for the City Park Tree Removal and Replanting project. PREPARED BY: DAVID SAPP, DIRECTOR OF PARKS AND RECREATION APPROVED FOR AGENDA BY: CfW MANA EWS OFFIC Agenda Item No. Page 9— of _96 • 7 % T WN ZEN ct al 10-111 -•9 5 R51 E I s a, � A-71, f!� ra 1� P, X fp CA I I I 1 i I i 1 t s r r » s I I I I I I fI I I I II II i a • ?� 3 05/14/2007 13:20 5628601091 IL dAIW! ivUUJL — Yahoo: ,q ya yLgii LL ..a is �!!�qre goo, M A I L KOPATA ASSOCIATE #0307 P.001 /001 Welcome, ftobataassociates 2191-, Cwt Search: Addresses Calendar Notepad Check Mail Comp �--, Award-W; ... (more) tivil (Add 'Edit] Inbox Draft Sent Bulk [Empty) Trash [Empty] ..... ... .. . ..... ......... Search Shortcuts My Photos My Attachments see your credit ,gore - free pYahoo! a 00! Small Business news It resources $200K loan as gJa low as $771/mo.' Degrees for working adults. Previous I AE4(t I Back to MES-ER-CLI�r- Mail For Mobile - Ka--JlQP9La—des - 90cLILs- Search Mail Search the Web — J Forward a Spam Move... I - ----------- . . ........ This message is not flagged. [ Flag Message - Mark as Unread Printable . Vi A-W ..................... Date: Man, 14 May 2007 09:29:22 -0700 (PDT) "Roger Kobeta" <kobataassociatesQyaho0,CoM> Add to Address Book "X Add From: Mobfle Alert Subject; City Park Planting To: dsapp@Takeelsinore,org STATEMENT OF PROBABLE COST C4 7Y PARK PLANTING May 14, 2007 1. Trees 15 Gal. 11 110.00 ea. 1,210.00 24" Box 11 275.00 ea. 3,025.00 TotW $4,235-00 TV dinner sUll cooling? Check py t T " . ... . ....... � �ihts� picks,- on Yahoo! TV, Delete Reply Forward o Spam HOW- aac� to Kegge9 Save MC. Tex: Ful LE—eedus Previous keft I - Check . N a i I Compose Search Mail Search the Web copyright ®19942007 Yah =: Inc. All rights reEerved. 'e.-^6 Su:v,oe - c--z Po4c-v - C--ide: es - Ad NOTICE We collect personal irsfor-nation on this!Pte T V '> I o learn more spout how wV use your information, see our F:� 30y: --:;CY http-,Ilus.f376-maii.yahoo.cor.ulymIShowLetter?Msgld=162-1689445-18786-614-524-0—... 5/1412007 117r-M Ni 0. PP.` MAY 0 1 2007 Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com April 10, 2007 City of Lake Elsinore ATTN: Mr. Dave Sapp 521 N. Langstaff Street Lake Elsinore, CA 92530 RE: City Park Eucalyptus Dear Mr. Sapp, This report summarizes my assessment of some Eucalyptus trees (Eucalyptus spp.) located in City Park in the City of Lake Elsinore. The purpose was to evaluate their situation in relation to a structure around which and near which they are growing. I visited the site on April 9, 2007, and all comments that follow are based on ground -level observations made while onsite. OBSERVATIONS: The Eucalyptus trees in question are located in two places; one is along Main Street, and there are eight (8) Sugar Gums (E. cladocalyx) growing in front of the building, which is a restaurant (see Figures 1.1 &t 1.2). These specimens are mature and quite tall, with most exceeding 70' in height. The other location is just to the northwest of the building, and there are thirteen (13) Red Gums (E. camaldulensis), and these are growing close to each other in an irrigated planter area (see Figure 1.3). These trees are a bit smaller in trunk size and in height. The Sugar Gums appear to be in stable health, whereas the Red Gums seem to be in slightly declining health (see Figure 1.4). Both groups of trees have at one time been topped, and the tall growth is actually epicormic shoot growth that has been allowed to assume the upper crown growth (see Figure 1.5). This growth is of course towering over the restaurant (see Figures 1.6 &z 1.7). COMMENTS: Topping is the practice of reducing the overall height and spread of a tree by drastically cutting it back to its main trunk or to very large scaffold limbs. While it can be effective in containing the size of the tree, it can create serious problems as well, the most common one being that as a stress reaction to the topping, the tree will produce epicormic shoots that are designed to produce food and energy. Topping removes an extraordinary amount of live growth, stored food, and energy, and this results in a sudden and severe energy deficit, and the tree's natural reaction to such a stress is to produce growth at any costs, as a means of `trying to get out of debt'. One problem with this type of growth is that it is merely a reaction and not natural forming, and so the attachment that develops is inherently weaker than branching that forms naturally. Another problem is that both species discussed here naturally grow tall (both can attain heights exceeding 100'), and the reactionary shoots have been allowed to grow per their nature and have assumed the role of the upper crown. While the result is a number of specimens that seemingly look natural, the reality is that the previous topping has created poorly attached epicormic shoots that are now on most of these trees over 40' long. These shoots are now very heavy (as they have now become limbs in a sense) and are at a high risk of breaking, because one other consequence of topping is that decay I ree care Professionals Serving Communities Who Care About Trees www.WCAINC.com often forms where the topping cut occurred, since the cut created a large wound. Any sudden wind event, along with continuing decay at one of these attachment points, can cause any of these limbs to break and fall onto the restaurant, onto the street, or onto the ground, putting diners, passersby in vehicles, or parkgoers at risk of being hit. Unfortunately there have been documented incidents of trees in similar physical condition causing bodily harm, and so in my opinion the risk that these trees pose is real. RECOMMENDATIONS: Therefore I would consider wise to remove these trees as a means of mitigating the risk that they present. While it is never pleasant to remove living trees, it is sometimes necessary to do so as a means of maintaining adequate public safety. Of course, other species of trees more suited to the site can be planted once these trees are removed, and so this should also be considered one type of just compensation. Should you have any questions or require additional information, please feel free to contact me at (714) 991 -1900 ext.149. Sincerely, Tony Uno Consulting Arborist West Coast Arborists, Inc. AGEKCA ITEM NO... PAM- �OF��; aVE a .4t, , lie ox f z yy� Q k4+ v n ' y �u 'a< F' f 1 t 6 4. l �� 3 1 �Z q { i t _� S � y¢P �•4n �t. y. R{�F' ✓f l . r PI „ .x f ✓ ( � _ r P � 1 4' P 1 i. rm �D1 t � f > JI � � I� � • ki t � f > JI Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com ASSUMPTIONS AND LIMITING CONDITIONS 1. Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible; however, the Consultant can neither guarantee nor be responsible for the accuracy of information provided by others. 2. The Consultant will not be required to give testimony or to attend court by reason of this report unless subsequent contractual arrangements are made, including payment of an additional fee for such services as described in the fee schedule and contract of engagement. 3. Loss or alteration of any part of this report invalidates the entire report. 4. Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person to whom it is addressed, without the prior written consent of the Consultant. 5. This report and any values expressed herein represent the opinion of the Consultant, and the Consultant's fee is in no way contingent upon the reporting of a stipulated result, a specified value, the occurrence of a subsequent event, nor upon any finding to be reported. 6. Unless expressed otherwise: 1) information contained in this report covers only those items that were examined and reflects the condition of those items at the time of inspection; and 2) the inspection is limited to visual examination of accessible items without dissection, excavation, or coring. There is no warranty or guarantee, expressed or implied, that problems or deficiencies of the tree(s) or property in question may not arise in the future. 7. Arborists are tree specialists who use their education, knowledge, training, and experience to examine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce the risk of living near trees. It is highly recommended that you follow the arborist recommendations; however, you may choose to accept or disregard the recommendations and/or seek additional advice. 8. Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specific period of time. Likewise, remedial treatments performed cannot be guaranteed. 9. Any recommendations and/or performed treatments (including, but not limited to, pruning or removal) of trees may involve considerations beyond the scope of the arborist's services, such as property boundaries, property ownership, site lines, disputes between neighbors, and any other related issues. Arborists cannot take such considerations into account unless complete and accurate information is disclosed to the arborist. An arborist can then be expected to consider and reasonably rely on the completeness and accuracy of the information provided. 10. Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. Trees carry risk. The only way to eliminate all risks associated with trees is to eliminate all trees. AGENL'..ITEM NO.— _ 63, �.. PAG-2 l D OF 69 A MINUTE EXCERPT CITY COUNCIL MEETING CITY OF LAKE ELSINORE LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 27, 2007 CONSENT CALENDAR 9. Concur with Tree Removal – Ci Councilmember Kelley Sapp provide clarificati Community Services Directo request from the concessiona safety reasons. He stated that palms. sted that Community Services Director :he public regarding the tree removal. toted, that the City received a novohe eucalyptus trees due to s may be replaced with queen stated she would like staff to expedite the as soon as possible. amber Buckley inquired on the amount of trees that will be He inquired on the type of shade trees that would be used to removed trees. Community Services Director Sapp stated approximately 25 -30 trees would be removed. He noted the location of the trees. Mayor Pro Tem Hickman stated he would like staff to work with the Palm Tree committee in obtaining palms to replace removed trees. AUL'NaA ITEM No. . PAO _U _0i_ -91 Page 2 — City Council Meeting — March 27, 2007 MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE ITEM AND DIRECT STAFF TO COME BACK WITH A PLAN TO REPLACE THE TREES AS SOON AS POSSIBLE. AGI ND:, ITEM No. _13 PA02 r�- 0 TO: FROM: DATE: SUBJECT: BACKGROUND CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL MAYOR AND CITY COUNCIL ROBERT A. BRADY, CITY MANAGER MARCH 27, 2007 TREE REMOVAL — CITY PARK �f The City of Lake Elsinore entered into a lease agreement with Mr. Pedro Vasquez in 1978 for the purpose of a concession operation in City Park. During that period Mr. Vasquez maintained the park including the trimming of all trees. The City is currently remodeling the facility ($479,000) to bring it into Health Department compliance as well as construct new ADA compliant public restrooms. In conjunction with the building improvements, the City Attorney's office is also structuring a new lease agreement with the concessionaire. DISCUSSION The concessionaire is requesting that a number of the Eucalyptus trees be removed fronting the restaurant on Library Street and Main. Street. The trees in question (13) pose great safety concerns and have severe structural issues due to past maintenance practices over the past 25 years which have impacted the integrity and strength of the trees. Stress fractures are visible at the base, main trunk and branches of many trees. The structure of the trees has been compromised as a result of severe cutting back of the trees in the past. The growth of the trees has been through irregular composition which has caused stress and affected the overall integrity of the trees. In addition, the nesting practices of various birds have raised sanitary concerns as a result of the large deposits of droppings that cannot be kept up with around the restaurant. The concessionaire's efforts to maintain the amount of droppings has not been sufficient and affects the overall aesthetics of the operation. AGENDA ITEM In- PAOS L3 OF If1V ... REPORT TO CITY COUNCIL MARCH 27, 2007 PAGE 2 Should the trees be removed, staff would recommend that significant palms be relocated to that site or plant Queen Palms around the restaurant and shade area. The work being requested would be performed by the City's contract tree trimming company at a cost of $8,187. FISCAL IMPACT The cost to remove the trees is $8,187. The cost to repair the building or litigate a personal injury claim to a patron resulting from a fallen branch is unknown at this time. Tree removal costs include stump removal and funding is available through the City's Parks Maintenance budget. RECOMMENDATION It is staff's recommendation that the Mayor and City Council concur with the request of the concessionaire and direct staff to remove the trees at City Park. PREPARED BY: APPROVED FOR AGENDA BY: A D W. SAPP, DWrTOR OF COMMUNITY SERVICES GER'S OF*fCE �3-161 January 30, 2007 To the City of Lake Elsinore/Whom it may concern: My name is Gloria Jimenez; I am the daughter of Pedro "Pete" Vasquez, founder of La Unica and El Unico both located on Main St. It is very exciting to see the new construction taking place at the City Park as it is coming close to its completion. With it, we have plans to incorporate lots of great ideas to beautify this area; (new patio and seating, a deck area, landscaping, and hopefully a water fountain) our goal is to tie it in with the rest of Lake Elsinore's beautiful "down town" While putting our plans together we have concluded that we encounter problems with some of the Eucalyptus trees that surround the building. The heavy wind that we just had in the recent weeks remind me of the problems and dangers we have encountered m the past with branches landing and braking a customers wind shield and other damages such as scratching the paint from parked vehicles. We fear for the branches falling on customers them selves. We have had to replace many broken table umbrellas over the years due to large branches landing on them. Our most recent scare was right before shutting down for the remodel, a large branch created a whole in our ceiling. These trees are very old and they even look sick. Every year when the Santa Ana winds come thru, these trees create lots of debris, I'm sure many of us have seen this. Another problem that we encounter is the feces matter that the Turkey Vultures drop when they come around_ It looks as if someone dropped white paint from above, not very sanitary for a food establishment As nice as the new building will look once it is completed, it will only be temporary with these bird droppings. Therefore, I am writing to make a request for the removal of some of the trees from this new area, now would be the perfect tithe... if hopefully you agree. For any questions please call me at 951/259 -2443. Sincerely, Gloria Jimenez 10 Pfd_ FR�� }j El Utuco 243 S. Main St Lake Elsinore, California 92530 951/674 -8583 Slate Commotor:r License 03wm Wbfty "surd Wear Coat Arborlsts, Inc. N^C**2200 E. Nis Burton Str" Ar►andm. C.rfords 92806 (714) 991 -1900 FAX (714) 891-1027 PROPOSAL FOR TREE MAINTENANCE SERVICES a:usfof* R_ CIIY OF LAKE M NORB CONTACT: CHRLS IJORSON 10,ADRF ft 521 NORTH LANMA" 3Y: MOM -(951)674-51-70 3170 JAKE ELSINOR$ CA. 92530 FAX: (951) 674 -2392 Jul; LOCATION: On Main xod I.amW Sheet J13B DESC7t MOM: Ttae and scrimp iraalmh C019AU S: I ES9M"TZD BY MUNK Qt M AGXpTBD in*-. Dates 21/2007 e• a► !I pAc`_jj_0F oilb Page 1 of 2 �daG 0—;WA ! .i t i% �--- -� — :I -- I On Liberty Si& SO-00 30.00 26 Tma 01 tnclt $13.70 $35620 32 'tine P2 Bach 513.70 3438A0 33 Tree f'3 huh $13.70 5452.10 -43 Tice f4 I9eh $13.70 $50910 i2 Tree 1-5 Inch 513.70 5712.40 .17 Do t6 tach 513.70 5369,90 36 The 17 hwh $13.70 5356 W 16 TMC i8 hwh 513.70 $219.20 On Main Side 10.00 50.00 C019AU S: I ES9M"TZD BY MUNK Qt M AGXpTBD in*-. Dates 21/2007 e• a► !I pAc`_jj_0F oilb Page 1 of 2 �daG 0—;WA ! .i t i% �--- -� — :I -- I A a wrvvdaa 971tY Stets Conaadwi Lose #988764 y� West Coast Arborists. Mc =W E Via &xtow SOW AnWWm cue 92806 (714) 991 -1900 FAX (714) 991 -1027 PROPOSAL FOR TREE MAINTENANCE SERVICES (.'MOMZM.- aff OF LAKE ELSMRE CONTACT: CHR18 mtzsm A.DDRM.- 521 NORTH LANWTAFF ST. PRONE: (951) 674-5170 LAKE E[ SMR:E, CA 92530 FAX: (951) 674 -2392 dDB LOCA9[[ON: On Main and Lbt"Street 3,3B D&9CWMON4: Uw and stamp remorab GRAND TWAL: $8,18630 COlrllrtlCM: Zwo"Tw BY: FRANK QUM Date: 21712007 ACtTED $Y: Date: 1 i Page: 2 of 2 i i Em leg.-- �_..f. -�-- -- till JM lo k ILI It io 41 T It J �' Arill It 10 (41 '44' tq tit" 4A NA ION Fll� L-A F-i L-A vt - v i I% ! W-Ak 'ITT v Im 14 itl V4 PIN I S, i (" I t I. I e. 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I �I�q Ise ��4 k�i >��uA �\ 11V� 1.. � :rr J• 1.•�� rl �, 01" ? , ,, I' � �I� f� it � , �,�� �. �1 � ��,� 1' f iG 1� 11�. 11• Ir /,�r i,p � 'ti_1 /' �' .r �.; ; � }'IY i `' ����1 � � � ; r ;•�� � 4 ��9V3 , r� �)�, r � � i > 11 � d i. � <<1 1 �����IRRR Ili t }�•� .� • � f !'I� Y �. II ,, I. / I � YI E r i u r �`f /� 'j: tu �• e� fi9 4�A oAn I 7 f 1w <<! Y li , A " ! e Ti I or a } fit f i r wt 7T��• tp F 4i } � � r z t\ t; > `j {•j* ! 4rN std t P. PAM- v, NIV li i p . . . . . . . . . . . 4;X �'Y l tr' g 6� A • t •� `i j*�y A�iii. I tai ° 7 ' ju ' a i i. iy � �. \� � � \\ � � \� \� '� ! f %� y�y \�� .� � CITY OF LAKE ELSINORE JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY TO: MAYOR AND CITY COUNCIL CHAIRMAN AND REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY, CITY MANAGER DATE: MAY 229 2007 SUBJECT: COMMERCIAL DESIGN REVIEW NO. 2006-05 APPLICANT: LAING CP LAKE ELSINORE, LLC, 31881 CORYDON STREET, SUITE 130, LAKE ELSINORE, CALIFORNIA 92530 OWNER: SAME LOCATION The Maintenance and Golf Cart Storage Facility and associated improvements are located within the 707 acre Laing Homes project which is a portion of the 3,000 acre East Lake Specific Plan. The site is designated Open Space and is part of the Phase 1 portion of the East Lake Specific Plan- Amendment No. 6. The Maintenance and Golf Cart Storage Facility is located south of Malaga Road, east of Lucerne Street, north of Cereal Street and northwest of Village Parkway (APN 371 - 040 -019). Access to the Maintenance and Golf Cart Storage Facility will be taken from an access road at the northwest corner of the project site. PROJECT REQUEST The applicant is requesting approval for the design and construction of a Maintenance and Golf Cart Storage Facility and associated improvements located within the future Golf Course known as "The Links at Summerly." BACKGROUND The project was reviewed by the Planning Commission at their regularly scheduled meeting of May 15, 2007. The Planning Commission unanimously recommended City Council adoption of Findings of Consistency with the Multiple Species /'tiF.+�R�.$D REPORT TO CITY COUNCIL COMMERCIAL DESIGN REVIEW NO. 2006-05 MAY 229 2007 PAGE 2 OF 3 Habitat Conservation Plan and approval of Commercial Design Review No. 2006- 05. The Planning Commission Staff Report, Conditions of Approval, Resolutions and Exhibits are attached. DISCUSSION Staff presented the project to the Planning Commission. Chairman O'Neal requested that the applicant, Michael Filler, explain the details and status of the Laing Homes project. Mr. Filler stated that Laing Homes intends to complete construction of the Maintenance Facility in August of this year. The grand opening of the club house is slated for late July of 2007, with the Golf Course opening in October or November. The first of the "residential villages" are proposed to be brought before the Planning Commission in approximately two (2) to three (3) weeks. Commissioner Gonzales asked for verification of whether the fuel tanks would be removed in the event of a flood situation and mentioned how quickly the flood waters ascended during the 1980 flood. Mr. Filler affirmed that the fuel tanks and modular office unit would be removed prior to any flood condition. Commissioner Flores questioned what an existing reclamation water line will be used for. Mr. Filler stated that the reclamation line will be used to irrigate the Golf Course. After discussion, the Planning Commission voted unanimously to recommend approval of the Maintenance and Golf Cart Storage Facility to the City Council. FISCAL IMPACT The project will have a positive fiscal impact on the community and City by providing additional opportunities for employment. Further, the project is expected to attract both local and neighboring residences to use the recreation opportunities of a new Golf Course Facility and possibly other public amenities. Currently the closest public Golf Course is approximately ten (10) miles away in the neighboring City of Murrieta. RECOMMENDATION The Planning Commission recommends that the City Council adopt the following Resolutions: !./ pAGE_%� REPORT TO CITY COUNCIL COMMERCIAL DESIGN REVIEW NO. 2006-05 MAY 22, 2007 PAGE 3 OF 3 1. Resolution No. 2007- 7.) Adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan (MSHCP); and 1. Resolution No. 2007 - approving Commercial Design Review No. 2006 -05. Staff recommends that the Agency Board concur with the City Council and adopt the following Resolutions: 0. City Council Resolution No. 2007 -, recommending City Council adoption of Findings of Consistency with the Multiple Species Habitat Conservation Plan; and 1. City Council Resolution No. 2007 -T �), recommending to the City Council approval of Commercial Design Review No. 2006 -05. PREPARED BY: LINDA MILLER, PLANNING CONSULTANT APPROVED FOR AGENDA BY: //"-&Y PTY MANAGER'S OVFICE XECUTIVE DIREC OR'S OFFICE ATTACHMENTS: 0. Vicinity Map 0. City Council Resolution No. 2007 - Z adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan. 0. City Council Resolution No. 2007 - 9'3 approving Residential Design Review No. 2006 -05. 0. Final Conditions of Approval. 0. Planning Commission Staff Report, Resolutions and Conditions of Approval of May 15, 2007. 0. Full Size Exhibit AGENDA ITEM NO.-26 - - PAGE�_®F_.-.-- VICINITY MAP COMMERCIAL DESIGN REVIEW NO. 2006 -05 APN 371 - 040 -019 r. 13'E,a ,,,j) PAG- RESOLUTION NO. 2007- T � A RESOLUTION OF THE CITY COUNCIL ADOPTING FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Laing CP Lake Elsinore, LLC, has filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2006 -05 for a Maintenance and Golf Cart Storage Facility and associated improvements (the "Project ") (APN: 371 - 040 -019); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ( "LEAP ") and Joint Project Review ( "JPR ") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.82, requests for commercial design review are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by the Lake Elsinore City Council; and WHEREAS, the Project site is within two distinct MSHCP criteria cells: approximately three (3) acres of the total site are within cell 4846 and approximately three tenths (0.3) of an acre are within cell 4937; and WHEREAS, after considering the Project at its May 15, 2007 meeting, the Planning Commission recommended that the City Council find the Project consistent with MSHCP; and WHEREAS, the City Council has considered evidence presented by the Community Development Department and other interested parties at a pubic hearing held with respect to this items on May 22, 2007. PAGE € r- CITY COUNCIL RESOLUTION NO. 2007- PAGE 2 OF 5 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Project and its consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP, the City Council makes the following findings for MSHCP consistency: 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project must be reviewed for MSHCP consistency, which review shall include an analysis of the Project's consistency with other "Plan Wide Requirements. " The Project is located within the East Lake Specific Plan (ELSP) area, specifically within the ELSP Amendment No. 6 area. Prior to the City's adoption of the MSHCP, there were a series of meetings between the County of Riverside, U.S. Fish and Wildlife Service, and California Department of Fish and Game to discuss conservation measures within the ELSP and to decide how to ensure development within the ELSP could proceed consistently with the MSHCP and with the U.S. Army Corps of Engineers Section 404 permit. It was determined that a target acreage of 770 acres was warranted for MSHCP conservation in the back basin area of the City. The Project site is within the ELSP and is covered by that conservation agreement. Part of the conservation agreement also included a requirement that projects in the back basin area be consistent with the other "Plan Wide Requirements " set forth in the following sections of the MSHCP: Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (MSHCP, § 61.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, § 61.3), Additional Survey Needs and Procedures (MSHCP, § 63.2), Urban/Wildlands Interface Guidelines (MSHCP, § 61.4), Vegetation Mapping (MSHCP, § 63.1) requirements, Fuels Management Guidelines (MSHCP, § 64), and payment of the MSHCP Local PAGE 0 - CITY COUNCIL RESOLUTION NO. 2007- PAGE 3 OF 5 Development Mitigation Fee (MSHCP Ordinance, § 4). The Project has been reviewed in light of these sections and is consistent therewith. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. The ELSP MSCHP consistency determination was submitted to the County of Riverside in October 2003, prior to the initiation of the City's LEAP and County's Joint Project Review process. Nevertheless, both the City and Dudek (acting on behalf of the County) agreed that the Project was consistent with the MSHCP due to the extensive acreage set aside for conservation. The Project has not been modified and was part of the overall ELSP which has been determined to be consistent with the MSHCP. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The previously approved ELSP Amendment No. 6 was determined to be consistent with the Riparian /Riverine and Vernal Pool Guidelines as set forth in MSHCP § 61.2. The scope and nature of the Project have not been modified from that which was previously approved and is therefore consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The previously approved ELSP Amendment No. 6 was consistent with the Protection of Narrow Endemic Plant Species Guidelines as set forth in MSHCP § 61.3. The Project has not been modified from that which was previously approved under the ELSP Amendment No. 6 Additionally, based upon prior approvals, the entire Project site has been graded and any plant species which may have existed on the site have been removed and replaced with development. It is for these reasons that the Project is consistent with the aforementioned guidelines. 5. The Project is consistent with the Additional Survey Needs and Procedures. The previously approved ELSP Amendment No. 6 was consistent with the Additional Survey Needs and Procedures as set forth in MSHCP § 6 3.2. CITY COUNCIL RESOLUTION NO. 2007- PAGE 4 OF 5 The Project has not been modified from that which was previously approved under the ELSP Amendment No. 6, and the entire project site has been graded pursuant to previously issued permits. The Project is consistent with the Additional Survey Needs and Procedures of the MSHCP. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The previously approved ELSP Amendment No. 6 was consistent with the Urban/Wildlands Interface Guidelines as set forth in MSHCP § 61.4. Because the Project has not been modified from that which was previously approved under the ELSP Amendment No. 6, no further MSHCP review is necessary and the Project is consistent with the Urban /Wildlands Interface Guidelines. 7. The Project is consistent with the Vegetation Mapping requirements. The previously approved ELSP Amendment No. 6 was consistent with the Vegetation Mapping requirements as set forth in MSHCP § 6.3.1. Mapping was conducted as part of the biological surveys for the original project. The Project has not been modified from that which was previously approved and therefore is consistent with the Vegetation Mapping requirements. 8. The Project is consistent with the Fuels Management Guidelines. The previously approved ELSP Amendment No. 6 was consistent with the Fuels Management Guidelines as set forth in MSHCP, § 64. The Project site is not within or adjacent to conservation areas where the Fuels Management Guidelines would be required. The Project has not been modified from that which was previously approved and therefore is consistent with the Fuel Management Guidelines. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of project approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. PAGr- CITY COUNCIL RESOLUTION NO. 2007- PAGE 5 OF 5 10. The Project overall is consistent with the MSHCP. As stated in No. I above, the Project is within the ELSP area which has previously been determined to be consistent with the MSHCP. SECTION 3. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the City Council finds that the Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 22nd day of May, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Michelle Soto, Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore RESOLUTION NO. 2007- 9Z RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2006 -05 WHEREAS, Laing CP Lake Elsinore, LLC, has initiated proceedings for Commercial Design Review No. 2006 -05 for the design and construction of a maintenance and golf cart storage facility and associated improvements located south of Malaga Road, east of Lucerne Street, north of Cereal Street and northwest of Village Parkway (APN: 371 - 040 -019) (the "Entitlement "); and WHEREAS, the City Council of the City of Lake Elsinore is responsible for reviewing, considering and approving, conditionally approving or denying Design Review requests for residential projects; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, a Supplemental Environmental Impact Report was approved and adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SCH #2003071050) and evaluated environmental impacts that would result from maximum build -out of the specific plan, which contemplated development of a golf course, clubhouse, and maintenance facilities; and WHEREAS, the Entitlement does not present substantial changes or new information regarding the potential environmental impacts of development; and WHEREAS, the Entitlement came before the Planning Commission at a duly noticed public hearing on May 15, 2007, at which time the Planning AGENDA iMM gaG. 3t PAGE � _ _G CITY COUNCIL RESOLUTION NO. 2007- PAGE 2 OF 4 Commission considered and analyzed the proposed design and recommended that the City Council approve the Entitlement; and WHEREAS, public notice of the Entitlement has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on May 22, 2007. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Entitlement and has found it acceptable. The City Council finds and determines that the Project is consistent with the requirements of the Lake Elsinore Municipal Code (LEMC). SECTION 2. The City Council finds and determines that no new CEQA documentation is necessary. The Entitlement comprises the whole of the action which was analyzed in the previously approved and certified Supplemental Environmental Impact Report (SCH # 2003071050) for the East Lake Specific Plan Amendment No. 6. Approval of the Entitlement will not change density or intensity of use; it simply establishes standards for color palates, articulation, orientation, and design of the maintenance and golf cart storage facility. Therefore, no further environmental review is necessary. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the City Council makes the following findings regarding Commercial Design Review No. 2006 -05: 1. The maintenance and golf cart storage facility, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which it is located. The maintenance and golf cart storage facility complies with the goals and objectives of the General Plan and the East Lake Specific Plan Amendment No. 6 The facility will assist in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. AC 'ErJDA Ime, PACE C ti CITY COUNCIL RESOLUTION NO. 2007- PAGE 3 OF 4 2. The maintenance and golf cart storage facility complies with the design directives contained in the East Lake Specific Plan Amendment No. 6 and all applicable provisions of the Lake Elsinore Municipal Code. The maintenance and golf cart storage facility is appropriate to the site and surrounding developments. The Facility's architecture is designed in consideration of the size and shape of the property. Sufficient setbacks and onsite landscaping have been provided thereby creating interest and varying vistas. In addition, safe and efficient circulation has been achieved onsite. 3. Subject to the attached conditions of approval, the maintenance and golf cart storage facility is not anticipated to result in any significant adverse environmental impacts. The maintenance and golf cart storage facility, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. Approval of the design for the maintenance and golf cart storage facility will not result in a substantial change to the previously adopted Supplemental Environmental Impact Report. Therefore, no additional environmental review is necessary. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. The City Council has considered the Entitlement and finds that with the attached conditions of approval, the Entitlement complies with the purposes and objectives of the General Plan and Municipal Code. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Entitlement, the City Council approves Commercial Design Review No. 2006 -05. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITITA NO. PAGE__�__2 OF CITY COUNCIL RESOLUTION NO. 2007- PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 22nd day of May 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Michelle Soto, Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGEtjDA tie IVO. PAGE_ % �j FINAL CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY APN 371 - 040 -019 (Note.-Fees listed in the Conditions of Approval are the best estimates available at the time of approval. The exact fee amounts will be reviewed at the time of building permit issuance and may be raised.) GENERAL CONDITION 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Residential Design Review projects attached hereto. PLANNING DIVISION 2. Applicant shall comply with all mitigation measures associated with the Supplemental Environmental Impact Report for the East Lake Specific Plan Amendment No. 6 as applicable. 3. Approval for Commercial Design Review No. 2006 -05 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 4. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division for Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 5. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Director of Community Development. All plans submitted for Building Division Plan Page 1 of 10 RGEIYfnJi n�l�li. FiZ ies�.�._,. PAGE_ L_�t_ or FINAL CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY APN 371 - 040 -019 Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 6. Any revisions to the interior floor plans that could cause the requirement for additional parking shall be subject to the review and approval of the Director of Community Development or designee. 7. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 8. All loading zones shall be clearly marked with yellow striping and shall comply with the requirements of the LEMC. 9. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 10.Trash enclosures shall be constructed per City standards as approved by the Director of Community Development. 11.No exterior roof ladders shall be permitted. 12.Applicant shall use roofing materials with Class "A" fire rating. 13.All exterior downspouts shall be painted to match with building exterior color. 14.The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond, submit a site plan and processed through the Planning Division. 15.Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved by the Director of Community Development or designee. 16.0n -site surface drainage shall not cross sidewalks. Page 2 of 10 PACE FINAL CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY APN 371 - 040 -019 17.Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart. 18.All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Landscape Architectural Consultant and Planning Division. Prior To Building /Grading Permits 19.Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 20.All signs require review and approval by the Planning and Building and Safety Divisions prior to installation. All Sign Programs require review and approval by the Planning Commission prior to obtaining sign permits. 21.Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Director of Community Development or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. All planting areas shall be separated from paved areas with a six -inch (6 ") high and six -inch (6 ") wide concrete curb. c. Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). Page 3 of 10 NO pAGE� - ®� FINAL CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY APN 371 - 040 -019 d. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. e. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. f. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. The release of the landscape bond shall be requested by the applicant at the end of the required two years with approval /acceptance by the Landscape Consultant and Director of Community Development or Designee. g. All landscaping and irrigation shall be installed at the time of a Certificate of Occupancy. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. h. Final landscape plan must be consistent with approved site plan. i. Final landscape plans to include planting and irrigation details. 22.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 23.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 24.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. Page 4 of 10 AGENDA, k A �,_" 13 s e PACE __1 1_0F FINAL CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY APN 371 - 040 -019 25.Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. 26.The applicant shall pay the Multi Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee of $5,620.00 per acre prior to obtaining building permits. The fee shall be calculated on the Maintenance Facility parcel only (APN 371- 040 -019). 27.The Applicant shall place a weatherproof 3'x3' sign at the entrance to the project site identifying the approved days and hours of operation and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674 -3124. ENGINEERING DIVISION General Requirements: 28.A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 29.Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 30.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 31.An Encroachment Permit shall be obtained prior to any work on City right -of- way. Page 5 of 10 AGENDA IT0.' N "'I. PAGE_ OF __ __ FINAL CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY APN 371 - 040 -019 32.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. Overhead utilities shall be undergrounded. 33.Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 34.The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 35.Provide fire protection facilities as required in writing by Riverside County Fire. 36.Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP,TIF, and area drainage fees. 3 7. 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right -of -way. When either of these criteria are exceeded, drainage facilities shall be provided. 38.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 39.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 40. Slopes and landscaping within public right -of -way shall be maintained by property owner's association. 41.All open space and slopes except for public parks and schools and flood control district facilities, outside the public right -of -way shall be owned and maintained by property owner's association. Page 6 of 10 AGENDA t i LS 1,50). PAGE - OF FINAL CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY APN 371 - 040 -019 42.In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 43.0n -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 44.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 45.Development within the Floodplain shall meet City and FEMA floodplain requirements. 46.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 47.Applicant shall comply with all NPDES requirements in effect; including the submittal of an Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 48.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 49.Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) Page 7 of 10 PL FINAL CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY APN 371 - 040 -019 50.City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. Prior to Issuance of a Grading Permit 51. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and /or erosion downstream caused by development of the site and/or diversion of drainage. 52.The grading plan shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 53.Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 54.Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. Page 8 of 10 kr z PA►rE...� --1 ®� FINAL CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY APN 371- 040 -019 55.Applicant shall provide proof that the project meets FEMA floodplain requirements and balance of grading (fill /removal) in the floodplain per RCFC District requirements. 56.Applicant shall obtain City approval that the project will meet NPDES post - construction and WQMP requirements. Prior to Issuance of Building Permit 57.All Public Works requirements shall be complied with as a condition of development specific for this project and as required in the Specific Plan. 58.Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 59.The applicant shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 60.Submit proof that the project meets the minimum floodplain elevation (1267') requirements. 61.Pay all Capital Improvement TIF, Railroad Canyon Benefit District Fees, and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 62.Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. Page 9 of 10 AGENDA MOM NO. PAF�%''"�F FINAL CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY APN 371 - 040 -019 63.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off -site improvements will be scheduled and approved. 64.All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 65.NPDES post - construction and WQMP requirements are met. 66.All signing and striping and traffic control devices shall be installed. 67. Water and sewer improvements shall be completed in accordance with Water District requirements. 68.Proof of acceptance of maintenance responsibility of slopes, open spaces, and drainage facilities shall be provided. 69.Elevation Certificates shall be provided. 70. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. RIVERSIDE COUNTY FIRE DEPARTMENT 71.The applicant shall comply with all Riverside County Fire Department conditions and standards. End of Conditions PAALL FILES\2006 Projects\Laing Golf Course - Maintenance Facility\Maintenance Facility 2007\PC C of A 5-15 - 07.doc Page 10 of 10 lLq �s - CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MAY 159 2007 PREPARED BY: LINDA MILLER, PLANNING CONSULTANT PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY APPLICANT: OWNER: PROJECT REQUESTS LAING CP LAKE CORYDON, SUITE CALIFORNIA 92530 SAME ELSINORE, LLC. 31881 130, LAKE ELSINORE, The applicant is requesting approval for the design and construction of a Maintenance and Golf Cart Storage Facility and associated improvements located within the future Golf Course known as "The Links at Summerly." PROJECT LOCATION The Maintenance and Golf Cart Storage Facility and associated improvements are located within the 707 acre Laing Homes project which is a portion of the 3,000 acre East Lake Specific Plan. The site is designated Open Space and is part of the Phase 1 portion of the East Lake Specific Plan- Amendment No. 6. The Maintenance and Golf Cart Storage Facility is located south of Malaga Road, east of Lucerne Street, north of Cereal Street and northwest of Village Parkway (APN 371- 040 -019). Access to the Maintenance and Golf Cart Storage Facility will be taken from an access road at the northwest corner of the project site. AGENDA FACE �? REPORT TO PLANNING COMMISSION MAY 15, 2007 PAGE 2 OF 6 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY ENVIRONMENTAL SETTING �i Vii. ,. d i' it•,, . y,.� ,. IBM,, Project Site Vacant Open Space East Lake Specific Plan North Vacant Open Space -Multi -Use East Lake Specific Plan Park South Vacant Open Space -Golf East Lake Specific Plan Course East Vacant Open Space -Golf East Lake Specific Plan Course West Vacant Open Space -Golf East Lake Specific Plan Course BACKGROUND The East Lake Specific Plan (ELSP) was adopted by Ordinance No. 955 by the City Council in June 1993. The Plan consists of 3,000 acres and was originally divided into three (3) individual districts that included a Marina District, Lakeside Resort, and Recreation Village. Several Amendments have been made to the East Lake Specific Plan. Amendment No 1 and 2 changed the central area or "Phase One" of the Specific Plan by reducing the number of residential units and commercial uses and adding the Golf Course to the open space area of the plan. The current "Laing project" is located in the area known as "Phase One ". Amendment No 3 and 4 were related to the industrial development along Corydon Avenue, both outside of "Phase One ". Amendment No. 5 is for the proposed marina development known as "WatersEdge" located on Lakeshore Drive. East Lake Specific Plan Amendment No. 6 was processed by Laing Homes. This Amendment was adopted by the City Council on July 27, 2004. It replaced multi- family uses with single family uses, provided several parks and added an approximately 165 acre Golf Course, Club House, Maintenance and Golf Cart Storage Facility. The Club House was approved by the City Council on October 10, 2006 and AGENDA 11TE , NUJ. PoArE FJ7 REPORT TO PLANNING COMMISSION MAY 159 2007 PAGE 3 OF 6 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY is currently under construction as is the Golf Course. The project before the Planning Commission is the Maintenance and Golf Cart Storage Facility and associated improvements only. PROJECT DESCRIPTION The applicant is proposing to construct a 9,755 square foot "roofed" and partially enclosed structure and other associated improvements that will house maintenance equipment for the golf course and provide golf cart storage. The maintenance equipment area is approximately 4,315 square feet and the cart storage area is approximately 4,640 square feet. The applicant also intends to place a 500 square foot modular office building that will be divided into an office, conference room and open office area. Two modular toilets are also proposed. Since this entire area is located within a designated flood plane at an approximate elevation of 1236', all structures must be either moveable or constructed to allow for the free movement of any flood waters. Therefore, the walls of the maintenance /cart storage structure are required to have "weep holes" or openings to allow water movement or flow. The floor of the structure will consist of a concrete slab. The outdoor areas including the drive aisle area will be paved with asphalt. Other improvements include material storage bins, a prefab storage building, above ground fuel tank that will be moveable, a concrete slab fueling station, and concrete slab wash area. Staff questioned the twenty -four foot (24') width of the proposed access road that is also proposed to provide access to the neighboring regional park. Staff held a meeting on May 3, 2007 with the applicant and representatives from Riverside County Fire to discuss the access road. Riverside County Fire representatives stated that they consider the road to be an access "aisle" of the parking lot for the regional park and they are satisfied with the proposed twenty -four foot (24') width. ML�� REPORT TO PLANNING COMMISSION MAY 15, 2007 PAGE 4 OF 6 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY Architecture The walls of the Maintenance /Cart structure will be constructed with a colored precision block. Slump block pilasters will be placed at the location of each support beam, approximately fifteen feet (15') apart. The roof is constructed of ribbed metal panels over metal trusses. Color and Materials The following lists the colors and materials proposed for the Maintenance and Golf Cart Storage Facility: Architectural Feature Roof Roof Trusses Walls Trailer Trailer Trim Parking Material Metal ribbed panels Metal Concrete Precision Block Siding Wood Color Grey/Brown (ICI 5 81) Sage Green (ICI 742) Tan (ICI 54 1) Tan (ICI 541) Sage Green (ICI 742) The parking requirements for the Maintenance and Cart Storage Facility were divided into three (3) categories: Maintenance, Storage and Office. The following matrix details the parking requirements. Maintenance Building 1:500 sq. ft. Storage Building 1:1,000 sq. ft. Office 1:250 Total Spaces Required Total Spaces Provided 9 5 2 16 16 (one (1) handicap) PAGE �E REPORT TO PLANNING COMMISSION MAY 15, 2007 PAGE 5 OF 6 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY Landscaping The applicant is proposing to landscape 18,710 square feet of the total project area which is approximately fifty -three percent (53 %) of the project site. Forty -five (45), thirty-six inch (36 "0) box trees will be used to screen the walls of the Maintenance Facility. In addition to the many trees proposed, fifteen gallon vines will be planted along the wall every ten feet (10') on center to provide further "softening" the building material. ANALYSIS The Maintenance and Golf Cart Storage Facility will complete the buildings required to operate the proposed Golf Course Facility known as "The Links at Summerly." Staff found that the project meets the requirements of the East Lake Specific Plan, Amendment No. 6 and the City of Lake Elsinore's Municipal Code. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code § § 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006). CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary. Section 15162 states that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project. A Supplemental Environmental Impact Report (SEIR) was approved and adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SCH #2003071050) and TE pp", _-- $- 'K - -� REPORT TO PLANNING COMMISSION MAY 159 2007 PAGE 6 OF 6 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY evaluated environmental impacts that would result from maximum build -out of the specific plan, which contemplated development of a golf course facility. The request for design review of the Maintenance and Golf Cart Storage Facility is consistent with the scope of the project as analyzed under the SEIR. The Project does not present substantial changes or new information regarding the potential environmental impacts of development. Therefore, no additional CEQA documentation is necessary. RECOMMENDATION It is recommended that the Planning Commission adopt the following Resolutions: Resolution No. 2007- , recommending to the City Council adoption of the Findings of Consistency with the Multiple Species Habitat Conservation Plan; and Resolution No. 2007- recommending to the City Council approval of Commercial Design Review No. 2006 -05 for a Maintenance and Golf Cart Storage Facility and associated improvements. Approval is based on the attached Exhibits, and Conditions of Approval. PREPARED BY: LINDA M. MILLER, AICP, PROJECT PLANNER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: 1. Vicinity Map 2. Resolution No. 2007- recommending City Council adoption of Findings of Consistency with the Multiple Species Habitat Conservation Plan (MSHCP). 3. Resolution No. 2007- recommending City Council approval of Commercial Design Review No. 2006 -05 for a Maintenance and Golf Cart Storage Facility. 4. Conditions of Approval 5. Reduced Exhibits. 6. Full Sized Exhibits. 7. Color Exhibits (Presented at the Hearing). AGENDA ITEM NO. _biA FAGE�_._G*- VICINITY MAP COMMERCIAL DESIGN REVIEW NO. 2006-05 APN 371-040-019 PLANNING COMMISSION Ar. px, RESOLUTION NO. 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Laing CP Lake Elsinore, LLC, has filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2006 -05 for a Maintenance and Golf Cart Storage Facility and associated improvements (the "Project ") (APN: 371 - 040 -019); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ( "LEAP ") and Joint Project Review ( "JPR ") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.82, requests for commercial design review are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by the Lake Elsinore City Council; and WHEREAS, the Project site is within two distinct MSHCP criteria cells: approximately three (3) acres of the total site are within cell 4846 and approximately three tenths (0.3) of an acre are within cell 4937; and WHEREAS, the Project came before the Planning Commission at a duly noticed public hearing on May 1, 2007, at which time consideration of the Project was continued to May 15, 2007; and WHEREAS, the Planning Commission considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to the Project on May 15, 2007. AGENDA ! s UN71 NO. PAGE _ F-. PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 2 OF 5 NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Project and its consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP, the Planning Commission makes the following findings for MSHCP consistency: 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project must be reviewed for MSHCP consistency, which review shall include an analysis of the Project's consistency with other "Plan Wide Requirements. " The Project is located within the East Lake Specific Plan (ELSP) area, specifically within the ELSP Amendment No. 6 area. Prior to the City's adoption of the MSHCP, there were a series of meetings between the County of Riverside, U.S. Fish and Wildlife Service, and California Department of Fish and Game to discuss conservation measures within the ELSP and to decide how to ensure development within the ELSP could proceed consistently with the MSHCP and with the U.S. Army Corps of Engineers Section 404 permit. It was determined that a target acreage of 770 acres was warranted for MSHCP conservation in the back basin area of the City. The Project site is within the ELSP and is covered by that conservation agreement. Part of the conservation agreement also included a requirement that projects in the back basin area be consistent with the other "Plan Wide Requirements " set forth in the following sections of the MSHCP: Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (MSHCP, § 61.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, § 61.3), Additional Survey Needs and Procedures (MSHCP, § 63.2), Urban /Wildlands Interface Guidelines (MSHCP, § 61.4), Vegetation Mapping (MSHCP, § 63.1) requirements, Fuels Management Guidelines (MSHCP, § 6 4), and payment of the MSHCP Local AGENDA ! i E -41 NO. 13� PACE 3 c� PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 3 OF 5 Development Mitigation Fee (MSHCP Ordinance, § 4). The Project has been reviewed in light of these sections and is consistent therewith. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. The ELSP MSCHP consistency determination was submitted to the County of Riverside in October 2003, prior to the initiation of the City's LEAP and County's Joint Project Review process. Nevertheless, both the City and Dudek (acting on behalf of the County) agreed that the Project was consistent with the MSHCP due to the extensive acreage set aside for conservation. The Project has not been modified and was part of the overall ELSP which has been determined to be consistent with the MSHCP. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The previously approved ELSP Amendment No. 6 was determined to be consistent with the Riparian /Riverine and Vernal Pool Guidelines as set forth in MSHCP § 61.2. The scope and nature of the Project have not been modified from that which was previously approved and is therefore consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The previously approved ELSP Amendment No. 6 was consistent with the Protection of Narrow Endemic Plant Species Guidelines as set forth in MSHCP § 61.3. The Project has not been modified from that which was previously approved under the ELSP Amendment No. 6. Additionally, based upon prior approvals, the entire Project site has been graded and any plant species which may have existed on the site have been removed and replaced with development. It is for these reasons that the Project is consistent with the aforementioned guidelines. 5. The Project is consistent with the Additional Survey Needs and Procedures. The previously approved ELSP Amendment No. 6 was consistent with the Additional Survey Needs and Procedures as set forth in MSHCP § 6.3.2. AGENDA ITEM N0. _ pAGE_3O? PLANNING COMMISSION RESOLUTION NO. 2007-. PAGE 4 OF 5 The Project has not been modified from that which was previously approved under the ELSP Amendment No. 6, and the entire project site has been graded pursuant to previously issued permits. The Project is consistent with the Additional Survey Needs and Procedures of the MSHCP. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The previously approved ELSP Amendment No. 6 was consistent with the Urban/Wildlands Interface Guidelines as set forth in MSHCP § 61.4. Because the Project has not been modified from that which was previously approved under the ELSP Amendment No. 6, no further MSHCP review is necessary and the Project is consistent with the Urban /Wildlands Interface Guidelines. 7. The Project is consistent with the Vegetation Mapping requirements. The previously approved ELSP Amendment No. 6 was consistent with the Vegetation Mapping requirements as set forth in MSHCP § 6.3.1. Mapping was conducted as part of the biological surveys for the original project. The Project has not been modified from that which was previously approved and therefore is consistent with the Vegetation Mapping requirements. 8. The Project is consistent with the Fuels Management Guidelines. The previously approved ELSP Amendment No. 6 was consistent with the Fuels Management Guidelines as set forth in MSHCP, § 64. The Project site is not within or adjacent to conservation areas where the Fuels Management Guidelines would be required. The Project has not been modified from that which was previously approved and therefore is consistent with the Fuel Management Guidelines. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of project approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 5 OF 5 10. The Project overall is consistent with the MSHCP. As stated in No. I above, the Project is within the ELSP area which has previously been determined to be consistent with the MSHCP. SECTION 3. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby recommends that the City Council find that the Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 15th day of May, 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development Ar,E1,XA META PACE 9 RESOLUTION NO. 2007- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2006-05 WHEREAS, Laing CP Lake Elsinore, LLC, has initiated proceedings for Commercial Design Review No. 2006 -05 for the design and construction of a maintenance and golf cart storage facility and associated improvements located south of Malaga Road, east of Lucerne Street, north of Cereal Street and northwest of Village Parkway (APN: 371- 040 -019) (the "Entitlement "); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for commercial design review applications; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, a Supplemental Environmental Impact Report was approved and adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SCH #2003071050) and evaluated environmental impacts that would result from maximum build -out of the specific plan, which contemplated development of a golf course, clubhouse, and maintenance facilities; and WHEREAS, the Entitlement does not present substantial changes or new information regarding the potential environmental impacts of development; and AGENDA ITElill NO. N PACE ;�?6 OF. PLANNING COMMISSION RESOLUTION NO. 2007-. PAGE 2 OF 4 WHEREAS, the Entitlement came before the Planning Commission at a duly noticed public hearing on May 1, 2007, at which time consideration of the Entitlement was continued to May 15, 2007; and WHEREAS, the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to the Entitlement on May 15, 2007. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Entitlement prior to making a decision to recommend that the City Council approve Commercial Design Review No. 2006 -05 for a maintenance and golf cart storage facility. SECTION 2. The Planning Commission finds and determines that no new CEQA documentation is necessary. The Entitlement comprises the whole of the action which was analyzed in the previously approved and certified Supplemental Environmental Impact Report (SCH # 2003071050) for the East Lake Specific Plan Amendment No. 6. Approval of the Entitlement will not change density or intensity of use; it simply establishes standards for color palates, articulation, orientation, and design of the maintenance and golf cart storage facility. Therefore, no further environmental review is necessary. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings regarding Commercial Design Review No. 2006 -05: 1. The maintenance and golf cart storage facility, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which it is located. The maintenance and golf cart storage facility complies with the goals and objectives of the General Plan and the East Lake Specific Plan Amendment No. 6. The facility will assist in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. AGENDA ITEM NO. PAGEL2.1_®�� "1_ _ PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 3 OF 4 2. The maintenance and golf cart storage facility complies with the design directives contained in the East Lake Specific Plan Amendment No. 6 and all applicable provisions of the Lake Elsinore Municipal Code. The maintenance and golf cart storage facility is appropriate to the site and surrounding developments. The Facility's architecture is designed in consideration of the size and shape of the property. Sufficient setbacks and onsite landscaping have been provided thereby creating interest and varying vistas. In addition, safe and efficient circulation has been achieved onsite. 3. Subject to the attached conditions of approval, the maintenance and golf cart storage facility is not anticipated to result in any significant adverse environmental impacts. The maintenance and golf cart storage facility, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. Approval of the design for the maintenance and golf cart storage facility will not result in a substantial change to the previously adopted Supplemental Environmental Impact Report. Therefore, no additional environmental review is necessary. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the Entitlement been scheduled for consideration by the Planning Commission on May 15, 2007. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Entitlment, the Planning Commission hereby recommends that the City Council approve Commercial Design Review 2006 -05. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. AGO�L`i�g�^� PLANNING COMMISSION RESOLUTION NO. 2007-. PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 15th day of May 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe M. Preisendanz Director of Community Development �F CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY APN 371 - 040 -019 (Note: Fees listed in the Conditions of Approval are the best estimates available at the time of approval. The exact fee amounts will be reviewed at the time of building permit issuance and may be raised.) GENERAL CONDITION 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Residential Design Review projects attached hereto. PLANNING DIVISION 2. Applicant shall comply with all mitigation measures associated with the Supplemental Environmental Impact Report for the East Lake Specific Plan Amendment No. 6 as applicable. 3. Approval for Commercial Design Review No. 2006 -05 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 4. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division for Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 5. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Director of Community Development. All plans submitted for Building Division Plan Page 1 of 10 P+ 4 { CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY APN 371- 040 -019 Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 6. Any revisions to the interior floor plans that could cause the requirement for additional parking shall be subject to the review and approval of the Director of Community Development or designee. 7. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 8. All loading zones shall be clearly marked with yellow striping and shall comply with the requirements of the LEMC. 9. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 10.Trash enclosures shall be constructed per City standards as approved by the Director of Community Development. 11.No exterior roof ladders shall be permitted. 12.Applicant shall use roofing materials with Class "A" fire rating. 13.All exterior downspouts shall be painted to match with building exterior color. 14.The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond, submit a site plan and processed through the Planning Division. 15.Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved by the Director of Community Development or designee. 16.0n -site surface drainage shall not cross sidewalks. Page 2 of 10 AGENDA i i FU" i ** 26 PAGE___ -_�1 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY APN 371 - 040 -019 17.Parking stalls shall be double - striped with four -inch (4 ") lines two feet (2') apart. 18.All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Landscape Architectural Consultant and Planning Division. Prior To Building /Grading Permits 19.Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 20.All signs require review and approval by the Planning and Building and Safety Divisions prior to installation. All Sign Programs require review and approval by the Planning Commission prior to obtaining sign permits. 21.Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Director of Community Development or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. All planting areas shall be separated from paved areas with a six -inch (6 ") high and six -inch (6 ") wide concrete curb. c. Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). Page 3 of 10 AGENDA IT& INfl. D— PAGE OF 4 — CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY APN 371 - 040 -019 d. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. e. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. f. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. The release of the landscape bond shall be requested by the applicant at the end of the required two years with approval /acceptance by the Landscape Consultant and Director of Community Development or Designee. g. All landscaping and irrigation shall be installed at the time of a Certificate of Occupancy. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. h. Final landscape plan must be consistent with approved site plan. i. Final landscape plans to include planting and irrigation details. 22.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 23.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 24.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. Page 4 of 10 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY APN 371- 040 -019 25.Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. 26.The applicant shall pay the Multi Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee of $5,620.00 per acre prior to obtaining building permits. The fee shall be calculated on the Maintenance Facility parcel only (APN 371 - 040 -019). 27.The Applicant shall place a weatherproof 3'x3' sign at the entrance to the project site identifying the approved days and hours of operation and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674 -3124. ENGINEERING DIVISION General Requirements: 28.A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 29.Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 30.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 31.An Encroachment Permit shall be obtained prior to any work on City right -of- way. Page 5 of 10 AGENDA MOO NO J� CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY APN 371- 040 -019 32.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. Overhead utilities shall be undergrounded. 33.Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 34.The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 35.Provide fire protection facilities as required in writing by Riverside County Fire. 36.Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP,TIF, and area drainage fees. 3 7. 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right -of -way. When either of these criteria are exceeded, drainage facilities shall be provided. 38.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 39.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1 /z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 40.Slopes and landscaping within public right -of -way shall be maintained by property owner's association. 41.All open space and slopes except for public parks and schools and flood control district facilities, outside the public right -of -way shall be owned and maintained by property owner's association. Page 6 of 10 M1 .m p ry FAGS CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY APN 371 - 040 -019 42.In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 43.0n -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 44.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 45.Development within the Floodplain shall meet City and FEMA floodplain requirements. 46.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 47.Applicant shall comply with all NPDES requirements in effect; including the submittal of an Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 48.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 49.Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) Page 7 of 10 AGENDA iTE "y PAGE�D�' CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY APN 371- 040 -019 50.City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. Prior to Issuance of a Grading Permit 51. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and /or erosion downstream caused by development of the site and/or diversion of drainage. 52.The grading plan shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 53.Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 54.Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. Page 8 of 10 AGE §`IDA } o _, i i — pAGE 42—oF CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY APN 371 - 040 -019 55.Applicant shall provide proof that the project meets FEMA floodplain requirements and balance of grading (fill /removal) in the floodplain per RCFC District requirements. 56.Applicant shall obtain City approval that the project will meet NPDES post - construction and WQMP requirements. Prior to Issuance of Building Permit 57.All Public Works requirements shall be complied with as a condition of development specific for this project and as required in the Specific Plan. 58.Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 59.The applicant shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 60.Submit proof that the project meets the minimum floodplain elevation (1267') requirements. 61.Pay all Capital Improvement TIF, Railroad Canyon Benefit District Fees, and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 62.Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. Page 9 of 10 AGENDA iT ,4 Noo. PACE` c-I --®E = l-- CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A MAINTENANCE AND GOLF CART STORAGE FACILITY APN 371 - 040 -019 63.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off -site improvements will be scheduled and approved. 64.All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 65.NPDES post- construction and WQMP requirements are met. 66.All signing and striping and traffic control devices shall be installed. 67. Water and sewer improvements shall be completed in accordance with Water District requirements. 68.Proof of acceptance of maintenance responsibility of slopes, open spaces, and drainage facilities shall be provided. 69.Elevation Certificates shall be provided. 70. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. RIVERSIDE COUNTY FIRE DEPARTMENT 71.The applicant shall comply with all Riverside County Fire Department conditions and standards. End of Conditions PAALL FILES\2006 Projects \Laing Golf Course - Maintenance Facility \Maintenance Facility 2007\PC C of A 5-15 - 07.doc Page 10 of 10 AGENDA ITE41 tiQ. PA'CE�wt�F �-