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HomeMy WebLinkAbout04/10/07 CC ReportsCITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF FEBRUARY 28, 2007 Bank of America -General Reconciling Items Bank of America -Payroll Total Active Accounts BANK DEPOSITS BALANCE IN TRANSIT OUTSTANG. BOOK CHECKS BALANCE $1,864,683.09 589,186.30 (1,435,875.97) 1,017,993.42 604.48 - - 604.48 10,494.76 - (1,718.36) 8,776.40 1,875,782.33 589,186.30 (1,437,594.33) 1,027,374.30 Local Agency Investment Fund 28,382,703.76 - - 28,382,703.76 Bank of New York-Trust Sweep Account 3,692,103.61 - - 3,692,103.61 Federal Home Loan Mortgage Corp. 1,000,000,00 - - 1,000,000.00 Federal Home Loan Bank 12,000,000.00 - - 12,000,000,00 Federal National Mortgage Association - - _ _ Sub-total Investments 45,074,807.37 - - 45,074,807.37 Unrealized Gain/ (Loss) at 6-30-06 per GASB 31 (111,900.00) (111,900.00) Total Investments 44,962,907.37 - - 44,962,907.37 46,838,689.70 589,186.30 (1,437,594.33) 45,990,281.67 Cashier Drawers #1 & #2 300,00 City of Lake Elsinore Petty Cash Fund 1,000.00 TOTAL POOLED CASH AND INVESTMENTS $45,991,581.67 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. ~g Matt N. Pressey Date Director of Administrative Servc Prepared by: 1. Riley, Finance Manager AGENDA ITEM N0. ~ PA~GE__!___OF__[_~ CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF FEBRUARY 28, 2007 FUND N O FUND NAME AMOUNT 100 General Fund $15,431,268.15 101 Supplemental Law Enforcement Fund 189,546.34 102 Local Law Enforcement Block Grant Fund 5,568.23 103 Office of Traffic Safety Fund 70,238.49 104 Traffic Offender Fund 93,685.98 105 Misc. General Project Fund (1,919,608.41) 106 Affordable Housing In Lieu Fund 791,943.77 107 Developer Agreement Revenue 996,411.20 110 State Gas Tax Fund 1,136,934.62 112 Transportation Fund 1,124,305.18 11S Traffic Safety Fund 281,115.62 116 City Hall-Public Works DIF Fund 740,205.99 117 Community Center DIF Fund 476,573.51 118 Lake Side Facility DIF Fund 681,208.11 119 Animal Shelter DIF Fund 304,347.15 120 Camino Del Norte DIF 30,218.27 130 Lighting & Landscape Maintenance Fund (419,150.72) 135 /tl Lighting & Landscape Maintenance Fund 50,566.05 140 Geothermal Fund 16,405.31 150 C.D.B.G. Fund (81,162.08) 201 Street C.I.P. Fund 51,319.85 204 Signal C.I.P. Fund 108,814.39 205 Traffic Impact Fee Fund 2,554,987.27 211 Storm Drain C.I.P. Fund 6,240,244.10 221 ParkC.LP.Fund 2,179,044.83 231 Library C.I.P. Fund 1,102,323.24 232 City Fire Protection Fund 364,423.27 254 AD 89-1 Railroad Canyon Rd. Improvement Fund 2,486,503.02 257 CFD 90-2 Tuscany Hills (94,047.50) 259 CFD 90-3 Construction Fund 95,997.88 266 CFD 2004-1 Marintiqu 77,468.05 351 AD 87-2 Debt Service Fund 48,554.32 352 AD 86-1 Debt Service Fund 181,933.71 353 AD 89-1 Debt Service Fund 318,960.96 356 AD 90-I Debt Service Fund 276,721.81 357 CFD 2003-2 Canyon Hills 661,077.21 358 CFD 91-2 Debt Service Fund 1,608,322.37 359 CFD 90-3 Debt Service Fund (312,803.83) 360 AD 93-1 Debt Service Fund 1,216,581.54 362 CFD 95-1(96 Srs.E) Debt Service Fund 274,020.68 363 CFD 88-3 / 1997 Series F Debt Service Fund 1,344,018.36 364 CFD 88-3 III B / 1997 Series B Debt Service Fund (524,334.11) 365 CFD 98-1 Summerhill Improvement fund (651,SS9.49) 366 CFD 2004-1 Debt Service Fund (47,982.69) 367 CFD 2005-3 Summerly / Laing 41,524.11 368 CFD 2004-2 Vista Lago 177,689.51 369 CFD 2004-3 Rosetta Canyon 110,465.62 370 CFD 2005-x Camino Del Norte 26,929.51 371 CFD 2005-1 Serenity 25,351.20 372 CFD 2005-3 Alberhill Ranch (404,837.56) 373 CFD 2005-5 Wasson Canyon 34,646.31 374 CFD 2005-4 Lakeview Villas 43,582.46 375 CFD 2005-1 D. Clurman 31,133.36 376 CFD 2005-7 La Strada (6,SS7.11) 377 CFD 2006-X Tessara 47,675.07 378 CFD 2007-X TR{131957 S 1,169.60 379 CFD 2007-X Marina Village 67,093.08 380 CFD 2006-9 Tuscany W 443.77 381 CFD 2006-10 River LK 47,525.94 382 CFD 2006-9 Trieste 55,316.51 383 CFD 2007-X Canyon Hills 65,000.00 604 Endowment Trust Fund 19,120.20 605 Public Improvement Trust Fund 536,397.06 606 Mobile Source Air Polution Fund 173,204.86 608 Trust Deposit & Pre Paid Expense 1,942,749.35 610 Kangaroo Rat Trust Fund 7,435.50 611 Developer Agreement Trust Fund 1,254,460.00 616 Fire Station Trust Fund 1,789.19 620 Cost Recovery System Fund 1,882,062.89 650 CFD 2003-1 Law & Fire Service Fund 194,501.24 651 CFD 2006-5 Park, OpnSpc 4,500.00 Total Pooled Cash & Investments $4s,991s81.67 AGENDA ITEM N0. PIaGE ~- oF~ CITY OF LAKE ELSINORE ANNUAL YEAR-TO-DATE INVESTMENT ACTIVITY SUMMARY FOR THE MONTH ENDING FEBRUARY 28, 2007 Total outstanding investments as of January 31, 2007 Investment Purchases: Total Purchases Investment Maturities: FHLB 3133XFT55 Total Maturities Investments Called: PURCHASE MATURITY/ COUPON YIELD TO RATE CALL. DATE $®~ MATURITY 06/28/06 02/28/07 5.350 % 5.350 $ 47,001,885.05 (1,000,000.00) (1,000,000.00) Total Calls Net increase (decrease) in LAIF Net increase (decrease) in Sweep Account Total outstanding investments as of February 28 2007 (2,000,000.00) 1,072,922.32 $ 45,074,807.37 AGENDA ITEM N0. _) SAGE= ~F~~_ CITY OF LAKE ELSINORE INVESTMENTS AND INVESTMEN T EARNINGS AS OF FEBRUARY 28, 2007 INTEREST CUSIP INTEREST YIELD TO EARNED AT PURCHASE CALL MATURITY INVESTMENT NUMBER RATE MATURITY COST 02/28/2007 DATE DATE DATE Local Agency Investment Fund LAIF 5.181 % 5.181 % 28,382,703.76 714,996.44 NA NA NA Federated Treasury Money Market 599995250 4.870% 4.870% 3,692,103.61 35,177.34 NA NA NA Federal Home Loan Mortgage Corp. 3128X4HM6 4.500% 4.500% 1,000,000.00 30,000.00 08/22/2005 NA 08/22/2007 Federal Home Loan Bank 3133XCYK3 4.689% 4.689% 1,000,000.00 31,260.00 09/22/2005 anytime 09/09/2008 Federal Home Loan Bank 3133XDC58 4.560% 4.560% 1,000,000.00 30,400.00 10/11/2005 4/11/2007 04/11/2008 Federal Home Loan Bank 3133XDHQ7 4.835% 4.835% 1,000,000.00 32,233.36 10/25/2005 4/25/2007 04/25/2008 Federal Home Loan Bank 3133XDHS3 5.000% 5.000% 1,000,000.00 33,333.36 10/27/2005 4/27/2007 10/27/2008 Federal Home Loan Bank 3133XDKV2 5.000% 5.000% 1,000,000.00 33,333.36 11/09/2005 3/09/2007 05/09/2008 Federal Home Loan Bank 3133XDT35 5.250% 5.250% 1,000,000.00 35,000.00 11/28/2005 3/28/2007 11/28/2008 Federal Home Loan Bank 3133XEAA7 5.000% 5.000% 1,000,000.00 33,333.36 12/29/2005 NA 09/29/2008 Federal Home Loan Bank 3133XJAS7 5.500% 5.500% 1,000,000.00 10,522.78 12/22/2006 NA 12/22/2009 Federal Home Loan Bank 3133XJFY9 5.250% 5.250% 1,000,000.00 9,325.36 12/27/2006 6/27/2007 06/27/2008 Federal Home Loan Bank 3133XJNJ3 5.500% 5.500% 2,000,000.00 11,611.10 01/23/2007 4/23/2007 01/23/2009 Federal Home Loan Bank 3133XJHL5 5.500% 5.500% 1,000,000.00 5,347.22 01/26/2007 4/26/2007 01/25/2010 TOTAL $45,074,807.37 $1,045,873.68 Interest Earned is for the Fiscal Year July 1, 2006 to June 30, 2007. Interest for the Local Agency Investment Fund (LAIF) is noted as earned on a quarterly basis. The quarters are September, December, March and June. Dividends earned, net of fees, is noted for the Federated Treasury Money Market Fund, (SWEEP). n m Z >° a 0 0 INSTITUTION Local Agency Investment Fund Local Agency Investment Fund Federated Treasury Monev Market Bank of New York-Trust Sweep Account Federal Home Loan MortQa~e Corp. Union Banc Investment Services, LLC Federal Home Loan Bank Union Banc Investment Services, LLC Citigroup Global Markets Inc. Union Banc Investment Services, LLC Citigroup Global Markets Inc. Morgan Stanley DW, Inc. Union Banc Investment Services, LLC Citigroup Global Markets Inc. Union Banc Investment Services, LLC Morgan Stanley DW, Inc. Union Banc Investment Services, LLC Citigroup Global Markets Inc. Total outstanding investments a ~ v a ~o 0 TYPE OF INVESTMENT POOL SWEEP FHLMC FHLB FHLB FHLB FHLB FHLB FHLB FHLB FHLB FHLB FHLB FHLB CITY OF LAKE ELSINORE OUTSTANDING INVESTMENTS BY INSTRUMENT TYPE AS OF FEBRUARY 28, 2007 MARKET VALUE CUSIP PURCHASE MATURITY INTEREST AS OF % OF NUMBER DATE DATE RATE COST MONTH END PORTFOLIO LAIF NA NA 5.181 Total Local Agency Investment Fund 599995250 NA NA 4.870% Total Federated Treasury Money Market 3128X4HM6 08/22/2005 08/22/2007 4.500% Total Federal Home Loan Mortgage Corp. 3133XCYK3 09/22/2005 09/09/2008 4.689% 3133XDC58 10/11/2005 04/11/2008 4.560% 3133XDHQ7 10/25/2005 04/25/2008 4.835% 3133XDHS3 10/27/2005 10/27/2008 5.000% 3133XDKV2 11/09/2005 05/09/2008 5.000% 3133XDT35 11/28/2005 11/28/2008 5.250% 3133XEAA7 12/29/2005 09/29/2008 5.000% 3133XJAS7 12/22/2006 12/22/2009 5.500 3133XJFY9 12/27/2006 06/27/2008 5.250 3133XJNJ3 01/23/2007 01/23/2009 5.500 3133XJHL5 01/26/2007 01!25/2010 5.500% 28,382,703.76 28,382,703.76 28,382,703.76 28,382,703.76 3,692,103.61 3,692,103.61 3,692,103.61 3,692,103.61 1,000,000.00 995,920.00 1,000,000.00 995,920.00 1,000,000.00 995,312.50 1,000,000.00 995,312.50 1,000,000.00 997,187.50 1,000,000.00 997,500.00 1,000,000.00 998,437.50 1,000,000.00 998,750.00 1,000,000.00 1,002,812.50 1,000,000.00 999,062.50 1,000,000.00 1,000,312.50 2,000,000.00 2,000,000.00 1,000,000.00 999,375.00 63.00 8.19 2.21 Total Federal Home Loan Bank 12,000,000.00 11,984,062.50 26.60 % 45,074,807.37 45,054,789.87 CITY OF LAKE ELSINORE SPECIAL CHARACTERISTICS OF INVESTMENTS BY INSTRUMENT TYPE AS OF FEBRUARY 28, 2007 CUSIP TYPE OF RATE CALLABLE DAYS ONLY- CALL INSTITUTION NUMBER INVESTMENT TYPE STATUS NOTICE ON/AFTER DATE Local Agency Investment Fund Local Agency Investment Fund LAIF POOL Adjustable NA NA NA NA Federated Treasury Money Market Bank of New York-Trust Sweep Account 599995250 SWEEP Adjustable NA NA NA NA Federal Home Loan MortQaQe Corp. Union Banc Investment Services, LLC 3128X4HM6 FHLMC Fixed non NA NA NA Federal Home Loan Bank Union Banc Investment Services, LLC 3133XCYK3 FHLB Fixed anytime 5 NA anytime Citigroup Global Markets Inc. 3133XDC58 FHLB Fixed quarterly 5 on/after 4/11/2007 Union Banc Investment Services, LLC 3133XDHQ7 FHLB Fixed quarterly 5 on/after 4/25/2007 Citigroup Global Markets Inc. 3133XDHS3 FHLB Fixed quarterly 5 on/after 4/27/2007 Morgan Stanley DW, Inc. 3133XDKV2 FHLB Fixed monttily 5 on/after 3/09/2007 Union Banc Investment Services, LLC 3133XDT35 FHLB Fixed monthly 5 on/after 3/28/2007 Citigroup Global Mazkets Inc. 3133XEAA7 FHLB Fixed non NA NA NA Union Banc Investment Services, LLC 3133XJAS7 FHLB Fixed non NA NA NA Morgan Stanley DW, Inc. 3133XJFY9 FHLB Fixed one-time 5 on/after 6/27/2007 Union Banc Investment Services, LLC 3133XJNJ3 FHLB Fixed quarterly 5 on/after 4/23/2007 Citigroup Global Markets Inc. 3133XJHL5 FHLB Fixed quarterly 5 on/after 4/26/2007 D C7 D m .:~ m Q1 Z O O T d CITY OF LAKE ELSINORE OUTSTANDING INVESTMENTS BY YEAR OF MATURITY AS OF FEBRUARY 28, 2007 CUSIP PURCHASE CALL TYPE OF INVESTMENT NUMBER DATE DATE 2007 Local Agency Investment Fund LAIF NA NA Federated Treasury Money Market 599995250 NA NA Federal Home Loan Mortgage Corp. 3128X4HM6 08/22/2005 NA 2008 Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank 2009 Federal Home Loan Bank Federal Home Loan Bank 2010 Federal Home Loan Bank Percent maturing in 2007 MATURITY INTEREST YIELD TO YIELD TO DATE RATE MATURITY CALL NA 5.181 % 5.181 % NA NA 4.870% 4.870% NA 08/22/2007 4.500% 4.500% NA 73.38% 3133XCYK3 09/22/2005 anytime 09/09/2008 4.689% 4.689% 4.689% 3133XDC58 10/11/2005 4/11/2007 04/11/2008 4.560 % 4.560 % 4.560 3133XDHQ7 10/25/2005 4/25/2007 04/25/2008 4.835% 4.835% 4.835% 3133XDHS3 10/27/2005 4/27/2007 10/27/2008 5.000% 5.000% 5.000% 3133XDKV2 11/09/2005 3/09/2007 05/09/2008 5.000% 5.000% 5.000% 3133XDT35 11/28/2005 3/28/2007 11/28/2008 5.250% 5.250% 5.250% 3133XEAA7 12/29/2005 NA 09/29/2008 5.000% 5.000% NA 3133XJFY9 12/27/2006 6/27/2007 06/27/2008 5.250 % 5.250 % 5.250 % Percent maturing in 2008 17.75% 3133XJAS7 12/22/2006 NA 12/22/2009 5.500% 5.500% NA 3133XJNJ3 01/23/2007 4/23/2007 01/23/2009 5.500 % 5.500 % 5.500 % Percent maturing in 2009 6.66% 3133XJHL5 01/26/2007 4/26/2007 01/25/2010 5.500 % 5.500 % 5.500 % Percent maturing in 2010 2.22% Total outstanding investments 100.00% (1) Gain/ (Loss) equals the fair market value as of the month end less the cost PERCENTAGE OF PORTFOLIO MATURING WITHIN 1 YEAR a n PERCENTAGE OF PORTFOLIO MATURING OR CALLABLE WITHIN 1 YEAR m a CALLABLE TOTALS J z 0 O MARKET VALUE AS OF ACCRUED GAIN/ (LOSS) COST MONTH END INTEREST IF SOLD (1) 28,382,703.76 28,382,703.76 0.00 0.00 3,692,103.61 3,692,103.61 0.00 0.00 1,000,000.00 995,920.00 1,125.00 (4,080.00) 33,074,807.37 33,070,727.37 1,125.00 (4,080.00) 1,000,000.00 995,312.50 22,407.77 (4,687.50) 1,000,000.00 995,312.50 17,733.33 (4,687.50) 1,000,000.00 997,187.50 16,922.50 (2,812.50) 1,000,000.00 997,500.00 17,222.22 (2,500.00) 1,000,000.00 998,437.50 15,555.55 (1,562.50) 1,000,000.00 998,750.00 13,562.50 (1,250.00) 1,000,000.00 1,002,812.50 21,111.11 2,812.50 1,000,000.00 1,000,312.50 9,333.33 312.50 8,000,000.00 7,985,625.00 133,848.31 (14,375.00) 1,000,000.00 999,062.50 10,541.66 (937.50) 2,000,000.00 2,000,000.00 11,611.10 0.00 3,000,000.00 2,999,062.50 22,152.76 (937.50) 1,000,000.00 999,375.00 5,347.22 (625.00) 1,000,000.00 999,375.00 5,347.22 (625.00) $45,074,807.37 $45,054,789.87 $162,473.29 ($20,017.50) 73.38 95.56 $10,000,000.00 CITY OF LAKE ELSINORE CALL SCHEDULE AS OF FEBRUARY 28, 2007 TYPE OF CUSIP PURCHASE MATURITY YIELD TO YIELD TO CALL INSTITUTION INVESTMENT NUMBER DATE DATE COUPON MATURITY CALL DATE COST Union Banc Investment Services, LLC FHLB 3133XCYK3 09/22/2005 09/09/2008 4.689% 4.689% 4.689% anytime 1,000,000.00 Citigroup Global Markets Inc. FHLB 3133XDC58 10/11/2005 04/11/2008 4.560% 4.560% 4.560% 4/11/2007 1,000,000.00 Union Banc Investment Services, LLC FHLB 3133XDHQ7 10/25/2005 04/25/2008 4.835% 4.835% 4.835% 4/25/2007 1,000,000.00 Citigroup Global Markets Inc. FHLB 3133XDHS3 10/27/2005 10/27/2008 5.000% 5.000% 5.000% 4/27/2007 1,000,000.00 Morgan Stanley DW, Inc. FHLB 3133XDKV2 11/09/2005 05/09/2008 5.000% 5.000% 5.000% 3/09/2007 1,000,000.00 Union Banc Investment Services, LLC FHLB 3133XDT35 11/28/2005 11/28/2008 5.250% 5.250% 5.250% 3/28/2007 1,000,000.00 Morgan Stanley DW, Inc. FHLB 3133XJFY9 12/27/2006 06/27/2008 5.250% 5.250% 5.250% 6/27/2007 1,000,000.00 Union Banc Investment Services, LLC FHLB 3133XJNJ3 01/23/2007 01/23/2009 5.500% 5.500% 5.500% 4/23/2007 2,000,000.00 Citigroup Global Markets Inc. FHLB 3133XJHL5 01/26/2007 01/25/2010 5.500% 5.500% 5.500% 4/26/2007 1,000,000.00 TOTAL $10,000,000.00 n m ~ z n z 0 O CITY OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS AS OF FEBRUARY 28, 2007 CURRENT PERCENTAGE BASED ON MARKET VALUE DESCRIPTION AS OF FEBRUARY 28, 2007 U.S. Treasury Bills 0.00% U.S. Treasury Notes 0.00% Federal Agency Issues: FICB FFCB FLB FHLB FNMA FHLMC Banker's Acceptances Certificates of Deposit Negotiable Certificates of Deposits Commercial Paper Medium Term Corporate Notes Repurchase Agreements Reverse Repurchase Agreements LAIF (Local Agency Investment Fund) Current Balance Bank of New York -Trust Sweep Account Current Balance 0.00 0.00 0.00 26.60 0.00 2.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 63.00 8.19% TOTAL of Portfolio Maturing within one year of Portfolio Maturing or Callable within one year 100.00 MAXIMUM PERCENTAGE UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED 40.00 25.00% 30.00 15.00% 30.00 UNLIMITED 20.00 UNLIMITED $ 28,382,703.76 UNLIMITED $ 3,692,103.61 73.38 % no less than 25 95.56 AGENDA ITEM NO.=_ ~ac~=.oF_ r D CITY OF LAKE ELSINORE PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES JULY 2005 THROUGH FEBRUARY 2007 (INCEPTION TO DATE) O F PORTFOL.T O BY AGENCY MONTH July 2005 FFCB 0.00 % FHLB 0.00 % FHLMC 0.00 August 2005 0.00 % 0.00 % 3.33 September 2005 0.00 % 6.23 % 3.12 October 2005 0.00 % 14.23 % 2.85 November 2005 0.00 % 18.82 % 2.69 December 2005 0.00 % 22.92 % 2.86 January 2006 0.00 % 20.74 % 2.59 % February 2006 0.00 % 21.01 % 2.62 March 2006 0.00 % 20.49 % 2.55 % April 2006 0.00 % 20.59 % 2.57 May 2006 0.00% 19.94 % 2.49 June 2006 0.00 % 24.91 % 1.91 % July 2006 0.00 % 25.26 % 1.93 August 2006 0.00 % 28.57 % 2.19 September 2006 0.00 % 26.17 % 2.37 % October 2006 0.00 % 26.26 % 2.38 November 2006 0.00 % 24.69 % 2.46 December 2006 0.00 % 28.04 % 2.54 % January 2007 0.00 % 27.59 % 2.12 % February 2007 0.00 % 26.60 % 2.21 AVERAGE 0.00% 20.15% 2.39% TOTAL % OF F~[~ PORTFOLIO IN FEDERAL A 0.00% .N I 0.00% 0.00% 3.33% 0.00% 9.35% 0.00% 17.08% 0.00% 21.51% 0.00 % 25.78 0.00 % 23.33 % 0.00 % 23.63 % 0.00 % 23.04 0.00 % 23.16 5.02 % 27.45 3.85 % 30.67 % 3.90% 31.09% 4.41 % 35.17% 4.77% 33.31 4.79% 33.43 0.00% 27.15% 0.00% 30.58% 0.00% 29.71 0.00% 28.81% 1.34 % 23.88 AGENDA ITEM N0. PAGE 10 OFD CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: APRIL 10, 2007 SUBJECT: RESOLUTION INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS TRACTS 32337-1 AND 32337-2 INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1, AS LLMD ANNEXATION NO.17 (LA LAGUNA PHASES 4 & 5), 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 that La Laguna Phases 4 & 5 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. DISCUSSION Attached is the Engineer's report for the Lake Elsinore Landscape and Street Lighting Maintenance District Annexation No. 17 (La Laguna Phases 4 & 5) ~+~ENDA ITEM N0. REPORT TO CITY COUNCIL APRIL 10, 2007 PAGE 2 prepared by Harris and Associates. The district annexation includes the La Laguna Phases 4 & 5 development which is comprised of two zones. Zone 18 (Tract 32337-1) contains approximately 36 street lights. The total annual cost of operations and maintenance for Street Lighting is estimated at $7,393.61 or $78.66 per dwelling unit. The estimated street lighting cost for the first year includes a 50% reserve of $3,446.81, bringing the total cost to $10,840.42 or $115.32 per dwelling unit. Zone 19 (Tract 32337-2) contains approximately 16 street lights. The total annual cost of operations and maintenance for Street Lighting is estimated at $3,563.83 or $33.94 per dwelling unit. The estimated street lighting cost for the first year includes a 50% reserve of $1,531.91, bringing the total cost to $5,095.74 or $48.54 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. 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 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 street lighting maintenance. t~GENDA REM N0. 2 PAGE_,~._OF~ REPORT TO CITY COUNCIL APRIL 10, 2007 PAGE 3 PROCESS The annexation of the Landscape and Street Lighting District Annexation No. 17 (La Laguna Phases 4 & 5) 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 May 8, 2007. RECOMMENDATION It is recommended that City Council: Approve the Engineer's Report for Annexation No. 17 (La Laguna Phases 4 & 5) to LLMD No. 1 2. Adopt the Resolution 2007 -`I5 declaring the intention to annex La Laguna Phases 4 & 5 into LLMD No. 1 3. Schedule the public hearing on the District Formation for May 8, 2007 PREPARED BY: MATT N. PRESSEY DIRECTOR OF ADP APPROVED FOR AGENDA BY: STRATIVE SERVICES AGENDA ITEM N0. ~ PAG~~ 3 OF,~ TRACT 32337-2 APN: 391-810-007 r I ZONE 19 ,1 cq~,~gr°Ri~ `~ TRACT 32337-1 `~~ ~~y ZONE ~ 8 ~ ~ ~F~ c gtiy~ aq R~ ~ APN: 391-840-001 to -019 391-841-001 to -010 391-842-001 to -023 391-850-001 to -040 391-851-001 to -005 SCALE: 1'= 250' L&GStl}?:: ~~ DfBTR[CI' 801fND~RY PROJECT - - - - - - ZONS Bo[1NDaR1t SITE ~~ w Y Q -~ ^p1 Q' ~F pR qp ~~ ~ ~ 4o~R 2 OD ~F~. P~ Rp p~Y c~ GAP ~~ O,P ~9'` ~P ~~k, ~3 ~ A~ gygM2 y . VICQIITY ItAP NO SGIE The parcel numbers above corresppond to the Assessor's mops of the Assessor of the County of Riverside for Fiscol Yeor 2006-07. Annexation No. 17 to the landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Page 1 of 1 AGENDA ITEM N0. 2 PAGE~r„~,,,~,©F~ RESOLUTION N0.2007- ~-{ ~ 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 TRACTS 32337-1 AND 32337-2 INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1, AS ANNEXATION NO. 17 (LA LAGUNA PHASES 4 & 5) TO THE LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1, 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 temtory (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 2006/2007 for the purposes provided therefore in the Act; and WHEREAS, K Hovnanian Forecast (hereinafter referred to as the "Developer") is the sole owner of that certain real property located in the City of Lake Elsinore, County of Riverside, State of California, more particularly described as follows: Legal Description: Tracts 32337-1 and 32337-2, in the City of Lake Elsinore, County of Riverside, State of California, currently known as Assessor Parcel No.'s 391-810- 007, 391-840-001 to -019, 391-841-001 to -010, 391-842-001 to -023, 391-850- 001 to -040, and 391-851-001 to 005; and AGENDA ITEM N0._~___.__ PAGE ``r pF~ CITY COUNCIL RESOLUTION N0.2007-_ Page 2 of 5 WHEREAS, the Developer is developing the Property as a single family residential development (hereinafter referred to as the "Project"); 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 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 development known as Assessor Parcel Numbers 391-810-007, 391-840-001 to -019, 391-841-001 to - 010, 391-842-001 to -023, 391-850-001 to -040, and 391-851-001 to 005; and WHEREAS, the developer has submitted a petition to the City requesting to have the development annexed into the Landscape and Street Lighting District No. 1; and WHEREAS, the developer, as stated in the petition, may waive all statutory notices of hearing and rights of majority protest by any interested property owners within the Annexation; and WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is designated Proposed Annexation No. 17 (Phases 4 & 5) to the Lake Elsinore Landscape and Street Lighting Maintenance District No. 1 and an assessment showing the proposed boundaries of the temtory 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 AGENDA 17EM N©. PAQ~OF~ CITY COUNCIL RESOLUTION N0.2007-_ Page 3 of 5 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. 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, 2006 and ending June 30, 2007, 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 2006/2007, 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 Tracts 32337-1 and 32337-2, also known as Assessor Parcel No.'s 391-810-007, 391-840-001 to -019, 391-841-001 to -010, 391-842-001 to -023, 391-850-001 to -040, and 391-851-001 to 005, 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 AGENDA 17EM N0. ~- ~A~ 0~ CITY COUNCIL RESOLUTION N0.2007-_ Page 4 of 5 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. 17 (La Laguna Phases 4 & 5) 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 Owner has provided the City Council of the City of Lake Elsinore a petition fully signed and notarized, waiving all statutory notices of hearing and notice periods, granting the City the right to maintain and service the improvements and gives consent to the 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 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 8th day of May, 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. AGENDA ITEM N©. ~-. CITY COUNCIL RESOLUTION N0.2007-_ Page 5 of 5 SECTION 10. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 10th day of April, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Michelle Soto, Deputy City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore t~~~GA 17~~fl NOD. 2 pAGE~_OF~S~ EXHIBIT A ANNEXATION NO. 17 (LA LAGUNA PHASES 4 & 5) TO LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 SCAtE: ,-_ 250• PROJECT SITE ~~ W Y Q J ^1 cATFWgy pRi~ fv 9~FS,c._ ..~~~ ~~ OL9YRICT BOUNDIBI' - - - - zoxe souNnexx V ~ V ~+ Q' ~F pEt gpQL ~~ 9 kcy~ 2 OO P~ ROgpYgy C~7 GAP Q~ O~ ~P \O~c' ~ ~ q~ gygM~ vicnatrir cur NO SCAIE r~GENDA ITEM N0. ~- PAGE~_OFa~ Engineer's Report for Annexation No. 17 to the lake Elsinore Landscape and Street Lighting Maintenance District No. 1 (La Laguna Phases 4 & 5) City of Lake Elsinore Riverside County, California Prepared by: Hams Assae~iates~ March 28, 2007 AGENDA ITEM N0. ~~ PAGE~_,,,,,OF,~ Annexation No. 17, City of Lake lrlsnore March 28, 2007 Landscape and Street Lighting Maintenance District No. 1 Fage i ENGINEER'S TtEPC)RT ANNEXATT4N NO. 17 to the LAKL ELSINORE LANDSCAPE AND STREE`T` T~T+~HTING MAINTENANCE DISTRICT NCt. 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 afCalifornia. DATED: March 28, 20x7 p~p~ESSr ro wa ~,~ r. ~ a w~ aQ a- ---~- ~ Np. 4i 965 c"XA. 3f31/p$ Y: Joan ,Cox `~~,~, c,vt~ ~ R.C.E. No. 41965 ~ ~F- cat-~~° I HEREBY CERTIFY that the enclosed. Engineer's Report, together with Assessment Roll and Diagram thereto attached, was filed with me an the ~ day of , 2007. City Clerk, City ofLake Elsinore Riverside County, California By I I-IEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Ra11 and Diagram thereto attached, was approved and confirmed by the City Council of the City of Lake Elsinore, California, an the ____ day af` , 2007. City Clerk, City of Lake Elsinore Riverside County, California By q:lelsinorelllmdl\formetiontnew districflannex no, 17 llmd engineer's report Qa laguna ph 4&9}.doc ~iGENDA ITEM NO.,,,_ r1 PAGE~Or~ ~ Annexation No. 17, City of Lake Elsinore March 28, 2007 Landscape and Street Lighting Maintenance District No. 1 Page ii ENGINEER'S REPORT ANNEXATION NO. 17 to the LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 TABLE OF CONTENTS Certificates ............................................................................. . Report .................................................................................... . Part A -Plans and Specifications ............................... Part B -Estimate of Cost ............................................ Part C -Assessment Roll ........................................... Part D -Method of Apportionment of Assessment.... Part E -Property Owner List ...................................... Part F -Assessment District Boundary ...................... Appendix -Assessment Roll q:\elsinore\IImd1\formation\new district\annex no. 17 Ilmd engineer's report (la laguna ph 4&5).doc ......................... i ........................ 1 ........................ 3 ........................ 5 ........................ 6 ........................ 7 ...................... 10 ...................... 10 ~GENIDA ITEM N0. ~' PAGE~3 OF ~~ Annexation No. 17, City of Lake Elsinore March 28, 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. 17 to the LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 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 2006-07, 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. 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. q:\elsinore\IImd1\formation\new district\annex no. 17 Ilmd engineers report (la laguna ph 4&5).doc AGENDA ITEM N0. PAGE~~„OF ~g Annexation No. 17, City of Lake Elsinore March 28, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 2 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. q:\elsinore\IImd1\formation\new district\annex no. 17 Ilmd engineer's report (la laguna ph 4&5).doc AGENDA l 1 E1111 N0. PAGE /S,_OF~ Annexation No. 17, City of Lake Elsinore March 28, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 3 PART A PLANS AND SPECIFICATIONS The facilities will be operated, serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS, FY 2006-07 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. q:\elsinore\IImd1\formation\new district\annex no. 17 Ilmd engineers report (la laguna ph 4&5).doc AGENDA ITE~II NO..~ PAGE l~ OF,~ Annexation No. 17, City of Lake Elsinore March 28, 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 ]tidgestone 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. The facilities in Zones 18 and 19 are specifically described as follows: Zone 18 • Street lights within the public right-of--way (36 street lights) Zone 19 • Street lights within the public right-of--way (16 street lights) Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the street lights and appurtenant facilities, including repair, removal or replacement of all or part of any of the street lights or appurtenant facilities. Servicing means the maintenance of any of the lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the lighting 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. q:\elsinore\IImd1\formation\new district\annex no. 17 Ilmd engineer's report (la laguna ph 4&5).doc AGENDA I 1 ~Irl NV~ PAG / ©F~ Annexation No. 17, City of Lake Elsinore March 28, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 5 PART B ESTIMATE OF COST The estimated cost of the operation, servicing and maintenance of the street light improvements for Fiscal Year 2006-07, as described in Part A, are summarized herein and described below. ANNEXATION NO. 17 to the LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 Prouosed Budget -Fiscal Year 2006-07 Zone 18, Fiscal Year 2006-07 Estimated Costs Operations and Maintenance $ 6,893.61 Reserve (50%) $ 3,446.81 Sub-Total $ 10,340.42 District Administration $ 500.00 Total Estimated Costs $10,840.42 Zone 19, Fiscal Year 2006-07 Estimated Costs Operations and Maintenance $ 3,063.83 Reserve (50%) $ 1,531.91 Sub-Total $ 4,595.74 District Administration $ 500.00 Total Estimated Costs $ 5,095.74 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. q:\elsinore\IImd1\formation\new district\annex no. 17 Ilmd engineer's report (la laguna ph 4&5).doc AGENDA iTf`~I N0. `~ FAGS, ~~ .OF~ Annexation No. 17, City of Lake Elsinore March 28, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 6 PART C ASSESSMENT ROLL The total proposed assessment for Fiscal Year 2006-07 and the amount of the total proposed assessment apportioned to each lot or parcel within Zones 18 and 19 of the District, as shown on the latest assessment roll at the Riverside County Assessor's Office, are contained in the Assessment Roll provided in the Appendix. 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. q:\elsinore\Ilmdt\formation\new distrtct\annex no. 17 Ilmd engineers report (la laguna ph 4&5).doc AGENDA I~~IYI NO.~.... p~G~©~ Annexation No. 17, City of Lake Elsinore March 28, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 7 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 street lighting and appurtenant improvements within the District. SPECIAL BENEFIT ANALYSIS 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 q:\elsinore\IImd1\formation\new district\annex no. 17 Ilmd engineer's report (la laguna ph 485).doc AGENDA ITEnII Nth. ~+AQ,,~,©F...~~ Annexation No. 17, City of Lake Elsinore March 28, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 8 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 Zones 18 and 19 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. The single-family detached (SFD) residential parcel has been selected as the basic unit for calculation of assessments; therefore, the 5FD 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/Parks. Parcels that are designated for parks or parcels that are developable but do not have a finalized development map are assessed based upon the acreage of the parcel. These properties receive special benefits based on their land, as this is the basis of their value. 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 (and park parcels) will be assessed at the rate of 25% of Non-Res properties, or 1.5 EDU per acre or any portion thereof. Open Space/Basins. Parcels designated as open space or basins do not receive special benefits from the Improvements and are therefore exempt from the assessment. q:\elsinore\IImd1\formation\new district\annex no. 17 Ilmd engineers report (la laguna ph 4&5).doc AGENDA I~~IYI NW... _ ,. f '' o„s pAQ~ a~ OF ~~ Annexation No. 17, City of Lake Elsinore March 28, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 9 Zone 18 The parcels of land in Zone 18 are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the street lighting within and directly adjacent to the development, as shown in Part B of this report, will be apportioned on a residential lot basis. The table below provides the assessment apportionment for Zone 18. SFR Max. Maint. Asmt Actual Asmt Total Max. Asmt Lots per Unit (FY 2006.07)'" per Unit (FY 2006-07) For District 94 $115.32 $0.00 $10,840.08 * 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. Zone 19 The parcels of land in Zone 19 are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the street lighting within and directly adjacent to the development, as shown in Part B of this report, will be apportioned on a residential lot basis. The table below provides the assessment apportionment for Zone 19. SFR Max. Maint. Asmt Actual Asmt Total Max. Asmt Lots per Unit (FY 2006-07)* per Unit (FY 2006-07) For District 105 $48.54 $0.00 $5, 096.70 * 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. q:\elsinore\IImd1\formation\new district\annex no. 17 Ilmd engineer's report (la laguna ph 4&5).doc AGENDA ITE~II NG.,,,,~,,,,~,,,-~.~. PAGE a ~~ OF Annexation No. 17, City of Lake Elsinore March 28, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 10 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. q:\elsinore\IImd1\formation\new district\annex no. 17 Ilmd engineer's report (la laguna ph 4&5).doc AGENDA ITEIIN N0. PAGE ~ OF°~~ TRACT 32337-2 APN: 391-810-007 1 I Cq ~F'g, ZONE 7 9 ~ qY °R,~ ~~ TRACT 32337-1 ~~~ M~ ZONE 18 y ~ ` c,~FR c qR~ / ~ ~~}OH A ~ APN: 391-840-001 to -019 391-841-001 to -010 391-842-001 to -023 391-850-001 to -040 391-851-001 to -005 SCALE: 1'- 250' LSG6NL: ~~ DI97RICT HOIIND~1tY PROJECT - - - - - - zoxa eouNnaslr SITE ~~ w Y J 1, ~ ~, ~~ c~,EW ~ r ~,~ ~ q,~~S,S,~~F ~R ``2~ ` ~9P O ~~ ~2q 4~ti ~ z o F~ a~ R ~NYgy C~ C.r~PO O~ O~ ~9~ ~P ~Ok, ~_ ~~ Ate AygM2y. V[CIN11'Y !GP NO SCALE The parcel numbers above corresppond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2006-07. Annexation No. 17 to the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Page 1 of 1 AGENDA Il"EI~ Nd. ~" PAG~OF APPENDIX ASSESSMENT ROLL AGENDA !T'EM NO..~._~-. ~~G~oF~ CITY OF LAKE ELSINORE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 PRELIMINARY ASSESSMENT ROLL FISCAL YEAR 2006-07 ZONE 18 Assessor's FY 2006-07 Parcel Number Landuse DU's EDU's Max. Asmt 391-840-001 SFR 1 1.000 $115.32 391-840-002 SFR 1 1.000 $115.32 391-840-003 SFR 1 1.000 $115.32 391-840-004 SFR 1 1.000 $115.32 391-840-005 SFR 1 1.000 $115.32 391-840-006 SFR 1 1,000 $115.32 391-840-007 SFR 1 1.000 $115.32 391-840-008 SFR 1 1.000 $115.32 391-840-009 SFR 1 1.000 $115.32 391-840-010 SFR 1 1.000 $115, 32 391-840-011 SFR 1 1.000 $115.32 391-840-012 SFR 1 1.000 $115.32 391-840-013 SFR 1 1.000 $115.32 391-840-014 SFR 1 1.000 $115.32 391-840-015 SFR 1 1.000 $115.32 391-840-016 SFR 1 1.000 $115.32 391-840-017 SFR 1 1.000 $115.32 391-840-018 SFR 1 1.000 $115.32 391-840-019 EXE 0.000 $0.00 391-841-001 SFR 1 1.000 $115.32 391-841-002 SFR 1 1.000 $115.32 391-841-003 SFR 1 1.000 $115.32 391-841-004 SFR 1 1.000 $115.32 391-841-005 SFR 1 1.000 $115.32 391-841-006 SFR 1 1.000 $115.32 391-841-007 SFR 1 1.000 $115.32 391-841-008 SFR 1 1.000 $115.32 391-841-009 SFR 1 1.000 $115.32 391-841-010 SFR 1 1.000 $115.32 391-842-001 SFR 1 1.000 $115.32 391-842-002 SFR 1 1.000 $115.32 391-842-003 SFR 1 1.000 $115.32 391-842-004 SFR 1 1.000 $115.32 391-842-005 SFR 1 1.000 $115.32 391-842-006 SFR 1 1.000 $115.32 391-842-007 SFR 1 1.000 $115.32 3/28/2007 Page ~ AGENDA IT~NI IVtS.. PAGE©F~ CITY OF LAKE ELSINORE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 PRELIMINARY ASSESSMENT ROLL FISCAL YEAR 2006-07 ZONE 18 (Continued) Assessor's FY 2006-07 Parcel Number Landuse DU's EDU's Max. Asmt 391-842-008 SFR 1 1.000 $115.32 391-842-009 SFR 1 1.000 $115.32 391-842-010 SFR 1 1.000 $115.32 391-842-011 SFR 1 1.000 $115.32 391-842-012 SFR 1 1.000 $115.32 391-842-013 SFR 1 1.000 $115.32 391-842-014 SFR 1 1.000 $115.32 391-842-015 SFR 1 1.000 $115.32 391-842-016 SFR 1 1.000 $115.32 391-842-017 SFR 1 1.000 $115.32 391-842-018 SFR 1 1.000 $115.32 391-842-019 SFR 1 1.000 $115.32 391-842-020 SFR 1 1.000 $115.32 391-842-021 SFR 1 1.000 $115.32 391-842-022 SFR 1 1.000 $115.32 391-842-023 EXE 0.000 $0.00 391-850-001 SFR 1 1.000 $115.32 391-850-002 SFR 1 1.000 $115.32 391-850-003 SFR 1 1.000 $115.32 391-850-004 SFR 1 1.000 $115.32 391-850-005 SFR 1 1.000 $115.32 391-850-006 SFR 1 1.000 $115.32 391-850-007 SFR 1 1.000 $115.32 391-850-008 SFR 1 1.000 $115.32 391-850-009 SFR 1 1.000 $115.32 391-850-010 SFR 1 1.000 $115.32 391-850-011 SFR 1 1.000 $115.32 391-850-012 SFR 1 1.000 $115.32 391-850-013 SFR 1 1.000 $115.32 391-850-014 SFR 1 1.000 $115.32 391-850-015 SFR 1 1.000 $115.32 391-850-016 SFR 1 1.000 $115.32 391-850-017 SFR 1 1.000 $115.32 391-850-018 SFR 1 1.000 $115.32 391-850-019 SFR 1 1.000 $115.32 391-850-020 SFR 1 1.000 $115.32 3/28/2007 Page 2 AGENDA ITEM Nd. ~-- PAG~. ~ ~_OFQCa CITY OF LAKE ELSINORE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 PRELIMINARY ASSESSMENT ROLL FISCAL YEAR 2006-07 ZONE 18 (Continued) Assessor's FY 2006-07 Parcel Number Landuse DU's EDU's Max. Asmt 391-850-021 SFR 1 1.000 $115.32 391-850-022 SFR 1 1.000 $115.32 391-850-023 SFR 1 1.000 $115.32 391-850-024 SFR 1 1.000 $115.32 391-850-025 SFR 1 1.000 $115.32 391-850-026 SFR 1 1.000 $115.32 391-850-027 SFR 1 1.000 $115.32 391-850-028 SFR 1 1.000 $115.32 391-850-029 SFR 1 1.000 $115.32 391-850-030 SFR 1 1.000 $115.32 391-850-031 SFR 1 1.000 $115.32 391-850-032 SFR 1 1.000 $115.32 391-850-033 SFR 1 1.000 $115.32 391-850-034 SFR 1 1.000 $115.32 391-850-035 SFR 1 1.000 $115.32 391-850-036 SFR 1 1.000 $115.32 391-850-037 SFR 1 1.000 $115.32 391-850-038 SFR 1 1.000 $115.32 391-850-039 SFR 1 1.000 $115.32 391-850-040 EXE 0.000 $0.00 391-851-001 SFR 1 1.000 $115.32 391-851-002 SFR 1 1.000 $115.32 391-851-003 SFR 1 1,000 $115.32 391-851-004 SFR 1 1.000 $115.32 391-851-005 SFR 1 1.000 $115.32 Zone 18 Totals: 94 94.000 $10,840.08 ZONE 19 Assessor's FY 2006-07 Parcel Number Landuse DU's EDU's Max. Asmt 391-810-007 SFR 105 105.000 $5,096.70 3iasiz,oo~ AGENbA ITEM NO~Page 3 r~- PAGE....-fig OF ~8 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: APRIL 10, 2007 SUBJECT: RESOLUTION OF INTENTION TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT N0.2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA N0.23 (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 four or more residential dwelling units to be annexed into the service district. As a condition of approval, the City has required the project located on APNs 391- 810-007, 391-840-001 to -0l 9, 391-841-001 to -010, 391-842-001 to -023, 391- 850-001 to -040, and 391-851-001 to 005, also known as La Laguna Phases 4 & 5, to be annexed into the Community Facilities District No. 2003-1. DISCUSSION A special tax will be levied in the amount of $318.36 per single family dwelling unit for fiscal year 2006-07. The amount of the special tax assessment maximum increases two percent annually. The La Laguna Phases 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. ~GEND~- I'i'Ellll N0. REPORT TO THE CITY COUNCIL APRIL 10, 2007 PAGE 2 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. PROCESS The annexation into the district requires a specific process as outlined in the attached resolution. The City Council will need to hold a public hearing on the annexation into CFD 2003-1 and the participating property owner will have the opportunity to vote. The public hearing can be scheduled for May 22, 2007. RECOMMENDATION It is recommended that City Council: 1. Adopt the resolution of intention to Annex Property from Annexation Area No. 23 (La Laguna Phases 4 & 5) into the CFD 2003-1 Resole-h~on moo. ~~~-`~lo 2. Schedule the public hearing on Annexation Area No. 23 (La Laguna Phases 4 & 5) for May 22, 2007 PREPARED BY: APPROVED FOR AGENDA BY: MATT N. PRESSEY DIRECTOR OF ADMINISTRATIVE SER VICES C MANA R'S FICE p~pa~OF~ PROPOSED BOUNDARY OF ANNEXATION N0. 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: I'= 250' I.EGL+ND: DISTRICT BOUNDARY I ~ Gq TFwq Y 1 ~Ri~,f. ~ TRACT 32337-1 ~ ~ ~c ~ ~ MFR ~ cgyr 0 / 1 N AqR~ ~~ '~O ~ APN: 391-840-001 to -019 391-845-001 to -010 391-842-001 to -023 391-850-001 to -040 391-851-001 t0 -005 FILED IN THE OF'F'ICE OF THE GTY QERK OF THE OTY OF LAKE ELSINORE 7H15 OAY OF 2007 GTY CLERK OF THE pTY OF LAKE ELSINORE I HEREBY CERTIFY h1A7 TFIE A1THW NAP SHOIMNG THE PROPOSED BOUNDARIES OF ANNEI:A RON NO 23 TO COMMUNITY FAGLITIES pSTRICT NO. 200J-1 qTY OF LAKE ELSINORE, COUN7Y OF' RIVERSIDE, STATE OF' CAL/FORNIA WAS APPROYED BY THE dTY COUMCIt OF THE pTY OF LAKE ELSINORE: AT A REGULARLY SCHEDULED kEETWC THERfOf, HELD ON 7NE -____ DAY OF - 2007. BY ITS RESp.U110N Na GTY CLERK OF ME d7Y OF LAKE ELSWORE FILED THIS _ OAV OF - 2007. AT 171E HOUR OF O'CLOCK_Y. tN BOOK_ OF NAPS OF ASSESSMENT AND COMMUNITY FAGLITIES pS1FRCT5 PAGE NOS~THROUGM_ AS INSTRUMENT N0. IN THE OFf1CE OF THE COUNTY RECORDER W THE COON TT OF MVERSIDE, STATE OF CALIFORNIA. LARRY W. WARD ASSESSOR-COUNTY CLERK-RECORDER CDUNTT DF RIVERSIDE FEE j REFERENCE 1HE RIVERSIDE COUNTY ASSESSOR'S MAPS FOR A DETAILED DESpTIPOON OF PARCEL LNES AND pMENSIONS 0 Z W ~ a _~ a >D Z W C'3 Q VICINITY 31AP NO SCALE RESOLUTION N0.2007-~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 23 (LA LAGUNA PHASES 4&5) WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City") has established 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, commencing with Section 53311 of the Government Code of the State of California (the "Act"); and WHEREAS, the District will 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 has provided for the annexation in the future of territory (the "Future Annexation Area") to the District pursuant to the terms and provisions of the Act; and WHEREAS, the City has received a Consent and Waiver from K Hovnanian Forecast requesting annexation of property owned by K Hovnanian Forecast, which constitutes a portion of the Future Annexation Area, into the District. 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 annexation of Annexation Area No. 23 (La Laguna Phases 4 & 5) ("Annexation Area No. 23") into the District under the terms of the Act. The exterior boundaries of the area to be annexed (Annexation Area No. 23) 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. 2003-1 (Law Enforcement, Fire and Paramedic AGENDA ITEM N~.,.~,~ PAQ~~OF~ CITY COUNCIL RESOLUTION N0.2007-_ Page 2 of 5 Services), Annexation Area No. 23 (La Laguna Phases 4 & 5)," which map indicates by a boundary line the extent of the territory included in Annexation Area No. 23 and shall govern for all details as to the extent of Annexation Area No. 23. SECTION 2. The map showing Annexation Area No. 23, which area is to be subject to a special tax to be levied, is hereby approved and adopted. On the original and one copy of the map of such Annexation Area No. 23 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 his 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 3. The name of the proposed annexation area shall be "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)." 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 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 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 Annexation Area No. 23. 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 annexation of Annexation Area No. 23 will not result in any change to the special tax rates levied in the District prior to such annexation. 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. 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 AGENDA ITEM NG~~ ____._ PAG~C~F~ CITY COUNCIL RESOLUTION NO.2007- Page 3 of 5 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 Annexation Area No. 23 by more than 10 percent. 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 annexation of Annexation Area No. 23 and the proposed rate and method of apportionment of the Special Tax shall be held on May 22, 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 Annexation Area No. 23, 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 Annexation Area No. 23 and, at or before the time of the above-mentioned Hearing, file a report with the City Council, which is to be made a part of the record of the Hearing, containing a brief description of Annexation Area No. 23 and his or her estimate of the cost of providing additional law enforcement, fire and paramedic services within the boundary of Annexation Area No. 23. The City Manager is directed to estimate the fair and reasonable cost of all incidental expenses, including all costs associated with the annexation of Annexation Area No. 23, 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 annexing the proposed Annexation Area No. 23. 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 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 Annexation Area No. 23. AGENDA ITEM Nth. ~A~~_~...OF~ CITY COUNCIL RESOLUTION N0.2007-_ Page 4 of 5 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 Annexation Area No. 23. 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 Annexation Area No. 23 as provided in Section 53339.5 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 mailed ballot election. SECTION 11. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 10th day of April, 2007, by the following vote. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Michelle Soto, Deputy City Clerk City of Lake Elsinore AGENDA I~"EIIM IVC~-._ PAA~_=OF~a-- CITY COUNCIL RESOLUTION NO.2007- Page 5 of 5 APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITEM NG. PAGE~OF~ EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX AGENDA ITEM NO.....:~_... PAGE.,,,,,OF„~.. CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT N0.2003-1 (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 G'~M N0. pAG~~.,~~ v OF.1=- 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 $150 per Unit. The amount of Maximum Annual Special Taxes shall be increased annually by 2%, commencing in Fiscal Year 2004-05, and each Fiscal Year thereafter. Duration of the Maximum Annual Special Taxes The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law Enforcement, Fire and Paramedic Services are being provided within the District. The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure each levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government Code. AGENDA ITEM N0. PAGE,_„~LlOF~ PROPOSED BOUNDARY OF ANNEXATION N0. 23 TO COMMUNITY FACILITIES DISTRICT No. 2003-1 OF THE CITY OF LAKE ELSINORE {LAW ENFORCEMENT, FIRE, AND PARAMEDIC SERVICES) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SCALE: t'= 250' LEGEND: DISTRICT BOUNDARY FTLEa W 7HE OFFICE OF 7ME air aERK OF iTIE an aF cAKE ELSWORE mIS aAr of 2007. dTY d.E OF THE dTY OF LAKE ELSINORE I HEiTEBY CERTIFY THAI 7VfE NI7HW YAP SNOMINO THE PROPOSED (lOUNOAfiES OF ANNEXAl10N NQ 23 TO CalYUM7Y FAdUIIES p57RIC7 NO. 200.7-i pTY OF LAKE ELSINORE, CdMTY CF RIVERSIDE, 57A7E OF CALIFORNIA WAS APPROVED BY 1HE do COUNCIL OF THE dTY OF LAKE ELSRWRE: AT A REGULARLY SCHEDULED MEETING THEREOF, HELD ON TFIE __. DAY OF _ __ 2007, 8Y ITS RESOLUTION No. GTY CLERK OF THE dTY Of LAKE ELSWORE FILED THIS _ DAY OF 2007. AT 711E HOUR OF O'G.OCK~Y. W BOd( OF YAPS OF ASSESSMENT AND LOMMUWTY FAGU7IES pSIRiCT$ PAGE NOS`_THROUGN_ AS INS7RVMENi N0. IN 7NE OFFICE OF T}IE COUNTY RECORDER W THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. LARRY w. WARD ASSESSOR-COUNTY QERK-RECORDER COUNTY QF RIVERSIDE FEE : REFERENCE 7NE RIVER50E d7UNTY ASSESSOR'S YAPS FOR A DETAILED OESCMPTION OF PARCEL ONES AND OWENSN7N5 LL O V Z W ~ Q ~ a a a Z W vlcuvrnr eur NO SCALE CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: FROM: DATE SUBJECT: APPLICANT: REQUEST MAYOR AND CITY COUNCIL ROBERT A. BRADY, CITY MANAGER APRIL 10, 2007 FINAL MAP N0.30494-3 PARDEE HOMES Approval of Final Map No. 30494-3 located on approximately 9.68 acres. The tract map proposes twenty (24) residential lots with four (4) lettered lots for streets and common area purposes. LOCATION The proposed Final Map is located southeast of Canyon Hills Road northeast of Cottonwood Canyon Road in the Canyon Hills Specific Plan Area. BACKGROUND At their regularly scheduled meeting of October 25, 2005, the City Council approved Tentative Tract Map No. 30494-3. DISCUSSION Staff has reviewed the Final Map and finds it in substantial conformance to Tentative Tract Map No. 30494-3 and that all Conditions of Approval relative to the Final Map approval have been completed. REPORT TO CITY COUNCIL APRIL 10, 2007 PAGE 2 FISCAL IMPACT None. RECOMMENDATION Staff Recommends that: 1. The City Council approve Final Map No. 30494-3 subject to the City Engineer's acceptance as being true and correct. 2. That the City Council authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 30494-3. PREPARED BY: APPROVED FOR AGENDA BY: Attachment: Vicinity Map / r ••--- CITY ANAGER' S FFICE KEN A. SEUMALO, CITY ENGINEER ~.~5 BIG TEE DR uw.ar••ns•.raw r ^ ~^ awas~er~n~ai~sar~.aa-a.wfa+-wu~i a wn~aawu~as~u~ a wu~nwu~aaw~a~~r~ar~ ^ a~nw rawuwuwi-aw^~awwnw S[',1'CRES ~S~RrR~`rFl` ~yl T D[l y `~ ..... ~- - , , w ,. 4 f 0~ R ~~55 a~ pl ~ti sy. :.. C 4 sA ~rl~ ~~ °o d z o 55 p ~ GAP S~ a 0~~~ ~~~~ 0 ti - .:. C~~ ~ ~~~. CanyoiiHiilS C;~`mr-~unity Park c C~,P ~~ V~~~~~ ~~ ~ ~~~ (l~cthyidcl'ark ~~' -`~ ~1 ~~ CA~'OP ~ ~ ~ I lLN C~D~R~I~L ~ ~ 0~ w SUGARBUSH LN COTT,~1 GE GLEN DR HEMLOCK ST a~u~~awu~uanw^tiu~aa~^^wuit^naaw^^wnwtaawn~~^w^ ^s~^~au~nw^.~u~rrwu~u~sr~saara~~ Cotton~~~zti C'invon Park __ . co ,~~ o~ `zo o~ ~9 ~~ O~ `O A A iTEAri d~C2. ~~~ 3 ~~. 3 Base mao oreoared bv: FINAL MAP 30493-3 City of Lake Elsinore Engineering Division CITY COUNCIL April, 2007 Data Sources: CITY OF LAKE ELSINORE County of Riverside GlS City of Lake Elsinore GIS D T .l AP" L I0, 200 / Stateplane NAD 83 CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: APRIL 10, 2007 SUBJECT: RAILROAD CANYON ROAD SLOPE REPAIR PROJECT -NOTICE OF COMPLETION BACKGROUND A slope failure occurred in February 2005 just west of the eastbound travel lanes on Railroad Canyon Road. Based on the localized rockslide, a number of repair methods were considered. In the final analysis, the City's consultant recommended a combination of mid-level and lower level catchment fences, rock bolting and horizontal drain installation. The estimated cost, including other administrative costs, for the original proposal was $650,000. The budget estimate for this work on the Railroad Canyon Slope was $465,000. Staff sought the opinion of a second geotechnical consultant, and considering the performance of the slope over the past year, the original scope of work was revised to perform rock-scaling at selected locations and construct two catchment fences. The consultant indicated the rockslide facing has stabilized for a period of time, however to provide additional protection to the public, a "catchment fencing system" is needed and should be installed. The cost estimate of the reduced scope of work is $300,000. DISCUSSION On November 30, 2006 at 10:00 a.m. the City received three (3) bids from contractors to repair the slope on Railroad Canyon Road. The firm of HI-TECH Rockfall Construction was the low bidder. This contractor had extensive REPORT TO CITY COUNCIL APRIL 10, 2007 PAGE 2 experience in repairing and stabilizing damaged slopes. Construction began on January 15, 2007 and was completed on February 27, 2007. A specialized firm of KANE Geotech Inc. was selected to perform specialized inspection duties. This firm certified that all work was completed in conformance to plans and specifications. FISCAL IMPACT In Fiscal Year 2006, $465,000 was programmed for Railroad Canyon Road Slope Repair. An amount of $88,000 has been spent on remedial repairs, soil reports and interim roadway protection on Railroad Canyon Road. The final project costs for preparation of engineering plans, construction, contingencies, inspection, administration and conducting soil testing was $301,480. Current FY 2006 budget for this project is $465,000. Adequate funds are available for this project. RECOMMENDATION Staff recommends that the City Council: Authorize the Mayor to execute the Notice of Completion and cause the City Clerk to file the Notice of Completion with the County of Riverside. PREPARED BY: KEN SEUMAL ,DIRECTOR OF PUBLIC WORKS APPROVED FOR AGENDA BY: CITY MAN GER' S FFICE CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: APRIL 10, 2007 SUBJECT: AUTHORIZATION FOR CITY MANAGER TO ENTER INTO CONTRACT WITH MATTHEW FAGAN CONSULTING SERVICES TO PREPARE CEQA COMPLIANCE DOCUMENTS FOR THE PROJECT KNOWN AS "COMMERCIAL DESIGN REVIEW N0.2006-17." BACKGROUND The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for the preparation of the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in-house or have a consultant prepare the documents and studies. The .cost of preparing the environmental analysis is paid for by the project applicant through the application fee process. DISCUSSION The project known as Commercial Design Review No. 2007-17 consists of the development of a 56,000 square foot office building at 1400 Minthorn Street. Due to the technical nature of this proposal, the developer (with staff concurrence) has requested that Matthew Fagan Consulting Services (MFCS) prepare the CEQA documents for the Elsinore Business Park project. The proposed cost of preparing the environmental review is not to exceed $10,350. FISCAL IMPACT The cost of preparing the environmental review will be paid by fees collected from the applicant through the City's cost recovery program. All staff A~EN~A I°tEl~S Nt~._~-, PAGE ~ OF ~ REPORT TO CITY COUNCIL MFCS CONTRACT FOR ELSINORE BUSINESS PARK APRIL 10, 2007 PAGE 2 OF 2 administrative time and consultant costs are paid from the applicant's fees. There is no cost to the City. RECOMMENDATION Staff recommends that the City Council authorize the City Manager to enter into a contract with Matthew Fagan Consulting Services to prepare the CEQA compliance documents for the Commercial Design Review No. 2007-17 project, in an amount not to exceed $10,350. PREPARED BY: TOM WEINER, PLANNING MANAGER APPROVED FOR // ~ AGENDA BY: /~ CITY MANAGER'S OFFICE Attachments: 1. Vicinity Map 2. Matthew Fagan Consulting Services proposal, dated March 22, 2007 AGENDA ITEC~A NO ~..__,.._.. PACE Z- OF Jr VICINITY MAP 1400 MINTHORN STREET CITY COUNCIL AGENDA ITEM N0. PACE~OF_ _ 5 _ Matthew Fagan Consulting Services 42011 Avenida Vista Ladera Temecula, CA 92591 Phone: 951.699.2338 Fax: 951.694.4474 matthewfagan(a~roadrunner.com March 22, 2007 Ms. Wendy Worthy, Principal Environmental Planner City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Dear Ms. Worthy: Per your inquiry, the City of Lake Elsinore has requested Othat I provide a proposal to assist the City of Lake Elsinore in conducting an environmental review for the construction and operation of a 56,000 square foot office building (C 2006-17) on a 5 acre site located on west side of Minthorn Street south of Chaney Street and also known as APN 377-160-008. You also indicated that you anticipate that the project will result in the adoption of a Mitigated Negative Declaration. You requested that Matthew Fagan Consulting Services (MFCS) provide the City with support in preparing environmental documentation that will determine whether the impacts of C 2006-17 will require the adoption of a Negative Declaration or certification of an environmental impact report (EIR). This proposal outlines the work effort that I believe will be necessary to provide sufficient environmental consulting support to achieve the goal of complying with the California Environmental Quality Act (CEQA) for this project. I propose to implement the following tasks to determine the type of environmental determination required for C 2006-17. Task 1: Prepare a project description. MFCS will compile all relevant data regarding C 2006-17. The fee for this task will be $650.00. Task 2: Prepare an Initial Study in conformance with the State CEQA Guidelines that will allow the City to make an independent decision regarding appropriate environmental document for C 2006- 17. Utilizing the project description, MFCS will prepare a detailed Initial Study that will forecast the potential impacts of C 2006-17, including site specific environmental resource issues and determine the appropriate CEQA documentation that will need to be developed. The fee for preparing the Initial Study is $7,000.00. If an EIR should be required, an additional scope and contract will be necessary. Certain technical studies may be required for this project, and the applicant will need to provide certain data for the Initial Study. It is my opinion that the following studies may be required. Any additional studies required will be required to be provided by the project applicant. In addition, I will AGENDA ITEM lyo. PACE L~. OF need the Site Plan, as well as any other applicable plans (i.e., grading plan, landscape plan, etc.) for the completion of this task. 1. General Biological; 2. Cultural Resources Report; 3. Burrowing Owl Survey; 4. Hydrology; 5. Phase 1 Environmental Study; 6. Traffic/Circulation; 7. Air Quality; 8. Soils/Geotechnical; and 9. Preliminary Title Report. Task 3: Assist the City to process the recommended CEQA determination for C 2006-17. Working with the City and applicant, MFCS will support public circulation of the Initial Study for the proposed project; prepare the mitigation monitoring and reporting program; respond to comments; attend any hearings for the proposed project before the City; and prepare the Notice of Determination (NOD). Total budget for completing the Initial Study, including all costs above which can be revised in recognition of already completed reports is his task is inherently open ended, and unlike the previous tasks which I can perform on a fixed fee basis, this task must be performed on a time and materials basis with a not to exceed fee of $2,700.00 If this fee needs to be adjusted because of additional time demands (such as several hearings), such an increase would be mutually agreed upon before expending the time. The end result of implementing the above proposal will be the completion of the CEQA process for the proposed project. All work will be performed in a timely manner to meet identified City schedules. The total estimated fee to complete the tasks outlined in this proposal is $10,350.00. If this proposal is acceptable to you, I am ready to initiate MFCS's work effort immediately upon authorization. This work effort will be scheduled closely with the City's goals for implementing the proposed review of C 2006-17. Should you have any questions regarding this proposal, please feel fee to give me a call. Sincerely, Matthew Fagan 2 AGENDA ITEM N0. PAGE C of _ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: APRIL 10, 2007 SUBJECT: AUTHORIZATION FOR CITY MANAGER TO ENTER INTO CONTRACT WITH RGP, INC. TO PREPARE CEQA COMPLIANCE DOCUMENTS FOR THE PROJECT KNOWN AS "ELSINORE BUSINESS PARK." BACKGROUND The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for the preparation of the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in-house or have a consultant prepare the documents and studies. The cost of preparing the environmental analysis is paid for by the project applicant through the application fee process. DISCUSSION The Elsinore Business Park project consists of the development of two (2) 25,000+ square foot multi-tenant industrial buildings on Industrial Center Way. Due to the technical nature of this proposal, the developer (with staff concurrence) has requested that RGP, Inc. prepare the CEQA documents for the Elsinore Business Park project. The proposed cost of preparing the environmental review is not to exceed $28,800. FISCAL IMPACT The cost of preparing the environmental review will be paid by fees collected from the applicant through the City's cost recovery program. All staff administrative time and consultant costs are paid from the applicant's fees. There is no cost to the City. AGENDA ITEM N0. PAGE ~ OF ~' REPORT TO CITY COUNCIL RGP CONTRACT FOR ELSINORE BUSINESS PARK APRIL 10, 2007 PAGE 2 OF 2 RECOMMENDATION Staff recommends that the City Council authorize the City Manager to enter into a contract with RGP, Inc. to prepare the CEQA compliance documents for the Elsinore Business Park project, in an amount not to exceed $28,800. PREPARED BY: TOM WEINER, PLANNING MANAGER APPROVED FOR AGENDA BY: CITY 1VIANA(rGER'S OFFICE Attachments: 1. Vicinity Map 2. RGP proposal, dated February 21, 2007 AGENDA ITE ~0. PACE OF_~~ DESIGN REVIEW FOR INDUSTRIAL DEVELOPMENT I 2005-04 CITY COUNCIL APRIL 10, 2007 AGENDA ITEM No. _ PACE ~ OF~,_.~ Nw_ ~~ ~~~ i March 26, 2007 Ms. Wendy Worthey Principal Environmental Planner City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92350 RE: Proposal for CEQA (MND) Services for Elsinore Business Park (Application No. 12005-04), Lake Elsinore, CA Dear Ms. Worthey: RGP Planning & Development Services appreciates this opportunity to submit our proposal for CEQA services for the above project. Our proposal is based on our review of the project description and available technical reports, discussions with you regarding the proposed project, our familiarity with the City's CEQA procedures, and our experience with projects of this nature. Client satisfaction is the cornerstone of our business. At RGP, we work as partners with our clients to understand their needs and ensure that our services make a positive contribution. The experience and skill we bring to each assignment guarantees a flexible and efficient work effort. We tailor the approach to meet our client's objectives and to satisfy regulatory requirements. RGP is prepared to immediately proceed with the services outlined in this proposal. Scope of Work Task 1 -MND The City of Lake Elsinore has preliminarily indicated that the appropriate CEQA document for the proposed project is a Mitigated Negative Declaration (MND). MND subtasks include: • Preparation of the screencheck draft initial environmental assessment for the project using the City's initial study format. RGP will prepare and submit the screencheck draft initial study for City review and comment. • Upon receipt of City comments, RGP will prepare the Draft MND fora 30-day public review period. • RGP will prepare the Notice of Completion (NOC), file with the Riverside County Clerk, and mail 15 copies to the State Clearinghouse for agency review. • RGP will prepare responses to any public and/or agency comments on the MND for City review and comment. 8921 Research Drive, Irvine, California 92618, (949) 450-0171, (949) 450-0182 Fax .AGENDA ITEM 0._~® PACE~4F~_ City of Lake Elsinore -Elsinore Business Park CEQA Services Proposal page 2 Upon receipt of City comments on the responses to comments, RGP will make revisions accordingly. Upon City approval of the MND and project, RGP will prepare and mail the Notice of Determination (NOD) to the State Clearinghouse and file with the County Clerk. Preparation of the MND does not include any preparation of technical reports. It is our understanding that technical reports will be supplied by the applicant. We also understand that technical reports have been prepared for hydrology and water quality including a Water Quality Management Plan, Traffic, and Biological Resources. Additional technical reports that are under preparation or are highly recommended are geotechnical concerns, noise, air quality, Phase I ESA, cultural resources, and burrowing oil habitat assessment. RGP will work closely with any subconsultants that have prepared or will prepare these studies. These technical reports will be needed to adequately prepare the Initial Study/MND on behalf of the City. RGP assumes that these reports are adequate. If we identify any inadequacies, we will advise the City and applicant accordingly. RGP will assist the City with any mailings. However, mailing costs are not included in our fees. RGP will attend up to 4 meetings on behalf of the proposed project. Two of these meetings will be the Planning Commission and City Council public hearings. Additional meetings will be attended on a time and materials basis. The MND will be managed by Mike DeVore, Senior Associate. Mr. DeVore has 16 years of experience as an environmental planner. Mike is very familiar with CEQA documentation on behalf of the City of Lake Elsinore. Tentative MND Schedule A tentative schedule for preparation of the MND is as follows: • Notice to Proceed • Preparation/Completion of technical studies • Preparation of screencheck Initial Study • City review of screencheck Initial Study • RGP revisions to screencheck Initial Study • City verification of revisions • Notice of Completion and submittal to SCH for public review • 30-day public review period • Preparation of responses to comments on MND • City review of screencheck responses to comments • RGP revisions to screencheck responses to comments • City verification of revisions • Planning Commission hearing • City Council hearing April 16, 2007 March 26 -April 30 April 16 -May 11 May 14 - 25 May 29 -June 1 June 4-6 June 11 June 11 -July 13 July 16 - 24 July 25 -August 3 August 6 - 8 August 9 - 10 August 21 August 28 or September 4 8921 Research Drive, Irvine, California 92618, (949) 450-0171, (949) 450-0182 Fax AGENDA ITEM~NO. ~" PACE ~ F_~- City of Lake Elsinore -Elsinore Business Park CEQA Services Proposal page 2 RGP will work closely with the applicant and the City of Lake Elsinore to meet any scheduling needs associated with the project. MND Deliverables • Screencheck copies of Initial Study - 5 copies • Draft copies for State Clearinghouse and City - 40 copies • Screencheck copies of responses to comments - 5 copies • Copies of responses to comments for City -10 copies Fees The fee for the preparation of the MND according to the above scope is $28,800.00. We will invoice the City according to the City's procedures. Contractual Arrangement RGP understands that we are under contract with the City of Lake Elsinore. We are prepared to work closely with the City of Elsinore to ensure a scientifically credible and understandable CEQA document that meets the needs of the City. RGP is available to begin work immediately upon receipt of a Notice to Proceed by the City. We are prepared to accommodate any scheduling demands that may affect the approval of this project or the City. Please contact me if you have any questions regarding our firm, our staff, or our proposal. Respectfully submitted, RGP Planning & Development Services <.J• Susan D. Lamoureux Principal Encl: RGP 2007 Billing Policy & Hourly Fee Schedule 8921 Research Drive, Irvine, California 92618, (949) 450-0171, (949) 450-0182 Fax ,AGENDA ITEM ~ICl. ~ __ PAGE ~ ©F~~ ~._ - ]. -.y 1 `~- i 1 ~; -: c s'~@ RGP HOURLY RATES & BILLING POLICY RGP prefers to perform its professional services on an identified budget for an identified scope of work to minimize the chance for misunderstandings and conflict between the client and consultant. It is the policy of the firm to calculate its fee estimate based on the following hourly billing rates: Principal I $ 165.00/hour Principal II $ 145.00/hour Senior Associate $ 125.00/hour Associate $ 105.00/hour Professional Staff $ 90.00/hour Professional Support $ 80.00/hour Staff $ 70.00/hour Staff Support $ 50.00/hour At Client's express request, RGP will provide any and all of the following additional services: 1. Make revisions to graphics and text previously prepared by RGP where such requested revisions are clearly inconsistent with prior Client's approval or due to substantial changes in the lead agency or Client instructions will be billed at the hourly rates identified herein. 2. Prints or document printing will be billed directly to Client by the print company at no additional RGP administrative cost, or billed by RGP at cost plus fifteen percent (15%). All other reimbursable expenditures will be invoiced at cost plus fifteen percent (15%) handling fee. Mileage will be billed at forty-five cents ($0.45) per mile. 3. RGP will provide Client with monthly invoices for services rendered and costs advanced. Each invoice shall be due and payable upon receipt, and delinquent thirty (30) days after its date. 4. In light of the obvious advantage of quickly resolving questions and disputes regarding RGP's billing while recollections are fresh, Client will notify RGP of questions or dissatisfaction it may have regarding any particular RGP invoice within fifteen (15) days of the invoice date. Invoice shall be deemed accepted if notification from the Client is not received by RGP within the 15-day period. 5. RGP may, at its sole discretion, stop work on Client's project should invoices not be paid within sixty (60) days of the oldest invoice date. 6. Because of the importance of a good working relationship between Client and RGP, either party may terminate an Agreement by giving written notice to the other, provided only that such notice is given in good faith belief that the working relationship is less than satisfactory. In the event that this Agreement is for any reason terminated, then Client shall compensate RGP for whatever professional time and reimbursable expenses RGP has devoted to the project up to the time of the termination or must necessarily devote to the project thereafter due to governmental requirements or otherwise. 7. RGP will maintain general liability insurance, automobile insurance, worker compensation insurance and professional liability insurance to the benefit of the client during the entire life of any given contract. Costs for protection to the benefit of the client above that normally required and provided will be passed on to the client as a job cost extra. RGP Initials /Date Client Initials /Date Updated 1/07 AGENDA ITEM NO~.~_ pAGE~_®F~_ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: APRIL 10, 2007 SUBJECT: AUTHORIZATION FOR CITY MANAGER TO ENTER INTO CONTRACT WITH ESA COMMUNITY DEVELOPMENT TO PREPARE CEQA COMPLIANCE DOCUMENTS FOR THE PROJECT KNOWN AS "CAPE OF GOOD HOPE." BACKGROUND The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for the preparation of the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in-house or have a consultant prepare the documents and studies. The cost of preparing the environmental analysis is paid for by the project applicant through the application fee process. DISCUSSION The Cape of Good Hope project is located northeast of Lakeshore Drive and west of Terra Cotta Road and consists of approximately 54 residential lots. Due to the technical nature of this project, the developer (with staff concurrence) has requested that ESA Community Development prepare the CEQA documents for the Cape of Good Hope residential project. The proposed cost of preparing the environmental review is not to exceed $101,200. FISCAL IMPACT The cost of preparing the environmental review will be paid by fees collected from the applicant through the City's cost recovery program. All staff administrative time and consultant costs are paid from the applicant's fees. There is no cost to the City. AGENDA ITEM N0. p.T-- REPORT TO CITY COUNCIL ESA CONTRACT FOR CAPE OF GOOD HOPE APRIL 10, 2007 PAGE 2 OF 2 RECOMMENDATION Staff recommends that the City Council authorize the City Manager to enter into a contract with ESA Community Development. to prepare the CEQA compliance documents for the Cape of Good Hope project, in an amount not to exceed $101,200. PREPARED BY: TOM WEINER, PLANNING MANAGER APPROVED FOR AGENDA BY: CITY MANAGES OFFICE Attachments: 1. Vicinity Map 2. ESA Proposal, dated March 12, 2007 AGENDA ITEM N0. PACE~QF VICINITY MAP CAPE OF GOOD HOPE SPECIFIC PLAN ail ASPEN_ CSR MOUNTAIN ST IVY CT H - v~ -~ DATE~CT Q 1 PROJECT SITE I CITY COUNCIL 1~lGENDA IT 3N0 _ ~° `~ PAGE,_^ OF (l~ APPUE 6~ps~ ~N/ ~~ ~~ ~{ Community 707 Wilshire Boulevard www.esassoc.cori J1, ~ Development Suite 1450 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax March 12, 2007 Ms. Wendy Worthey Principal Environmental Planner City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Subject: Revised Proposal for Cape of Good Hope Residential Project Dear Wendy: ESA is pleased at the opportunity to offer our services and expertise to the City of Lake Elsinore for the Cape of Good Hope project. We fully understand the City's requirements for competent and responsive consultant support for this project. We feel that ESA would be the best choice to complete the California Environmental Quality Act (CEQA) documentation and the City's requirements for objective and unbiased environmental analysis. The project site is located within the northernmost boundary of the City limits, just northeast of Lakeshore Drive and west of Terra Cotta. Regional access to the site is currently provided by Interstate 15 (I-15). The primary access to the site will be from Lakeshore Boulevard via Mountain Way on the west end of the project site, with secondary access from the extension of Cherry Blossom on the western portion of the site via Terra Cotta Road. The proposed project includes 49 residential lots on approximately 40 acres of sloping hillsides. The project was previously approved for 67 residential lots in 1992; however, those approvals have since expired. We understand that an expanded Initial Study and technical reports will be required to explore potential impacts and presumably to form the basis of a Mitigated Negative Declaration (MND). Technical reports that are required for the project would include the following: visual simulations (aesthetics), air quality, biological resources, cultural resources (update), geophysical resources, hazardous materials assessment, hydrology/drainage and water quality (conceptual Water Quality Management Plan), noise, and transportation/ circulation. ESA will be responsible for preparing the following technical studies: visual simulations, air quality, cultural resources (update), noise, hazards (Phase I), and transportation/circulation either directly or through a subconsultant. ESA will use Visionscape Imagery for the visual simulations, Katz Okitsu & Associates (KOA) will prepare the traffic analysis, and Earth Tech will prepare the Phase I Environmental Site Assessment. The geophysical resource report to be used in the Initial Study will be the same that was used in the previous environmental analysis and is anticipated to be provided by the City. Other technical reports including all land planning and civil engineering studies, hydrology, water quality, and grading plans are anticipated to be provided by the applicant. The following outlines ESA's proposed scope of work and associated costs to prepare an Initial Study for the proposed project. AGENDA ITEM NO _,~_„s `~~ Community ~ ~. ~ _ .Development Wendy Worthey March 12, 2007 Page 2 Scope of Work This scope of work has been developed based upon CEQA statute and guideline requirements and assumes that all project engineering, architectural, and land planning will be completed by others. The scope of work also assumes thak all technical reports provided to ESA are adequate. Task 1 -Project Management/Coordination Project management/coordination and attendance at meetings will occur under this task. We anticipate approximately eight hours per month for project management/coordination for the duration of the project (10 months). We have also included costs for three (3) meetings with City staff and the project team, and attendance at one Planning Commission hearing and one City Council hearing (total of five (5) meetings). In addition, we can be prepared to attend additional community meetings, if required and we will work with the City to adjust the work program budget as necessary. Task 2 -Draft Initial Study / MND ESA will prepare an Administrative Draft Initial Study/MND for submittal to the City and applicant for review. This will be based on the most recent CEQA Guidelines (Appendix G). The Initial Study will include the following: • Project Description: The project description will be based on existing information and include the project location and setting, site characteristics, project objectives and the characteristics of the project. This section will also include the requested permits and approvals for the proposed project. • Initial Study Checklist (per the CEQA Guidelines): - Aesthetics: open space views of the hillside project site will be modified by the project. The consistency of the proposed project with visual quality and design policies and guidelines of the City's General Plan will be discussed. ESA's subconsultant (Visionscape Imagery) will prepare visual simulations (see Task 4). The project will also be evaluated for potential light and glare impacts on nearby uses. - Agricultural Resources: per the previous environmental documentation, no agricultural resources are located on the project site. - Air Quality: the proposed project could result temporary and long-term emissions of criteria pollutants due to construction activities and vehicle trips associated with the proposed project. The Initial Study will include analysis of construction and operations criteria air pollutant emissions using South Coast Air Quality Management District (SCAQMD) criteria (see Task 4). - Biological Resources: portions of the project site may be located within one or more criteria cells per the Western Riverside County's Multiple Species Habitat Conservation Plan (MSHCP). This section AGENDA ITEM NO _~~_____ -``~~ pACE, S OF ~ ~'1 , '+ ~ Community ~~~._ .Development .;:~ Wendy Worthey March 12, 2007 Page 3 of the Initial Study will be based on biological reports provided by the applicant's consultant (Thomas Leslie Corporation). - Cultural Resources: the previous environmental document indicated that no cultural resources were observed on-site (May 1990). However, the Initial Study will include an updated cultural resources study (see Task 4). Geology and Soils: the project site could be subject to seismic hazards (Willard Fault is located 1.6 miles southwest and the Temescal Fault is located 1.5 miles northwest of the site). Elevations on the site vary from 1,420 to 1,720 feet with a maximum relief of 300 feet and therefore residential units could be located on a geologic unit that is unstable or result in erosion or loss of topsoil. In addition, boulder roll-out or rockfall is a potential hazard. This section will be based on the geotechnical report prepared for the previous environmental analysis and provided by the City. Hazards and Hazardous Materials: the Initial Study will describe the potential hazardous materials impacts based on Phase I Environmental Site Assessment to be completed by Earth Tech. Hydrology and Water Quality: the Initial Study will describe the change of on-site drainage and potential increases in inundation, sedimentation, and/or damage from water to downstream areas. This analysis will be based on hydrology report and conceptual Water Quality Management Plan to be provided by the applicant. Land Use and Planning: the General Plan Land Use designation for the site is LMD; the Initial Study will describe the adjacent land uses and address compatibility of the proposed use with adjacent uses. The project's consistency with the General Plan will be analyzed. - Mineral Resources: no known mineral resources or locally-important mineral resources are located on the project site. - Noise: the proposed project will generate noise associated with construction activities and operational activities due to an increase in local traffic. The Initial Study will include analysis of potential noise impacts (see Task 4). - Population and Housing: the proposed project is anticipated to generate approximately 123 new residents (based on a generation factor of 2.5 new residents per household); the project would not displace any existing housing. - Public Services: the additional population generated by the proposed project will potentially impact public services in the City. Service letters will be sent out to service providers to determine the impact of the proposed project on fire and police protection and schools. AGENDA iTENI N0._ `~ pAGE ~ , OF ~ ~1 Community i.L .Development Wendy Worthey March 12, 2007 Page 4 Recreation: the project would place additional demands on recreational facilities; however, the payment of in-lieu park fees, impacts are anticipated to be less than significant. Transportation/Traffic: the Initial Study will address the potential impacts on traffic and circulation in the project area based on an updated study to be prepared by ESA's subconsultant (KOA) (see Task 4). - Utilities and Service Systems: the additional population generated by the proposed project will potentially impact utilities and service systems in the City. Service letters will be sent out to service providers to determine the impact of the proposed project regarding wastewater generation, water consumption, and solid waste generation. - Mandatory Findings of Significance: based on the previous environmental documentation, it is anticipated that all potentially significant impacts associated with the proposed project will be mitigated to less than significant. • References/Resources: supporting information sources and resource documents used in the preparation of the Initial Study will be included per 15063 (d)(3) of the CEQA Guidelines. Upon receipt of comments on the Administrative Draft Initial Study/MND, ESA will prepare a Draft Initial Study/MND for submittal to the City and applicant. ESA will prepare copies and assist the City in distribution of the document to the required agencies and organizations. Document production assumption - 60 copies Task 3 -Final Initial Study At the conclusion of the public review period, ESA will work with City to obtain all comments received on the Draft Initial Study/MND. An Administrative Final Initial Study/MND containing proposed responses to comments and revisions will be prepared once all comments are received. It is assumed that if required, the applicants' technical consultants will provide any necessary input. It is difficult to predict public reaction at this time. For the purposes of this proposal, it is assumed that public reaction to the document will be minimal and that a maximum of five comment letters will be received on the Initial Study/MND. In the event that the public comments are greater than expected, ESA will meet with the City to adjust the work program/budget as necessary. An Administrative Final Initial Study/MND will be submitted to the City and applicant for review. Upon incorporation of comments on the Administrative Final Initial Study/MND, ESA will prepare a Final Initial Study/MND for submittal to the City and applicant. ESA assumes that comments on the Administrative Final AGENDA ITEM NO _~_, PAGE ~ OF~~1 ~ Community ~~~.. Development Wendy Worthey March 12, 2007 Page 5 Initial Study/MND will be minimal. ESA will prepare copies and assist the City in distribution of the document to the required agencies and organizations. Document production assumption - 60 copies Task 4 -Technical Studies The following technical reports will need to be completed for inclusion into the Initial Study /MND: visual simulations (aesthetics), air quality, biological resources, cultural resources (update), geophysical resources, hazardous materials assessment, hydrology /drainage and water quality (conceptual Water Quality Management Plan), noise, and transportation /circulation. ESA will be responsible for preparing the following technical studies: visual simulations, air quality, cultural resources (update), noise and transportation /circulation either directly or through a subconsultant. Visual Simulations Proposed construction of the project would result in a visual change to the area. ESA's subconsultant, Visionscape Imagery, will provide visual simulations for the proposed project. Tasks for this analysis include: Preparation of two view simulations. This will include the modeling of the natural and finished pad elevations and will be based on Visionscape's library of architecture and a basic landscape concept to scale. Air Quality Site preparation and construction activities could generate substantial, although temporary, emissions of particulates and other criteria air pollutants that exceed significance thresholds in the short-term. Vehicle trips associated with the project may result in project emissions that exceed SCAQMD thresholds of significance. These new emissions, added to existing sources of air pollution and cumulative development planned for the area, could contribute to the degraded air quality within the Air Basin. This analysis will be based on information provided by the applicant regarding construction schedule and the traffic report. The traffic report will be critical to completion of the air quality report. In order to meet the proposed schedule for the project, we will prepare the setting section and analysis of construction-related impacts prior to receipt of the traffic report. This will reduce the time required to complete the air quality analysis to about a week. Tasks for this technical report include: Briefly review local and regional climate, meteorology, and topography as they affect the accumulation or dispersal of air pollutants. Identify federal, state, and local regulatory agencies responsible for air quality management, and briefly summarize pertinent federal, state, and local air quality policies, regulations and standards as they pertain to the proposed project site. Summarize current air quality conditions and recent trends (last three years) in the project area on the AGENDA ITEM No.__s ~__~ -- .~ PAGE,~~OF I, ~f ~-~,_ Community ~~.i~_ .Development j Wendy Worthey March 12, 2007 Page 6 basis of the annual air quality monitoring data summaries published by the Air Resources Board (ARB). • Discuss SCAQMD projections of future air quality trends over the life of the project as presented in the most recent Air Quality Management Plan (AQMP), and the assumptions upon which the projections are based. Identify any policies or goals embodied in the AQMP that would apply to the proposed project site. • Identify air pollutant-sensitive land uses or activities in the vicinity of the project site or along roads providing access to the project site. • Describe the SCAQMD air quality impact significance thresholds for new developments. • Discuss, at an appropriate level of detail, the potential for short-term emissions of criteria air pollutants (those for which the U.S. Environmental Protection Agency has established ambient air quality standards) generated by construction activities. • Use URBEMIS air quality model to prepare a daily inventory of criteria air pollutant emissions for the proposed project. • Discuss the potential for air pollutant emissions from development in the project area to adversely affect sensitive land uses or activities, or to impede attainment of state or federal air quality goals. • Discuss conformance of the project with the AQMP, and determine whether identified air quality impacts would meet any SCAQMD thresholds of significance. • Identify cumulative development in the area (i.e., development that has been approved or is in-process) and discuss the potential for cumulative development to adversely affect air quality or impede attainment of air quality goals. • Identify practical, feasible and clear measures to mitigate the adverse impacts of the project on air quality that are identified in the analysis. Mitigation measures will be developed in consultation with the City as appropriate. Cultural Resources The previous environmental document indicated that no cultural resources were observed on-site (May 1990). However, ESA will update the information including completing a review of archaeological literature maintained by the Eastern Information Center at University California at Riverside. In addition, an examination will be completed of historic maps, the National Register of Historic Places, the California State Historic Resources Inventory, and the listing of California Historical Landmarks. Hazardous Materials The previous environmental document indicated that there was a former working oil well on the project site that would need to be removed or capped. No other issues related to hazards was included in the previous study. The Phase I for the project will be completed in a manner consistent with ASTM Standard Practices. Tasks include: AGENDA ITEM NO..,,,,_.~~ ____- PACE ~ OF ~ ~ ~ ~ ~~ Community . ~,~ ~- Development Wendy Worthey March 12, 2007 Page 7 • Observation of accessible portions of the site and adjacent parcels that are visible from the project site and public roads for over causes for concern. • Identify hazardous substances used, generated and/or released on the site. • Interview occupants and/or representatives of the owner who is familiar with the history and uses of the site. • Identify suppliers of water, fuels, electricity, and sewerage disposal and any on-site source of water or waste disposal. • Review property records; aerial photographs, maps, etc. to identify relevant information and compare to existing conditions. • Obtain from EDR a computer search of existing public record environmental databases. Noise Noise generated by construction activities within the site and operational noise from new development would increase noise levels as a result of an increase in local traffic and operational activities. This analysis will be based on the traffic report. The traffic report will be critical to completion of the noise report. In order to meet the proposed schedule for the project, we will prepare the setting section, take noise measurements, and complete analysis of construction- related impacts prior to receipt of the traffic report. This will reduce the time required to complete the noise analysis to about a week. Tasks include: • Briefly describe and discuss existing major noise sources at the project site, particularly the noise from adjacent roadways. Describe the existing noise environment on the basis of up to four short-term measurements carried out by ESA staff. • Briefly summarize state and local noise policies, regulations, and standards as they pertain to the proposed project. • Identify noise-sensitive land uses or activities in the vicinity of the project site, and along roads providing access to the project site, that would be affected by development of the proposed project. • Discuss the potential for on-site construction activities to affect nearby residences and other sensitive receptors. This discussion will be based upon proposed construction activities and scheduling information provided by the applicant. Otherwise, this discussion will be based upon peak noise levels generated by an assumed standard mix of construction equipment and activities. • Using the Federal Highway Administration's Highway Traffic Noise Prediction Model (FHWA-RD-77- AGENDA ITEM N0. PACE ~ U Oi~ (~L,~ ~ ~ ~ Community ~~ ~ `'~ Development Wendy Worthey March 12, 2007 Page 8 108), ESA will calculate existing, future base case (i.e., without the project), future project case (i.e., with the project), roadside noise levels along road segments that would be affected by motor vehicle traffic generated by the project, to determine whether project vehicular traffic would adversely affect adjacent land uses. • Identify cumulative development in the project area (i.e., development that is under formal consideration or has been approved, and discuss the potential for cumulative development to adversely affect noise- sensitive land uses. Identify practical, feasible and clear measures to mitigate the adverse impacts of the project on noise. Mitigation measures will be developed in consultation with the lead agency and responsible agencies as appropriate. Transportation/Circulation Increased traffic associated with the development of the proposed project could result in impacts to area intersections. Based on an initial assessment the number of peak hour trips for the project would be 49 (PM peak); less than the County of Riverside threshold for a full traffic study. ESA's subconsultant, KOA, will contact the City and if required the County to make a determination that no formal traffic study is required. If the City and County agrees that the project is exempt, ESA's subconsultant, KOA, will provide the following tasks: • Initial assessment and technical memorandum summarizing the traffic assessment; including recommendations regarding project access and participation in area traffic mitigation measures as required. We have also included scope and costs in case a formal traffic study is required by the City and County. These tasks include: • Quantitatively assess weekday project impacts for the weekday AM and PM peak periods at up to four intersections. Weekday AM and PM peak hour traffic counts will be performed at those intersections. The intersections will be selected as part of the formal scoping process in consultation with the reviewing agencies. • Research information pertaining to approved projects and projects pending approval in the study area from the City/County and any other affected agencies. • Perform fieldwork to survey the study area and intersections. The field inventory will include roadway cross-section, intersection geometry, signal operations and surrounding land uses. The status of the related projects in the study area will also be checked in the field. • Compute the daily and peak hour trips that will be generated from each of the related projects based on the Institute of Transportation Engineers Trip Generation Manual, Seventh Edition when possible. A AGENDA ITEM N0. PACE- /I,~OF ~ ~ ~~~- ~ `+ Community ~~ Development Wendy Worthey March 12, 2007 Page 9 comprehensive trip generation list will be compiled for the cumulative projects that impact study intersections. • Calculate daily and peak hour trips for the Project based on the Institute of Transportation Engineers Trip Generation Manual, Seventh Edition and previous trip generation experience. No new trip generation studies will be conducted as part of this study. Katz, Okitsu & Associates will summarize the traffic data collection, traffic forecasts and traffic analysis for review by the client. The traffic analysis will follow the guidelines of the County of Riverside. Peak hour and daily traffic will be evaluated at the study intersections for each of the following traffic scenarios: - Existing Conditions - Existing + Ambient + Proj ect Conditions -Opening Date - Existing + Ambient + Project Conditions + Cumulative -Opening Date The TRAFFIX software will be used by KOA to perform the analysis for the surface street network. KOA will not perform any regional traffic modeling for this project. • Any significant impact of the project at the study intersections will have to be mitigated to a level of insignificance, as defined by the City/County. In cases where capacity increases are possible, KOA will analyze those sites that can be mitigated to a satisfactory level of service. V/C ratios and LOS will be calculated for the mitigated intersections. If necessary, "fair share" calculations will be performed for proposed mitigation measures. • Assess the adequacy of the proposed driveways and the project's on-site parking supply. Other Technical Reports The geophysical resource report that will be used in the Initial Study will be the same as was used for the previous environmental documentation (1992) and will be provided by the City. Other technical reports including all land planning and civil engineering studies, hydrology, water quality, and grading plans are anticipated to be provided by the applicant. Schedule The Administrative Draft Initial Study / MND can be completed within four weeks of receipt of all technical studies, if the City, applicant, and ESA are confident that no substantial changes to technical studies would occur. The following schedule (Table 1) supports achievement of the major milestones of the project, and the certification of the environmental documentation. AGENDA ITEM NO.~ PACE ~ ~ OF~~ °" ~~,,~~ Community i..` Development Wendy Worthey March 12, 2007 Page 10 TABLE 1 SCHEDULE -CAPE OF GOOD HOPE PROJECT TASK DURATION Task 1 -Project Management/Coordination Ongoing Task 2 -Draft Initial Study/MND Prepare Administrative Draft Initial Study/MND 4 weeks e City/Project Team Review 2 weeks' Prepare Draft Initial Study/MND 1 week Draft Initial Study/MND Review Period 30 days Task 3 -Final Initial Study/MND Prepare Administrative Final Initial Study/MND 2 weeks e'° City/Project Team Review 1 weeks ° Prepare Final Initial Study/MND 1 week Submit Final Initial Study/MND For Certification 1 day Task 4 -Technical Reports Visual Simulations 6 weeks Air Quality 3 weeks ° Cultural Resources 3 weeks Hazards 4 weeks Noise 3 weeks' Traffic Study 6 weeks ° This preparation period is dependent on receipt of all documents and electronic information. Preparation of the document may overlap with other tasks and sections will be submitted prior to completion of entire document, in order to meet schedule requirements. ° This review period is just an estimate, dependent on City schedule. ` Assumes that technical report authors will provide responses to comments on respective technical issues within one week. ° Technical reports will be completed within about a week of receipt of traffic report. Cost Estimate The following cost estimate (Table 2) has been prepared to outline estimated costs to complete the above outlined tasks. Reimbursable expenses, including travel/parking, etc. will be invoiced in accordance with ESA standard rate schedule. TABLE 2 COST ESTIMATE -CAPE OF GOOD HOPE PROJECT TASK COST _. Task 1 -Project ManagemenUCoordination/Meetings/Public Hearings $15,000 Task 2 -Draft Initial Study/MND a 30,000 Task 3 -Final Initial Study/MND a 10,000 Task 4 -Technical Reports Visual Simulations 8,000 Air Quality 7,000 AGENDA ITEM N0. 1~ACE (3 - 4F ~ ~/ -~' ~;;± , Community ~ '. ~ ~': .Development Wendy Worthey March 12, 2007 Page 11 Cultural Resources 3,000 Hazards 5,500 Noise 8,000 Traffic Study Initial Assessment/Technical Memorandum 2,500 Formal Traffic Study 9,200 Reimbursable Expenses (in-house copying, mileage, postage, etc.) a 3.000 Total $101,200 e Document reproduction costs are variable, but can be reduced if copies of all documents are provided by the applicants reproduction supplier which eliminates ESA's standard mark up on printing expenses _._ _. __ Our services will be billed monthly on atime-and-materials basis. Should the need arise for additional professional services beyond those set forth in the scope of services due to revisions to the project, the regulatory environment, requirements exceeding our specified budget allowances, ESA will only undertake such additional services upon receipt of authorization by the City of Lake Elsinore. The above outlined scope of work and cost estimate are based on information provided by the City of Lake Elsinore, the applicant, and CEQA compliance requirements. Please review the enclosed scope of work and if acceptable, authorize below and return to ESA. We look forward to providing professional environmental consulting services to the City of Lake Elsinore. Sincerely, Eric J, Ruby Vice President/Regional Director ~~~~-'' Deanna Hansen Director, Community Development AGENDA ITEM N0. `~ PACE ~ OF_ I, `~1 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: APRIL 10, 2007 SUBJECT: AUTHORIZATION FOR CITY MANAGER TO ENTER INTO CONTRACT WITH HDR, INC. TO PREPARE CEQA COMPLIANCE DOCUMENTS FOR THE PROJECT KNOWN AS "FAIRWAY BUSINESS PARK." BACKGROUND The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for the preparation of the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in-house or have a consultant prepare the documents and studies. The cost of preparing the environmental analysis is paid for by the project applicant through the application fee process. DISCUSSION The Fairway Business Park project consists of the development of showroom and industrial buildings on 17.7 acres of land in the vicinity of Chaney Street and Pasadena Street. Due to the technical nature of this proposal, the developer (with staff concurrence) has requested HDR, Inc. prepare the CEQA documents for the Fairway Business Park project. The proposed cost of preparing the environmental review is not to exceed $59,100. FISCAL IMPACT The cost of preparing the environmental review will be paid by fees collected from the applicant through the City's cost recovery program. All staff AGENDA ITEM N0. PAGE ~ OF ~ REPORT TO CITY COUNCIL HDR CONTRACT FOR FAIRWAY BUSINESS PARK APRIL 10, 2007 PAGE 2 OF 2 administrative time and consultant costs are paid from the applicant's fees. There is no cost to the City. RECOMMENDATION Staff recommends that the City Council authorize the City Manager to enter into a contract with HDR, Inc. to prepare the CEQA compliance documents for the Fairway Business Park project, in an amount not to exceed $59,100. PREPARED BY: TOM WEINER, PLANNING MANAGER APPROVED FOR AGENDA BY: CITY MANAGER'S OFFICE Attachment: 1. Vicinity Map 2. HDR proposal, dated February 21, 2007 AGENDA ITEM NO PAGE ~- - OF ~ VICINITY MAP FAIRWAY BUSINESS PARK ~~ 's A9 s,~ ~o ~s~ 2i~,~~y 0 ~~~ Otis PROJECT SITE \~c, ~ J~ ~P ,~ OAP ~~~ ~~ 5~ ~~ q~~~~s cFq~~ ti,~~~ G~ ~VF ,~ ~~ ,PJ~ ~~J~~ 5 ti ~ OG~ ~ ``9L ~ G~ ~ ~~~NT ~` ,~' ST CITY COUNCIL AGENDA ITEM NO.~,____,~ ``° PAGE OF ~ ~ February 21, 2007 Ms. Wendy Worthey, Principal Environmental Planner City of Lake Elsinore Planning Division 130 South Main Street Lake Elsinore, CA 92530 RE: Proposal for Preparation of California Environmental Quality Act (CEQA) Compliance Documentation Services -Initial Study/ Mitigated Negative Declaration for Fairway Business Park Fairway Commercial Partners- City of Lake Elsinore Dear Ms. Worthey: Selecting HDR to prepare the Fairway Business Park Initial Study/ Mitigated Negative Declaration (IS/MND) will provide the City of Lake Elsinore with a legally defensible document that addresses all issues in an objective, fair manner. HDR will provide the City with the following benefits: • A team that is very experienced with City of Lake Elsinore procedures and policies, thereby allowing us to anticipate your needs and follow City procedures without extensive effort and training on your part. • A team that is familiar with the project vicinity and area community groups, facilitating comprehensive, accurate analysis. • Experienced staff that will get it done right the first time! Melyssa Sheeran will serve as Project Manager for this assignment and will be responsible for leading the project team as well as providing oversight for preparation and delivery of work products. She is a responsive, results-oriented project manager who will serve as the day-to-day contact with the City to ensure smooth processing of the IS/N1ND. Betty Dehoney will serve as Principal-in-Charge providing QA/QC for HDR work products and leading overall project strategy. Betty has over 25 years experience in all phases of environmental documentation and permitting. The HDR CEQA documentation team has completed numerous successful commercial projects within the City including: Annexation No. 77, Home Depot, Costco, Wal-Mart, Target and Lowes. HDR has also prepared environmental documents for residential developments including Tuscany Hills, Waterbury (East Lake Specific Plan Amendment No. 8) and the Tessera Condominiums. We possess knowledge of City procedures and processes, as well as knowledge of the project area, therefore resulting in a faster environmental review process for the City. Both Betty and Melyssa will be available for scoping meetings, workshops and public hearings. Pursuant to your request, the attached scope of work and cost proposal outlines the CEQA documentation requirements for the preparation of an Initial Study for the Fairway Business Park project. 8690 Balboa Avenue 858-712-8400 HDR Engineering,lnc. Suite 200 858-712-8333 (fax) San Diego, CA 92123 AGENDA 1~NO ~_ , PACE! OF 1 -7 Ms. Wendy Worthey City of Lake Elsinore February 21, 2007 Page Two Please review the attached scope of work/fee proposal and contact the undersigned should you have any questions or require further information or clarification. HDR is prepared to begin work immediately on the CEQA documentation effort upon receipt of notice to proceed from the City of Lake Elsinore. Please contact Melyssa Sheeran at 858.712.8349 if you have any questions or comments. Sincerely, Betty Dehoney Melyssa Sheeran E&RM Program Manager Project Manager Attachments: Scope of Work /Cost Proposal Hourly Rate Schedule General Terms and Conditions HDR Engineering, Inc. AGENDA ITEPot N(~ _~ PACE~OF f, ~ Scope of Work February 21, 2007 Initial Study and Mitigated Negative Declaration - Fairway Business Park Fairway Commercial Partners City of Lake Elsinore, California This scope of work for preparation and processing of an Initial Study/ Mitigated Negative Declaration (IS/MND) has been developed based upon information provided by the City of Lake Elsinore, Planning Division and Fairway Commercial Partners (Applicant). A determination on the appropriate type of CEQA document will be made upon completion of the IS. Because HDR does not anticipate unavoidable adverse impacts resulting from the proposed project, a Mitigated Negative Declaration (MND) is expected to be recommended as the next appropriate CEQA document. However, if the IS concludes that there are potentially significant impacts, for which mitigation cannot be identified, an Environmental Impact Report (EIR). HDR will provide a revised scope and fee if an EIR is required. Project Understanding It is our understanding that Fairway Commercial Partners (Applicant) has submitted a request to the City of Lake Elsinore, Planning Division, for approval to begin construction of an approximate 18-acre business park development (proposed project) in the City. Based upon preliminary discussions with the City, it appears that an IS/MND will likely be the appropriate type of CEQA documentation for the proposed project. This IS/MND will be prepared in accordance with CEQA and the CEQA Guidelines. The technical reports listed below, which are currently being prepared by the Applicant, will, following review by HDR, provide the basis of the conclusions reached in the IS. If it is found through the IS process that environmental impacts resulting from the proposed project can not be mitigated to a "less than significant" level, the CEQA document will be elevated to an EIR. Further, if necessary, this contract would be amended to cover the costs of an EIR. HDR also understands that time is of the essence and that the Applicant has an aggressive CEQA document preparation and processing schedule. For cost estimating purposes, it is assumed that the following documentation and supporting information will be prepared on behalf of the Applicant, and provided to HDR for review of adequacy, HDR will use these reports in preparing the IS/MND (as appropriate, need hardcopy and electronic files for each): Project Description -All project features, including but not limited to the following: o Site Access, both temporary (construction) and permanent, o Lighting Plan (where, type, wattage, etc.), o If import/export of earth material, where from/to? How much of each? o Retaining walls, o Signage, and o Construction schedule. (~y AGENDA ITEM N0. ~-"" ~~ PAGE~_OF I ~ ~~ 1 February 21, 2007 • Assessor Parcel Numbers for the project site; • Site Plan (.shp files, if possible; if not then AutoCAD); • Entitlement Documentation/Applications (as required by the City); • Architectural Elevations and Artist Renderings; • Grading Plan (AutoCAD); • Utilities (wet/dry) Plan (AutoCAD), connections, corridors, etc; • Landscape Plan (AutoCAD) designed using specific City guidelines; • Site Photographs; • Fire Flow Analysis; • Biological Resources Technical Study; • Geotechnical Feasibility Investigation; • Phase I Environmental Site Assessment; • Preliminary Hydrology Report and Water Quality Management Plan (WQMP); and, • Traffic Analysis. To meet the accelerated schedule, HDR would need all of the above information (as applicable) at the Notice to Proceed. This scope assumes that the technical consultants will provide copies of their studies to the City for review and approval. Task 1-Project Initiation All project initiation and coordination activities will occur under this task including an allowance for a total of up to 24 hours (Project Manager) of meetings related to the proposed project. This task includes the following: • Coordination with the City and Applicant to gather all necessary data and information; • Development of appropriate level of detail and format for the document; • Discussion with regulatory agencies, as appropriate, to identify their approach to resource protection in this area; and, • Identification of additional data needs' • One kick-off meeting, one Planning Commission public hearing; and, one City Council public hearing. HDR will attend any additional required meetings beyond this allowance, if requested, and will invoice in accordance with the fee schedules in effect at that time, following receipt of written authorization to proceed. Task 2 -Cultural Resources Study Under this task, HDR's subconsultant, ASM Affiliates, will prepare a cultural resources study. ASM will conduct a cultural resource survey of the Project to assess the presence or absence of potentially significant prehistoric and historic sites in accordance with City CEQA guidelines. This study will consist of a review of literature and site records on file with the Eastern Information Center (EIC) at UC Riverside, followed by an intensive survey of the entire project property. A sacred lands records search also will be undertaken with the California Native American Heritage Commission (NAHC). NAHC will provide a list of recommended tribes to contact. ' Although not anticipated, HDR is aware that changed site conditions or regulations occasionally result in the need to amend the contract scope and costs. HDR would coordinate any additional needs with both the City and Applicant for approval. ~~ 2 February 21, 2007 AGENDA ITEM NOD. PAGE~,_,,,,OF I ~ All existing and newly identified prehistoric and historic archaeological sites, features and isolates identified during the survey will be appropriately mapped, documented and recorded with the EIC for assignment of permanent trinomials. If potentially significant sites are identified, evaluation may be necessary and the scope of any such work will be discussed with you prior to report preparation. Upon completion of the survey, and if necessary evaluation, a draft technical report will be prepared for submittal and review. This report will consist of a description of the project's natural and cultural setting, study methods, results, potential impacts, and mitigation recommendations. Following review and comment, ASM will prepare the final technical report for incorporation into the EIR. Task 3 -Noise Impact Report HDR's subconsultant, Investigative Sciences and Engineering (ISE) will prepare an acoustical assessment for the project. The ambient noise level will be quantified based on short-term sound level measurements taken at up to four location onsite. Exterior noise levels along major roadway segments servicing the area will be calculated. All noise levels will be presented in terms of Community Noise Equivalence Level (or CNEL) contours. Impacts to adjacent land uses will be quantified based upon standards established by the City General Plan Noise Element. Should noise-attenuation devices be required to mitigate exterior noise levels, the will be designed to meet the City's General Plan and Circulation Element. Task 4 -Air Quality Report HDR's subconsultant, Investigative Sciences and Engineering (ISE) will prepare an air quality assessment for the project. The report will include an assessment of existing site levels, and assessment. of construction and operational emissions, and identification of mitigation measures. Task 5 -Initial Study/ Mitigated Negative Declaration Preparation The Draft IS checklist will be prepared pursuant to Section 15060-15065 of the CEQA Guidelines, and City of Lake Elsinore CEQA implementing procedures and requirements. Preparation of the IS will be based on existing available public information to the maximum extent practical. In addition, technical studies, prepared by Applicant-retained consultants, will be referenced in the IS. The IS will (1) describe the proposed project and any related offsite infrastructure improvements, (2) document the environmental conditions on the project site for a variety of factors outlined below, (3) determine the level of impact to onsite environmental resources, if any, and (4) make the CEQA mandated findings. As stated above, it currently appears likely that there will be no environmental impacts that cannot be mitigated to a "less than significant" level, and that an MND would thus be the appropriate type of CEQA document. If potentially significant environmental impacts are identified in the IS, HDR will consult with the City regarding the preparation of an EIR. The MND will be prepared in accordance with CEQA guidelines and requirements. The following provides a brief discussion of the work to be undertaken for each of the key areas in the Draft IS/MND: lntroduction/Project Description/General Environmental Setting: The project description will be based on information provided by the Applicant and City, and will include the proposed project location and setting, site characteristics, project objectives, and the characteristics of the proposed project, including technical studies done describing impact areas determined to be less than significant. This section will also include the requested permits and approvals. ~~ 3 February 21, 2007 AGENDA ITEt~i N0. '~ PACEF L ~ Transmittal of all entitlement documentation to HDR in a timely manner is crucial to meeting established environmental document preparation and processing schedules. This section will also provide an overview of the environmental and jurisdictional setting for the proposed project. An analysis of the environmental characteristics and surrounding land uses will be presented, along with a discussion of the past, present, and reasonably foreseeable future projects and activities in the surrounding areas that will serve as the basis for the cumulative impact analysis. Environmental Impact Analysis: For each question asked in the IS checklist, the IS/MND will include a discussion of the environmental setting, significance thresholds, project impacts, mitigation measures, cumulative impacts, and the level of significance after mitigation. The assessment of impacts will be consistent with CEQA requirements and will utilize defined thresholds of significance to determine the impacts of the proposed project. It is assumed that, where applicable, most of the environmental issue areas will be discussed based upon information from a technical study provided by the Applicant. HDR will review all of the technical reports for CEQA adequacy. This review will include confirmation that there is adequate discussion of existing conditions, impacts, significance of impacts and mitigation. Conclusions must be substantiated by data. If any of the information is missing or conclusions do not appear to be substantiated, the report will need to be modified to provide the necessary information. Where possible, the IS/MND will use the existing City General Plan, General Plan EIR (1990) and Supplemental E1R (1994, for updates to Circulation and Housing). The following is an overview of the approach to the key environmental issues: Aesthetics and Visual Resources -Existing onsite and surrounding area viewsheds will be photographed and described in this section. HDR will analyze the photographs to determine if any significantly altered viewsheds will occur and identify any mitigation measures needed to reduce any impacts to less than significant. Agricultural Resources -HDR will review the General Plan and California Department of Conservation (CDC) Division of Land Resource Protection (DLRP) agriculture maps to determine the presence of agricultural resources on the proposed project site. If applicable, mitigation measures will be developed to reduce impacts to less than significant. Air Quality -- HDR will incorporate the findings of the cultural resources report prepared under Task 4 into the IS/MND. The existing air basin will be described and county, state and federally mandated significance thresholds will be documented. Project related emissions (construction, and operational) and a Carbon Monoxide (CO) hotspot analysis will be documented for each proposed land use. Mitigation measures will be proposed in response to conclusions of significant project impacts. Biological Resources /Jurisdictional Waters - HDR will incorporate the biological resources report and Western burrowing owl survey results (prepared by Applicant-retained consultant) into the Draft IS/MND. The IS/MND will include a discussion of existing onsite biological resources, including threatened and endangered species, sensitive habitat, and state and federal regulatory agency resources. The potential impacts to biological resources as a result of the proposed project will be documented. Potential impacts will also be discussed in the context of the Western Riverside County Multiple Species Habitat Conservation Plan. Mitigation measures will be proposed in response to conclusions of significant project impacts. ~~ 4 February 21, 2007 AGENDA 1TE11M N0. ~I PACE, ~,_,_,4F ~ Z Cultural Resources -HDR will incorporate the findings of the cultural resources report prepared under Task 2 into the IS/MND. Project related impacts to historical, archaeological, and paleontological resources will be evaluated and mitigation measures developed, if required. Project related impacts to cultural resources will be evaluated and mitigation measures developed, if required. Geology and Soils /Hazards /Mineral Resources - Onsite soils and geotechnical conditions will be evaluated in a geotechnical feasibility investigation (prepared by an Applicant-retained consultant) and any related hazards will be documented. Features to be documented include unstable soils/slopes, historical landslides, earthquake faults, seismic safety zones, and onsite soil types. Soils and geologic features will be graphically depicted, if applicable. Project-related impacts to geotechnical resources will be evaluated and mitigation measures developed, if required. Hazardous Materials -HDR will incorporate the findings of the Phase I Environmental Site Assessment (prepared by Applicant retained consultant) in the IS/MND. Project-related impacts to hazardous materials will be evaluated and mitigation measures developed, if required. Hydrology/Water Quality - Onsite hydrologic conditions will be summarized to the extent possible, using a hydrology and conceptual water quality management report (prepared by Applicant retained consultant). The following features: evaluation of 100 year flood plains, dam inundation areas, existing Qso runoff volumes, post development hydrology conditions, and any required mitigation measures will be documented. Water quality information will include Best Management Practices, Best Available Technology, and Best Conventional Technology. Land Use -Existing onsite and surrounding land uses, as well as proposed General Plan and zoning designations, will be documented. Potential inconsistencies with existing and future general plan and zoning designations will be documented and any necessary mitigation measures will be formulated. Compatibility with adjacent land uses will also be evaluated. Noise --HDR will incorporate the findings of the noise report prepared under Task 3. This section of the MND will document the General Plan documents, the acoustical environment on and surrounding the proposed project site will be described and county, state and federal mandated significance thresholds will be documented. Project related noise generation will be documented for maximum build-out. Mitigation measures will be developed to mitigate any significant adverse impacts to less than significant levels. Population/Housing -Impacts to population and housing will be described using the General Plan documents. Public Services and Utilities -HDR will obtain will-serve letters from existing public services and facilities that would serve the project, including water, wastewater treatment, solid waste, recycling, electricity, natural gas, education, police protection, fire protection, recreation, and library services. Project-related impacts to each public service and utility will be documented and appropriate mitigation measures developed to reduce impact to less than significant levels. Transportation/Traff c -HDR will incorporate findings from a traffic report (prepared by Applicant-retained consultant) that will document existing traffic and circulation conditions in the vicinity of the proposed project and project-related traffic/circulation impacts. The IS/MND will address City concerns regarding substandard traffic and circulation conditions. If necessary, mitigation measures will be proposed to reduce traffic impacts to less than significant levels. ~~ 5 February 21, 2007 AGENDA ITEM N0. Persons and Organizations Consulted/References -HDR will prepare this section of the IS/MND to document all persons and sources that contributed to the environmental analysis. Note: Should any revisions of any of the above technical studies be necessary in order to comply with CEQA, these revisions will be made at the technical consultant or Applicant expense. Revised copies will be provided to HDR and City as required. Screencheck Initial Study/MND- Submittal to City for Review HDR will submit three copies of the Draft IS/MND for City and Applicant review. Following City review of the Draft IS/MND, HDR will finalize the IS/NIND and incorporate necessary changes. HDR assumes that changes will be minimal due to early consultation with the City and previous review of technical reports by HDR and City personnel. HDR assumes that 50 copies of the Draft IS/MND will be provided for distribution. HDR will prepare the IS/MND for public circulation and review, and will assist the City in transmitting the required copies to the State Clearinghouse HDR will also prepare/distribute the Notice of Intent to Adopt (NOI) containing a discussion of the project description and CEQA requirements. Response to Comments/ Final IS/MND- Submittal to City HDR will submit three administrative drafts including response to comments of the Final IS/MND for City and Applicant review. Upon approval, 24 final copies will be submitted to the City for Planning Commission and City Council meetings. Task 6 -Response to Comments Under this task HDR will review and address all comments received on the Draft IS/MND. For the purposes of this proposal, HDR has assumed 40 hours of staff time to respond to comments. In the event that the public comments on the IS/MND are greater than expected, HDR would meet with the City to develop adjustments to the work program as necessary. Task 7 -Mitigation Monitoring and Reporting Program Preparation Should mitigation measures be proposed, HDR will prepare a Mitigation Monitoring and Reporting Program (MMRP) and matrix in table format for submittal to the City and Applicant after comments have been received at the close of the public review period. The MMRP will contain a compilation of mitigation measures identified in the MND. These mitigation measures and the established MMRP will be fully consistent with City policies and programs and will meet the requirements of Section 21081.6(a) of the Public Resources Code. ~~ 6 February 21, 2007 AGENDA ITEM N0. ~ _, PACE I ~ OF~ Schedule HDR understands that time is of the essence and the CEQA environmental documents will be prepared in an efficient manner. The following schedule depicts the IS/NIND preparation and review process schedule and includes the major project CEQA milestones: TASK DURATION 1: Project Initiation and Attendance at Meetings On-going 2: Cultural Resources Report 4 weeks(a) 3: Noise Report 4 weeks(a) 4: Air Quality Report 4 weeks(a) 5 and 6: IS/MND and Response to Comment Preparation n 12 weeks Prepare Screencheck Draft IS/MND 2 weeks Internal QA/QC Process 1 week City /Applicant Review 1 week n Finalize/Distribute IS/MND ` 1 week Draft IS/MND Public Review Period 4 weeks Prepare Response to Comments 1 week City /Applicant Review 1 week n Finalize/ Distribute Final IS/MND 1 week 7: Mitigation Monitoring and Reporting Program Preparation 1 week Total Approx. l7 Weeks a Tasks 2, 3 and 4 can be completed concurrently. b This review period is an estimate, dependent on City schedule. May include a second review 6y the Ciry ~~ 7 February 21, 2007 AGENDA ITEM IuO. PAGE ~ OF_= Cost Estimate The following cost estimate has been prepared to outline costs to complete the above outlined scope of work tasks. Reimbursable expenses, including traveUcomputer, technology charges, etc. will be invoiced in accordance with HDR standard rate schedule. Document reproduction is an estimate only and a detailed estimate will be obtained prior to document production. Costs are based upon the HDR standard hourly rate sheet (Attachment A). TASK COST 1: Project Initiation and Meetings Task 1 Subtotal $ 8,000 2: Cultural Resources Study Task 2 Subtotal $ 3,500 3: Noise Report Task 3 Subtotal $ 6,400 4: Air Quality Report Task 4 Subtotal $ 6,400 5: Initial Study and Mitigated Negative Declaration Task 5 Subtotal $ 23,000 6: Response to Comments Task 6 Subtotal $ 4,700 7: Mitigation, Monitoring and Reporting Program Task 7 Subtotal $ 1,600 Document Reproduction/ Reimbursables Printing $4,000 Postage $1,000 Mileage $ 500 Subtotal R/R $ 5,500 TOTAL -Tasks 1-7 and Reproduction/Reimbursables $59,100 Should the need arise for additional professional services beyond those set forth in the scope of services due to revisions to the project, the regulatory environment, requirements exceeding our specified budget allowances, HDR will only undertake such additional services upon receipt of authorization by the City of Lake Elsinore. ~~ 8 February 21, 2007 AGENDA ITEM N0. ~~ pACE~3,~oF (`~ Authorization By signing below, the parties are accepting the Terms and Conditions (Attachment B), and are authorizing HDR to proceed with the proposed scope of work. "AGENCY" -City of Lake Elsinore BY: NAME: TITLE: ADDRESS: 130 South Main Street Lake Elsinore, CA 92530 HDR ENGINEERING, INC. "ENGINEER/PLANNER" BY: NAME: Betty Dehoney TITLE: E&RM Program Manager ADDRESS: 8690 Balboa Avenue Suite 200 San Diego, CA 92123 ~~ 9 February 21, 2007 AGENDA ITEM N0. P~ac~, ~ ~., oF~.~ 11 I ONE COMPANY J~~~ Many Solutions3"' HDR ENGINEERING, INC. Southern California Operations 2007 SCHEDULE OF CHARGES FOR PROFESSIONAL SERVICES LABOR OTHER DIRECT COSTS Engineers In-House Expenses Senior Company Officer $280 Vehicle Mileage (per mile) $0.485 Senior Principal Engineer $260 (subject to change to reflect IRS Mileage Reimbursement Rate) Senior Engineer Section Manager $250 Photocopies (per copy) $0.10 Senior Project Manager $225 Plotting (per square foot) Senior Engineer $200 Mylar $3.00 Project Manager $175 Vellum $1.00 Task Manager $150 Color $2.00 Project Engineer $125 Blueline $1.00 Associate Engineer $110 Staff Engineer $100 Outside Exoenses -Reimbursed At Cost + 15% Junior Engineer $ 90 Contract Services - subconsultants, typing services, Engineering Intern $ 60 printing, etc. • Miscellaneous Supplies -equipment rental, project- Architects specific supplies, etc. Arch. Senior Project Manager $175 Task Order-Related Travel Expenses -lodging, Arch. Project Manager $150 airfare, meals, car rentals, etc. Specification Writer $125 Mailing -postage, courier, overnight delivery, etc. Project Architect/Senior Designer $125 Communication -long distance telephone, fax, etc. Project Designer $200 Assistant Project Designer $100 Architectural Intern $ 60 Scientists and Environmental Planners Program Manager $250 Section Manager $220 Environ. Senior Project Manager $190 Environ. Project Manager $175 Senior Scientist/Planner $150 Project Scientist/Planner $125 Associate Scientist/Planner $110 Staff Scientist/Planner/Field Monitor $100 Junior Scientist/Planner/Field Monitor $ 90 Environ. Intern $ 60 Technicians Senior Technician $120 Project Technician $110 Staff Technician $ 80 GIS GIS Manager $165 GIS Operator $120 GIS Staff Operator $110 Administrative Personnel Contracts Manager $120 Project Coordinator $100 Document Production Specialist $ 90 Clerk $ 55 E&RM-Schedule of Fees-A-2007 01 /2007 AGENDA I7Eb1 NO. C~ ~- HDR Engineering, Inc. Terms and Conditions for Professional Services STANDARD OF PERFORMANCE The standard of care for all professional engineering, consulting and related services performed or furnished by ENGINEER and its employees under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under the same or similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's services. INSURANCE ENGINEER agrees to procure and maintain, at its expense, Workers' Compensation insurance as required by statute; Employer's Liability of $250,000; Automobile Liability insurance of $1,000,000 combined single limit for bodily injury and property damage covering all vehicles, including hired vehicles, owned and non-owned vehicles; Commercial General Liability insurance of $1,000,000 combined single limit for personal injury and property damage; and Professional Liability insurance of $1,000,000 per claim for protection against claims arising out of the performance of services under this Agreement caused by negligent acts, errors, or omissions for which ENGINEER is legally liable. Upon request, OWNER shall be made an additional insured on Commercial General and Automobile Liability insurance policies and certificates of insurance will be fumished to the OWNER. ENGINEER agrees to indemnify OWNER for the claims covered by ENGINEER's insurance. flexibility and expandability, and any budgetary limitations. OWNER will also provide copies of any OWNER-fumished Standard Details, Standard Specifications, or Standard Bidding Documents which are to be incorporated into the project. OWNER will furnish the services of soils/geotechnical engineers or other consultants that include reports and appropriate professional recommendations when such services are deemed necessary by ENGINEER. The OWNER agrees to bear full responsibility for the technical accuracy and content of OWNER-fumished documents and services. In performing professional engineering and related services hereunder, it is understood by OWNER that ENGINEER is not engaged in rendering any type of legal, insurance or accounting services, opinions or advice. Further, it is the OWNER's sole responsibility to obtain the advice of an attomey, insurance counselor or accountant to protect the OWNER's legal and financial interests. To that end, the OWNER agrees that OWNER or the OWNER's representative will examine all studies, reports, sketches, drawings, specifications, proposals and other documents, opinions or advice prepared or provided by ENGINEER, and will obtain the advice of an attomey, insurance counselor or other consultant as the OW NER deems necessary to protect the OWNER's interests before OWNER takes action or forebears to take action based upon or relying upon the services provided by ENGINEER. OPINIONS OF PROBABLE COST (COST ESTIMATES) Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of information available to ENGINEER and on the basis of ENGINEER's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, since ENGINEER has no control over the cost of labor, materials, equipment or services fumished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, ENGINEER does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost ENGINEER prepares. CONSTRUCTION PROCEDURES ENGINEER's observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing work in accordance with applicable contract documents. ENGINEER shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. ENGINEER shall not be responsible for the acts or omissions of the contractor or other parties on the project. ENGINEER shall be entitled to review all construction contract documents and to require that no provisions extend the duties or liabilities of ENGINEER beyond those set forth in this Agreement. OWNER agrees to include ENGINEER as an indemnified party in OWNER's construction contracts for the work, which shall protect ENGINEER to the same degree as OWNER. Further, OWNER agrees that ENGINEER shall be listed as an additional insured under the construction contractor's liability insurance policies. 5. CONTROLLING LAW This Agreement is to be governed by the law of the state where ENGINEER's services are performed. 6. SERVICES AND INFORMATION OWNER will provide all criteria and information pertaining to OWNER's requirements for the project, including design objectives and constraints, space, capacity and performance requirements, 7. SUCCESSORS AND ASSIGNS OWNER and ENGINEER, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the covenants of this Agreement. Neither OWNER nor ENGINEER will assign, sublet, or transfer any interest in this Agreement or claims arising therefrom without the written consent of the other. RE-USE OF DOCUMENTS All documents, including all reports, drawings, specifications, computer software or other items prepared or fumished by ENGINEER pursuant to this Agreement, are instruments of service with respect to the project. ENGINEER retains ownership of all such documents. OWNER may retain copies of the documents for its information and reference in connection with the project; however, none of the documents are intended or represented to be suitable for reuse by OW NER or others on extensions of the project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, and OWNER will defend, indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses, including attorney's fees, arising or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. TERMINATION OF AGREEMENT OWNER or ENGINEER may terminate the Agreement, in whole or in part, by giving seven (7) days written notice, if the other party substantially fails to fulfill its obligations under the Agreement through no fault of the terminating party. Where the method of payment is "lump sum," or cost reimbursement, the final invoice will include all services and expenses associated with the project up to the effective date of termination. An equitable adjustment shall also be made to provide for termination settlement costs ENGINEER incurs as a result of commitments that had become firm before termination, and for a reasonable profit for services performed. 10. SEVERABILITY If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the (10/2001) p,GENDA 17EM NO.~.-. `~ PACE~,_OF~ parties. One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. 11. INVOICES ENGINEER will submit monthly invoices for services rendered and OW NER will make prompt payments in response to ENGINEER'S invoices. ENGINEER will retain receipts for reimbursable expenses in general accordance with Internal Revenue Service rules pertaining to the support of expenditures for income tax purposes. Receipts will be available for inspection by OWNER'S auditors upon request. If OWNER disputes any items in ENGINEER'S invoice for any reason, including the lack of supporting documentation, OWNER may temporarily delete the disputed item and pay the remaining amount of the invoice. OWNER will promptly notify ENGINEER of the dispute and request clarification and/or correction. After any dispute has been settled, ENGINEER will include the disputed item on a subsequent, regularly scheduled invoice, or on a special invoice for the disputed item only. OWNER recognizes that late payment of invoices results in extra expenses for ENGINEER. ENGINEER retains the right to assess OWNER interest at the rate of one percent (1 %) per month, but not to exceed the maximum rate allowed by law, on invoices which are not paid within forty-five (45) days from the date of the invoice. In the event undisputed portions of ENGINEER'S invoices are not paid when due, ENGINEER also reserves the right, after seven (7) days prior written notice, to suspend the performance of its services under this Agreement until all past due amounts have been paid in full. 12. CHANGES The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. Adjustments in the period of services and in compensation shall be in accordance with applicable paragraphs and sections of this Agreement. Any proposed fees by ENGINEER are estimates to perform the services required to complete the project as ENGINEER understands it to be defined. For those projects involving conceptual or process development services, activities often are not fully definable in the initial planning. In any event, as the project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. ENGINEER will inform OWNER of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, an equitable adjustment shall be made, and the Agreement modified accordingly. 13. CONTROLLING AGREEMENT These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice-to-proceed, or like document. 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION In connection with the services under this Agreement, ENGINEER agrees to comply with the applicable provisions of federal and state Equal Employment Opportunity, and other employment, statutes and regulations. 15. HAZARDOUS MATERIALS OWNER represents to ENGINEER that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be Terms & Conditions for Professional Services present, OWNER represents that to the best of its knowledge it has disclosed to ENGINEER the existence of all such hazardous materials, including but not limited to asbestos, PCB's, petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. It is acknowledged by both parties that ENGINEER'S scope of services do not include services related in any way to hazardous materials. In the event ENGINEER or any other party encounters undisclosed hazardous materials, ENGINEER shall have the obligation to notify OWNER and, to the extent required by law or regulation, the appropriate governmental officials, and ENGINEER may, at its option and without liability for delay, consequential or any other damages to OWNER, suspend performance of services on that portion of the project affected by hazardous materials until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the hazardous materials; and (ii) warrants that the project site is in full compliance with all applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the project site in connection with ENGINEER'S services under this Agreement. If ENGINEER'S services hereunder cannot be performed because of the existence of hazardous materials, ENGINEER shall be entitled to terminate this Agreement for cause on 30 days written notice. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER, its officers, directors, partners, employees, and subconsultants from and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (i) any such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's sole negligence or willful misconduct. 16. EXECUTION This Agreement, including the exhibits and schedules made part hereof, constitute the entire Agreement between ENGINEER and OWNER, supersedes and controls over all prior written or oral understandings. This Agreement may be amended, supplemented or modified only by a written instrument duly executed by the parties. 17. LIMITATION OF LIABILITY ENGINEER'S and its employees' total liability to OWNER for any loss or damage, including but not limited to special and consequential damages arising out of or in connection with the performance of services or any other cause, including ENGINEER'S and its employees' professional negligent acts, errors, or omissions, shall not exceed the greater of $50,000 or the total compensation received by ENGINEER hereunder, except as otherwise provided under this Agreement, and OWNER hereby releases and holds harmless ENGINEER and its employees from any liability above such amount. 18. LITIGATION SUPPORT In the event ENGINEER is required to respond to a subpoena, government inquiry or other legal process related to the services in connection with a legal or dispute resolution proceeding to which ENGINEER is not a party, OWNER shall reimburse ENGINEER for reasonable costs in responding and compensate ENGINEER at its then standard rates for reasonable time incurred in gathering information and documents and attending depositions, hearings, and trial. AGENDA ITEM I'JO __~,___~001) pACE~.~oF~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: APRIL 10, 2007 SUBJECT: AGREEMENT FOR EMERGENCY SERVICES SHELTER TRAILER BACKGROUND The Riverside County Fire Office of Emergency Services has provided the City written guidelines for developing plans and procedures for the mass care and shelter of persons affected by an emergency, disaster, or precautionary evacuation. The guidelines are structured to be consistent with the Standardized Emergency Management System (BEMs) and the National Incident Management System (NIMS). Staff is working through the guidelines to insure that the City has an effective"Mass Care and Shelter Program" in place. DISCUSSION An important part of a "Mass Care and Shelter Plan" is to insure that emergency shelters will be equipped with cots and blankets. Therefore, the Lake Elsinore Unified School District and the City of Lake Elsinore have each purchased a 10 ft by 8 ft enclosed cargo trailer for storage of cots and blankets to outfit 100 people each (combined the trailers will outfit 200 people). The trailers are portable and are capable of being towed to a designated shelter (most likely a school site) when an emergency shelter is established. The City will park our "Shelter Trailer" at the Lake Elsinore City Yard. The School District will park their trailer at the School District Maintenance Yard located on Chaney Street in the City Limits of Lake Elsinore. The Riverside County Chapter of the American Red Cross has agreed to outfit each trailer with cots and blankets at their cost. In exchange, Red Cross has asked that the trailer be available to other areas within the American Red Cross Riverside ~A 1 J ~= ., REPORT TO CITY COUNCIL APRIL 9, 2007 PAGE 2 County Chapter's jurisdiction in time of great need. If the trailers are needed by the Red Cross they will be responsible for notifying the City of the need and location. Red Cross will be responsible for the towing of the trailers when used for Red Cross operations. The American Red Cross has always been a partner with local government in helping to fulfill government's legal responsibility of providing care and shelter for its citizens in a disaster. Staff feels that a cooperative agreement between the City of Lake Elsinore and Red Cross for the stocking of an "Emergency Services Shelter Trailer" is in the best interest of the City and its citizens. FISCAL IMPACT None RECOMMENDATION Staff recommends that the Mayor and City Council authorize the City Manager to execute an agreement with the American Red Cross, Riverside County Chapter for stocking of an emergency shelter trailer necessary for disaster relief. PREPARED BY: WILLIAM L. PAYNE, PUBLIC WORKS MANAGER REVIEWED BY: KEN SEUMALO, DIRECTOR OF PUBLIC WORKS APPROVED FOR AGENDA BY: OBERT A. BRAD ,CITY MANAGER Attachment: emorandum of Unders nding, Emergency Services Trailer MOU EMERGENCY SERVICES SHELTER TRAILER April 10, 2007 American Red Cross, Riverside County Chapter 6177 River Crest Drive, Suite B Riverside, CA 92507 (951) 656-4218 William L. Payne Public Works Manager City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 As long as it remains convenient for both parties, the American Red Cross Riverside County Chapter and the City of Lake Elsinore agree to cooperate in the staging of an emergency shelter trailer necessary for disaster relief as to be accessible on short notice at any time of day or night. The Riverside County Chapter retains routine maintenance and routine stocking obligations for all shelter supplies housed therein. In the event that relief supplies are used, it is the responsibility of the user's party to replace any worn, damaged or destroyed supplies. The trailer, owned in whole by the City of Lake Elsinore will be available to other areas within the American Red Cross Riverside County Chapter's jurisdiction in time of great need. The City of Lake Elsinore may also house its own disaster supplies in the trailer as necessary, and may transport the trailer as needed. If transportation of the trailer is needed by either American Red Cross Riverside County Chapter or by the City of Lake Elsinore then the party moving the trailer is responsible to notify the second party of the need and change of location. The Riverside County Chapter will provide for the towing of the trailer when used for Red Cross operations. The American Red Cross Riverside County Chapter shall indemnify and hold the City of Lake Elsinore their officers, agents, and employees, harmless from and against any and all liability, damage, loss, or expense while hosting the supplies in the trailer. This agreement shall become effective upon execution by both parties and shall remain in force and effect until canceled by either party. Chief Programs Officer City Manager American Red Cross, Riverside County City of Lake Elsinore ~~,~3 ,~ ~ 3 ~.~ti CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: APRIL 10, 2007 SUBJECT: ROAD MAINTENANCE AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND RIVERSIDE COUNTY. BACKGROUND The area west of Lake Street and South of Temescal Canyon Road is owned by Pacific Clay Products and is located within the Riverside County Boundaries but is also within the City of Lake Elsinore Sphere of Influence. In September of 2005, the City filed an application with the Local Agency Formation Commission (LAFCO) to annex this 1,400 acre property into the City limits. One of the conditions for annexation is that the City enter into an agreement with Riverside County regarding maintenance, regulation of improvements and use of Hostettler Road. DISCUSSION City and County Staff have worked together to develop an agreement which outlines the responsibilities of maintenance, regulation of improvements and use of Hostettler Road. The City agrees to consent to County's maintenance at the County's sole cost and expense of the road maintenance area. This area includes 30-feet of right of way within the annexation area. The County agrees to hold the City harmless from liability, loss and claims for damages made in connection with the road maintenance area. FISCAL IMPACT None. The agreement stipulates that Riverside County is responsible for sole cost and expense without reimbursement from the City, of the road maintenance area. REPORT TO CITY COUNCIL APRIL 10, 2007 PAGE 2 OF 2 RECOMMENDATION It is recommended that the City Council approve the Road Maintenance Agreement with Riverside County in such final form as approved by the City Attorney, and authorize the Mayor to execute the agreement. PREPARED BY: KEN SEUMALO, DIRECTOR OF PUBLIC WORKS APPROVED FOR AGENDA BY: MAN ACi~K Attachment: Road ~ry t ~ tl e R. F. j ~3. ~iur b"~eA. yx <~:: 7 i~'rs ROAD MAINTENANCE AGREEMENT This Road Maintenance Agreement (the "Agreement") is made and entered into this _ day of 2007 by and between the CITY OF LAKE ELSINORE, a municipal corporation, (hereinafter referred to as "City") and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, (hereinafter referred to as "County"). RECITALS: WHEREAS, Pacific Clay Products, Inc., Castle and Cooke Lake Elsinore Outlet Centers, Inc., Castle and Cooke Corona, Inc., Gateway Business Park, LLC, and Murdock Alberhill Ranch Limited Partnership (collectively herein referred to as "Castle and Cooke") own approximately 1,400 acres of land located west of the I-15 freeway within the jurisdiction of the County of Riverside and within the Sphere of Influence of the City and more particularly shown in Exhibit A attached hereto (the "Property"); and WHEREAS, in September of 2005, pursuant to the terms of the Cortese-Knox Hertzberg Local Government Reorganization Act of 2000 (the "Cortese Knox Act"), the City filed an application with the Riverside Local Agency Formation Commission ("LAFCO") to annex into the City's corporate boundaries certain parcels of the Property, which in the aggregate consist of approximately 1,374 net acres and which are more particularly described in Exhibit B and Exhibit C and mapped out in Exhibit D (hereinafter referred to as the "Annexation Property"); and WHEREAS, on June 12, 2005, the Lake Elsinore Planning Commission adopted Resolution 2005-69, recommending that the City Council of the City of Lake Elsinore approve Zone Change No. 2005-05, and Resolution 2005-70, recommending that the City Council of the City of Lake Elsinore commence proceedings to annex the Annexation Property into the corporate boundaries of the City ("Annexation No. 72"); and WHEREAS, on July 12, 2005, the Lake Elsinore City Council adopted Resolution 2005-68, commencing proceedings to annex the Annexation Property, and preliminarily approved, after first reading, Ordinance No. 1152, approving Zone Change No. 2005-05; and WHEREAS, on July 26, 2005, upon second reading of Ordinance No. 1152, the Lake Elsinore City Council formally adopted Zone Change No. 2005-05; and WHEREAS, with regard to Annexation No. 72, the City complied with all pre- annexation requirements as set forth in the Cortese Knox Act and the LAFCO local rules and procedures; and WHEREAS, on December 20, 2005, the Riverside County Board of Supervisors adopted Resolution 2006-10 supporting Annexation No. 72; and `~`.~...a~~_x WHEREAS, on March 23, 2006, LAFCO adopted Resolution No. 21-06, conditionally approving Annexation No. 72 such that LAFCO will not record a Certificate of Completion for Annexation No. 72 until such time that the City satisfies two conditions; and WHEREAS, the first condition mandates that the City submit a complete application to LAFCO commencing proceedings to annex into the corporate boundaries of the City a pocket area south of the Annexation Property which was created as a result of Annexation No. 72; and WHEREAS, the second condition requires that the City enter into an agreement with the County regarding maintenance of a segment of Hostettler Road that prior to Annexation No. 72 was a thirty foot (30') public road under the County's jurisdiction and which after approval of Annexation No. 72 will be a public right-of--way within the City's jurisdiction, and which is more particularly described in Exhibit E and depicted in Exhibit F (hereinafter referred to as the "Road Maintenance Area"); and WHEREAS, the second condition further required that the agreement between the County and the City address maintenance responsibilities, improvement of the Road Maintenance Area consistent with existing improvements on adjacent unincorporated sections of Hostettler Road, and use of Hostettler Road through the Annexation Property; and WHEREAS, it is the parties intent to enter into this Road Maintenance Agreement in satisfaction of the second condition of approval for Annexation No. 72. NOW, THEREFORE, IN CONSIDERATION OF THE FORGOING RECITALS, WHICH ARE INCORPORATED HEREIN BY REFERENCE, CITY AND COUNTY AGREE AS FOLLOWS: 1. City hereby consents to County's maintenance, at County's sole cost and expense and without reimbursement from the City, of the Road Maintenance Area. 2. Within the Road Maintenance Area, County shall maintain the roadway surface, curbs, gutters, and sidewalks in accordance with County Street Maintenance Standards. Maintenance shall include, but shall not be limited to, repair, resurfacing, street sweeping, and other duties typical to the maintenance of the roadway and adjoining curb, gutters, and sidewalks. 3. In its current condition, the Road Maintenance Area is thirty foot (30') of right-of- way. Depending upon development of the Annexation Property and other projects in the immediate vicinity of the Annexation Property, it is possible that Hostettler Road may be expanded to greater widths. In the event that development of the Annexation Property requires expansion of Hostettler Road, the County agrees to maintain the Road Maintenance Area as expanded. 2 .. . 4. In the event that the Road Maintenance Area is expanded, it shall be improved in such a way that the improved section is compatible with and safely transitions to the existing improvements on the unincorporated portions of Hostettler Road. 5. City shall refer all applicants wishing to obtain permits to work, enter, close, or in any way modify the roadway to the County to obtain the appropriate County Permit(s) prior to any commencement of work, entry upon, or closure of the Roadway Maintenance Area. 6. The City agrees to ensure that Hostettler Road continues to be accessible and usable through the Annexation Property. 7. Except for the negligence or willful misconduct of the City, or for any development, design, inspection, construction, or structural defects in connection with the expansion of the Road Maintenance Area, County shall defend, indemnify, and hold harmless the City, its officers, employees, and agents from and against any and all liability, loss, expense (including reasonable attorneys fees), or claims for injury or damages arising out of the maintenance of the Road Maintenance Area. This indemnification provision shall survive the expiration or early termination of this Agreement. 8. City shall defend, indemnify, and hold harmless the County, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys fees), or claims for injury or damages arising out of any development, design, inspection, or structural defects made in connection with the expansion of the Road Maintenance Area. This indemnification provision shall survive the expiration or early termination of this Agreement. 9. By executing this Agreement, County certifies that County is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation or to undertake self-insurance before commencing any of the work required as part of this Agreement. County shall carry the insurance or provide for self-insurance required by California law to protect County from claims under the Workers Compensation Act. 10. This Agreement may be amended, supplemented, or terminated only by written documents signed by both parties. 11. Any correspondence regarding this Agreement shall be addressed as follows: City Manager Director of Transportation CITY OF LAKE ELSINORE COUNTY OF RIVERSIDE 130 S. Main Street 4080 Lemon Street Lake Elsinore, CA 92530 Riverside, CA 92501 3 ~~ OF 12. Any action at law or in equity, brought by either of the parties to this Agreement, for the purpose of enforcing a right or rights provided for by this Agreement, shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 13. If either party commences an action to enforce any right provided for or arising out of this Agreement, the prevailing party shall be entitled to have or recover from the other party reasonable attorneys' fees and costs of the suit. 14. During performance of this Agreement, the parties each agree not to discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS), or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, the parties agree to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 15. Each provision, term, condition, covenant, and/or restriction, in whole and in part, in this Agreement shall be considered severable. In the event any provision, term, condition, covenant, and/or restriction, in whole and/or in part, in this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant, and/or restriction of this Agreement and the remainder of the Agreement shall continue in full force and effect. 16. The individuals executing this Agreement each represent and warrant that they have the legal power, right, and actual authority to bind City and County to the terms and conditions set forth in this Agreement. 17. This Agreement constitutes the final, complete, and exclusive statement of the terms of the Agreement between the Parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement, nor is either party relying upon, any representation or warranty outside those expressly set forth in this Agreement. [SIGNATURES FOLLOW ON NEXT PAGE] 4 ~` Pf4C3E~. 0~:. IN WITNESS WHEREOF City and County have caused this Agreement to be duly executed on the day and year first above written. CITY OF LAKE ELSINORE, a municipal corporation By: Robert E. Magee, Mayor Attest: Michelle Soto, Interim City Clerk, CMC APPROVED AS TO FORM: By: Barbara Zeid Leibold, City Attorney COUNTY OF RIVERSIDE, a political subdivision of the state of California By: [Printed Name] Attest: [Printed Name] APPROVED AS TO FORM: By: Deputy County Counsel 5 PAS ~3 ExHIBIT A MAP OF CASTLE c4z COOKS PROPERTIES WITHIN BOTH THE COUNTY OF RIVERSIDE AND THE CITY OF LAKE ELSINORE'S SPHERE OF INFLUENCE [TO BE INSERTED] p " R ,~~ ~lS1wiRL.. mma~ "' C""A» EXHIBIT B ASSESSOR'S PARCEL NUMBERS FOR ANNEXATION PROPERTY [TO BE INSERTED] EXHIBIT C LEGAL DESCRIPTION FOR ANNEXATION PROPERTY (LAFCO 2005-81-1) [TO BE INSERTED] ~'v4~~~.,,, ° .,.. ~ ~~~ /..~ .,..~... EXHIBIT D PLAT OF ANNEXATION PROPERTY (LAFCO ZOOS-8I-1) [TO BE INSERTED] ~~;~ 11 „~ C~~,~ ~ 3 ,...~ ExxIBIT E LEGAL DESCRIPTION FOR ROAD MAINTENANCE AREA [TO BE INSERTED] ExxIBIT F PLAT OF ROAD MAINTENANCE AREA [TO BE INSERTED] CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: APRIL 10, 2007 SUBJECT: AUTHORIZATION TO BEGIN LLMD ANNEXATION BACKGROUND In 2006, homeowners located in the "Tuscany Hills Estates" developed by Curtis Homes petitioned the Tuscany Hills Homeowners Association to be removed from the Association. Members of the Association subsequently approved removal the Estates from the Association. This action left the 22 homeowners with no means to maintain the landscaping that was installed as part of the development. The developer -Curtis Homes -continued the landscape maintenance last year but there is now no homeowners association to assume the maintenance obligation. DISCUSSION Last year, residents of the Tuscany Hills Estates contacted the City to determine if an alternative mechanism could be developed to assist them in the maintenance of their monument sign and streetscape. A meeting was held with the residents, the developer and staff to discuss the situation. Representative of the residents indicated that a Landscape and Lighting Maintenance District (LLMD) would be the best mechanism for the residents. Earlier this year, a petition was circulated by the residents to determine if at least 50% of the homeowners were willing to support an LLMD such that formation proceedings should be undertaken. Based on the petition's results, more that 50% of the residents support the notion of establishing an LLMD for maintenance purposes. However, in m„d ~ ; m :H Inc M+. __-~__.-__. REPORT TO CITY COUNCIL APRIL 10, 2007 PAGE 2 order for that process to proceed, an Engineer's Report will need to be prepared as the first formal step in establishing a LLMD. Residents have requested the City's assistance in preparing the Engineer's Report. The cost is reimbursable to the City as part of the assessment in the event that the City Council ultimately approves the LLMD. Currently, City staff is only requesting authorization to proceed with the Engineer's Report. Actually formation of the LLMD will require additional City Council approval following the preparation of the Engineer's Report. FISCAL IMPACT The cost of the Engineer's Report ($4,000) will be paid by the City then reimbursed through the proposed assessment. RECOMMENDATION It is staff's recommendation that the Mayor and City Council authorize the Engineer's Report to begin proceedings for the annexation of parcels within the Tuscany Hills Estates into the City's Landscape and Street Lighting District No. 1. PREPARED BY: /_ ~-~G` VIDE SAPP, DIREC'~i~~OF PARKS & RECREATION APPROVED FOR AGENDA BY: GAR'S O~'~ICE CITY OF LAKE ELSINORE MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: DECEMBER 8, 2006 SUBJECT: 22 HOMES BUILT BY CURTIS HOMES IN TUSCANY HILLS As you are aware, the Tuscany Hills HOA voted out the 22 homes built by Curtis Homes this past year. There are two issues that have come out of this action that the City needs to address. First, there is a question as to whether the City can require the 22 homes to form an HOA. Secondly, is there sufficient funding to maintain the public right-of--way landscaped area that the 22 homes pay through the Zone F landscaping area of the City's LLMD assessments. Regarding the issue of the HOA, the City Attorney has researched the issue of whether the City can require the 22 homes to form an HOA. She determined that the City initially requires developments to form an HOA as a condition of approval but if an HOA subsequently votes out a portion of the homes, the City has no legal authority to require the home owners to form an HOA. Regarding the LLMD, staff is working with the 22 home owners to form a new LLMD zone to cover the cost of the public right-of--way landscaped area of the Curtis Home tract. Certain home owners of the 22 homes have approached the City to ensure that the area is maintained. Curtis Homes still has the water utility in it's name and will be turning it over to the City soon this month. Harris and Associates has drafted an engineers report for the new district and staff will be going over the results with the home owners next month. c: City Attorney Department Directors ' P -TITYUN i ~J A PETITION TO THE CITY COL~iCIL OF THE CITY OF LAKE ELST.'~'ORE, CALIFORNIA, PETITIONING SAID COLTiCIL TO INITIATE PROCEEDIl`GS FOR THE Ati"NEkATION OF TERRITORY TO BE K~fOWN AS A.'~~E.XATION IvO. ~TBD]~ SINGLE FAMILY HOMES LOCATED WITHI?~ TRACT h0. 17413-4 I-~REINAFTER REFERRED TO AS THE "ESTATES") TO Ti~iE LAKE .~~I~D ELSINORE LANDSCAPING AtiD STREET LIGHTING DISTRICT NO, ]INTO CITY GF LAKE BLSI:NORE .LAI~iDSCAPE AtrD STREET LIGHTING DISTRICT ti0. 1 PURSUANT TO THE "LANDSCAPI:`~G A1vD LIGHTING ACT OF 1972" BEING PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA WITNESSETH: ~~'*'~ra <4. `WHEREAS, the petitioners, homeowners within the Estates, (hereinafter referred to as the "Homeowners"), are the owners of residential parcels (hereinafter referred to as the '`Property" or "Properties"j located in the City of Lake Elsinore, County of Riverside, State of California (hereinafter referred to as the "City"), more particularly described as follows; Tract No. 17413-4 (the "Estates") ~. AS, streetlight`s, trail and other Iand unprovements thereinafter referred to as rovement " een installed by Curtis Development Corporation (the "Dev o acceptable to the City in those certain areas withi ,lacent to the Estates (hereina ~ to as the "Im r real"); and C. W~iEKEAS, these Improvements must be maintained, operated, and sen~iced; and D. WHEREAS, the Homeowners and City agree that there should be a means satisfactory to the Homeowners and City for assuring the continued maintenance, operation and servicing of the Improvements; and E W'i-IEREAS, the Improvement Areas and Improvements must be tz~aintain~~3 so as not to compromise the Improvements; and F. WHEREAS, pursuant to the "Landscaping and Lighting Act of 1972," being Part 2 of Division 15 of the Streets and Highways Code of the State of California, the City ma}' establish a Viaintenance District to provide for the continued maintenance, B .... ... . ,.. . n a ~a%.~~.._____ ° _... ~~~ operation, and servicing of the Improvements, and for the payment of the costs and expenses incurred for such maintenance, operation, and servicing; and G. WHEREAS, the Right to Vote on Taxes Act (hereinafter referred to as the "Act"), which added Articles XIIIC and XIIID to the California Constitution, requires among other things that all new assessments must comply with the Act; and H. WHEREAS, the proposed assessments upon the Properties will be for the special benefit to be received by the Properties from the Improvements; and I. WHEREAS, the Homeowners are the owners of the real property to be benefited by the Improvements, and the maintenance, operation, and servicing thereof; and NOW, THEREFORE, in furtherance of the foregoing recitals, the Homeowners do hereby petition the City as follows: 1. In order to assure the continued maintenance, operation, and servicing of the Improvements and the payment of the cost and expenses incurred for such maintenance, operation, and servicing, the undersigned Homeowners hereby request that the City to commence annexation procedure of the parcels within the Estates into the City of Lake Elsinore Landscape aad Street Lighting District No. 1 pursuant to the "Landscaping and Lighting Act of 1972" being Part 2 of Division 15 of the Streets and Highways Code of the State of California, The total annual assessment shall be divided among the parcels equally and is preliminarily anticipated to be in the range of $300 to $400 per Property. 2. This petition only request that the City consider commencing annexation proceedings and does not constitute formal consent to the assessment. So that the City can proceed in good faith with the annexation procedures, the undersigned Homeowners hereby indicate their intent to cast a ballot in favor of the assessment. All owners of the Properties will have an opportunity to formally cast ballots necessary to authorize the levy of assessments against the Properties at a subsequent date. Louellei~ Ficke-Goff 1 Via del Lago Lake Elsinore, CA 92532 2 ~. , ._~____ __~.~~ __._. Dougl s A. Pinnow Joan S. Pinnow 7 Via del Lago Lake Elsinore, CA 92532 ~r~~ ~~~~~/~ Elias L. Escamilla, Jr Lourdes G. Escamilla 6 Via del Lago Lake Elsinore, CA 92532 ~,. G Ricard ornholm Elizabeth Rebman 111 Via de la Valle Lake Elsinore, CA 92532 f ~ .~ ~ , ~~--~ Jeff Harris Marcie Harris 1 Via de la Luna Lake Elsinore, CA 92532 3 t- ,. Sheng Pao Kan Lily Ko Kan 4 Via de la Luna Lake Elsinore, CA 92532 ~_ ,, ;. Phillip John Staub 180 Via de la Valle Lake Elsinore, CA 92532 .. f Jack .Berg Bever y L. Berg 121 Via de la Valle Lake Elsinore, CA 92532 Diane M. Smith 3 Via del Lago Lake Elsinore, CA 92532 4 ~° .. __ ~___ --._ ~~ ~_ .. Donnie R. Porter Edith V. Porter 10 Via del Lago Lake Elsinore, CA 92532 Shu Fen Gow 4 Via del Lago Lake Elsinore, CA 92532 Rodger W. Bradfield Melanie V. Bradfield 101 Via de la Valle Lake Elsinore, CA 92532 ~~~~ ~~ Kenneth Grant 3 Via de la Luna Lake Elsinore, CA 92532 .._. Ju-min Ko Fon-chiu M.Chen 12236 Malabar Dr. Poway, CA 92064 Ms. Connie Soto 141 Via de la V lle Lake Elsinore, CA 92532 Raymond A. Holts Donna L. Holts 5 Via del Lago Lake Elsinore, CA 92532 Roy L. Singleton 8 Via del Lago Lake Elsinore, CA 92532 ~ ~~., 1'~ ~~~ ova. David A. Starkey Peggy S. Starkey 2 Via del Lago Lake Elsinore, CA 92532 Cecilia T. Mallari Cesar C. Mallari 19533 Franciscan Ave. Corona, CA 92881 John T. Mattera Maria D. Mattera 5 Via de la Luna Lake Elsinore, CA 92532 T. ran A~nh inh Quynh-Nguyen 150 Via de la Valle Lake Elsinore, CA 92532 ~ .. _ _ ,_.L'~_. bb..... .sY IvaJ 1 '/`/ 11 ~r/ {~ amlaz Family T t 1 Via de la Valle Lake Elsinore, CA 92532 ~~,~~ ~~s~~~~'z 9 ~s~3~ ~. ~:~~~~.:. _ ...~~;: ~~~. 1 ~- .__.~___ 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: APRIL 10, 2007 SUBJECT: TENTATIVE PARCEL MAP NO. 34591 (FOR CONDOMINIUM PURPOSES), AND RESIDENTIAL DESIGN REVIEW NO. 2006-02 FOR LAKE ELSINORE CONDOMINIUMS APPLICANT: CREATIVE DESIGN ASSOCIATES, 17528 E. ROWLAND STREET, CITY OF INDUSTRY, CA 91748 OWNER: BLUE LAKE DEVELOPMENT, 2440 5. HACIENDA BLVD.,#113, HACIENDA HEIGHTS, CA 91745 LOCATION The subject site is located on the north side of Riverside Drive between Roberston Street and Lakeview Avenue, within Redevelopment Project Area No. 3, Parcel No. 4 REQUEST The applicant requests approval of Tentative Parcel Map No. 34591, and Residential Design Review No. 2006-02 to establish a residential condominium community within the High Density Residential District (R-3). The project will offer individual dwelling units for sale within each condominium building as defined by Tentative Parcel Map No. 34591, while sharing common interest, ownership and maintenance responsibilities within the common areas. These common areas include a barbeque area with an overhead wood trellis and seating walls located at the central area of the project site; open lawn play area; common walls and fences; aisle-ways; pavement; landscaped areas; and onsite underground and aboveground utility infrastructure improvements necessary to AGENDA ITE~~~ N®. ~~ PAGC I t%~-~ REPORT TO THE CITY COUNCIL APRIL 10, 2007 Page 2 of 3 service and support the condominium community. The air space for the common areas and the residential condominiums will also be established with the Tentative Parcel Map. BACKGROUND The project was reviewed by the Planning Commission at its regularly scheduled March 20, 2007, meeting. Upon review, the Planning Commission determined that the project is consistent with Title 16, Subdivisions, and the appropriate chapters of the Lake Elsinore Municipal Code (LEMC). Therefore, at the conclusion of the public hearing on March 20, the Planning Commission moved to recommend that the City Council approve the project subject to the conditions of approval attached to the staff report. DISCUSSION Items of discussion at the Planning Commission hearing were related to the site design, and Parcel Map improvements. The Commission expressed satisfaction with the design and layout of the proposed project. It was the majority consensus of the Planning Commission to accept staff's recommendation of approval. FISCAL IMPACT Ultimately, the proposed project will have a positive fiscal impact to the community and the City, in that a financial analyses of the project estimates that the future residents residing in the project will ultimately generate sales tax revenues for the City of Lake Elsinore. In addition to the sales tax revenue that will be generated by the project, it is anticipated that the development of the units will provide necessary construction jobs during the project's development. Finally, the project has also been conditioned to require that the applicant contribute fees toward traffic improvements, school facilities, park facilities, fire services, police services, water facilities, and sewer facilities. AGENDA ITEf~9 N0. `~'` PAGE a CAF ~ 7 REPORT TO THE CITY COUNCIL APRIL 10, 2007 Page 3 of 3 RECOMMENDATION The Planning Commission recommends that the City Council adopt the following Resolutions: • Resolution No. 2007-y~, adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan (MSHCP); and • Resolution No. 2007-ya, approving Tentative Parcel Map No. 34591; and • Resolution No. 2007- yam, approving Residential Design Review No. 2006-02. Staff recommends that the Agency Board concur with the City Council. PREPARED BY: HIRT A. COURY, PROJECT PLANNER APPROVED FOR AGENDA BY: CITY MANAGE~'l'S OFFICE ATTACHMENTS 1. Vicinity Map. 2. City Council Resolution No. 2007 y~ (Making Findings of Consistency with the MSHCP) 3. City Council Resolution No. 2007y~ (Approving Tentative Parcel Map No. 34591) 4. City Council Resolution No. 2007-~ ~ (Approving Residential Design Review No. 2006-02) 5. Conditions of Approval 6. Planning Commission Staff Report with Exhibits dated March 20, 2007. AGENDA ITEM N0. ~~ PACE 3 OF~ VICINITY MAP LAKE ELSINORE CONDOMINIUMS CITY COUNCIL AGENDA ITEf~ N0. (~,~ ~ PACE ` oF~ RESOLUTION N0.2007- `-I1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Creative Design Architects has filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2006-08, Tentative Parcel Map No. 34591 and Residential Design Review 2006-02 for the project identified as Lake Elsinore Condominiums (the "Project"); and WHEREAS, the Project Site is located on the north side of Riverside Drive between Roberston Street and Lakeview Avenue (the "Project Site"); and WHEREAS, Section 6.0 of the MSHCP indicates that projects which are proposed for development in an area not covered by an MSHCP criteria cell shall be analyzed pursuant to the MSHCP "Plan Wide Requirements" and that the City of Lake Elsinore shall make findings that the Project is consistent with those requirements; and WHEREAS, the Project Site is not located within a criteria cell, but was reviewed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, on March 20, 2007, the Planning Commission considered the Project's consistency with the MSHCP other "Plan Wide Requirements" and recommended that the City Council of the City of Lake Elsinore find the Project consistent; and. WHEREAS, public notice of the Project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on April 10, 2007 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER A5 FOLLOWS: SECTION 1. The City Council has considered the Project and its consistency with the MSHCP "Plan Wide Requirements" prior to making a recommendation that the City Council adopt Findings of Consistency. AGENDA IT'E~~ N0. PAGE S OF~ CITY COUNCIL RESOLUTION NO.2007- PAGE 2 OF 4 SECTION 2. That in accordance with the MSHCP, the City Council hereby makes the following findings regarding consistency of the Project with the MSHCP other "Plan Wide Requirements": 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, because the Project Site is not located within an MSHCP Criteria Cell, the Project is required to be reviewed for consistency with the following MSHCP "Plan Wide Requirements ": Section 6.1.2 Protection of Riparian/Riverine Areas and Vernal Pools, Section 6.1.3 Protection of Narrow Endemic Plant Species, Section 6.1.4 Guidelines Pertaining to Urban/Wildlands Interface, Section 6.3.1 Vegetation Mapping, Section 6.3.2 Additional Survey Needs and Procedures, and Section 6.4 Fuels Management. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. The Project Site is not located within an MSHCP Criteria Cell. Therefore, the Project was not processed through a LEAP or Joint Project Review. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. No Riparian/Riverine Areas or Vernal Pools are present on the Project Site. The Project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 6.1.3. No further action regarding this section of the MSHCP is required. 5. The Project is consistent with the Urban/Wildlands Interface Guidelines. AGENDA ITE~9 N0. p~,i PAGE_ ~ _OF~ CITY COUNCIL RESOLUTION NO.2007- PAGE 3 OF 4 The Project is surrounded by existing and/or approved development. Therefore, the Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the M5HCP are not applicable to the Project. No further action regarding this section of the M5HCP is required. 6. The Project is consistent with the Vegetation Mapping requirements. There are no resources existing on the Project Site that would be subject to the requirements of Vegetation Mapping set forth in Section 6.3.1 of the MSHCP. No further action regarding this section of the MSHCP is required. 7. The Project is consistent with the Additional Survey Needs and Procedures. The Project is not subject to Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. No further action regarding this section of the M5HCP is required. 8. The Project is consistent with the Fuels Management Guidelines. The Project is surrounded by existing and planned development. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. l0.The Project is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEh9 fd0. O21 PACE~_oF~ CITY COUNCIL RESOLUTION NO.2007- PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 10th day of April, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert Magee, Mayor City of Lake Elsinore ATTEST: Michelle Soto, Interim City Clerk, CMC APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) AGENDA ITEEt1 N0. t~,I PAGE~_OF ~~ RESOLUTION N0.2007- y~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 34591 WHICH SUBDIVIDES 1.05 ACRES OF LAND WITHIN THE HIGH DENSITY RESIDENTIAL DISTRICT (R-3) INTO ONE (1) LOT WHEREAS, Creative Design Architects has filed an application with the City of Lake Elsinore requesting approval of Tentative Parcel Map No. 34591, which subdivides 1.05 acres of land within the High Density Residential District (R-3) into one (1) lot (the "Subdivision"); and WHEREAS, the Subdivision is located on the north side of Riverside Drive, between Robertson Street and Lakeview Avenue (the "Site"); and WHEREAS, the City Council of the City of Lake Elsinore is responsible for making decisions pertaining to the subdivision of land; and WHEREAS, public notice of the Project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on April 10, 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 Tentative Parcel Map No. 34591 and finds that the subdivision is consistent with Title 16 of the Lake Elsinore Municipal Code. SECTION 2. Based upon all of the evidence before the City Council, it is hereby determined that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code § § 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to a class 32 exemption for in-fill development projects because: the Project is consistent with the City's general plan and zoning as further explained below; the subdivision of land occurs within the City's limits on five acres or less of land; the subdivision is surrounded by urban uses; the Project Site has no value as habitat for endangered, rare or threatened species as set forth in the MSHCP resolution; approval of the Project will not result in significant effects relating to traffic, noise, air quality or AGEN®A ITEP~9 N0. ~~ PAGE_~OF~ CITY COUNCIL RESOLUTION NO.2007- PAGE 2 OF 3 water quality because the Project involves construction of nineteen (19) residential units in a developed portion of the City; and, the site can be adequately served by all required utilities and public services as demonstrated by the will serve letter submitted by the applicant pursuant to the conditions of approval placed on the Tentative Parcel Map. SECTION 3. That in accordance with the Subdivision Map Act and requirements of the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Tentative Parcel Map No. 34591: 1. The Subdivision, together with the provisions for the design and improvement, are consistent with the General Plan, Zoning Code, Title 16 of the Municipal Code relating to Subdivisions, and the Subdivision Map Act. The Lake Elsinore Zoning Code designates the Site as High Density Residential (R-3). Consistent with that designation, the Subdivision will accommodate a multi family residential development with a density of up to 24 dwelling units per acre. The Subdivision is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan, Lake Elsinore Municipal Code, and Subdivision Map Act. 2. The Subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The Subdivision is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan and Lake Elsinore Municipal Code. Tentative Parcel Map No. 34591 is consistent with the R-3 designation and applicable development and design standards. 3. The effects this Subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The Subdivision is consistent with the City's General Plan, Zoning Code, and the Lake Elsinore Municipal Code. The Subdivision will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impacts. AGENDA ITE~r~ N®, OZ~ PACE /~_OF~ CITY COUNCIL RESOLUTION NO.2007- PAGE 3 OF 3 4. The design of the Subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The Subdivision will comply with all appropriate conservation requirements of the City and Uniform Building Code. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 10th day of April 2007, by the following vote: AYES: COUNCILMEMBER5: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert Magee, Mayor City of Lake Elsinore ATTEST: Michelle Soto, Interim City Clerk, CMC APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) AGENDA ITE~A N0. ~~ __, pAGE___~,(___OF ~7 RESOLUTION N0.2007- W~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW N0.2006-02 WHEREAS, Creative Design Architects has filed an application with the City of Lake Elsinore requesting Residential Design Review approval for the Lake Elsinore Condominium Community and ultimate development within Parcel Map No. 34591 (the "Project"); and WHEREAS, the project is located on the north side of Riverside Drive, between Robertson Street and Lakeview Avenue (the "Site"); and WHEREAS, the City Council of the City of Lake Elsinore is responsible for making decisions regarding Design Review requests for residential projects; and WHEREAS, public notice of the Project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on April 10, 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 design and building elevations for the Lake Elsinore Condominium Community and has found them acceptable. The City Council finds and determines that the Lake Elsinore Condominium Community design is consistent with High Density Residential District (R-3) development standards. SECTION 2. Based upon all of the evidence before the City Council, it is hereby determined that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to a class 32 exemption for in-fill development projects because: the Project is consistent with the City's general plan and zoning as further explained below; the subdivision of land occurs within the City's limits on five acres or less of land; the subdivision is surrounded by urban uses; the Project Site has no value as habitat for endangered, rare or threatened species as set forth in the MSHCP resolution; approval of the Project will not result in significant effects relating to traffic, noise, air quality or AGENDA ITE~A N0. ~~ PAGE.., QF~ CITY COUNCIL RESOLUTION NO.2007- PAGE20F3 water quality because the Project involves construction of nineteen (19) residential units in a developed portion of the City; and, the site can be adequately served by all required utilities and public services as demonstrated by the will serve letter submitted by the applicant pursuant to the conditions of approval placed on the Residential Design Review. SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter 17.82, the City Council makes the following findings for the approval of Residential Design Review No. 2006-02: 1. The Project complies with the Goals, Objectives and Policies of the General Plan and the Lake Elsinore Municipal Code, as approved. The General Plan designates the Project site as "Future Specific Plan Area J. " The Lake Elsinore Zoning Code designates the Project site as "High Density Residential R-3. " Parcel Map No. 34591 and the Lake Elsinore Condominium Community will collectively lead to the construction of a multi family condominium development that is consistent with High Density Residential District (R-3) standards. 2. This Project complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that it will result in the construction of multi family attached units in accordance with appropriate development and design standards contained in High Density Residential District (R-3). The Project creates interest and varying vistas as a person moves along any street within the Lake Elsinore Condominium Community. The Project also complements the quality of existing neighboring development and will continue to provide visually pleasing design and architecture within the vicinity. 3. Conditions and safeguards pursuant to Chapter 17.82.070, 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 General Plan, Municipal Code, and Zoning Code. AGENDA ITEM N0. °~~ PAGE~_0~~ CITY COUNCIL RESOLUTION NO.2007- PAGE 3 OF 3 The Planning Commission has considered the Project and finds that with the attached conditions of approval, the Project complies with the purposes and objectives of the General Plan, Municipal Code and Zoning Code. SECTION 4 This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 10th day of April 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert Magee, Mayor City of Lake Elsinore ATTEST: Michelle Soto, Interim City Clerk, CMC APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) AGENDA ITEEdi N0. oZ~ PAGE~OF~ CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP NO. 34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 FOR LAKE ELSINORE CONDOMINIUMS 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 Conditional Use Permit No. 2006-08, Tentative Parcel Map No. 34591, and Residential Design Review No. 2006-02, and (Lake Elsinore Condominiums) project attached hereto. CONDITIONAL USE PERMIT NO 2006-08 2. Conditional Use Permit No. 2006-08 approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site. 3. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code; Title 17 unless modified by approved Conditions of Approval. 4. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 5. Prior to final certificate of occupancy of the Conditional Use Permit, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 6. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below 50 decibels between the hours of 7:00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. Plannin~~ (;~~mmi:;ion .AE~~~c~n~cd Ciro (;cnuicil .Ah~~r<~~-cd _A~,r;l 1n, ?uu- AGENDA ITEM N0. ~1 PAGE,~S___OF~ CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP NO. 34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 FOR LAKE ELSINORE CONDOMINIUMS 7. Security lighting shall be required. 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. TENTATIVE PARCEL MAP N0.34591 8. Tentative Parcel Map No. 34591 will expire two (2) years from date of approval unless within that period of time the CC&R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 9. The Tentative Parcel Map 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. lO.Prior to final certificate of occupancy of Tentative Parcel Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 11.Prior to the first certificate of occupancy the applicant shall prepare and record CC&R's against the condominium complex. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC&R's shall establish methods to address design improvements. 12.The applicant shall incorporate specific language into the CC&R's which restrict exiting at the secondary access to emergencies only. 13.No unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess l'l.innin~ Crnnmi,si~m .A~~hc~>~~ccl \I;trdi ?u, ?iiiC Cite C~~urcil .11~~n~o~-ed 11irt1 1O, ?UU- o`~.t AGENDA 17EN1 N0. ^ pAGE~OF~ CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP NO. 34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 FOR LAKE ELSINORE CONDOMINIUMS all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 14.The CC&R's shall expressly designate the City of Lake Elsinore as a third party beneficiary to the CC&R's such that the City has the right, but not the obligation, to enforce the provisions of the CC&R's. 15.Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. 16.Membership in the Home Owner's Association shall be mandatory for each buyer and any successive buyer. 17.Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed, and embody one (1) homeowner's association with common area for the total development of the subject project. 18.In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 19.Each unit owner shall have full access to commonly owned areas, facilities and utilities. I'lannin~ Couuni~~ion .A~~~~co~ cd Cih Council .Ap~~co~-cd Li rdi ~i i, ~~ Ii )- .A~~ril 10, 2Ui) AGENDA ITE~1r1 N0. ~~ PAGE~OF~ CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP NO. 34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 FOR LAKE ELSINORE CONDOMINIUMS 20. Developer shall incorporate Canary Island Date palms into residential landscaping wherever possible and comply with Lake Elsinore Municipal Code (LEMC) Chapter 5.78 in the removal and relocation of all significant palms. Developer shall donate and relocate all Canary Island Date Palms not inclusive of residential landscaping (as approved by the City's Landscape Architect), at the developer's expense to locations within the City as identified by the City in compliance with LEMC Chapter 5.78 (as amended at Planning Commission meeting on March 20, 2007). 21.The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. RESIDENTIAL DESIGN REVIEW N0.2006-02 22.Design Review approval for Residential Design Review No. 2006-02 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 23.Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 24.A11 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 Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 25.A11 roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded l'I.uuiiu~~ (:c~mmi;;i~>n .Aj~~~ro~ccl Ci~c Council _Ap~~ro~-ed \I~.irch '_u, ?n(i- \pcil lQ, 20Q~ AGENDA ITEM N0. ~~ PAGEF~ CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP NO. 34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 FOR LAKE ELSINORE CONDOMINIUMS by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 26.A11 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. 27.No exterior roof ladders shall be permitted. 28.Applicant shall use roofing materials with Class "A" fire rating. 29.The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 30.Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 31.Decorative paving shall be included at the drive entryways and shall be shown on the construction drawings submitted to Building and Safety. 32.On-site surface drainage shall not cross sidewalks. 33.Parking stalls shall be developed pursuant to the requirements of the Lake Elsinore Municipal Code (LEMC). 34.A11 exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO BUILDING/GRADING PERMITS 35.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. Pl:uuiin~; Cnnunis;ion .Ahhro~ cd Citt~ Council .A~~j~rot cd \Lu~cli ~~i, ?UU~ \pcil 10, 2UQ AGENDA ITE~r~ tJO. ~.~ PAGE ~ ~ OF ~ CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT N0.2006-OS, TENTATIVE PARCEL MAP NO. 34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 FOR LAKE ELSINORE CONDOMINIUMS 36.Prior to the commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject to the review and approval of the City Engineer. A bond may be required to pay for damages to the public right-of -way, subject to the approval of the City Engineer. 37.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 Community Development Director 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. Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of thirty feet (30) apart and at least twenty-four-inch (24") box in size. c. All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d. Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e. Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special I'I~.uinin,, (:~nnmi;~i<m .A~~~~ro~c~l (:in~ (;~~uncil .A~~~u~o~ec1 \Lu~ch ?ii, Znli- \~~ril lii, 2~~u- ACENDAITEM 1110. _o?.~ PACE_~ OF~ CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP NO. 34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 FOR LAKE ELSINORE CONDOMINIUMS attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j. Final landscape plan must be consistent with approved site plan. k. Final landscape plans to include planting and irrigation details. 38.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District (EVMWD). Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 39.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 40.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 41.Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. PRIOR TO ISSUANCE OF A BUILDING PERMIT 42.The Home Owner's Association shall be established prior to the occupancy release of the first dwelling unit. 1'Luuiin,_~ C~xiunie,i~m.A~~~~a~~cd Cih~ (:ouncil .A~~nx~c-c~l \Lirch Vin, ?iln, .A~~ci( lf), 2[IU AGENDA ITE~iI N0. ~~ PACE ~/ pF~ CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP NO. 34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 FOR LAKE ELSINORE CONDOMINIUMS ENGINEERING 43.A11 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. 44.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85- 26). 45.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. 46. Construct all public works improvements per approved street plans (LEMC 12.04). All streets providing access shall be constructed prior to issuance of first certificate of occupancy. 47. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 48.Construct 24-foot wide off site street improvements from the westerly edge of the project on Shrier to the connection of Riverside Drive "^'~°~~~^„ c+~'°°+. ~~ > > All improvements shall be full structural section, Asphalt over Class II Base, consistent with the local road designation (as amended at Planning Commission meeting on March 20, 2007). 49.Construct 24-foot wide off site street improvements from the easterly edge of the project site to Robertson Street, 24 foot wide, from Shrier Drive to the connection with Riverside Drive r'„~~°r~^„ ~+r°°+. All improvements shall be full structural section, Asphalt over Class II Base, consistent with the local road designation (as amended at Planning Commission meeting on March 20, 2007). SO.Dedicate full half width right-of--way of ~A-20 feet plus a 10 foot easement (30 feet total) as measured from the project property line to the centerline of Shrier Drive (as amended at Planning Commission meeting on March 20, 2007). ('Iannin~ C~~uuni::ioit .A~~~ico~ cd Cite Council .Ap~u~o~-ed JLircl~ ?i~, ?un- .Ahril lU, 2f10- AGENDA I~d'Ei~l ND. ~l PAGE ~ OF~ CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP NO. 34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 FOR LAKE ELSINORE CONDOMINIUMS S 1.Construct full half width street improvements along the project frontage of Shrier Street. Improvements shall be consistent with the City's local street standards for structural section thickness. This improvement shall include the construction of tapers from the proposed improvements to the off site improvements required above. 52.Dedicate full half width right of way such that the frontage along Riverside Drive measures 60-feet from the road centerline to the project property line. 53.Construct full half width street improvements along the project frontage of Riverside Drive. The improvements shall measure 48-feet minimum as measured from the centerline of the street to the curb face adjacent to the project frontage. CALTRANS encroachment permits will be required for this work. 54.Construct a roadway taper at both ends of the project frontage of Riverside Drive. The taper shall have a minimum transition rate of 10:1 and shall extend from the proposed improvement north and south to the corresponding existing edge of pavement SS.Drive isle clear width shall comply with Fire Department requirements. 56.Sight distance on all on-site and public streets shall conform to CALTRANS requirements for sight distance. 57.Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements within the existing Street Right-of way(LEMC 12.08 and Resolution 83-78). 58.A11 compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 59.The applicant shall install permanent bench marks in accordance with Riverside County Standards. I'I~.uu~in;~ Conuni"ion .A~~~~ro~ ccl City Council .A~~pro~ ed .Ahril lU, 2U0 P~cE a3 0~~ CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP NO. 34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 FOR LAKE ELSINORE CONDOMINIUMS 60.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to building permit issuance. 61.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. 62.Provide fire protection facilities as required in writing by Riverside County Fire. 63.Direct access off of Riverside Drive shall not be allowed. 64.Provide street lighting and show lighting improvements as part of street improvement plans on both Shrier Drive and Riverside Drive. The spacing of the street lights shall conform to the City Standard street light spacing. 65.Street lights constructed along Riverside Drive shall be 22,000, HPSV. The street lights constructed along Shrier Drive shall be 9,500 HPSV. 66.Developer shall annex to the City's Street Lighting and landscaping Maintenance District. 67.Developer shall install blue reflective pavement markers in the street at all fire hydrant locations in accordance with City Standards. 68.Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to first occupancy. All traffic control devices shall be installed prior to final inspection of public improvements and issuance of first certificate of occupancy. This includes No Parking and Street Sweeping Signs for streets within the tract. 69.A11 improvement plans shall be digitized and submitted at Certificate of Occupancy. The applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 70.A11 utilities except electrical over 12 KV shall be placed underground, as approved by the serving utility. I'lannin~~ (;ontoli::ion _A~~~~a~~'ec1 (;i~~' (:~~uncil .Ap~~ec~~-ecl ~Lu~cl, ?n, ~(ni- ~('~~,?(1U- AGENDA i i ~:~:~ ~~0. PAGE~OF----1'-' CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP NO. 34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 FOR LAKE ELSINORE CONDOMINIUMS 71.Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 72.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 73.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. Documentation from a licensed geologist or geotechnical engineer certifying the non-existence of this conditions will also be acceptable. 74.A11 grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1, if applicable, for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured and constructed with drainage ditches every 30-vertical feet. 75.Prior to commencement of large scale grading operations, applicant shall provide to the City 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. 76.Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a notarized and recorded letter of drainage acceptance or conveyed to an established drainage easement. 77.On-site drainage facilities located outside of road right-of--way should be contained within drainage easements shown on the final map. 78.A11 natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 79. Submit Hydrology and Hydraulic Reports for review and approval by City I'I:uuiint~ (;c~mniiaiun _A~~~irr~~~c~l Cih (:rnutcil .A~i~~r~~~-ed AG~e~~ ! ~'~~~a r~~®._ ~ ~o PACE aS 4~_.,..2-- CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP NO. 34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 FOR LAKE ELSINORE CONDOMINIUMS Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. The report shall verify impacts of storm water on existing facilities. 80.Applicant shall convey on and off site drainage to an improved drainage facility. 81.A11 drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 82.Provide on-site detention for the increased runoff produced by the project. 83.Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 84.Roof and yard drains shall not outlet directly through cuts in the street curb. Roof drains shall drain through a minimum of twenty (20) feet of landscaped area. 85.10- 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 are exceeded, drainage facilities should be installed. 86.A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. 87.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 88.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 Storm Water Pollution Prevention Plan (SWPPP) for construction activities and a Water Quality Management Plan (WQMP) detailing the permanent clean water features. The WQMP shall include a maintenance program, for post construction compliance with the City's Clean Water Runoff Program. I'I;uuiin~ C~wlulis:i~>n .AE,~,r~,~~cc1 Cir, (:rnulcil .Ap~~to~ ed \[~,u'ch ~'(~, inn- \~~ril IU,?UO~ AGENDA iTE~+A N0. ~~ PAGE o?~i OF~ CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP NO. 34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 FOR LAKE ELSINORE CONDOMINIUMS 89.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. 90.Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 91.Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space, private roads and proposed drainage/debris basins. 92.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. COMMUNITY SER VICES DEPARTMENT 93.Applicant shall pay applicable park fees. 94.No park credits shall be given for private park areas, open space, or recreation facilities constructed within the development. 95.The developer shall utilize CR&R for all construction debris removal, hauling, and recycling as per City ordinance. 96.The City landscape architect shall review and approve all landscaping plans. 97.The Home Owner's Association (HOA) shall maintain all landscaped areas, open space, and all interior plantings. 98.The Home Owner's Association (HOA) shall maintain all block walls and keep them free of graffiti. Plannin~~ Counci:<>ion .A~~~~ro~'cd \Lircl~ ?tl, ?~in- City' Council .Ap~>ro~-cd .April 1U, 2QI1- AGENDA ITEiM N0. 0~1 PACE~OF~ CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP NO. 34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 FOR LAKE ELSINORE CONDOMINIUMS 99.A11 interior roads, street signs, street markings, sidewalks, enhanced concrete to be maintained by the Home Owner's Association (HOA). DEPARTMENT OF ADMINISTRATIVE SERVICES 100. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into the Mello-Roos Community Facilities District 2003-1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Applicant shall make a four thousand two hundred dollar ($4,200) non-refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655-3900 x334 or danderson(a~harris-assoc.com. 101. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into the Mello-Roos Community Facilities District 2006-5 to fund the on-going operation and maintenance of the new parks, parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Applicant shall make a four thousand two hundred dollar ($4,200) non-refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655- 3900 x334 or danderson(a~harris-assoc.com. 102. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-of--way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right-of--way for which the City will pay for electricity and a maintenance fee to Southern California Edison. Applicant shall make a four thousand seven hundred dollar ($4,700) non- refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655-3900 x334 or danderson(a~harris- assoc.com. 103. Prior to the issuance of any building permit for the Project, Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as Plannin Conunu~ion :A~~~~rc~~ cal Circ Council _A~~~~roc ed .March ?(I, ?iin- \~~ri( lU~~- AGENDA ITE~~9 N0. PAGE oZ ~ OF~ CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP NO. 34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 FOR LAKE ELSINORE CONDOMINIUMS affordable housing units in accordance with the requirements of Section 33413(b)(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee at the rate of $2.00 per square foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square footage within the perimeter of a residential structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. RIVERSIDE COUNTY FIRE DEPARTMENT 104. The applicant shall comply with all requirements of the Riverside County Fire Department. Fire protection measures shall be provided in accordance with Riverside County ordinances and/or recognized fire protection standards. P~anuin~~ (:~~nuni>:i~~n .A~~~~r~~~ i ~l Cite (.~~uncil _A~~~~c~nccl \~n~il i~~, 2(?U, AGENDA ITEA N0. ~~ PACE a9 OF~ CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION TO: FROM: DATE: PREPARED BY: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT MARCH 20, 2007 KIRT A. COURY, PROJECT PLANNER PROJECT: CONDITIONAL USE PERMIT N0.2006-08, TITLE TENTATIVE PARCEL MAP NO. 34591 (FOR CONDOMINIUM PURPOSES), AND RESIDENTIAL DESIGN REVIEW NO. 2006-02 FOR LAKE ELSINORE CONDOMINIUMS APPLICANT: CREATIVE DESIGN ASSOCIATES, 17528 E. ROWLAND STREET, CITY OF INDUSTRY, CA 91748 OWNER: BLUE LAKE DEVELOPMENT, 2440 S. HACIENDA BLVD.,#113, HACIENDA HEIGHTS, CA 91745 PROJECT REQUEST The request before the Planning Commission is for the following discretionary applications: • Conditional Use Permit No. 2006-08. Approve Conditional Use Permit No. 2006-08 to allow for nineteen (19) individually-owned attached condominium units within an underlying common area pursuant to Chapter 17.74 (Conditional Use Permits) and applicable chapters of the Lake Elsinore Municipal Code (LEMC). • Tentative Parcel Map No. 34591. Recommend approval of Tentative Parcel Map No. 34591 (For Condominium Purposes), pursuant to Section 16 AGENDA ITEe~1 N®. ~ -- PACE 30 OF 7 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP N0.34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 .MARCH 20, 2007 "Subdivisions" of the LEMC, Chapter 17.30 (Condominiums and Condominium Conversions) of the LEMC and Section(s) 66424 and 66427 of the California Subdivision Map Act. • Residential Design Review No. 2006-02. Recommend approval of Residential Design Review No. 2006-02 for the design and construction of four (4) residential condominium buildings, which include nineteen (19) individually- owned attached condominium units and related improvements pursuant to Chapter 17.14 (Residential Development Standards), Chapter 17.28 (High Density Residential District), Chapter 17.30 (Condominium & Condominium Conversion), Chapter 17.66 (Parking Requirements), and Chapter 17.82 (Design Review) and applicable chapters of the LEMC. ENVIRONMENTAL SETTING EXISTING ZONING GENERAL PLAN ` LANr1 , , USE Project Vacant High Density Residential Future Specific Plan Area Site R-3 J North Single- Single Family Residential Future Specific Plan Area Family (R-1) J Residential South Vacant High Density Residential Future Specific Plan Area (R-3 J East Multiple High Density Residential Future Specific Plan Area Family (R-3) J Units West Vacant High Density Residential Future Specific Plan Area (R-3) J PROJECT LOCATION The subject site is located on the north side of Riverside Drive between Roberston Street and Lakeview Avenue. AGENDA ITE~ti NO.~_..r PAGE 3 ~ OF~ PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP N0.34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 MARCH 20, 2007 PROJECT DESCRIPTIONS Conditional Use Permit No. 2006-08 The applicant requests approval of a Conditional Use Permit to allow for nineteen (19) individually-owned attached condominium units within an underlying common area pursuant to Chapter 17.74 (Conditional Use Permits) and applicable chapters of the LEMC. The common areas and the residential condominiums will also be established with the required Conditional Use Permit. The Planning Commission can approve the Conditional Use Permit and can establish reasonable conditions with the Conditional Use Permit. Tentative Parcel Map No. 34591 The applicant requests approval of Tentative Parcel Map No. 34591 to establish a residential condominium community within the High Density Residential District (R-3). Condominium projects are defined as "subdivisions" pursuant to Sections 66424 and 66427 of the California Subdivision Map Act. Consequently, this project requires Planning Commission and City Council consideration pursuant to the requirements of Section 16 "Subdivisions" and Chapter 17.30 (Condominiums and Condominium Conversions) of the Lake Elsinore Municipal Code (LEMC). The condominium concept will offer individual dwelling units for sale within each condominium building as defined by Tentative Parcel Map No. 34591, while sharing common interest, ownership and maintenance responsibilities within the common areas. These common areas include a barbeque area with an overhead wood trellis and seating walls located at the central area of the project site; open lawn play area; common walls and fences; aisle-ways; pavement; landscaped areas; and onsite underground and aboveground utility infrastructure improvements necessary to service and support the condominium community. The air space for the common areas and the residential condominiums will also be established with the Tentative Parcel Map. Residential Design Review No. 2006-02 The following describes the various design components and features of the proposed Lake Elsinore Condominiums, including siting, circulation and parking layout; landscaping, walls and fences, and architecture. AGEPVDA ITEh4 NO.~_ PAGE 302 OF ~P~/ PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP N0.34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 MARCH 20, 2007 Siting The applicant is proposing to develop the vacant site with four (4) two-story detached residential condominium buildings, totaling approximately 26,965 square feet. The proposed condominium buildings will cover fifty nine percent (59%) of the project site and will be developed at a maximum density of nineteen (19) dwelling units per net acre. The project site is designated High Density Residential (R-3), which establishes a maximum density of twenty four (24) dwelling units per acre. The pavement and common areas will cover twenty six percent (26%) and thirty five percent (35%) of the site, respectively. The buildings will consist of two (2) six-unit condominium buildings, one (1) four-unit building, and one (1) three- unit building. The six-unit buildings will total approximately 11,152 square feet each. The four-unit building will total approximately 7,744 square feet. The three- unit building will total approximately 5,816 square feet. The condominiums will be comprised of three (3) bedroom, 2.5 bath units ranging in size from 1,351 square feet to 1,887 square feet. Each of the condominiums will be provided with an enclosed attached two-car garage. Each unit will also include kitchen, living room and washer and dryer facilities. The condominium buildings will be located along and parallel with Riverside and Shrier Drives. The proposed recreation area (i.e. barbeque area with an overhead wood trellis and seating walls) will be located near the center of the site. Further, the project has been designed to create open space areas between or adjacent to the buildings. The open space areas will then provide easy pedestrian access throughout the site, as well as providing opportunities for outdoor enjoyment. Pedestrian paths and stamped colored concrete walkways have been thoughtfully integrated into the site, providing for safe and efficient pedestrian and vehicular circulation. Circulation and Parking Layout Access will be provided along Shrier Drive via two (2) 50-foot drive approach entries. Also, decorative stamped concrete will provide definition at the entries and at strategic pedestrian crossings within the site, creating a vehicle calming device for safe pedestrian access. The driveways within the site are private streets and will be maintained by the Home Owner's Association (HOA). The width of the AGENDA fTE~~~ N®._~ PACE ~3 OF~ PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP N0.34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 MARCH 20, 2007 primary driveway, which loops around and through the entire site, will have a 50- foot right-of--way. The project provides two (2) enclosed parking spaces per dwelling unit. In addition, six (6) open guest parking spaces will be provided at strategic locations throughout the site. A total of forty four (44) parking spaces will be provided; meeting the Lake Elsinore Municipal Code (LEMC) requirement. Handicap parking will be provided as well, allowing for disabled access to the recreation area as required by the Building and Safety Division. Landscaping The project will provide a total of 8,306 square feet of landscaping throughout, or eighteen percent (18%) of the project site. The common landscaped area will be maintained by the HOA. "Green" courts with pedestrian walkways will be provided between the buildings. Landscaping includes assorted ground cover, shrubs and trees. The pedestrian walkways within the development will be augmented with turf, ground cover and various shrubs and trees. Walls and Fences Six-foot (6') decorative masonry walls will be located along the project perimeter. The proposed material is identified as split face with decorative pilasters. The applicant has identified that no monumentation is proposed with the project at this time. Architecture The distinctive architectural style offered for the proposed condominium buildings is a Craftsman design. The proposed Craftsman architecture is characterized by simulated wood out-lookers, low pitched gabled roof, pot shelves, ledger stone veneer accents; tapered columns, flat concrete the roofs, stucco sand-finished walls, stucco-finish decorative foam surround door and window trims, and sectional garage roll-up doors. AGENDA ITEM h)b. ~„1 PAGE ~ OF 7 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP N0.34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 MARCH 20, 2007 ANALYSIS Staff supports the requested applications for the following reasons: Conditional Use Permit No. 2006-08 City Planning and Engineering staffs have reviewed the Conditional Use Permit request and have no concerns. Conditional Use Permit approval is required to allow for the nineteen (19) individually-owned attached condominium units to be constructed within the project site. Chapter 17.30 (Condominiums and Condominium Conversions) of the LEMC states that: "The City realizes that certain uses have operational characteristics that, depending upon the location and design of the use, may have the potential to negatively impact adjoining properties, businesses, or residents. Said uses therefore require a more comprehensive review and approval procedure, including the ability to condition the project, in order to mitigate any detrimental impact. In order to achieve this, the Planning Commission is empowered to grant and to deny applications for Conditional Use Permits and to impose reasonable conditions upon granting of Conditional Use Permits." Considering the potential ramification to the general health, safety, comfort, or general welfare of the community, Staff has paid extra attention to specific details related to development of the proposed condominium project, including site planning, local street circulation, internal vehicular and pedestrian circulation, landscape buffering, private common area amenities (i.e. open lawn areas, barbeque area with an overhead wood trellis and seating walls etc.), architectural compatibility, and other related development and design issues. Staff believes the project is well-designed and addresses those design and development issues which support approval of the requested Conditional Use Permit. Tentative Parcel Map No. 34591 City Planning and Engineering staffs have reviewed the proposed Tentative Parcel Map and have no concerns, if required conditions of approval are satisfied. The proposed Tentative Parcel Map is consistent with development standards contained in the Lake Elsinore Municipal Code in terms of lot size, street widths, and other AGENDA ITEM NO. °2~ PACE 3s OF ~ 7 ? PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP N0.34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 MARCH 20, 2007 Planning and Engineering standards and requirements. The Tentative Parcel Map area is located within the High Density Residential District (R-3). The R-3 designation permits multi-family attached residential product. The proposed project is consistent with the R-3 designation. Tentative Parcel Map No. 34591 is required to establish the Lake Elsinore Condominium Community. The Tentative Parcel Map is consistent with Sections 66424 and 66427 of the California Subdivision Map Act, and Section 16 "Subdivisions" and Chapter 17.30 (Condominiums and Condominium Conversions) of the Lake Elsinore Municipal Code. Residential Design Review No. 2006-02 City Planning and Engineering Staff have reviewed the requested Design Review application and have no concerns. Staff believes that those design amenities and features associated with the project's siting; circulation and parking layout; landscaping; monumentation, walls and fences; and architecture have resulted in a well-designed condominium community. Staff believes that the project is compatible with those existing and future developments that neighbor the project site. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), this project has been deemed exempt pursuant to Section 15332. This section exempts "Infill" projects of 5 acres or less. No further environmental clearance is necessary. RECOMMENDATION It is recommended that the Planning Commission adopt the following Resolutions: 1. Resolution No. 2007- recommending that the City Council make Findings that the Project is consistent with the Multi-Species Habitat Conservation Plan (MSHCP). 2. Resolution No. 2007-_ approving Conditional Use Permit No. 2006-08 for the Lake Elsinore Condominium Community. AGENDA ITE@A Nd. 02 PACE 3lP oF~ PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP N0.34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 MARCH 20, 2007 3. Resolution No. 2007-_ recommending that the City Council approve Tentative Parcel Map No. 34591. 4. Resolution No. 2007-_ recommending that the City Council approve Residential Design Review No. 2006-02 for the Lake Elsinore Condominium Community. These recommendations are based on the findings, exhibits and conditions of approval attached to this Staff Report. PREPARED BY: HIRT A. COURY, PROJECT PLANNER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS 1. Resolution No. 2007-_ recommending that the City Council make Findings that the Project is consistent with the Multi-Species Habitat Conservation Plan (MSHCP). 2. Resolution No. 2007-_ approving Conditional Use Permit No. 2006-08 for the Lake Elsinore Condominium Community. 3. Resolution No. 2007-_ recommending that the City Council approve Tentative Parcel Map No. 34591. 4. Resolution No. 2007-_ recommending that the City Council approve Residential Design Review No. 2006-02 for the Lake Elsinore Condominium Community. 5. Conditions of Approval. AGENDA ITEhR fJO. ~-~ PAGE~pF~ PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT N0.2006-08, TENTATIVE PARCEL MAP N0.34591, AND RESIDENTIAL DESIGN REVIEW N0.2006-02 MARCH 20, 2007 6. Exhibits: `A': Vicinity Map `B': Tentative Parcel Map No. 34591 `C': Site Plan `D' : Landscape Plan `E' : Building Elevations `F' : Floor Plans `G' : Full Size Plans `H' : Colored Site Plan (presented at hearing) `I' : Colored Building Elevations (presented at hearing) `J' : Color and Materials Board (presented at hearing) PAGE_,_S OF !0 7 RESOLUTION N0.2007-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE EL5INORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Creative Design Architects has filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2006-08, Tentative Parcel Map No. 34591 and Residential Design Review 2006-02 for the project identified as Lake Elsinore Condominiums (the "Project"); and WHEREAS, the Project Site is located on the north side of Riverside Drive between Roberston Street and Lakeview Avenue (the "Project Site"); and WHEREAS, Section 6.0 of the MSHCP indicates that projects which are proposed for development in an area not covered by an MSHCP criteria cell shall be analyzed pursuant to the MSHCP "Plan Wide Requirements" and that the City of Lake Elsinore shall make findings that the Project is consistent with those requirements; and WHEREAS, the Project Site is not located within a criteria cell, but was reviewed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, public notice of the Project 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 March 20, 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 Project and its consistency with the MSHCP "Plan Wide Requirements" prior to making a recommendation that the City Council adopt Findings of Consistency. 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. AGENDA ITEM N0. °~~ PACE, 3` _OF~_ PLANNING COMMISSION RESOLUTION N0.2007-51 PAGE 2 OF 4 Pursuant to the City's MSHCP Resolution, because the Project Site is not located within an MSHCP Criteria Cell, the Project is required to be reviewed for consistency with the following MSHCP "Plan Wide Requirements ": Section 6.1.2 Protection of Riparian/Riverine Areas and Vernal Pools, Section 6.1.3 Protection of Narrow Endemic Plant Species, Section 6.1.4 Guidelines Pertaining to Urban/Wildlands Interface, Section 6.3.1 Vegetation Mapping, Section 6.3.2 Additional Survey Needs and Procedures, and Section 6.4 Fuels Management. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. The Project Site is not located within an MSHCP Criteria Cell. Therefore, the Project was not processed through a LEAP or Joint Project Review. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. No Riparian/Riverine Areas or Vernal Pools are present on the Project Site. The Project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 6.1.3. No further action regarding this section of the MSHCP is required. 5. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project is surrounded by existing and/or approved development. Therefore, the Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable to .the Project. No further action regarding this section of the MSHCP is required. 6. The Project is consistent with the Vegetation Mapping requirements. AGENDA ITET'~f N0. °?' PAGE~OF~ PLANNING COMMISSION RESOLUTION N0.2007-51 PAGE 3 OF 4 There are no resources existing on the Project Site that would be subject to the requirements of Vegetation Mapping set forth in Section 6.3.1 of the MSHCP. No further action regarding this section of the MSHCP is required. 7. The Project is consistent with the Additional Survey Needs and Procedures. The Project is not subject to Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 8. The Project is consistent with the Fuels Management Guidelines. The Project is surrounded by existing. and planned development. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. lO.The Project is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon 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. AGENDA ITE~dI N0. ~~ _ PAGE ~~ OF~ PLANNING COMMISSION RESOLUTION N0.2007-51 PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 20th day of March, 2007, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development AGENDA ITEhI N0. oZ' PAGE~_OF~ RESOLUTION N0.2007-52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO 2006-08 WHEREAS, Creative Design Architects filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2006-08 for the construction and establishment of nineteen (19) individually-owned attached condominium units within the High Density Residential District (R-3) (the "Project"); and WHEREAS, the Project Site encompasses 1.05 acres and is located on the north side of Riverside Drive, between Robertson Street and Lakeview Avenue (the "Project Site"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and either approving, conditionally approving, or denying conditional use permits; and WHEREAS, public notice of the Project 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 March 20, 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 Project and has found that it is consistent with the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission hereby finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Public Resources Code § § 21000 et seq.: "CEQA") and the Guidelines for Implementation of CEQA (14 California Code of Regulations §§ 15000 et seq.: "CEQA Guidelines") pursuant to a Class 32 categorical exemption for in-fill development projects. Specifically, the Planning Commission finds that the Project: AGENDA ITEM N0. ~. I PACE~OF ~ PLANNING COMMISSION RESOLUTION N0.2007-52 PAGE20F5 1. Is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations for the reasons set forth hereinbelow. 2. Will occur within the City limits. The Project Site is less than (5) acres and is substantially surrounded by urban uses. 3. The Project Site has no value as habitat for endangered, rare or threatened species. 4. Approval of the Project will not result in any significant effects relating to traffic, noise, air quality or water quality. 5. The Project Site can be adequately served by all required utilities and public services. SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter 17.74, the Planning Commission makes the following findings for the approval of Conditional Use Permit 2006-08: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. The Lake Elsinore Condominium Community will be developed at a density of nineteen (19) dwelling units per acre, which is consistent with the High Density Residential District, which accommodates residential development of up to 24 dwelling units per acre. The Project is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan and Lake Elsinore Municipal Code. 2. The proposed use will not be detrimental to the general health, safety, comfort, or welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. The Project will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near it. The Project will not be injurious to property or improvements within the City. All applicable City AGENDA ITEP~l1 N a' PAGE~OF~ PLANNING COMMISSION RESOLUTION N0.2007-52 PAGE 3 OF 5 Departments and Agencies have been afforded the opportunity for a thorough review of the Project and have incorporated all applicable comments and/or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress, and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or welfare of the surrounding neighborhood or the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required. The Project has been designed in consideration of the size and shape of the property, thereby strengthening and enhancing the immediate areas. The Project will complement the quality of neighboring existing and future uses by creating visually pleasing development. All applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the project and have incorporated all applicable comments and/or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress, and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. Approval of the Project will not result in significant new traffic impacts. The Project does not involve modification to the circulation system or roadway layout as it exists. The Homeowners Association (HOA) will be responsible for maintenance of the roadways. Surrounding roadways to the Project have been constructed in accordance with the Circulation Element of the General Plan and have sufficient capacity to service the Project. 5. The Project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The Project is appropriate to the Project Site and surrounding developments in that the condominium units and buildings have been designed with architectural and design features, treatments, and articulation which blend into AGENDA 9TENl N0._ o~,~ PACE. ~fS OF~ PLANNING COMMISSION RESOLUTION N0.2007-52 PAGE 4 OF 5 the landscape and topography of the area. Further, the Project will create a visually pleasing community that will not detract from existing and future development in the area in terms of architectural design, color and materials. 6. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. The Project has been reviewed and conditioned by all applicable City departments. Those conditions of approval ensure that the Project will not result in any significant adverse environmental impacts. 7. Conditions and safeguards pursuant to Chapters 17.74.050 have been incorporated into the approval of the Conditional Use Permit to ensure that the use continues in a manner envisioned by these findings for the term of the use. After extensive review of the Project it was determined that the conditions of approval imposed upon the Project ensure that adjoining properties and residents will not be negatively impacted by the Project. SECTION 4. Based upon all of the evidence considered, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby approves Conditional Use Permit 2006-08. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. AGEfdDA ITE;~i N0. °'21 PAGE~~F~I--- PLANNING COMMISSION RESOLUTION N0.2007-52 PAGE 5 OF 5 PASSED, APPROVED AND ADOPTED this 20th day of March 2007, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe Preisendanz Director of Community Development AGENDA ITE~dI N0. PAGE~~OF-----~--- RESOLUTION N0.2007-53 A 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 TENTATIVE PARCEL MAP N0.34591 WHEREAS, Creative Design Architects has filed an application with the City of Lake Elsinore requesting approval of Tentative Parcel Map No. 34591, which subdivides 1.05 acres of land within the High Density Residential District (R-3) into one (1) lot (the "Subdivision"); and WHEREAS, the Subdivision is located on the north side of Riverside Drive, between Robertson Street and Lakeview Avenue (the "Site"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land; and WHEREAS, public notice of the Project 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 March 20, 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 Subdivision prior to making a decision to recommend that the City Council approve the application. SECTION 2. The Planning Commission hereby finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Public Resources Code § § 21000 et seq.: "CEQA") and the Guidelines for Implementation of CEQA (14 California Code of Regulations § § 15000 et seq.: "CEQA Guidelines") pursuant to a Class 32 categorical exemption for in-fill development projects. Specifically, the Planning Commission finds that the Project: AGENDA ITE~clNO. °~'1 PAGE__~~1__DF~ PLANNING COMMISSION RESOLUTION N0.2007-53 PAGE 2 OF 4 1. Is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations for the reasons set forth hereinbelow. 2. Will occur within the City limits. The Project Site is less than (5) acres and is substantially surrounded by urban uses. 3. The Project Site has no value as habitat for endangered, rare or threatened species. 4. Approval of the Project will not result in any significant effects relating to traffic, noise, air quality or water quality. 5. The Project Site can be adequately served by all required utilities and public services. SECTION 3. That in accordance with the Subdivision Map Act and requirements of the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Tentative Parcel Map No. 34591: 1. The Subdivision, together with the provisions for the design and improvement, are consistent with the General Plan, Zoning Code, Title 16 of the Municipal Code relating to Subdivisions, and the Subdivision Map Act. The Lake Elsinore Zoning Code designates the Site as High Density Residential (R-3). Consistent with that designation, the Subdivision will accommodate a multi family residential development with a density of up to 24 dwelling units per acre. The Subdivision is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan, Lake Elsinore Municipal Code, and Subdivision Map Act. 2. The Subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The Subdivision is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan and Lake Elsinore Municipal Code. Tentative Parcel Map No. 34591 is consistent with the R-3 designation and applicable development AGENDA 1TE3~9 N0. 021 PAGE ~I9' OF~ PLANNING COMMISSION RESOLUTION N0.2007-53 PAGE 3 OF 4 and design standards. 3. The effects this Subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The Subdivision is consistent with the City s General Plan, Zoning Code, and the Lake Elsinore Municipal Code. The Subdivision will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impacts. 4. The design of the Subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The Subdivision will comply with all appropriate conservation requirements of the City and Uniform Building Code. SECTION 4. 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 approve Tentative Parcel Map No. 34591. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITE'~ NCB. ~~ PAGE~OF LP~ PLANNING COMMISSION RESOLUTION N0.2007-53 PAGE40F4 PASSED, APPROVED AND ADOPTED this 20th day of March 2007, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development AGENDA ITE~9 N©. 02~ PAGE,~~ ®F_____~-- RESOLUTION N0.2007-54 A 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 RESIDENTIAL DESIGN REVIEW N0.2006-02 WHEREAS, Creative Design Architects has filed an application with the City of Lake Elsinore requesting Residential Design Review approval for the Lake Elsinore Condominium Community and ultimate development within Parcel Map No. 34591 (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council regarding Design Review requests for residential projects; and WHEREAS, public notice of the Project 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 March 20, 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 proposed design and building elevations for the Lake Elsinore Condominium Community and has found them acceptable. The Planning Commission finds and determines that the Lake Elsinore Condominium Community design is consistent with High Density Residential District (R-3) development standards. SECTION 2. The Planning Commission hereby finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.: "CEQA") and the Guidelines for Implementation of CEQA (14 California Code of Regulations § § 15000 et seq.: "CEQA Guidelines") pursuant to a Class 32 categorical exemption for in-fill development projects. Specifically, the Planning Commission finds that the Project: 1. Is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations for the reasons set forth hereinbelow. AGENDA ITE~A N0. `~', PAGE~OF----~.- PLANNING COMMISSION RESOLUTION N0.2007-54 PAGE 2 OF 4 2. Will occur within the City limits. The Project Site is less than (5) acres and is substantially surrounded by urban uses. 3. The Project Site has no value as habitat for endangered, rare or threatened species. 4. Approval of the Project will not result in any significant effects relating to traffic, noise, air quality or water quality. 5. The Project Site can be adequately served by all required utilities and public services. SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter 17.82, the Planning Commission makes the following findings for the approval of Residential Design Review No. 2006-02: 1. The Project complies with the Goals, Objectives and Policies of the General Plan and the Lake Elsinore Municipal Code, as approved. The General Plan designates the Project site as "Future Specific Plan Area J. " The Lake Elsinore Zoning Code designates the Project site as "High Density Residential R-3. " Parcel Map No. 34591 and the Lake Elsinore Condominium Community will collectively lead to the construction of a multi family condominium development that is consistent with High Density Residential District (R-3) standards. 2. This Project complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that it will result in the construction of multi family attached units in accordance with appropriate development and design standards contained in High Density Residential District (R-3). The Project creates interest and varying vistas as a person moves along any street within the Lake Elsinore Condominium Community. The Project also complements the quality of existing neighboring development and will continue to provide visually pleasing design and architecture within the vicinity. AGENDA ITE~VI N0. °Z~ PAGE 53 OF~ PLANNING COMMISSION RESOLUTION N0.2007-54 PAGE 3 OF 4 3. Conditions and safeguards pursuant to Chapter 17.82.070, 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 General Plan, Municipal Code, and Zoning Code. The Planning Commission has considered the Project and finds that with the attached conditions of approval, the Project complies with the purposes and objectives of the General Plan, Municipal Code and Zoning Code. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby recommends that the City Council approve Design Review 2006-02 for the Lake Elsinore Condominium Community. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO.~ _ PAGEF~ PLANNING COMMISSION RESOLUTION N0.2007-54 PAGE40F4 PASSED, APPROVED AND ADOPTED this 20th day of March 2007, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development AGENDA ITEM N0. ~ ` PACE SS OF G 7 OrrNLR: ND>ES: ~ a °~ C.K. K9pPC d ASSOCIATES, TIC - 2%w s. RARRBA e<. 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SEC110N rn ate, M N io Z s ~_ Z p a~~ W KpJ'1 o Q Z°'n ~n tJ ~ U n O a ~oN a pl 4 ~ ~ ~• ~ ~ W w ~a~ fn Z E O Z O v 0 w a w v ~' w w 0 F- ~ ~ N Z o Z w VJ Q ~ ~ J i- o, vJ w W W u Z [C J T~ Vn N ua Dele OS/OCMOB vAa a IJa IroaIWT ry ScB 1•=20 ~I~ D By G02ED IPI r- Nlac auKro% IPT T- 0r9i61aO~s"n n4 .bb 01007.006 101 T- MR916 bn,i r n.wa a9r s"a 5 1 OF T I' PROJECT DATA RIMEgIME a:VEL[IPr[xT rn wr• ~•""`` ~-' rIM rlxL 4A N ~ . L L•It [ RSr9p. C• eLSlI 1 Ye fr eDxLMe iTKtr nr• p~rrputm. c• n+w ~ _ •• KV wxrslDl w[tL •~ rM. izaaaar z•w x wcrtwM avr. !»-nz-af. ri ri, Ipt, rv. a1 rcL• itanxna SWi[ IIJ l M- •+ kc<w L' eOrn c IM Ia. IJi ~. p•. tD. ilt p ~Ir n~KlzOns. c• n+w u . us s Iiv rnlr•cr• ulc u[x 20NING SIAarARY nlnws :oxtrc n tOO : ~~ r or •: i[r• L moss ii i!i si rui :ci~iam*a[ ~sK r• ma x , Kwlln KLwcD r wn p• wn K KK ..vase. use n wn vtarosEO KMII•• I w KR t.w! sr rMi jDMMRr. 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Ke tmrS. t-CY aMME r - mLS v l rts• sr rs n o v ur n m t x~ ~r ~ ~o e ~ m e ~ nJ l 19s+J 9u I KDI-Clv0.E-raTt -T~rLf T Ta i - yy fr M~CLM : i~Y H ~ - il! fr o a t-cM D.MDE r . M owK: + Ks trop . KD ~spr n~ _ llsa u zuwe nr1pp1ov - •rfs # evu°o~wr : :iKZl sr e~ - sl:~ls~ KD Rmni. L-CM MIME t lie llW~t - !Ki N KL r ~~: •zrs K LlvILE RDrI W • M.%! A PARKING SUMMARY MwrM Kwpce 1 cwcxv sr•cc. KY! I-rn oW vKE Ke wr. r-rn t p -••.za ..• vKCs •RrIW MavIK! M [wME1 t i MEx G[Sl Mt[r • •• frMEf DPEN SPACE ANALYSIS KWpES uK•KE Drew frMC• L1r.•,+r . i.u• u. t[WIKI LDVpt p[x sRKU h friuxlr t w • l+% Sr. R[WIKD Klvtt DrCM fM[[ Ke wlf• IID fJJUpr Iq wK xlo•M r 10 • I.er K. rpvrKD Uf[•a[ D•[x SMC[• e.tMN fJ. twIKO C HKU l,ffiJp ?f. rvpvlKD Mav°~rcw sr•CE• lAaul ff. VICINITY xTS SHEET INDEX wtt'#aaa4 M-In rxaXST MTN irrc RM b • •-pxl ewLero 1 nmt RM6 t t~ KM •-rtl MLtrG 11 rLmK KMf ~ t•x ~R~.£CT V rp t tus.ew u III rLM •- v flmew nr rLmt oL•.p ~ ~ •-waz aseew ns vov rLM •-pU FARYa N RDR rLM6 t aQ RM rii • •e ; :-x~n inwa ~ tiiv~ilwp +'~ • , : ® ® •-tW a,.rwa it ELEV•rwK .-tr anLrm nl aw•TmK •-tr ap.el+l6 h 0.w•tIO4 I aan aaw~ ~-•r °•°~•vui wi K•I"'sa i•r'~E t •-•p w•MOCe wt rows r•rc c •-•w cKMCCe wr rL•M r•rE e •-•r °c.rce wT lLrp Trrc [ M•r I iii °i TrK 6 i.t¢e w R ° iii cKwrce wr nMS r•rc x ' " aa•tur wr R•M rM J i-itv cvrtnTlr wumn •xe anxac rLM ~ L-I cacmm~ I.LrlDSCrt[ rL•x Lwlrw rLM ~ nr: : r i ~ v rn a - z i m a ae ?~-~ d ra a ~ ~ a ~ o a o a ~ co o a ~ o ~a o a o ~ u~ ~ arJ,r. -- Iar-r sr sx ss frr rrs rs•r s~ s-Ir r•Ir S M ER DR. a1a , _ . ~ ~ __ _ _ 1 ® ~~ i ~ .-n - ~ 9 ° • rr¢ wr.wL sa ° w M {/•1! W+ x ~ I~ ~ C •~ ° O b MI I•LDS 9O(i II DR I ° Y O p 42:!![y A trril A y~ ~ ~ Tamar wsw nM mf ® e • -~ r r ~ 3 ~I! .. 1 " I .._........ 2 1. irf " + ~~ aMpw r anln atr ® r ~.. .. ~ ~ r r 9Ot ° } ~ n ~ ,ff•Y-r• ° °BLD -111 ° t 5 ° °BL -11 ° ° s'Mt<Dr Sur rKE pv pxs s¢ 91E ~ _ ~rx ® 97P~E\ `:41:f! 'ilia! ° L L~ ° ~! . Y A!!IrRs !%:~S! `tAIT 'J5l`.1~7E 1. `!0!: 'Al:~ L=~^° , i/IEr ~ ~ - _ ~i ~d ~i I~ ~ ~~ ~- ® ® ® ® ® iim -A - • .. - r ^ _ w~1• w r a'•r 44 rYd• aatn N1 tY.Y w'-r Kd 7r~ tra' KJa• -- w--r trr K-r w+ 7r-T >r~ KX w-r nr-r arr-r r Ipt~ °p'r'°w~afs~ac~a%e.Mawa RIVERSIDE DR. atlas Ina Da•a Is aaDaac:I?armnenwz ---- --E--------- -- --~---- awta0 pr r4 W I •aswzr am str ru.aRrso arm M.I fpW titpa ~i apalf •pl f4 Nrap f 30 artdr K I Dra I SATE PLAN C\ C D A I+sn Irr•II vfa la ra Elsinore Blob Lake Pro at Data/ Site Plan D.I.: am caa 101 -~-- k~ v •YnND c xo ----- aAM°N aoa rAU Pd axL a'B'kr 0o I NtlAIANM YwmrauA T vm ~r'.~!L 13Zfi r x ~BttAao xiu rEn ° r" zi DOE .YWt ~A (LE~n,) ` ' ) .K ARtlARtt RAM ~ LAPOE sdEUl sNMw sua As Dd1aNMxIlEA d PNO1wA d I PKTAbA Or14NYS Si BOE CMwESE PISTACME (Y.D.) O YEpw SNMwS SLESI AS PxAPM01EP5 d YEMENI SALE ~V. ACCEYTIROw1M10 4MIR5 AKM ~K Eau+TAw dA¢ d EdrNar ur a0 MILExO5P0RIIY MWY )i DON I SYEEiSMAE (Y.D.) OD SYNL 1 CIL. ro .• POrs mwAAD COAfR such As DAr ur, sPAwsx uvEMxn, d CIIPNEA (CNM PIAAIt) 00 I tADFD1AA MP[iM)xDSA IID2 (U-LaM, IYI- YDDERAIE, (M} I WL. PME IPIMPEI IPEE (a0.) IPdI. IE} ELfAdESI, NI- ECqu0u1 ff/`^~~~ twx)MOwRr GIYrgRA ~ N' BOY CAYPNOI IY.E) ..vI Mr~wA•N ~.w `~;. DO CAS4A IE1roMYLLA _A I~~AI1N~1~~ MEx PMY 1REE5 YOx SNi gPMAIINa SMRUB AND nwf - IRMSFLOSPfwPN AASNNDOES PpdOYD SCPEEwNC fd wASr ENCLOSUE AEA s ~ PLANTING NOTES I. nAMrs sruu E a wl.l mAOE cafawlwC ro EA srANDAPO mADPrG CDOE o) NwsPr srocxs. AgIA4E POR 111E adTAPQ 9ZE, MEALIM, L1dR0U5 AYD ilx[ ANar MSEET MESIADd AID MSEAEa z wwE PPaadwES APnnw ro Au PLMwE: AEAS PIOOR ro wwr wTFRIAI srsrAU,AiEw- p) ALL OLDwS. PIId14L TIFFDS. ROaJ15, EIE. SMNS E EIEAEO {40Y 91E PPIOR 10 flMi wSTAWlIdI. Iz) ixllYl dAE AE EEE a wTEP ADOD<R AID dAOE ro arc EA]I Awsl Ta 6 4sws d PAVw4 CdwACid ro VLTMA' ALL dADwD MMw wM DPADEID PLNL 1 dDUMII CDLG NOCAIED AwA SHALL E Cd1wVOIK TINDER SNawa .. PLMTMa ADEAS wPa xAL[ MD dwna cDLnr YIALL ECOK I' YDL ixl[ wind DAwL As A P P OIMD COAE D . 1 TdS4L. s EDYMED. SMNt CaMSar ar SAxDr-LOM TEanNE fERME saa ww A PM PAMLE a 6.5 - ).5 A1D M EC.E VALLE nNT DDES Y01 CECEEO 10. 6. SQ PEPMAwIM- N1 PLMim MEAD SNNl ECFILE IME ECLLxMMD AYOwYFN1S Ppl t,Od 56 ff. of SOwACE MEA ROro-IDL AE)IOYF11rs ro A avTM OE e•. ~ (I) SOD LK d0-POxER. (2) . CUwC YARDS N1RaENZED. YF/1ERNl)m iw DAE d 11LDxOd SNAMM45 (>) APPLr PPE-EYEPGNT'A® IMIER (EVANa-STAVP)ER CNflRC/t cQ) 1q Ad a LDS a do-voPa cdMaurn wcASE a-e-e Pu awc rAw v wP IS) AWLY DAYPENEO ORDAIEC wllAl l• PIRMYM-dlf Na PLANwW AEAS ). PIMI fl15 91NL E 11PLE AS wE AIO DEEP AS nE PLVIT FOOT BALL BACEFlLL AM CDYPACr 10 D0; MM DDR E6AVAIED 4n 50. AHD AOZ M eAwc, IRR.E¢ DTExwX MOfro. PROxE d10-Pow.R PLAYi TPwETS AT M fd10YMD M1ES: 1 DAL-L 5 DIL-5. 15 GL-14 Ei Dd AMD UP- 11. a BACR)IIL id fFAMi AZALEAS NO CAMEWAS SMALL CON95i Of lE FplOwxa Mk I u a eaE-YEIL PER awc rMO ar m I/D CAMNxM PEAT YOSS I/J $AINY-LOAM IdSQ I/1 IFAE YMD E85. SM) DE ALL dawRC IFRDIIE]r PErt CODIC YARD sown tadcD a cdw.cTd ro PaTAU Axo YAwrAw PuxTwc w AamPOAxcE wTN Trc cDLeIDwID AICMMCCrs EDMdnn wTN Tr caMC aAOEIRIEZ Axo ffFOMCATYM IME¢ MOIW DnxAMISE w ncsE ions d a TE PLANS DAND. CaYxEn TOE t4 YAwtEAVAxS dGAiEwS sxNi Ew wLCUAT¢Y Ai1ER EAOI PLMT b flANTm ANO swu E EIE cad CO1TwI1ED SAnSEACTgDLY EDP A PEP100 K >b do Af1FA TN: THE a NL ITTDAS a RC xdM NAVE EEN rncLEnD ro nc sATISACTw a nc owm Aro LAMSCAE AROI. II. Ar M EMO a nE YAwTExANrE PERgO. 11C CdwAETdL 9uTS EMRST A SNN. wsECnax, r TE AEA w YDS YMIIAwEO ro nE SA1tYAC11Ox a nIE LA1w5CAPE AwzwECr. Ow41r d M wLFmww AENCr, nc YAwTdAwx reuAnd wu wxwRC a xo tosr ro TE Owlur do Au IIEYS NEEDMD ATR]InM EAM SADSEAEIIpI ro n4 AB01E LbnD PMtt. Tz. YAMTENAxE Ed )DGS YPMRRI 9D own waODED w caxwACt ro E As EMIONED: 1.> rxoPEx LRZIr xATf]wIG s TRES DNLr ry) ruwaA,Ew- E)ERTIY2E So do AE,m PLM111W (.) xLEn CdTPa- E-Afplr PPE-EYEP4ENT MEPBICIOE IF1EA :5 Mn l Dd1NUF AS MEEOEO (n PEST EdIRa- AS EmEo (r) CdIRACfd ro ERAwun ALL sEm QOxM PwaP ro NrOPOSFEDwc ARD PEPEAT xATEPMG . TwES DAar rd TllOltt-arc (a) CdSECVnvE oAn uxn ALL EEIDS wvE mdxArm u cdsTMrcTEw ARdwD EMSTwD Twos Ydr E cAPEflR1Y CdTPaLTm AIM wnD ro Aca¢ w amm ro YAwrAx PltafA SaE cannals YDI)ED PRIMG d TPE TwE cAIrDPrtS AM BIIANdIES sruuo E DaE AT IE OIXECi1M 6 A aILTxIm AMdINT ro EYDLE ANr o[M d DPOEEx DMNOIES AND ro PPOxOF TxE ECESSARY CIEMAHCE Sd M CDNSINUDTNx EdAPEl12 w' PCPwE1EN SPLIT FACE CDME ALL SEE M(N. PLAM couxttAao xAU AEP MCMIEC1ORµ RAN I ILDG -!V .~ ' I .w e 1 i'~:1,1 ~~~~i 3 1'Tt PPDPOSED sdEnPNC fd Z wASM FA'f105UE MCA n a T ~ N' PEMEICII SPLIT EAEE DOMc NL Sf.E MO1. PLAN z 0 0 I T ~ EDdttAw xALL PEA ARCHIECNRAI PLM n 5 I ~___ 1 E_ tia i :. PPOPOSCD Saww.la Pd wAar EN0.0YME AEA ?s s~ Z r' Sf>r ~~~~~I! caa"^,~~ cs# ~ag~ ~~Z a~a~ ,Y~7G l~ ~ ~ 8Y 3 z as ~ W a w cn U q zz O d U I-~ z O A z ~ o t, C1 W 7 OqO z z ~W~ wAw xWx ~a~ A,,,,P•- - Dao APEII MM xad wFltrs Axo zA• sEATxAu PPaoseDD sdml PLMiwc aoxc PPautt xnu `~ -, ,_ , - ~~ s ' ~.,, ~ ~ BLDG • if BLDG-rri _ .... ,_... ~.,:J ~'~ 6' PERR[IFR SPLIT rACF COME. w4L SEE MOT. PIAX PROPOED SCRRIING fYAI LLESI PNIwMD SPACE ------------'J r~x oww l-1 C D A ~;c;:1:1 11>.~ Ir11 • 1~f~r1~r D~~11n m. Z. a °v' m -=~ Q i TYPE G 4 BUILDING 1-NORTH ELEVATION ~~ ~~~s «_ ~~ 1.011/1[ TYPE H 9 BUILDING 1-WEST ELEVATIO H TYPE G TYPE G 2 BUILDING 1 • SOUTH ELEVATION ~ BUlLD/NG 1-EAST ELEVATION 1 KEY NOTES OOY 011. 000 AO,4. OOOIPOq OOOOt OOn W1 V ®11P[ O4R aUIM !1011 0111! lO0aR1( 10004 IOIP11011~ Oo• ~1 A~ OMY IOq!/10 OUO 1[1A --, POM IOOR 10.01001p M01 O01/S 11/1 At 11101 I 1 I BLDG 1 1 ®PR00• >O0a 0.a ~110110~ a110S 111/0/00 00011 ~ 111400 YE(0, 1....01 .1. Y1.1L 0.01 N1, 111051 ©.111. I.c m(s .101 .. 1/IYi euls.a rim I __ _ ___J ~11~n11a wo1a'RtM ~vola~t~i'oNS1o ® Oql( OY 0~11a4 01014'010i0G1 R~ f11 O AO-. RM ~g10u~ 00011p11a0e0 A~ >M ~J N Di a.u we mr.~olrm.+t.n1s1 ~ .Ia. frloc m wa 1011 or+1eY YeR 101 O[1011 ® KEY PLAN 0 A+>+~ mla.wol r Il.rt o erla K1o~ M••': ~-• 1~ 0 4oa w11 n111[ Elsinore Blu~ Lake oil.: Omar IA iTrtn s C D A ...., .. ,.,..,..o.., ~~ ~ k __... ~ 1 ~ - ____ ~~ __ 4 ~ 4 mmR ' ~ ~ ~ ~ ~ mu k T y - .. r - _ __-- _. -_ . _ __ _____________ _ __ - ----- --- - • ,~,u -- e l t ~ ~ _~~ k_ _ ~= ~, _ , ~ . r; _'~ >. ~' -'~=. -r =._. ~.... ~~ TYPE A TYPE F I - 1_ ~ TYPE J TYPE J ----- TYPE E TYPE A 4 BUILDING 2 -NORTH ELEVATION `/ m Z n D m Z ~. '17 ;,i^ 3 BUILDING 2 -WEST ELEVATION TYPE E TYPE E 2 Bf/ILD/NG 2 - SOUTH ELEVATION ~ BUILDING 2 -EAST ELEVATION KEY NOTES A Q Ool o08fi IOMaI\ 0Y~( Of 00 ®~,~ ~,.~..~ 4/0. mmee a..0. ®0.0/.,.844:a..w a. ar++i rxa. s. ans -- ------ -- ~ aoee OM.R 4M roi •r. a...: wr I8l xw :BLDG 2 E r ®0...0~00, 4..ODt 0~ 0~ri ~1 Oet 0A0 mm..,.0..a.~~.~~~,..~, ti ~ p _....4..~......ti 0...:.. en»~ ® re~er.s.na 4..f1~.. o...t or.s o ~~ ®~ a...~... e.,n..d...... >~ a.p..4...a... o~ ~.....,..~ N 0' waMaeaa.~aa.owt.e[s~ a "'0°' ri4 4s m a~ a.es om iuu e<~ KEY PLAN ® ,~:,.a-..P ~ sw src 4s.ia ou. m.+ec o ona anw 0 oioee wwc 1nuc Elsinore Blu Lake De lopmer . onr C D A c.eze ,~ ~r~1~~ ~t~ir i~i~~~er D~~~f~ ~: ~__.-._____._.._ '~'~.- ~ .i. -tr IdIpF T ~ .. --- ,_ - ~ .,... r .>._,:...-....M. ..,=~~-~ ., •., ,...... sx _ ~ was 'T' tvuc .. - .. a^.:....._. ^:~.. _ --- -ti ----- --------- - -- ---' e r ; r ~~ a •` r~ _ , . e i ~; t t ~ ~ -- ~ ... . - TYPE J TYPE A TYPE C TYPE J I _ , ~ .+,:~ ~, ~ TYPE C TYPE E TYPE A 4 BUILDING 3 -NORTH ELEVATION e 3 BUILDING 3 -WEST ELEVATION n m a °y ~ _ m --~ '~ Z 0 fi ,, ... _ _ TYPE J TYPE A 2 BUILDING 3 -SOUTH ELEVATION * S ~ La Elsinore ~ Co domfniums k w,s ov.+.ens cu..~. Blu Lake De elopment ~,.~> :v« -.~->.j4.~. TYPE E TYPE E ~ BUILDING 3 -EAST ELEVATION KEYNOTES ~ ee. sc aw.esc. carpe ee.c p. sue _ _ 8 ®1Rf ep~ fRei AR. p.pl epepl0e .Iep6 ~ ~ ®pie W W 0~ ip~ M Y~L IPtO~ !w t~~ ti ---. ---- ------; ' BLOC 3 ~ ~ ®per aaea pp..s~ err pra ~ pne ppw eeeer seoca pwe.a er p.pt ona w cope ~ ~ ~~0.ei ap i~lu~pitOleSb4l~p M1~ eeYIK 0p ep11 N~ pit tors eP ®~ a! rp ells piY peYyl ~r f9e © ~ ew.. dM w ue~ asra. arose a sn v N Qs.a pee mu.ra~a.pit.u fry ~Y PLAN ® ®•p• spa mire sps ee. arex asp nu p~61 0 .ae. s.a eww ..p m. p.+ea V aea peep o~~^~ Buf dln 3 Ele ations co• •, n•~ ~• eur aas .: epa I A~20 C D A I.1,. ,~:,e; ~. Elsinore Lake m z w~ `t w~a~ m R1 ~ ~ ~° 010110 O0001 Q Ot ...I.I.. • .RO. - O TI ~~~ ~ 6 PERIMETER WALL ELEVATON 4 BUILDING 4 -NORTH ELEVATION scue rm.ro uw 0lOlt v rol.a.. f~f o ul. ~ ~ TRASH ENCLOSURE ELEVATION ~ 5 ,~„F.1M.1a 8 ___ - 1 __ ___J BL 4 KEYPLAN N KEYNOTES us •r, oet sv.c. a~ .Ir1t s• as ®~ lomt aro mac eaMr wmelt .orn 04II fr®, OY1IYOx ti OIM; OM®n1 ~/u II1J0 Q a.arl sslw aue'1.or a. ~ a ni eno ® e.a.r nm, las .a a. o..s .~ a..l Ita. 11100• PIQ4 01161 M1 Y11 DIMS OR011111 Of1w7 © r00 0011 OOtO 011G1 M OM7 N110O 01TR ~0001OMY1 aK 11W ~1P10Yr• OMO. M7 4 ®.~.. m...a.l...~. O..11.I~.q O 1,er.. a. M1/1. a..ot la.(m.n. s1l 01 /.a (/ec aoua ..a all a.1~s..1 s 1 np LIOR OOlO ~p10r•1 la1e1 C00ot 11110[N0/ q0 0Mf. 011/1011p100~ DIMS 0Y di 000 0 loos uo.e 10YR col r, r n'.,~.... asw. o A-Ie TYPE B 2 BU/LD/NG 4 -SOUTH ELEVATION TYPE B TYPED TYPE B rLBUILDING 4 -WEST ELEVATION n m a y° ~ _ m -~ S~ wZ 0 0 nre G BLDG I -NORTH e BLDG N -NORTH ~/1 NORTH STREET ELEVATION - SHR/ER DR. 8 lip K I 1 I I ~_ - --~ I ~~ ~~ 1 . _ - r0~ R N s~Yrv~ ~!1 SO(!~H STREET ELEVATION - RIVERSIDE OR. C ,D A ....,,...,.,..,.. o ., Elsinore BIU! j.elf@ ~.i~: soot m r e I i i I n m O O BUILDING 1 -ROOF PLAN 3 ~ „r ,Q e K-Ir ~ ?~ ~. UN1T 2 UNIT 1 ~, - '" a -- ~~TYPE H TYPE (i -- s` . I { __ __ 1 t __ F;~-."UNIT4 UNIT3 r>.. * , +r ~ ~~ `~ <°;TYPE H TYPE G ~ ~.~ ,~ s ~!1 BUlLD/NG 1- 1ST FLOOR PLAN \I a ~ ..,.~...,.,...A o;r;; ,,:;:; ~.,,,., [arri ho.r.o.+n~~*o+ak Lak Elsinore Co ominlums .... oW.n. Blu Lake De lopment Ro Plan •. wn D~1 " ~OLlq A~ 101.1 ~^ SU/LD/NG 1- 2ND FLOOR PLAN BUILD/NG 2 - 2ND FLOOR PLAN \ /• 2 ,~ ~ ~~ ,, r ... ., .., .-.,. ..__.. .. _.. , ti z. ; ~; ? ` Y~ ~ ~~ . k t i ._ ~ ~ S' ~. // i Qg I/ f, ... ... ~ .;h~' ~ S _ ~ r __ ____ __ y n --- - -- I - - ~ - - , - - - - n ~ __ - .4. ~ ~ UNIT 10 UNIT 9 UNIT 8 UNIT 7 UNIT 6 UNIT 5 fl'1 ~ TYPE F TYPE A TYPE J TYPE J TYPE A TYPE E m ~ ~ ~ •~ ~ ~ d t ___ ~ ~ _ _ _ __ _ ; ~, i / Q T ' BUILDING 2 - 1ST FLOOR PLAN e~~e ~ ~ l"~ e t S C D A .OF <I ll ill O~IlI f}VIII rr I.~.n.~ D.ai1n Elsinore Lake A~ 102.1 C D A o:.=: ~; ,,:.,,., .,.,.,,.,o..;,. ~..'.~....~.m„4 La Elsinore Co dominlums ~.... d,..,e„ BI Lake De elopment -~ „~ e a n m a 5°, m m ~ Z O O O ~ Z BUfLOfNG 3 - 2ND FLOOR PLAN [/~~ ,J ~~.r.~d ~V 1 BUILDING 3- 1ST FLOOR PLAN ~ /~ o:; ~~;~~ 03.1 ,,, . e Elsinore Lake n m z m --I m ~~ -~J o O ~~ E -~ 9 BUILDING 4 ROOF PLAN ~ /~ ~^ BUILDING 4- 2ND FLOOR PLAN ~~ ,.__.., _.., ...._.s r. .....~ .,.._.._, t" . °,_ ~ .3 2 „~ `~ ~' ._ .. _. Q , .:} rn .~. ,-, ../~. ~ - . e. d. ___ ._ .. <~, ,. a ,~ UNIT 17 UNIT 18 UNIT 19 TYPE B TYPED TYPE B s f BUfLD/NG 4- 1ST FLOOR PLAN ~~! Plan A~104.1 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: APRIL 10, 2007 SUBJECT: PUBLIC HEARING FOR CONSIDERATION OF OBJECTIONS TO THE CITY'S WEED ABATEMENT PROGRAM BACKGROUND Pursuant to City Municipal Code, Chapter 8.32, Weed and Rubbish Abatement, the City held a Public Hearing on February 13, 2007, to adopt a resolution declaring weeds, rubbish, refuse and dirt on private properties to be a nuisance and order the abatement thereof. The City is also required to hold a Public Hearing to consider any objections by property owners to the proposed removal of weeds, rubbish, refuse and dirt should the owners neglect to clear their properties. DISCUSSION Weed Abatement notices were mailed to approximately 8,200 property owners following the Council's adoption of Resolution 2007-16, declaring weeds, rubbish, refuse and dirt on private properties to be a nuisance. Property owners will have until May 1St, 2007, to abate their parcels. Should the City's staff abate a property beginning May 2°d, 2007, the owner will be assessed the cost of abatement $0.020 per square foot plus a $306.00 Administrative Fee. FISCAL IMPACT None. All costs will be recovered through a Tax Lien, including the Administrative Fee of $306.00 per parcel. ~~~~~ ~~=..~z REPORT TO CITY COUNCIL APRIL 10, 2007 PAGE 2 OF 2 RECOMMENDATION It is recommended that the City Council open the Public Hearing and give due consideration to any objections presented by the public on this date. PREPARED BY: KEN SEUMALO, DIRECTOR OF PUBLIC WORKS l~ APPROVED FOR AGENDA BY: ITY MANACiEK CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: APRIL 10, 2007 SUBJECT: PUBLIC HEARING -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. 16 (TRACT 32503) PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 BACKGROUND On March 13, 2007, the City Council adopted a resolution declaring its intent to annex temtory into Landscape and Street Lighting District No. 1 and approved an Engineer's Report for the annexation of the Tract 32503 development into Landscape and Street Lighting District No. 1. DISCUSSION The district annexation includes the Tract 32503 development which contains approximately 15 street lights. The total annual cost of operations and maintenance for Street Lighting is estimated at $3,772.34 or $62.87 per dwelling unit. The estimated street lighting cost for the first year includes a 50% reserve of $1,436.17, bringing the total cost to $5,208.51 or $86.82 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. 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 AGENDA I'T~M N0. 02 ~ REPORT TO CITY COUNCIL APRIL 10, 2007 PAGE 2 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 will have the appropriate funding to cover lighting for the designated areas in the district. RECOMMENDATION This is an advertised Public Hearing. The following is recommended to the City Council: 1. Open the Public Hearing and call for testimony 2. Close the Public Hearing 3. Direct the City Clerk to open sealed ballot(s), tally vote(s), announce the vote tally and states whether a majority protest exists 4. If no majority protest exists, then by motion, adopt Resolution No. 2007 - 5o approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No. 1 PREPARED BY: MATT N. PRESSEY DIRECTOR OF ADMI STRATIVE SERVICES APPROVED FOR AGENDA BY: AGER'S OIi~FICE AGENDA ITEM Nd. a 3 ~Aa~~. ~F.a3 r V V u n c SCME: 1'~ 150' VIgNITY MAP NO SCMf olslwcr eolw~rtr The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2006-07. Annexation No. 16 to the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Page 6 of 6 AGENbA ITEM RESOLUTION N0.2007- 54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1 AS ANNEXATION AREA NO. 16 (TRACT 32503) 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"), did on the 13tH day of March, 2007, adopt a resolution initiating proceedings for the annexation of certain property (the "Annexed Area") into the Landscape and Street Lighting District No. 1 (the "District") as Annexation Area No. 16 (Tract 32503), (the "Annexation"), for the purposes provided therefore in the Act; and WHEREAS, said Resolution was duly and legally published in the time, form, and manner as required by law, and which Resolution is on file in the Office of the City Clerk; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require that if the assessment is new, a notice of the proposed assessment, along with a ballot, shall be mailed to all owners of identified parcels within the Annexation, and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, the property owner of said Annexation has submitted a signed and notarized petition and an assessment ballot in favor of the proposed assessment against the Annexation; and WHEREAS, the property owner by signing said petition, hereby waives the statutory requirements for the 45-day noticing period for the public hearing and rights of majority protest; and WHEREAS, said petition and assessment ballot is on file in the Office of the City Clerk; and WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is designated Landscape and Street Lighting District No. 1, Annexation Area No. 16 (Tract 32503), showing the boundaries of the Annexation, which are AGENDA 17EI~ N®. °? ~ CITY COUNCIL RESOLUTION NO.2007- Page 2 of 6 benefited by the improvements and the amount to be assessed against each of the parcels within the Annexation; and WHEREAS, the diagram and assessment have been 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 Annexation, the assessments, the total costs, and the description of the parcel to be assessed; and WHEREAS, the City Council has examined and considered the diagram, the assessments, and the proceedings prior thereto; and WHEREAS, said City Council having duly received and considered evidence, oral and documentary, concerning the jurisdiction facts in the proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom, and said City Council having now acquired jurisdiction to order the proposed work. 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. SECTION 2. That the City hereby proposes an annual levy of assessments for the Landscape and Street Lighting District No. 1, Annexation Area No. 16 (Tract 32503). Installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, streetlight and landscape improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. SECTION 3. The City Manager has directed to cause the preparation of a report in accordance with Article 4 of the Act for the Annexation and which is on file with the City Clerk. SECTION 4. A diagram for the Annexation (Section 22570 of the Streets and Highways Code) and an assessment (Section 22572 of the Streets and Highways Code) showing the area to be benefited and assessed for the AGENDA 17EM NO-. a3 pAG~4F~ CITY COUNCIL RESOLUTION NO.2007- Page 3 of 6 improvements has been prepared as Exhibit "A." The diagram, assessments, and improvement plans have been filed with the City Clerk. SECTION 5. The City Council hereby finds that each and every part of the Engineer's Report is sufficient and the City Council hereby approves, passes on, and adopts the Engineer's Report as submitted to the City Council and filed with the City Clerk. SECTION 6. The City Council does hereby reference the Engineer's Report that indicates the amount of the assessments, the Annexation boundary, detailed description of improvements, and the method of assessment. The Engineer's Report is on file in the office of the City Clerk and reference to the Engineer's Report is hereby made for all particulars. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. SECTION 8. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 10th day of April, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore AGENDA 11'EM N0. ~3 pAQEC~_..,,, OF~ CITY COUNCIL RESOLUTION NO.2007- Page 4 of 6 ATTEST: Michelle Soto, Deputy City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITEM ND. °~ 3 PAGE~~OF EXHIBIT A ANNEXATION NO. 16 (TRACT 32503) TO LANDSCAPE AND STREET LIGTHTING MAINTENANCE DISTRICT NO. 1 AGENDA I7'EIIII N0. `''~ ~ pAGE.OF~ APN: 349-400-OOS 349-430-011 349-430-012 y a J STREET TR 32503 SCALE: 1'~ 150' Na~aTr MAP Mo scA~ The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2006-07. Annexation No. 16 to the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Page6of6 AGENDA ~E~ N©~_ _ _ _ _ a '~3 Engineer's Report for Annexation No. 16 to the lake Elsinore Landscape and Street Lighting Maintenance District No. 1 (Tract 3 2503) City of Lake Elsinore Riverside County, California Prepared by: ~ Harris & AssociatesSM February 27, 2007 AAENDA ~'EM N0~ °~3 pAQE,.,~...b ,,,OF-~-3 Annexation No. 16, City of Lake Elsinore February 27, 2007 Landscape and Street Lighting Maintenance District No. 1 Page i ENGINEER'S REPORT ANNEXATION NO. 16 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: February 27, 2007 BY: Joan E. Cox R.C.E. No. 41965 //ROFESg~O~ ~``o oPN e. ~ a~ F ~~ ~ ~~ ~~ !~ Z T ~ N0. 41965 ~ *\EXP. 3/31/08 /,t S~gTF CI C~ ~~\Q. OF A~~F~ 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 By 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 By q:\elsinore\IImd1\formation\new district\annex no. 16 Ilmd engineer's report (tr 32503).doc AGENdA 11 ~M ~{ li .~,_. PACE AF~3 Annexation No. 16, City of Lake Elsinore February 27, 2007 Landscape and Street Lighting Maintenance District No. 1 Page ii ENGINEER'S REPORT ANNEXATION NO. 16 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 ...................................................................... 5 Part C -Assessment Roll ..................................................................... 6 Part D -Method of Apportionment of Assessment .............................. 7 Part E -Property Owner List .............................................................. 10 Part F -Assessment District Boundary .............................................. 10 q:\elsinore\IImd1\formation\new district\annex no. 16 Ilmd engineers report (tr 32503).doc AGENDA ~'TEM NO.. a~ PACE OF a-3 Annexation No. 16, City of Lake Elsinore February 27, 2007 Landscape and Street Lighting Maintenance District No. i 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. 16 to the LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 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 2006-07, 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. q:\elsinore\IImd1\formation\new district\annex no. 16 Ilmd engineer's report (tr 32503).doc AG~ND/y ~~~ NV. _. ~~ PAG~;~,OF Annexation No. 16, City of Lake Elsinore February 27, 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 17EM N0. `'~ 3 q:\elsinore\IImd1\formation\new district\annex no. 16 Ilmd engineer's report (tr 32503).doc PAGE OF ~ Annexation No. 16, City of Lake Elsinore February 27, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 3 PART A PLANS AND SPECIFICATIONS The facilities will be operated, serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS, FY 2006-07 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. q:\elsinore\IImd1\formation\new district\annex no. 16 Ilmd engineer's report (tr 32503).doc ~GG~~A ~~""" ~~~" ~~ PAq~OF„3 Annexation No. 16, City of Lake Elsinore February 27, 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. The facilities in Zone 17 are specifically described as follows: • Street lights within the public right-of--way (15 street lights) Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the street lights and appurtenant facilities, including repair, removal or replacement of all or part of any of the street lights or appurtenant facilities. Servicing means the maintenance of any of the lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the lighting 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. q:\elsinore\IImd1\formation\new district\annex no. 16 Ilmd engineer's report (tr 32503).doc ~~'~~®p ~~"~~ ~~~ o~~~l PACf`,_OF~-~- Annexation No. 16, City of Lake Elsinore February 27, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 5 PART B ESTIMATE OF COST The estimated cost of the operation, servicing and maintenance of the street light improvements for Fiscal Year 2006-07, as described in Part A, are summarized herein and described below. ANNEXATION NO. 16 to the LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 Proposed Budget -Fiscal Year 2006-07 Zone 17, Fiscal Year 2006-07 Estimated Costs Operations and Maintenance $ 2,872.34 Reserve (50%) $ 1,436.17 Sub-Total $ 4,308.51 District Administration $900.00 Total Estimated Costs $ 5,208.51 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. q:\elsinore\IImd1\formationlnew district\annex no. 16 Ilmd engineer's report (tr 32503).doc AGENDA ITEIN N®. ~"°' PAGE,4F,, Annexation No. 16, City of lake Elsinore February 27, 2007 Landscape and Street Lighfing Maintenance District No. 1 Page 6 PART C ASSESSMENT ROLL The total proposed assessment for Fiscal Year 2006-07 and the amount of the total proposed assessment apportioned to each lot or parcel within Zone 17 of the District, as shown on the latest assessment roll at the Riverside County Assessor's Office, are contained in the Assessment Roll provided below. 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. Assessor's FY 2006-07 Parcel Number Facili EDU's Max. Asmt 349-400-005 349-430-011 Street Lighting 60.0 $ 5,209.20 349-430-012 Grand Total: $ 5,209.20* *The maximum assessment is $0.69 more than the estimated budget due to rounding of the assessment per dwelling unit. q:\elsinore\IImd1\formation\new district\annex no. 16 Ilmd engineer's report (tr 32503).doc AGENDA ITE' N®. _v ~AQ~,,,,,~„~,„©F,~ Annexation No. 16, City of Lake Elsinore February 27, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 7 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 maybe 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 street lighting and appurtenant improvements within the District. SPECIAL BENEFIT ANALYSIS 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 Community Character and Vitality • Mitigates crime • Promotes social interaction • Alleviates the fear of crime • Promotes business and industry • Enhances safe ingress/egress to property • Contributes to a positive nighttime visual image q:\elsinore\IImd1\formationlnew district\annex no. 16 Ilmd engineers report (tr 32503).doc PiG~UI~i I'~~IYI N®.~,,,~,~ PA~~OF,~ Annexation No. 16, City of Lake Elsinore February 27, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 8 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 17 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. 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/Parks. Parcels that are designated for parks or parcels that are developable but do not have a finalized development map are assessed based upon the acreage of the parcel. These properties receive special benefits based on their land, as this is the basis of their value. 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 (and park parcels) will be assessed at the rate of 25% of Non-Res properties, or 1.5 EDU per acre or any portion thereof. Open Space/Basins. Parcels designated as open space or basins do not receive special benefits from the Improvements and are therefore exempt from the assessment. q:\elsinore\IImd1\formation\new district\annex no. 16 Ilmd engineers report (tr 32503).doc AGENDA ITEM N0. ~~ PAGEOF„~, Annexation No. 16, City of Lake Elsinore February 27, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 9 Zone 17 The parcels of land in Zone 17 are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the street lighting within and directly adjacent to the development, as shown in Part B of this report, will be apportioned on a residential lot basis. The table below provides the assessment apportionment for Zone 17. SFR Max. Maint. Asmt Actual Asmt Total Max. Asmt Lots per Lot (FY 2006-07)* per Lot (FY 2006-07) For District 60 $86.82 $0.00 $5,209.20 * 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. 4~ 9~ P c ~. AGENDA ItEM NO o7~3 \elsinore\IImd1\formation\new district\annex no. 16 Ilmd en sneer's re ort tr 32503 doc • PAGE~.~ ._OF'~--3 Annexation No. 16, City of Lake Elsinore February 27, 2007 Landscape and Street Lighting Maintenance District No. 1 Page 10 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. q:\elsinore\IImd1\formation\new district\annex no. 16 Ilmd engineers report (tr 32503).doc AGfrNDA ar~~ N0. PAGE as OF~ W W N APN: 349-400-005 349-430-011 d 349-430-012 O ~ y. SCALE: 1'~ 150' ~ ~ V N n~ PROJECT RIVERSIDE STREET J ~'Ly~ SlTE ~F~ ~1 9~`~~ E~ TR 32503 gkFSyoR f !J D,P RAILROAD ~Q CANYONROAD 2 ~'ir ~ ~~ NGNITY MAP NO SCME 1 F(YNf1 ~ OISiPICT 9014OARY The parcel numbers above corresppond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2006-07. Annexation No. 16 to the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Page 1 of 1 ~M.N Q~~ a.a-a fcmmmOWwV.w.s ~4~w AGENDA IYEM N0. ~ ~ PAG~.3 OF_~ ORDINANCE NO. 1212 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING SECTIONS- 16.83.020, 16.83.050, 16.83.060, AND 16.83.080 OF THE LAKE ELSINORE MUNICIPAL THE TRANSPORTATION UNIFORM PROGRAM 16.83.030, 16.83.040, CHAPTER 16.83 OF CODE REGARDING MITIGATION FEE WHEREAS, Chapter 16.83 Western Riverside County Transportation Uniform Mitigation Fee Program was added to the Lake Elsinore Municipal Code in 2003 to establish a schedule of fees imposed on new development to enlarge the capacity of the Regional System of Highways and Arterials; and WHEREAS, an updated "Western Riverside County Transportation Fee Nexus Study (Nexus Study) has been prepared and is adopted and incorporated herein; and WHEREAS, the City Council has determined to amend certain sections of Chapter 16.83 to reflect changes recommended by Western Riverside Council of Governments ("WROG"). THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1: Section 16.83.020 is hereby amended and restated as follows: 16.83.020 Findings. A. The City is a Member Agency of WRCOG, a joint powers agency consisting of the City, the County of Riverside, and the thirteen cities situated in Western Riverside County. Acting in concert, the Member Agencies of WRCOG developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials in Western Riverside County (the "Regional System") could be made up in part by a Transportation Uniform Mitigation Fee on future residential, commercial and industrial development. A map depicting the boundaries of Western Riverside County is available in the office of the City Clerk and made a part hereof. As a Member Agency of WRCOG, the City participated in the preparation of a certain "Western Riverside County Transportation Uniform Mitigation Fee Nexus Study," dated October 18, 2002 PAGE_ I___ 4~__._l ~__ CITY COUNCIL ORDINANCE NO. 1212 PAGE 2 OF 12 ("2002 Nexus Study") prepared pursuant to California Government Code, Section 66000 et seq., the Mitigation Fee Act. Based on this nexus study, the City adopted and implemented an ordinance authorizing its participation in a Transportation Uniform Mitigation Fee Program. B. WRCOG with the assistance of its member agencies have now prepared an updated "Western Riverside County Transportation Fee Nexus Study" ("Nexus Study") pursuant to California Government Code Section 66000 et seq., the Mitigation Fee Act, for the purpose of updating the fees imposed by Ordinance No. 1096. The Nexus Study is available in the office of the City Clerk and made a part hereof. C. Consistent with its previous findings made in adoption of Ordinance No. 1096, the City Council has been informed and advised, and hereby finds, that future development within Western Riverside County and the Cities therein will result in traffic volumes exceeding the capacity of the Regional System as it presently exists. D. The City Council has been further informed and advised, and hereby finds, that if the capacity of the Regional System is not enlarged, the result will be substantial traffic congestion in all parts of Western Riverside County and the City, with unacceptable Levels of Service throughout Western Riverside County by 2030. E. The City Council has been further advised, and so finds that funding, in addition to those fees adopted pursuant to the 2002 Nexus Study, will be inadequate to fund construction of the Regional System. Absent an update of the "Transportation Uniform Mitigation Fee" ("TUNE") based on the Nexus Study, existing and known future funding sources will be inadequate to provide necessary improvements to the Regional System, resulting in an unacceptably high level of traffic congestion within and around Western Riverside County and the City. F. The City Council has reviewed the Nexus Study, and hereby finds that future development within the County and City will substantially adversely affect the Regional System, and that unless such development contributes to the cost of improving the Regional System, the Regional System will operate at unacceptable Levels of Service. v ~ ~ ~l ,.P__ CITY COUNCIL ORDINANCE NO. 1212 PAGE 3 OF 12 G. The City Council hereby finds and determines that the failure to mitigate growing traffic impacts on the Regional System within Western Riverside County and the City will substantially impair the ability of public safety services (police and fire) to respond. The failure to mitigate impacts on the Regional System will adversely affect the public health, safety and welfare. H. The City Council further finds and determines that there is a reasonable and rational relationship between the use of the TUMF and the type of development projects on which the fees are imposed because the fees will be used to construct the transportation improvements that are necessary for the safety, health and welfare of the residential and non-residential users of the development projects on which the TUMF will be levied. I. The City Council finds and determines that there is a reasonable and rational relationship between the need for the improvements to the Regional System and the type of development projects on which the TUMF is imposed because it will be necessary for the residential and non-residential users of such projects to have access to the Regional System. Such development will benefit from the Regional System improvements and the burden of such development will be mitigated in part by the payment of the TUMF. J. The City Council further finds and determines that the cost estimates set forth in the Nexus Study are reasonable cost estimates for constructing the Regional System improvements, and that the amount of the TUMF expected to be generated by new development will not exceed the total fair share cost to such development. K. The City Council further finds that the cost estimates set forth in the Nexus Study are reasonable cost estimates for the facilities that comprise the Regional System; and that TUMF program revenues to be generated by new development will not exceed the total fair share of these costs. L. The fees collected pursuant to this Chapter shall be used to help pay for the construction and acquisition of the Regional System improvements identified in the Nexus Study. The need for the improvements is related to new development because such development results in additional traffic thus creating the demand for the improvements. AcE~v®~ or~~ ~~. ~v.~.-- PAGE~~F_ CITY COUNCIL ORDINANCE NO. 1212 PAGE 4 OF 12 M. By notice duly given and published, the City Council set the time and place for a public hearing on the Nexus Study and the fee proposed thereunder, and at least ten days prior to the hearing, the City made the Nexus Study available to the public. N. At the time and place set for the hearing, the City Council duly considered that data and information provided by the public relative to the cost of the services for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing. O. The City Council finds that the Nexus Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements to the Regional System. SECTION 2. Section 16.83.030 is hereby amended and restated as follows: 16.83.030 Definitions. For the purpose of this chapter, the following words, terms and phrases shall have the following meanings: "Class `A' office" means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, on site support services/maintenance, and often includes full service ancillary uses such as, but not limited to a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as class "A" Office shall be as follows: (i) minimum of three stories; (ii) minimum of 15,000 square feet per floor; (iii) steel frame construction; (iv) central, interior lobby; and (v) access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/ exits for commercial uses within the building. "Class `B' office" means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, on site support services/maintenance, and often includes full service ancillary uses such as, but not limited to a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class "B" Office shall be as follows: (i) minimum of two stories; (ii) minimum of 20,000 square feet per floor; (iii) steel ., ,, ~~ b~ . ,,,, .... ~. .~ _ ... CITY COUNCIL ORDINANCE NO. 1212 PAGE 5 OF 12 frame, concrete or masonry shell construction; (iv) central, interior lobby; and (v) access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/exits for commercial uses within the building. "Development project" or "project" means any project undertaken for the purpose of development including the issuance of a permit for construction. "Financing district" means a community facilities district or similar benefit district for the purpose of financing public infrastructure. "Gross acreage" means the total property area as shown on a land division map of record, or described through a recorded legal description of the property. This area shall be bounded by road rights of way and property lines. "Habitable structure" means any structure or part thereof where persons reside, congregate or work and which is legally occupied in whole or part in accordance with applicable building codes, and state and local laws. "Industrial project" means any development project that proposes any industrial or manufacturing use allowed in Title 17 (Zoning) of the City Municipal Code zoning classifications: C-M, M-1, M-2, or Specific Plan District with one of the aforementioned zones used as the base zone. "Low income residential housing" means residential units in publicly subsidized projects constructed as housing for low-income households as such households are defined pursuant to section 50079.5 of the Health and Safety Code. "Publicly subsidized projects," as the term is used herein, shall not include any project or project applicant receiving a tax credit provided by the State of California Franchise Tax Board. "Multi-family residential unit" means a development project that has a density of greater than eight (8) residential dwelling units per gross acre. "Non-residential unit" means retail commercial, service commercial and industrial development which is designed primarily for non-dwelling use, but shall include hotels and motels. AGEiVC1A, 6~E~~1 ~dG. c~7 1 PAGE ~ ®F_ CITY COUNCIL ORDINANCE NO. 1212 PAGE 6 OF 12 "Residential dwelling unit" means a building or portion thereof used by one (1) family and containing but one (1) kitchen, which is designed primarily for residential occupancy including single-family and multi-family dwellings. "Residential Dwelling Unit" shall not include hotels or motels. "Retail commercial project" means any development project that proposes any commercial use not defined as a service commercial project allowed in Title 17 (Zoning) of the City Municipal Code classifications: C-O, C-1, C-2, C-P, or Specific Plan District with one of the aforementioned zones used as the base zone. "Service commercial project" means any development project that is predominately dedicated to business activities associated with professional or administrative services, and typically consist of corporate offices, financial institutions, legal and medical offices. "Single family residential unit" means each residential dwelling unit in a development that has a density of eight (8) units to the gross acre or less. SECTION 3. The following shall be added as the last sentence of Section 16.83.040, subpart A: Following the increase in fees set forth herein as of July 1, 2009, such future changes to the schedule of fees shall be adopted by resolution. SECTION 4. Section 16.83.040, subparts B, C, D, E, F and G are hereby amended and restated as follows: B. Fee calculation. T he fees shall be calculated according to the calculation methodology set forth in the Fee Calculation Handbook adopted July 14, 2003, as amended from time to time. The following shall be observed for purposes of calculating the fee: 1. For non-residential projects, the fee rate utilized shall be based upon the predominate use of the building or structure identified in the building permit or structure identified in the building permit and as further specified in the TUMF Administrative Plan. AGENDA i`iE~l N0. ~~ -- CITY COUNCIL ORDINANCE NO. 1212 PAGE 7 OF 12 2. For non-residential projects, the fee shall be calculated on the total square footage of the building or structure identified in the building permit and as further specified in the TUMF Administrative Plan. C. Fee adjustment. The fee schedule may be periodically reviewed and the amounts adjusted by the WRCOG Executive Committee. The fees may be increased or decreased as provided herein to reflect changes in actual and estimated costs of the Regional System including, but not limited to, debt service, lease payments and construction costs. The adjustment of the fees may also reflect changes in the facilities required to be constructed, in estimated revenues received pursuant to this chapter, as well as the availability or lack thereof of other funds with which to construct the Regional System. WRCOG shall review the TUMF program not less than every four (4) years . D. Purpose. The purpose of the TUMF is to fund those certain improvements to the Regional System identified in the Nexus Study. E. Applicability. The TUMF shall apply to all new development within the City unless otherwise exempt hereunder. F. Exemptions. The following new development shall be exempt from the TUMF: 1. Low income residential housing. 2. Government/public buildings, public schools and public facilities. 3. The rehabilitation and/or reconstruction of any habitable structure in use on or after January 1, 2000 provided that the same or fewer traffic trips are generated as a result thereof. 4. Projects which are the subject of a Development Agreement entered into pursuant to Government Code Section 65864 et seq., prior to the effective date of this chapter, wherein the imposition of new fees are expressly prohibited provided that if the term of such a Development Agreement is extended by amendment or by any other manner after the effective date of this chapter, the TLTMF shall be imposed. AGENDA 17EM WO.~ -~-.~--- CITY COUNCIL ORDINANCE NO. 1212 PAGE 8 OF 12 5. Guest quarters, as defined in Chapter 17 (Zoning) of the City Municipal Code. 6. Additional single family residential units located on the same parcel pursuant to the provisions of any agricultural zoning classifications of any agricultural zoning classifications as set forth in Chapter 17 (Zoning) of the City Municipal Code. 7. Kennels established in connection with an existing single family residential unit and as defined in Chapter 17 (Zoning) of the City Municipal Code. 8. Second units pursuant to Chapter 17 (Zoning) of the City Municipal Code. 9. The sanctuary building of a church or other house of worship, eligible for a property tax exemption. 10. Any nonprofit corporation or nonprofit organization offering and conducting full-time day school at the elementary or high school level for students between the ages of five and eighteen years. G. Credits. Regional System improvements may be credited toward the TUMF in accordance with the TUMF Administrative Plan and the following: 1. Regional Tier a. Arterial Credits. If a developer constructs arterial improvements identified on the Regional System, the developer shall receive credit for all costs associated with the arterial component based on approved unit cost assumptions for the Regional System. All such credits must have prior written approval from WRCOG. b. Other Credits. In special circumstances, when a developer constructs off-site improvements such as an interchange, bridge, or railroad grade separation, credits shall be determined by WRCOG and the City in consultation with the developer. All such credits must have prior written approval from WRCOG. ~c~~uaa o~r~~ Na, 3 I aac~ ~d a~=~.._ CITY COUNCIL ORDINANCE NO. 1212 PAGE 9 OF 12 c. The amount of the development fee credit shall not exceed the maximum amount determined by the most current unit cost assumptions for the Regional System or actual costs, whichever is less. 2. Local Tier a. The local jurisdictions shall compare facilities in local fee programs against the Regional System and eliminate any overlap in its local fee program except where a recognized financing district has been established. b. If a recognized financing district is established, the local agency may credit that portion of the facility identified in both programs against the TLJMF in accordance with the TUMF Administrative Plan. SECTION 5. Sections 16.83.050, 16.83.060 and 16.83.080 are hereby amended and restated as follows: 16.83.050 Reimbursements. Should the developer construct Regional System improvements in excess of the TUMF fee obligation, the developer may be reimbursed based on actual costs or the approved unit cost assumptions, whichever is less. Reimbursements shall be enacted through a three party agreement including the developer, WRCOG, and the City, contingent on funds being available. In all cases, however, reimbursements under such special agreements must coincide with construction of the transportation improvements as scheduled in the five-year Capital Improvements Program adopted annually by WRCOG. 16.83.060 Procedures for the levy, collection and disposition of fees. A. Authority of the Community Development Department. The Director of Community Development, or his/her designee, is hereby authorized to levy and collect the TUMF and make all determinations required by this chapter. B. Payment of the fees shall be as follows: 1. The fees shall be paid at the time a certificate of occupancy is issued for the Development Project or upon final inspection, whichever comes first (the "Payment Date"). However, this section should not be construed to prevent payment of the fees prior to issuance of a certificate of occupancy or final ~c~aut~a ix~~ ~~. 3 ~_ ~ACE~^Q~ CITY COUNCIL ORDINANCE NO. 1212 PAGE 10 OF 12 inspection. Fees may be paid at the time application is made for a building permit, however, the fee payment shall be calculated based on the fee in effect at the Payment Date. If the amount of the fee has been increased between the time that the developer paid the fee and the Payment Date, the developer shall pay the difference of the Payment Date. The fees shall be calculated according to fee schedule as provided herein and the calculation methodology set forth in the Fee Calculation Handbook adopted July 14, 2003, as amended from time to time. 2. The fees required to be paid shall be the fee amounts in effect at the time payment is due under this chapter, not the date the chapter is initially adopted. The City shall not enter into a development agreement which freezes future adjustments of the TUMF. 3. If all or part of any development project is sold prior to payment of the fee, the property shall continue to be subject to the requirement for payment of the fee, accordingly; the fees shall run with the land. 4. Fees shall not be waived. C. Disposition of Fees. All fees collected hereunder shall be transmitted to the Executive Director of WRCOG within thirty days for deposit, investment, accounting and expenditure in accordance with the provisions of this chapter and the Mitigation Fee Act. D. Appeals. Appeals shall be filed with WRCOG in accordance with the provisions of the TUMF Administrative Plan. Appealable issues shall be the application of the fee, application of credits, application of reimbursement, application of the legal action stay and application of exemption. E. Reports to WRCOG. The Community Development Director, or his/her designee, shall prepare and deliver to the Executive Director of WRCOG, periodic reports as will be established under Section 16.83.080 of this chapter. 16.83.080 Appointment of the TUMF administrator. WRCOG is hereby appointed as the Administrator of the Transportation Uniform Mitigation Fee Program. WRCOG is hereby authorized to receive all fees generated from the TUMF within the City, and to invest, account for and expend such fees in accordance with the provisions of this chapter and the Mitigation Fee Act. The ~1 f ,~. ~ ~o . ,~-- l ~ __~~__ CITY COUNCIL ORDINANCE NO. 1212 PAGE 11 OF 12 detailed administrative procedures concerning the implementation of this chapter shall be contained in the TUMF Administrative Plan adopted May 5, 2003 and as may be amended from time to time. Furthermore, the TUMF Administrator shall use the Fee Calculation Handbook adopted July 14, 2003, as amended from time to time, for the purpose of calculating a developer's TUMF obligation. In addition to detailing the methodology for calculating all TUMF obligations of different categories of new development, the purpose of the Fee Calculation Handbook is to clarify for the TUMF Administrator, where necessary, the definition and calculation methodology for uses not clearly defined in the respective TUMF ordinances. WRCOG shall expend only that amount of the funds generated from the TUMF' for staff support, audit, administrative expenses, and contract services that are necessary and reasonable to carry out its responsibilities and in no case shall the funds expended for salaries and benefits exceed one percent (1 %) of the annual net amount of revenue raised by the TUMF. The TUMF Administrative Plan further outlines the fiscal responsibilities and limitations of the Administrator. 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 shall take effect 60 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 27tH day of March, 2007, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ~~EIV~e4 ITCi~ ~(~. ~ I Pi4GE ~ ~~ ` a CITY COUNCIL ORDINANCE NO. 1212 PAGE 12 OF 12 PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day of April, 2007, upon the following roll call 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 ~ ~__ ORDINANCE NO. 1213 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING ORDINANCE NO. 1124 TO MODIFY THE INDEX FOR CALCULATING ANNUAL ADJUSTMENTS TO THE DEVELOPMENT MITIGATION FEE FOR FUNDING THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN AND CODIFYING SAID ORDINANCE AS CHAPTER 16.85 OF THE LAKE ELSINORE MUNICIPAL CODE WHEREAS, the City Council of the City of Lake Elsinore ("City") adopted Ordinance No. 1124, after second reading on July 27, 2004, (the "MSHCP Fee Ordinance") that established a citywide development mitigation fee for funding the preservation of natural ecosystems in accordance with the Western Riverside County Multiple Species Habitat Conservation Plan; and WHEREAS, the MSHCP Fee Ordinance, modeled after the Model Ordinance prepared and submitted by the Western Riverside County Regional Conservation Authority ("RCA"), provides for automatic annual fee adjustments at the beginning of each fiscal year based on the average percentage change over the previous calendar year set forth in the Construction Price Index for the Los Angeles metropolitan area; and WHEREAS, the RCA has requested that all Permittees, including the City of Lake Elsinore, modify their MSHCP Fee Ordinance to tie the automatic annual fee adjustments to the Consumer Price Index for "all urban consumers" in the Los Angeles-Anaheim-Riverside area as provided in the MSHCP implementing documents and to ensure that all Permitees are annually adjusting their MSCHP fees according to the same index; and WHEREAS, the City Council desires to modify the MSCHP Fee Ordinance pursuant to the RCA request and to codify Ordinance No. 1124, as amended, into the Lake Elsinore Municipal Code as Chapter 16.85. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9, "Automatic Annual Fee Adjustment," of the MSHCP Fee Ordinance is amended as follows: AGENDA ITEM N0. ~ PAGE~_OF~ CITY COUNCIL ORDINANCE NO. 1213 PAGE 2 OF 4 Section 9. AUTOMATIC ANNUAL FEE ADJUSTMENT. The fee established by this Ordinance shall be revised annually by means of an automatic adjustment at the beginning of each fiscal year based on the average percentage change over the pervious calendar year set forth in the Consumer Price Index for "all urban consumers" in the Los Angeles-Anaheim-Riverside area, measured as of the month of December in the calendar year which ends in the previous fiscal year. The first fee adjustment shall not be made prior to a minimum of ten (10) months subsequent to the effective date of the ordinance codified in this Ordinance. The fee, as adjusted annually, shall be compiled by the County Executive Office and shall be included in an annual report to the Board of Supervisors pertaining to the accounting for the Western Riverside County Multiple Species Habitat Conservation Plan fee as required by Government Code Section 66006. SECTION 2. Section 4, "Local Development Mitigation Fee, " of the MSCHP Ordinance sets forth the amount of the MSHCP Fees effective upon original adoption of the MSHCP Ordinance. In order to further clarify the effect of the interim adjustments and the modification of the adjustment factor, the City Council desires to modify the fee schedule set forth in said Section 4 as effective July 1, 2007 as follows: Residential, density less than 8.0 dwelling units per acre - $1,860/du Residential, density between 8.1 and 14.0 dwelling units per acre - $1,191/du Residential, density greater than 14.1 dwelling units per acre - $968/du Commercial - $6,333/acre Industrial - $6,333/acre. SECTION 3. Ordinance No. 1124, as amended, shall be codified as Chapter 16.85 of the Lake Elsinore Municipal Code as fully set forth in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 4. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held ,. ,., _ ~ CITY COUNCIL ORDINANCE NO. 1213 PAGE 3 OF 4 invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 5. This Ordinance shall take effect July 1, 2007. 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 27th day of March 2007, upon the following roll call vote: AYES: COLJNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COLTNCILMEMBERS: PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day of April, 2007, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COLTNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COLTNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore acErv~a ~~~,~~ ~~. ~~' CITY COUNCIL ORDINANCE NO. 1213 PAGE 4 OF 4 ATTEST: Michelle Soto, Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore w~. _; J~u ORDINANCE NO. 1214 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING AND RESTATING CHAPTER 8.52 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING FIREWORKS WHEREAS, Chapter 8.52 of the Lake Elsinore Municipal Code regulates the use of fireworks within the City of Lake Elsinore; and WHEREAS, in order to prevent personal injury and damage to property, along with deterring violations of the City's fireworks prohibition, the City Council has determined to amend and restate Chapter 8.52. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1. That Chapter 8.52 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: CHAPTER 8.52 FIREWORKS 8.52.010 Statement of purpose and intent. The City Council of the City of Lake Elsinore has determined that the provisions contained in this chapter are necessary for the immediate preservation of the public peace, health, or safety within the incorporated areas of the City of Lake Elsinore. Illegal fireworks are a serious concern in the City for several reasons. First, fireworks are sold to children. The U.S. Fire Administration has recently determined that children under the age of 15 suffered 45% of all injuries from fireworks. Second, fireworks are often stored without safety precautions in residential neighborhoods. Third, fireworks can be disassembled for the explosive powder they contain to make bombs and other explosive devices. Fourth and finally, fireworks often come from countries where safety regulations for making fireworks are not as stringent as those for fireworks manufactured in the United States. Accordingly, the adoption of this chapter regulating the personal use and sale of illegal fireworks in the City are a necessary to protect the public peace, health and safety of the citizens of the City of Lake Elsinore. AGENDA ITEM N0._~~~------ PAGE ~ OF,__~ CITY COUNCIL ORDINANCE NO. 1214 PAGE 2 OF 8 8.52.020 Definitions. As used in this Chapter, the following terms shall have the meanings set forth herein: "Agricultural and wildlife fireworks" means fireworks designed and intended by the manufacturer to be used to prevent damage to crops or unwanted occupancy of areas by animals or birds through the employment of sound or light, or both. "Dangerous fireworks" has the same meaning ascribed to it under Section 12505 of the California Health and Safety Code and includes all of the following: 1. Any fireworks which contain any of the following: a. Arsenic sulfide, arsenates, or arsenites, b. Boron, c. Chlorates, except: i. In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included, ii. In caps and party poppers, iii. In those small items (such as ground spinners) wherein the total powder content does not exceed four grams of which not greater than fifteen (15) percent (or six hundred (600) milligrams) is potassium, sodium, or barium chlorate, d. Gallates or gallic acid, e. Magnesium (magnesium-aluminum alloys, called magnalium, are permitted), f. Mercury salts, g. Phosphorus (red or white except that red phosphorus is permissible in caps and party poppers), h. Picrates or picric acid, i. Thiocyanates, ...._ - ~~ ._ CITY COUNCIL ORDINANCE NO. 1214 PAGE 3 OF 8 j. Titanium, except in particle size greater than 100-mesh, k. Zirconium; 2. Firecrackers; 3. Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge; 4. Roman candles, including all devices which discharge balls of fire into the air; 5. Chasers, including all devices which dart or travel about the surface of the ground during discharge; 6. Sparklers more than ten (10) inches in length or one-fourth of one inch in diameter; 7. All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches; 8. Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this chapter; 9. Torpedoes of all kinds which explode on impact; 10. Fireworks kits; 11. Such other fireworks examined and tested by the State Fire Marshal and determined by him or her, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks. "Exempt fireworks" has the same meaning ascribed to it under Section 12508 of the California Health and Safety Code and means any special item containing pyrotechnic compositions which the State Fire Marshall, with the advice of the State Fire Advisory Board, has investigated and determined to be Ac~N®A or~~ ~~. v~ CITY COUNCIL ORDINANCE NO. 1214 PAGE 4 OF 8 limited to industrial, commercial, agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction. "Fire chief ' or "chief 'means the fire chief of the City of Lake Elsinore or his or her authorized representatives. "Fireworks" has the same meaning ascribed to it under Section 12511 of the California Health and Safety Code and means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. The term "fireworks" includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, model rockets, rockets, Daygo bombs, sparklers, chasers, fountains, smoke sparks, aerial bombs and fireworks kits. "Fireworks kits" has the same meaning ascribed to it under Section 12512 of the California Health and Safety Code and means any assembly of materials or explosive substances, which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance and when so assembled, would come within the definition of "fireworks." "Public display of fireworks" means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of dangerous fireworks. "Pyrotechnic operator" means any licensed pyrotechnic operator who, by examination, experience, and training, has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the license granted. "Pyrotechnic special effects material" means a low explosive material, other than detonating cord, commonly used in motion picture, television, theatrical or group entertainment production for which a permit from the chief is required for use or storage. "Safe and sane fireworks" has the same meaning ascribed to it under Section 12529 of the California Health and Safety Code and means any fireworks which do not come within the definition of "dangerous fireworks" or "exempt fireworks." . ~. ~ 5 ~._ .. ~ _. CITY COUNCIL ORDINANCE NO. 1214 PAGE 5 OF 8 "Sheriffl' means the acting Police Chief for the City of Lake Elsinore, or his or her authorized representatives. 8.52.030 Prohibition. A. General. No person shall have in his or her possession, or keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give or transport any fireworks, dangerous fireworks, or safe and sane fireworks, except for use as agricultural and wildlife fireworks or for use in a public display of fireworks pursuant to a permit obtained under the provisions of Sections 12640- 12654 of the California Health and Safety Code, the Uniform Fire Code and this chapter. Any property owner or person in control of property who allows a person to sell, use, discharge or possess fireworks on the property owned by such person or under such person's control shall be in violation of this section, irrespective of such person's intent, knowledge or negligence, said violation hereby being expressly declared a strict liability offense. B. Manufacturing Prohibited. The manufacturing of fireworks, dangerous fireworks, or safe and sane fireworks is prohibited except under special permits as required by local and state regulations by the fire chief and the sheriff. C. Pyrotechnic Special Effects Material. A permit is required to manufacture, compound, store or use pyrotechnic special effects material. Permit application shall be made to the fire chief and the sheriff. A permit shall be granted only to a State Fire Marshall licensed pyrotechnic operator. 8.52.040 Displays. A. General. Permits are required to conduct a public display of fireworks. Permit application shall be made to the fire chief and the sheriff not less than fourteen (14) days prior to the scheduled date of the display. The permit application shall include a diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of buildings, highways and other lines of communication; the lines behind which the audience will be restrained; and the location of nearby trees, telegraph or telephone lines and other overhead obstructions. At the time of permit application, the fire chief shall be consulted regarding the requirements for standby fire apparatus. B. Under Supervision of Pyrotechnic Operator. Public display of fireworks operations shall be under the direct supervision of a pyrotechnic operator. The ~c~r~~~ 3~~~ r~~. ~3 PQCE~~o~ CITY COUNCIL ORDINANCE NO. 1214 PAGE 6 OF 8 pyrotechnic operator shall be responsible for all aspects of a display related to pyrotechnics. C. Bond Required. The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the fire chief and the sheriff for the payment of damages which could be caused either to a person or persons or to property by reason of the permitted display and arising from acts of the permittee, agents, employees or subcontractors. 8.52.050 Exception. Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports or for use by military organizations. 8.52.060 Seizure and disposal. A. It shall be the duty of the fire chief and his or her authorized representatives and the sheriff and his or her authorized representatives to enforce the provisions of this chapter. B. The fire chief and his or her authorized representatives and the sheriff and his or her authorized representatives shall have the authority to seize, take, and remove any fireworks, dangerous fireworks, and safe and sane fireworks. The fire chief and his or her authorized representative and the sheriff and his or her authorized representative may charge any person whose fireworks are seized pursuant to this section, a reasonable amount which is sufficient to cover the cost of transporting, storing, handling, and disposing of the seized fireworks. C. The additional remedies and procedures for violations of this chapter and for recovery of costs related to enforcement provided for in Lake Elsinore Municipal Code are incorporated in this chapter by reference. 8.52.070 Penalties. A. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for a term not exceeding one year, or by both such fine and imprisonment. . ~~ ,: ~ .. ~ ~,... CITY COUNCIL ORDINANCE NO. 1214 PAGE 7 OF 8 B. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of one thousand dollars ($1,000.00) and by imprisonment in the county jail for one year. C. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this chapter. D. Nothing in this chapter shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, and/or transportation of dangerous fireworks. E. In addition to the above penalties, an administrative citation may be issued in accordance with Chapter 1.20 of the Lake Elsinore Municipal Code. Violations of this Chapter are subject to a fine of one thousand dollars ($1,000.00), unless otherwise provided by resolution. 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 27th day of March 2007, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ~cEao~ iT~r~~ n~~. ~...5 y.~ PAGE~_~~_~... ~.. CITY COUNCIL ORDINANCE NO. 1214 PAGE 8 OF 8 PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day of April, 2007, upon the following roll call 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 .~ ~~ ___ ORDINANCE NO. 1215 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING AND RESTATING CHAPTER 9.52 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING GRAFFITI WHEREAS, Chapter 9.52 of the Lake Elsinore Municipal Code addresses the regulation of graffiti and graffiti implements within the City of Lake Elsinore; and WHEREAS, in order to better effectuate the prevention of graffiti and abate graffiti within the City, the City Council has determined to amend and restate Chapter 9.52. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1. That Chapter 9.52 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: CHAPTER 9.52 GRAFFITI PREVENTION AND ABATEMENT 9.52.010 Purpose. The purpose of this Chapter is to promote the public health, safety and welfare of residents and property within the City of Lake Elsinore by providing a program for the prevention and removal of graffiti. The increase of graffiti on both public and private buildings, structures and places is creating a condition of blight within the City which results in a deterioration of property and business values for surrounding properties, all to the detriment of the City. The City Council finds and determines that graffiti is obnoxious and a public nuisance which must be abated so as to avoid the detrimental impact of such graffiti on the City, and to prevent the further spread of graffiti. 9.52.020 Definitions. As used in this Chapter, the following terms shall have the meanings set forth herein: "Abate" or "abatement" means the elimination, removal or termination of graffiti from public or private property with the City's boundaries. ACENbA (l'EMiiNO. PACE 1 OF~. CITY COUNCIL ORDINANCE NO. 1215 PAGE 2 OF 10 "Aerosol paint container" means any container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substances capable of defacing property. "City Manager" means the City Manager of the City of Lake Elsinore, or his/her designee. "Cost of removal" means any cost incurred by the City for removal, elimination, or termination of graffiti from public or private property. "Deface," "defaces" or "defacing" means intentionally altering the physical shape or physical appearance of property by inscription, words, figures, signs, or design without prior written permission of the owner. "Expenses of abatement" means all costs incurred by the City related to abatement of graffiti conditions, including without limitation, the costs of removal, court costs, attorneys' fees, administrative costs, and any law enforcement costs relating to the identification and/or apprehension of a person who defaces property with graffiti or who fails to remove graffiti from property after being ordered to do so. "Graffiti" means any inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any surface, without the express permission of the owner's of such surface, regardless of the nature of the material of which the surface is composed. "Graffiti implement" means any item capable of marking a surface to create graffiti including, but not limited to, aerosol paint containers, dye containers, paint sticks, felt-tip markers or marking pens, marking instruments, drill bits, grinding stones, scribers, glass cutters or etching tools or other instruments capable of scarring glass, metal, concrete or wood. "Owner" means any person or entity that is the owner of real or personal property that has been defaced, or who has primary responsibility for control over the property, or who has primary responsibility for maintenance and repair of the property, and shall include any person owning, leasing, renting, occupying, managing, or having charge of any property or structure. "Person(s)" means a natural person(s). CITY COUNCIL ORDINANCE NO. 1215 PAGE 3 OF 10 "Public view" means any public or private area that is accessed from a public roadway, sidewalk or common area and is open to view by persons from such public roadway, sidewalk or common area. "Responsible adult" means a parent, legal guardian, or other person over the age of eighteen years who is charged with legal responsibility andlor supervision of a minor. 9.52.030 Prohibition. No person shall place graffiti upon any public or privately owned permanent structure or personal property located on publicly or privately owned real property. 9.52.040 Accessibility of aerosol paint containers; sale of graffiti implements; penalties. A. Access. No person or business engaged in a commercial enterprise shall display for sale, trade or exchange to the public any aerosol paint containers except in an area from which access by the public is securely precluded without employee assistance. Acceptable methods for displaying aerosol paint containers for sale shall be by containment in: (1) a completely enclosed cabinet or other storage device which shall, at all times except during access by authorized representatives, remain securely locked; or (2) an enclosed area behind a sales or service counter from which the public is precluded from entry. Nothing in this Chapter shall relieve such person or business entity from complying at all times with the requirements of California Penal Code Section 594.1(c) by posting signs as described therein. B. Storage Requirements. No person or business engaged in the business of selling, providing or trading aerosol paint containers shall store such containers in an area accessible to the public. C. Any person or business engaged in the retail sale of aerosol paint containers must display at a conspicuous location a legible sign measuring not less than twelve inches by twelve inches with letters at least one-half inch in height which states: It is unlawful for any person to sell or give to any individual under the age of eighteen years any implement or other device capable of being used to deface property. Any person who maliciously defaces PAGE~0~~_ CITY COUNCIL ORDINANCE NO. 1215 PAGE 4 OF 10 real property is guilty of vandalism which is punishable by a fine, imprisonment, or both. D. It shall be unlawful for any person or business to sell, exchange, give, or loan, or cause or permit to be sold, exchanged, given, or loaned, any graffiti implements to a minor, unless such minor is in the presence of the minor's responsible adult. E. It shall be unlawful for a minor to purchase or otherwise obtain any graffiti implements unless such minor is in the presence of the minor's responsible adult. F. Any person or business offering aerosol paint containers for sale to the public shall keep a log of the name, address and driver's license number of any person purchasing three or more aerosol paint containers. G. Any business violating this Section 9.52.040 shall be subject to suspension, revocation or non-renewal of its City business license. H. Any person or business violating any provision of this Section 9.52.040, or failing to comply with any of its requirements, shall be subject the Administrative Citation Procedures set forth in Chapter 1.20 and shall be subject to a fine not to exceed Twenty-five Thousand Dollars ($25,000.00) 9.52.050 Possession prohibited. A. It shall be unlawful for any person to possess any graffiti implement for the purpose of defacing any public or private property, without the express consent of the owner of such property. B. It shall be unlawful for a minor to possess any graffiti implement on any public highway, street, alley, or way, or in any automobile, vehicle or other conveyance, or while in any public park, playground or other public facility. C. The forgoing provisions shall not apply to minors that are transporting or using graffiti implements for lawful purposes while under the supervision of the minor's responsible adult, instructor or employer. ,~GE(~DA ITEM ~J~. ~~ PAGE ~ ®F~ CITY COUNCIL ORDINANCE NO. 1215 PAGE 5 OF 10 9.52.060 Public Nuisance; removal of graffiti; standards for removal. A. In the event the owner of private property upon which graffiti has been placed declines to consent to removal by the City as provided herein, or fails to remove the graffiti within three (3) days after service of a notice to remove the graffiti, the owner shall be subject to the administrative citation process set forth in Chapter 1.20 of the Lake Elsinore Municipal Code. B. The City Council does hereby find that graffiti is a public nuisance. In the event the owner of private property upon which graffiti has been placed declines to consent to removal by the City as provided herein, or fails to remove the graffiti within three (3) days after service of a notice to remove graffiti, the affected property shall be subject to the nuisance abatement process set forth in Chapter 8.18 of the Lake Elsinore Municipal Code. C. Whenever the City Manager determines that graffiti is located within the public view, the City Manager is authorized to seek the consent of the owner to cause the graffiti to be removed by City forces or private contract. Where the graffiti is on a private property, unless summary abatement is authorized under Section 9.52.070, entry onto the private property for removal of the graffiti may be authorized by securing the consent of the owner, or upon issuance of an abatement warrant by a court of competent jurisdiction under California Code of Civil Procedure Section 1822.50, et seq. D. Graffiti shall be removed or completely covered in a manner that renders it inconspicuous. When graffiti is painted out, the color used to paint it out shall match the original color of the surface, or the entire surface shall be repainted with a new color that is aesthetically compatible with existing colors and architecture. The removal shall not leave shadows and shall not follow the pattern of the graffiti such that letters or similar shapes remain apparent on the surface after graffiti markings have been removed. If the area is heavily covered with graffiti, the entire surface shall be repainted. E. The City Manager may waive the costs associated with removing the graffiti provided the owner agrees to assign his/her victim's rights to the City so the City may seek restitution in accordance with Section 9.52.110 and/or California Penal Code Section 594. CITY COUNCIL ORDINANCE NO. 1215 PAGE 6 OF 10 9.52.070 Summary abatement by City. The Police Chief is hereby authorized to summarily abate gang-related graffiti. The abatement may be undertaken by City staff, or by outside contractors. Gang-related graffiti shall be defined as graffiti that is placed on private or public property by a person reasonably believed by the City's Police Department or other local law enforcement agency to be a member of, or affiliated with a criminal street gang, as that term is defined in California Penal Code Section 186.22. 9.52.080 Measures to ease removal or prevent graffiti. A. Land Use Entitlement Conditions. In approving subdivision maps, conditional use permits, variances, building permits, or other similar land use entitlement or development or design applications, the City may impose one or all of the following conditions, or other similar or related conditions: (1) Use of anti-graffiti materials on surfaces exposed to public view of a type and nature that is acceptable to the City Manager. (2) Use of landscaping to screen or provide a barrier to surfaces that may be prone to graffiti. (3) Right of access by City to remove graffiti. (4) Applicants, permittees, and all successors in interest shall provide City with sufficient matching paint and/or anti-graffiti material on demand for use in painting over or removal of graffiti. (5) Applicants, permittees, and all persons applying for subdivision maps shall, as part of any conditions, covenants and restrictions, covenant that the owners of the lots shall immediately remove any graffiti. B. Encroachment Permit Conditions. All encroachment permits issued by the City may, among other things, be conditioned on the following: (1) Use of anti-graffiti materials on surfaces exposed to public view of a type and nature that is acceptable to the City Manager. (2) Use of landscaping to screen or provide a barrier to the encroaching object. PACE (Q ~;,~~Q CITY COUNCIL ORDINANCE NO. 1215 PAGE 7 OF 10 (3) The right of the City to remove the graffiti or to paint the encroaching object or structure. (4) Permittee shall provide City with sufficient matching paint and/or anti- graffiti material on demand for use in painting over or removal of graffiti on the encroaching object or structure. (5) Permittee shall immediately remove all graffiti. 9.52.090 Reward. A. Pursuant to California Government Code Section 36069.5, the City offers a reward of one thousand dollars ($1,000) per incident for information leading to the arrest and conviction of any person for violation of California Penal Code Section 594 within the City. B. In the event of multiple contributors of information leading to such arrest and conviction, the City may divide the reward equally among the contributors. C. A claim for reward under this section shall be filed with the City Clerk. The City Manager shall verify the accuracy of all claims and report to the City Council. A claim shall be awarded only after City Council approval of the City Manager's report. Each claim shall: (1) Specifically identify the date, location and kind of property damaged or destroyed; (2) Identify by name the person who was convicted; and (3) Identify the court rendering the conviction and the date of the conviction. D. The City Manager shall establish a dedicated "graffiti hotline" for citizens to utilize to report graffiti. Such graffiti hotline number shall be publicized in appropriate City publications directed at both City employees and the public. 9.52.100 Community education; coordination with utility providers. A. The City Manager, in coordination with the school district, civic organizations and the public may conduct regular programs to provide community PACE~~OF ~~ Q CITY COUNCIL ORDINANCE NO. 1215 PAGE 8 OF 10 education regarding the prevention of graffiti, available rewards, and the telephone number of the graffiti hotline. B. The City Manager shall coordinate with local providers of public utilities to expeditiously remove graffiti from public utility boxes, poles and other physical utility structures. 9.52.110 Penalties and restitution. A. Except as provided in Section 9.52.040, any person violating any provision of this Chapter, or failing to comply with any of its requirements, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person or business shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of this Chapter is committed, continued, or permitted by such person or business and shall be deemed punishable therefore as provided in this Chapter. B. Notwithstanding the penalties set forth in Section 9.52.110(A), any person who defaces property with graffiti implement is guilty of vandalism, pursuant to Section 594 of the California Penal Code, and upon conviction thereof shall be punishable by imprisonment in the state prison or in a county jail for a period not to exceed one (1) year or by a fine of Five Thousand Dollars ($5,000.00), but no more than Fifty Thousand Dollars ($50,000.00) depending upon the severity and the amount of the defacement or by both such fine and imprisonment. C. Any person violating any provision of this Chapter, or failing to comply with any of its requirements, shall be subject the Administrative Citation Procedures set forth in Chapter 1.20 and shall be subject to a fine not to exceed Twenty-five Thousand Dollars ($25,000.00). D. Additional Penalties Available. Whenever deemed appropriate, it is the City's intent to petition a sentencing court to impose the following additional penalties upon conviction: (1) Performance of a minimum of 48 hours of community service not to exceed 200 hours over a period up to 180 days. Community service includes graffiti removal service. ~'A~~O~ ---~... CITY COUNCIL ORDINANCE NO. 1215 PAGE 9 OF 10 (2) That the defendant personally clean up, repair, or replace the damaged property consistent with Section 9.52.060. Or that the defendant, or responsible adult, keep the damaged property or other specified property in the City free of graffiti for up to one year. This clean-up, repair, or replacement shall be at the defendant's expense, or at the expense of the responsible adult of the defendant if the defendant is a minor. (3) For each conviction of a person aged 13 years or older, the City may petition the court to suspend existing driving privileges or delay the issuance of driving privileges for up to three (3) years in accordance with California Vehicle Code Section 13202.6. E. Restitution. The City or any owner who suffers property damage and/or monetary loss as a result of having to remove graffiti may seek restitution for all expenses of abatement. Restitution may be pursued by the City and/or the owner in a separate civil action or as part of a criminal proceeding against the perpetrator. F. Parental Responsibilities. Pursuant to California Civil Code Section 1714.1(b), where graffiti is applied by a minor, the responsible adult of the minor shall be jointly and severally liable for the payment of civil damages resulting from the minor's misconduct in an amount not to exceed Twenty-five Thousand Dollars ($25,000.00). 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. DACE ~" OF~~ CITY COUNCIL ORDINANCE NO. 1215 PAGE 10 OF 10 INTRODUCED AND APPROVED UPON FIRST READING this 27tH day of March 2007, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: PASSED, APPROVED AND ADOPTED UPON SECOND READING this l Otn day of April, 2007, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COLTNCILMEMBERS: 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 ~`~ . __ .,.. ~~ O