Loading...
HomeMy WebLinkAbout05/11/2004 CC Reports ACENDA llEM NO. PACE \ - ,-- MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 13,2004 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY r- ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Parks & Open Space Manager Fazzio, Recreation/Tourism Manager Fazzio, City Treasurer Weber and City Clerk./Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b)(3)(C) of Gov't Code Section 54956.9. (1 case) ,-- City Attorney Leibold announced the Closed Session topic as listed above. AQENDA ITEM NO. J · 0.. . "PAGE , OF bY Page Two - City Council Minutes - April 13, 2004 ,.." THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:01 P.M. The Closed Session discussion was completed at 6:06 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in Public Session at 7 :03 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Canyon Lake Mayor John Zaitz. INVOCATION - MOMENT OF SILENCE ......, Mayor Buckley led the meeting in a moment of silent reflection. PRESENTATIONS/CEREMONIALS a. Presentation - Student Photo Contest Winners. Mayor Buckley noted that Councilman Hickman, Canyon Lake Mayor Zaitz and Water Board Director Hyland would be assisting with this presentation. Mayor Buckley noted that he would read the base proclamation and later recognize each class by name. Mayor Buckley read the proclamation, and each teacher and class was recognized. Mrs. Lackey expressed pride in her class and their efforts. Mr. Haas indicated that his kids found a lot of good things in the community. Mrs. Raines expressed pride in the work of her students. Mrs. Irvine noted that she had one student who participated on behalf of her class. '-'fIll AQENDA ITEM NO. J · Q , '. PAGE ;). Of f.o <..J ,-.. Page Three - City Council Minutes - April 13, 2004 Canyon Lake Mayor Zaitz explained that the contest was a result of the CAP contest. He noted that he and Councilmembers Hickman and Kelley had decided to work together on a project that was good for the community, and wanted the kids to point out "What is Right with the Community". He noted the contributions received for prizes and indicated that there was seed money to make the contest bigger and better next year. He indicated that the hard work of Councilman Hickman in getting the cameras and prizes was essential to the effort. He also indicated that gift certificates were donated by the Outlet Center. b. Proclamation - Sav-On Drug Store. ,-.. Mayor Buckley called Sav-On General Manager John Seymour forward for presentation. He noted that they were honored as best new store in the Country, and read and presented the Proclamation to Mr. Seymour. Mayor Buckley further recognized Sav-On, as the outstanding Business of the Quarter. Mr. Seymour indicated that these were trying times for the company, and thanked everyone for visiting their store. He noted that last year they had the highest sales in the history of their presence in the community. c. Presentation - Economic Development Agency. Jamil Dado, Workforce Development Board Chairman, commented that they felt Lake Elsinore was a great City and they wished. that more cities would do what the City does. He presented Proclamation a to Mayor Buckley on behalf of the City and stressed the City's vision for youth. ,,-.. Mary Joe Ramirez, Program Director for the Youth Opportunity Center, congratulated the City on its efforts and noted that very few cities were forward thinking with regard to young people. She noted that she had lived in the community for 14 years and it was awesome to participate with the lead agency. She stressed the importance of preparing the young people for growth within the community; and connecting young people with work AGENDA ITEM NO. II <\ " PAGE --3- OF ...h.:L Page Four - City Council Minutes - April 13, 2004 '-' experiences. She noted that the biggest challenge in this area was bridging the gap between the young person and the employer; which is accomplished by "Planet Youth". CLOSED SESSION REPORT City Attorney Leibold reported that the City Council met in closed session at 5 :00 p.m. for one item of anticipated litigation as listed on the agenda with no reportable action. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Charlene Cleary, 15990 Annette Drive, representing the Lake Elsinore Historical Society and the Riverside Historical Commission, noted that they had asked to take a look at the house in the park on Riverside Drive. She indicated that they had access to a preservation specialist team who entered the house on April 5th and concurred that bringing the house up to State code would cost about $250,000; and noted that there was about a year before severe damage would occur. She indicated that without further documentation, it appeared to have been built about 1916, and stressed the potential for restoration. She commented that the house was not in the way of the entrance, and might be eligible for CDBG funding. She suggested consideration of preserving the building; and indicated that right now it needed to have the shrubs and leaves cleaned up. She further indicated that they needed time to look at the history of the home and the possibility of grants for restoration. She commented that this type of home was cherished on the east coast, and stressed that it should not be tom down. '"'" J.J. Swanson-O'Neal, 1403 W. Heald, stressed that the building could still be saved and requested time to address the history of the building further. Ron Hewison, 35 Villa Valtelena, commented that they were on Franklin Street on April 3rd and saw a couple of guys fighting in the street, and they broke it up and called the police. He indicated that there were three squad cars there right away '-' AGENDA ITEM NO. _\ \ c.. , PAGE~Of ~ ~ r--- r--- Page Five - City Council Minutes - April 13, 2004 and they got action. He congratulated Mark Cordova on his recognition as Deputy of the Year. Lorraine Watts, P. O. Box 518, invited the Council to participate in the NAACP Scholarship Lunch on May 8th at the Diamond Club at 11 a.m. She indicated that there would be an emphasis on the 50th Anniversary of Brown vs. The Board of Education. She explained that the case related to the desegregation of schools, and encouraged attendance at the event. Mike Franklin, 289 S. Terra Cotta Road, indicated that they moved to the community a year ago last April; and expressed concern with the vandalism and racism in the neighborhood. He commented that they had received limited assistance from the police and requested the Council's assistance. Jacqueline Williams, 15300 Washington Avenue, indicated that she is from the same neighborhood as Mr. Franklin, as her street intersects with Terra Cotta. She commented that there had been car break-ins, windows broken, houses vandalized, things stolen, and racial slurs painted on the sidewalks. She stressed that they were all new residents adjusting to the community and they were frustrated with trying to feel safe and secure in their homes. She indicated that the Sheriff's department couldn't do much, but requested that the Council address the problem and assist them. She commented that Councilmembers Kelley and Buckley had suggested a town hall meeting, and they are in favor of that approach. Mayor Buckley suggested a town hall meeting at Terra Cotta Middle School. Councilman Magee concurred that would be a great idea, and expressed sensitivity to their concerns. He commented that similar concerns drove him to run for the City Council; and suggested the town hall meeting for April 22nd. City Manager Watenpaugh noted that was the date for the City sponsored Chamber mixer. Mayor Pro Tern Kelley noted that she received the e-mail on this neighborhood, as well as complaints from the other side of the lake; and suggested including both tracts of homes in the meeting. She assured the residents that there would be flyers announcing the meeting. There was general discussion of possible dates. " Councilman Magee suggested having staff look into availability and get back with AGENDA ITEM NO. \ ,Q, ." PAGE 5 OF 6 Y_ Page Six - City Council Minutes - April 13, 2004 '-" a firm date, time and location for confirmation on the 27th. He stressed the importance of getting as many people as possible to attend that meeting. CONSENT CALENDAR MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR WITH THE TYPOGRAPHICAL CORRECTIONS TO THE MINUTES AS DISCUSSED AT THE EARLIER MEETING. 1. The following Minutes were approved: c. d. Revised Regular City Council Meeting - January 27, 2004. Joint City Council/Redevelopment Agency Study Session - February 10, 2004. Regular City Council Meeting - February 10,2004. Joint City Council/Redevelopment Agency Study Session - March 9, 2004. City Council Study Session - March 11, 2004. Regular City Council Meeting - March 23,2004. ~ a. b. e. f. The following Minutes were received and ordered filed: g. Planning Commission Meeting - March 16, 2004. 2. Ratified Warrant List for March 31, 2004. 3. Approved Proclamation recognizing Crime Victims' Week, and directed staff to transmit to requestor. 4. Rejected and referred to Claims Administrator the Claim Against the City submitted by Shawna Cromley (CL #2004-1). 5. Adopted Resolutions of Intention Nos. 2004-20 and 2004-21, to Annex ....., AGENDA ITEM NO. l. ex. , "PAGE ~ OF..1.:L ,-.. Page Seven - City Council Minutes - April 13, 2004 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. 7 (City Center Townhomes Phase II) and Annexation Area No.8 (Viscaya) - Resolution No. 2004-20 and 2004-21. RESOLUTION NO. 2004-20 r- A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE 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.7 (CITY CENTER TOWNHOMES PHASE II). RESOLUTION NO. 2004-21 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE 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.8 (VISCA Y A). 6. Authorized the City Manager to Approve an Agreement with HDR Engineering, Inc. to Prepare CEQA Compliance Documents for Lake Elsinore Square (Home Depot) shopping center. 7. Approved Amendment to and reassignment of the License Agreement of the Old Library Building with the licensee to be the County of Riverside Economic Development Agency; the term to be year-to-year, not to exceed three years; and 180 day termination notification. Further approval was granted for the City Attorney and the Director of Community Services to ,-..... AGENDA rib'" ,,,...... -1.<A.'J <J ...,'PAGE I OF~ Page Eight - City Council Minutes - April 13, 2004 ....." negotiate with the EDA and County Counsel on a License Agreement for execution by the City Manager. 8. Approved the Deposit and Reimbursement Agreement between the City and Corman Leigh Communities. PUBLIC HEARINGS 21. M-2004-1 - Miscellaneous Design Review of Canyon Hills Fire Station. City Manager Watenpaugh noted that the proposed fire station would be located on Railroad Canyon Road and deferred to Community Development Director Brady for presentation. Community Development Director Brady explained that this item was for the design review of the third fire station in the Canyon Hills Specific Plan area. He advised that the design was similar to that of Station 85 in Me Vicker Park, however the outside of the building would have treatments to tie it into the Canyon Hills area designs. He indicated that the facility would be just over 6,200 square feet, with two bays on a 2.8 acre site on Railroad Canyon Road near Canyon Hills Drive. He noted that Pardee Homes would be constructing the facility and turning it over to the City when it is complete. He indicated that they wanted to get the station on line as quickly as possible. ....." Jim Stringer, 1181 California Avenue, Corona, representing Pardee Homes, offered to answer questions. Mayor Buckley opened the public hearing at 7 :41 p.m., asking those persons interested in this item to speak. There were no public comments. Councilman Hickman inquired if the design was the same as that used by the County. Community Development Director Brady indicated that it was similar to what the County had been using. Councilman Hickman noted '-" AQENOA ITEM NO. J l ~. "... PAGE ~ OF-G..:L ~ Page Nine - City Council Minutes - April 13, 2004 that there would be a break in the median and indicated that it was an excellent location. He looked forward to its completion. Mayor Pro Tern Kelley questioned the time line for the station. Mr. Stringer indicated that they would like to get the grading started next month and be done by the end of the year. Mayor Pro Tern Kelley expressed support. Councilman Magee commented that while the floor plan was consistent with the other new fire stations, it looked like the builder had gone the extra mile on the building elevations. He indicated that the facility would be very upgraded and very sharp, and look nice. He further indicated that the landscape plan showed excellent attention to detail, including preservation of the old California oaks. ,..-- Councilman Schiffner commented that the station would be an attractive and useful addition to the community. Mayor Buckley closed the public hearing at 7:39 p.m. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE DESIGN OF THE PROPOSED CANYON HILLS FIRE STATION AND M 2004-01, BASED ON THE FOLLOWING FINDINGS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS 1. Subject to the attached conditions the proposed project is not anticipated to result in any significant adverse environmental impacts. The 2003 Addendum to the 1989 Final Canyon Hills Specific Plan Environmental Impact Report, which was prepared in accordance with Section ~ 15164 of the State CEQA Guidelines, provides the necessary environmental clearances for the proposed fire station. The proposed fire station is permitted AGENDA ITEM NO. \ I Ov '"', PAGE-5- OF.k.:L Page Ten - City Council Minutes - April 13, 2004 ......" by right under the Canyon Hills Specific Plan. Accordingly, staff believes the proposed fire station implements the land use objectives and requirements of the Specific Plan and finds that further environmental evaluation is unnecessary . 2. The project complies with the Goals, Objectives and Policies of the General Plan and the Canyon Hills Specific Plan, as approved. The proposed fire station is located within a master-planned area defined as the Canyon Hills Specific Plan by the City General Plan. The Canyon Hills Specific Plan designates the project site as Institutional (Fire Station). Construction of the proposed fire station at the project site implements the land use objectives and intentions of the Specific Plan. 3. The project complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. ......., Staff finds the proposed fire station complex to be well designed. The natural hillside and topography along Railroad Canyon Road form a pleasant backdrop to the fire station complex. The fire station building itself is also architecturally pleasing with its use of dormers, roof gables, and stacked stone veneer. The County Fire Department has reviewed the fire station's design and has not expressed any concerns or issues. 4. 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 Canyon Hills Specific Plan, as approved. The project is required to comply with those conditions of approval attached to this staff report. Appropriate compliance schedules are also established to ensure staff can properly monitor implementation of conditions. ......., AGENDA ITEM NO. \ (C PAGElJLOF~ ,...... Page Eleven - City Council Minutes - April 13, 2004 " CONDITIONS OF APPROVAL PLANNING DIVISION 1. Miscellaneous Design Review approval for M 2004-01 will lapse and be void unless a building permit is issued within one (1) year of the approval date. An extension of time, up to one (1) year may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer and payment of required fees one (1) month prior to expiration. 2. All construction shall comply with these Conditions of Approval and those provisions and requirements contained in the Canyon Hills Specific Plan, Zoning Code and Municipal Code, prior to issuance of certificate of occupancy and release of utilities. ~ 3. Project buildings and structures and all site improvements shall be constructed as indicated on the approved site plan, landscaping plan, and building elevations, subject to approval by the Community Development Director or designee. 4. Any revisions to approved site plans or building elevations shall be reviewed and approved by the Community Development Director or designee. 5. Final offsite roadway improvements along Railroad Canyon Road shall be presented in street improvement plans, which require approval by the Engineering Manager. 6. The applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 ~ days after the site's rough grading, as approved by the City Engineer. AGENDA ITEM NO. --' . Q, " PAGE--1L OF ~ Page Twelve - City Council Minutes - April 13, 2004 """"" 7. The applicant shall comply with all applicable City Codes and Ordinances. 8. Prior to issuance of building permit, building plans for the fire station shall comply with all American with Disabilities Act (ADA) requirements. 9. Trailers utilized during construction shall require a bond subject to the approval of the Community Development Director or Designee. 10.The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 11. The design and construction of the project shall meet all County Fire Department standards. ~ 12.All mechanical and electrical equipment on the building shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director, prior to issuance of building permit. I3.The project shall be properly landscaped with an automatic (manual or electric) irrigation system to provide 100 percent plant and grass coverage using a combination of drip and conventional irrigation methods. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee. A Landscape Plan check fee will be charged prior to final landscape approval based on the Consultant's fee plus 40 percent. . The applicant shall plant street trees, selected from the City's Street Tree List, at a maximum of30 feet apart and at least 24-inch box in size. L ,^-, AGENDA ITEM NO. , PAGEllOf~ ~ ~ Page Thirteen - City Council Minutes - April 13, 2004 · Planting within 15 feet of ingress/egress points shall be no higher than 36 inches. · The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. · All landscape improvements shall be bonded with a 100 percent Faithful Performance Bond for materials and labor for two years from Certificate of Occupancy. · All landscaping and irrigation shall be installed within an affected portion /'"'"" of any phase at the time a certificate of occupancy is requested for any building. · The Final landscape plan shall be consistent with any approved site and Preliminary landscaping plan. · The Final landscape plan shall include planting and irrigation details. 14.Comply with the Mitigation Monitoring Program that was prepared for the 2003 Canyon Hills Specific Plan EIR Addendum. 15 .Prior to issuance of any precise grading permit or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 16. These Conditions of Approval shall be reproduced on subsequent building plans prior to issuance of building permit. ~ AQENDA ITEM NO. \ \ ~, " PAGEJl. OF~ Page Fourteen - City Council Minutes - April 13, 2004 """ I7.Proposed trash enclosure shall be designed according to City standards, subject to review and approval by the Community Development Director. Enclosure walls shall be decorative block. I8.The applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Saturday. I9.All signage shall require issuance ofa City Sign Permit, as appropriate. 20.The applicant shall use concrete tile roofing materials with a Class "A" fire rating. 2I.Prior to 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 review and approval by the Engineering Manager. A bond may be required to pay for damages to the public right-of-way, subject to approval by the Engineering Manager. ....., 22.Submit a "Will Serve" letter from Southern California Edison stating that electrical service will be provided to the project. 23. The proposed storage facility shall be designed consistently with the proposed fire station and shall utilize the same materials and colors. ENGINEERING DIVISION 24.Provide left turn access from west bound Railroad Canyon Road onto the project site. Improvements shall include construction of a median opening at the project entrance that accommodates a left turn pocket for the west bound movement onto the site. The left turn pocket shall be designed to accommodate a minimum design speed of 45-MPH. ....., AQENDA ITEM NO...J (0.... ~ " PAGE...tL OF ~ Y ,.,....... Page Fifteen - City Council Minutes - April 13, 2004 25.The median opening at the project entrance shall be designed to accommodate left turn movements out of the project. 26.Construct Caltrans Standard traffic signal with type 90 controllers as specified by the City's Traffic Engineer. Traffic signals shall be actuated by standard traffic loop detectors as approved by the City Engineer. Traffic Signal shall be operational prior to occupancy. 27.The applicant shall provide a sight distance study for east and west bound directions on Railroad Canyon Road. The study shall document the available clear sight distance to and from the project entrance. In the event the sight distance is less than 700-feet, a flashing beacon - 'Signal Ahead' sign shall be installed per Caltrans Standard. If the flashing beacon - 'Signal Ahead' sign is ,,-... required, it/they shall be operational simultaneous to the traffic signal becoming operational. 28.Development shall protect the proposed fuel tank against spills and leaks in accordance with standard hazardous materials storage methods and in compliance with the National Pollution Discharge Elimination (NPDES) regulations. 29.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to certificate of occupancy. 30.All Capital Improvement and Plan Check fees shall be paid (LEMC 16.34, Resolution 85-26). 31.A "Will Serve" letter shall be submitted to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Letter shall be submitted prior to certificate of occupancy. ",- AQENDA ITEM NO. _\ \ (L, " PAGE I 5 OF G ~ Page Sixteen - City Council Minutes - April 13, 2004 'WI' 32.All public works improvements shall be constructed per approved street plans (LEMC 12.04 and 16.34). 33.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to certificate of occupancy. 34.All applicable fees shall be paid and the applicant shall comply with all requirements of the encroachment permit as issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 35.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8-1/2" x II" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 'WI' 36.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to certificate of occupancy. 37.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. 38.Provide street lighting and show lighting improvements as part of street improvement plans as required by the Engineering Manager. 39.Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 40.Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. 'WI' AQfNoA ITEM NO.' I Q, ", PAGE-11. OF-l.L ,,- Page Seventeen - City Council Minutes - April 13, 2004 41.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with the City's ARC Info/GIS or applicant to pay $30 per sheet for City digitizing. 42.All utilities except electrical over 12 KV shall be placed underground, as approved by the serving utility. 43.Applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 44.Applicant shall obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California ~ Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the Engineering Manager. 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. 45.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. In the event the project is unaffected by any fault zone, applicant shall provide a document certified by a licensed Geotechnical Engineer or Licensed Geologist identifying the site as being outside the fault zone. 46.All grading shall be done under the supervision of a Geotechnical Engineer and he/she shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 feet in height shall be contoured. ""'c 47.Convey onsite runoff to the public storm drain system. Any non-historic storm flows shall be accepted by adjacent property owners with a notarized and recorded letter of drainage acceptance or conveyed to a drainage easement. AQENDA ITEM NO. I l Q, '" PAGEnOF~ Page Eighteen - City Council Minutes - April!3, 2004 ,.."" 48.On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final drainage plans. A note should be added to the final drainage plans stating: "Drainage easements shall be kept free of buildings and obstructions". 49.All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the Engineering Manager. 50.Submit Hydrology and Hydraulic Reports for review and approval by the Engineering Manager and the Riverside County Flood Control District prior to issuance of building permit. Applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 5l.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. ....., 52.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 Engineering Manager. 53.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains shall drain to a landscaped area whenever feasible. 54.Ten (10) year storm runoff should be contained within the curb and the one hundred (100) year storm runoff should be contained within the street right-of- way. When either of these criteria is exceeded, drainage facilities should be installed. 55.A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed storm water run-off on private property. 56.Applicant shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. '-' AGENDA ITEM NO. \, 01.... PAGE--.l1.0FM- ,...... Page Nineteen - City Council Minutes - April!3, 2004 57.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 58.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. /"'" 59.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside county NPDES Drainage Area Management Plan. 60.Applicant shall provide for flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 61.1ntersection sight distance shall meet the design criteria of the CAL TRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If sight distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 62.In accordance with the City's Franchise Agreement for waste disposal and 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. ,,- ACiENDA ITEM NO. \. ~ . PAGEJ..LOF 6 L( Page Twenty - City Council Minutes - April 13, 2004 ......, 22. Resolution No. 2004-22 - Approving the Annexation of Territory and the Levy of Assessments for Lake Elsinore Landscape and Street Lighting District No. 1 as Annexation Area No.2. Administrative Services Director Pressey explained the provisions of the Lighting and Landscape Maintenance District Act of 1972, and noted that this was the second annexation to this district. He detailed the square footage of the right-of-way it would address and noted that it would include four street lights. He advised that the first year it would be $440 per unit to include the reserve, and $303.93 each year thereafter. He explained that after any public testimony, there was a sealed ballot to be reviewed. Mayor Buckley opened the public hearing at 7 :40 p.m., asking those persons interested -in this item to speak. There were no public requests to speak. ......, Councilman Hickman explained the location of this property near the driving range, behind the school, off Sixth Street and Lakeshore. He noted that they would now have the highest LLMD bill in the City. Mayor Buckley closed the public hearing at 7 :45 p.m. The Meeting was paused for ballot tabulation. City Clerk/Human Resources Director Kasad reported no majority protest to the proposed annexation. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-22, APPROVING THE ANNEXATION OF TERRITORY AND LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1. ......, AaENDA ITEM NO. \. C\. I '-.- PAGE ?- \) OF.li.. I"'"'- Page Twenty-One - City Council Minutes - April 13, 2004 RESOLUTION NO. 2004-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF 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.2. 23. Public Hearing for Consideration of Objections to the City's Weed Abatement Program. City Manager Watenpaugh deferred to Parks & Open Space Manager Fazzio r' for the presentation and clarification of some of the common questions. Parks & Open Space Manager Fazzio noted that they had received an overwhelming response to the notices mailed out, and explained the weed abatement program goals. He noted a fire in the Country Club Heights area in 2001 and the San Diego fire last year, and stressed that fire goes up hill three times faster than it goes across flat land. He detailed the process and key dates starting with the mailing of notices to property owners. He advised that the deadline for abatement was May 1 st and staff would begin abating properties on May 3rd. He further advised that the billings would be placed on the August lOth tax rolls. He presented slides of the types of issues targeted by the program, including dead trees, high weeds, brush, obstruction of visibility, illegal dumping of trash, dry brush and piles of dirt. He noted that the undergrowth on trees would be included to prevent the homeless from residing there or dumping trash and debris. He noted a motor home found under a tree when the tree was trimmed. He presented slides of appropriate tree trimming and weed removal. He noted that there were several frequently asked questions regarding the receipt of notices, how to locate the property boundaries, access to lots, etc. ,-... AQENDA ITEM NO. 1. ~ . "PAGE 2. \ OF ~ Y '. Page Twenty-Two - City Council Minutes - April 13, 2004 '-' He thanked Information/Communications Manager Dennis for his assistance with this presentation. Mayor Buckley opened the public hearing at 8:00 p.m., asking those persons interested in this item to speak. He also read the name of Mailey Davis into the record, due to her difficulty speaking English; and noted her opposition to the notice she received. John Mavis, resident of Hollywood, California, noted that his father got a lot in the Heights, and had been paying taxes on it for about 75 years. He indicated that he tried to find out who owns the other properties in the area, but he was still not sure where his property was. He noted that it was very expensive to get utilities to the area, and there are no signs to indicate what needs to be cleaned. He suggested that paying $250 per year is ridiculous when he only pays $64 per year in taxes, which he thought was used to keep the property clear and fire free. '-' Elder Cooper Hagans III, 22528 Ridgewater Way, Moreno Valley, indicated that he was present on behalf of Mr. & Mrs. Hatch, who own property in the hills of Country Club Heights. He indicated that when they got the notice a week ago, he tried to locate the property and could not even find the street. He commented that no one had the information to pinpoint the location. He stressed that there were no surveyors stakes or identifying marks. He indicated that they would love to comply if they could locate the property. Bruce Ingram, resident of San Diego, indicated that they had a parcel in the floodplain or back basin of the East Lake Specific Plan; and walked out on the levee to the property, which is marked "Wildlife Habitat Area". He suggested that the property was landlocked with no access allowed in the designated habitat area. He expressed concern with the potential of destroying brush in a sensitive area. He noted the MSHCP requirements and expressed uncertainty as to how their property would be impacted by it. He suggested that the Council consider an option for granting extensions of time to address these maters. ....., AGENDA ITEM NO.J '0..' '-. PAGE J...:l.OF ~ r" Page Twenty-Three - City Council Minutes - April 13, 2004 Mark Schmetter, for his mother Yvonne Dirks, 201 Grand Avenue #351, Carlsbad, California, indicated that he came to check the property and could not find it, as the roads were not marked. He suggested that the process was too fast and there should be a period of time to get more organized. He indicated that he did not know how to proceed with the property. He concurred with the prior comments and indicated that he had been paying taxes on the property for 45 years, which should help to cover the costs to remove the weeds. ,,-- Jim Perkins, 4100 Casita Way, San Diego, indicated that he was speaking for a member of his family who had held property in the back basin since the 1950's and paid taxes the whole time. He commented that the reasons for abating the property seemed to be the elimination of fire dangers, getting rid of rubbish and garbage, and removing places for the homeless. He clarified that where his property was located in the back basin, it was surrounded by the levee and water on two sides, and habitat on one side. He indicated that it seemed that the fire hazard was very low; and the area plan for wildfire susceptibility was considered low, and no contiguous properties would be endangered by fires in the area. He commented that the property se.emed to be covered with native vegetation, no trees, no mounds of dirt or rubbish problems. He noted that there was signage near the Diamond that designated the area as a wildlife habitat, and suggested areas such as this should have a different consideration. He suggested that there were many parcel owners for who the cost of abatement would be exorbitant. He noted that for a long time his property was under water; and expressed concern that it could cost up to $10,000 for a survey of the parcel, as there were no points of reference to start from. He suggested that in the spirit of conservation the area should be left alone to exist as it was. '"" Joe Bergman, resident of San Diego, noted that being from San Diego, he had a limited time to gain access to contractors or find adjoining land owners. He commented that the area of his property had no improved roads and it was difficult to let contractors know how to get in to do the work. AQENOA ITEM NO. _\ I c-..' " PAGE.2.l.. OF .1.L. Page Twenty-Four - City Council Minutes - April 13, 2004 ...", Michael Adams, resident of Vista, indicated that his family had owned their land for 35 years, and this notice came as some what of a surprise. He commented that he had been trying to get rid of abandoned vehicles and illegal dumping, but the burden was now on him. He indicated that he had been trying to get assistance, but could not. He commented that he wanted to work with the property owners, and suggested exemptions or exclusions might be helpful. He indicated that as far as picking up the trash, the dumping was illegal, and he went out there at least once a month. He indicated that the property was recreational and he did not intend to develop it. He noted that his property was 22 acres and there was no City road to the property, but it was annexed a number of years ago. He indicated that he was not an irresponsible property owner, as every month he takes a load to the dump in perris. He noted that there was trash along the City unpaved roads, and questioned if that would be cleaned up. He indicated that he had been trying to get abandoned cars towed away. He suggested that the Council consider looking at the establishment of exclusions, questioning what could be done with a mountain of scrub brush. He stressed that his property was cleared of brush, but he could not stop people from dumping there. He expressed concern that some areas had dumping for over 20 years, but now it was his fault, and the City did not enforce the "no dumping" regulations. Mayor Pro Tern Kelley questioned the general area of his property. Mr. Adams indicated that it was past Temescal Canyon High School, on EI Toro Road; and noted that it was 22 acres in the area bordering the County of Riverside. He suggested that there might also be environmental issues on the property. ......", Sanford Reed, 22610 Pintail Drive, Canyon Lake, indicated that his good news was that he basically knew where his property was located, as his family owned property off of Nichols Road, west of the Outlet Mall. He indicated that they owned nine acres in the area, but there were no markers, so they had to measure in 50 foot increments from a shack along the way. He addressed the undeveloped City roads, which are clearly designated on the maps; and inquired if the City would clear those roads with the ......", AQENDA ITEM NO. l,~. , PAGE~OFki. ;t""'" Page Twenty-Five - City Council Minutes - April 13, 2004 abatement. He suggested that the City should take responsibility for its own roads, as that would help the property owners to located their property. He questioned if someone owned ten plus acres, if they would need to clear the entire property or if they could make fire lanes. He questioned how much clearing was required. ,,-.., Lolene Swallow, 25587 Orion Court, Sun City, indicated that she had property in Country Club Heights, around Ingalls Circle and the water tower. She noted that ten years ago she was told that she was not included in the weed abatement area; but she did not want to chance it this time. She expressed hopes that she was still excluded because she was on a slope. She indicated that she really did not know where the property boundaries were located, as they had not been surveyed. She indicated that if she was not excluded due to the slope, she would need more time to clear the property. She inquired if she should call to find out what to do. Mayor Buckley indicated that the questions would be answered at this meeting. Paul Williams, 24330 Big Bear Lane, Corona, indicated that the letter was very specific, and he had a 110 square foot lot, which was totally landlocked with no parkways or roads. He stressed that his property was in the middle of nowhere, and questioned how to clear the lots. He suggested that based on the letter he would be exempt. He questioned the ability to charge $250 when there were no roads or parkways. /""" Edward Stanton, 29726 Avenida de Cortez, Sun City, representing the Center for Natural Lands Management, addressed weed abatement, in light of the MSHCP. He indicated that he owned a lot in the City which was 29 acres, and there was a conservation easement over the properties below Tuscany Hills. He noted that there were three such properties with easement, two parcels owned by the City. He indicated that the removal of brush would be a violation of the permit. He commented that they were willing to work with the Fire Department in a minimal way to establish breaks. He indicated that he spoke with Code Enforcement about a year ago regarding street easements, as he did not want to see the area bum AGENDA ITEM NO. \ <~. " PAGE 1) OF.J2L. Page Twenty-Six - City Council Minutes - April 13, 2004 "" either. He stressed that property owners could not intentionally violate State and Federal laws to abate weeds. He submitted a letter for the record. Jack Smith, resident of Orange, indicated that he owned a lot on Highway 74 and Palm, near the Albertson's at four comers. He commented that he read the instructions and it appeared that he was to cut to less than two inches on the property line, but he thought it was the whole property. He requested clarification of the issues and indicated that he would find someone who needed the work to clear the lot. Henry Kong, resident of Anaheim, indicated that he was a property owner in Country Club Heights since 1959, and was surprised to find that the brush was not too high. He noted that he got a letter saying he needed to clean it by May 1 S\ but suggested getting $20 from everybody to help clean up the area. He noted that three was a $250 per parcel charge and he was retired. He suggested that a less expensive solution would be appreciated. ......, James Reynolds, resident of Los Angeles, indicated that his family has numerous lots in the area: and commented that he understood the need to do abatement for fire, but he could not find some of the lots. He also noted that he was not sure who he could find to do the work. He suggested that this was a new program and a new issue that needed to be addressed right away. He noted the possible federal issues, and questioned the procedure for people who want to comply, but need a reasonable amount of time to do so. He suggested that a list of vendors who could assist, would be helpful. He indicated that he arrived in Lake Elsinore about five o'clock and could not find anyone. He expressed concern that the City did not know the locations of the properties either. He indicated that he would like to talk with staff to determine a procedure. Scott Woodard, representing Elsinore-Lakeview Estates, noted the size of lots in the hillside areas, and commented that they were part of the MSHCP. He indicated that he had the same issues with the violation of the '-till ACilENDA ITEM NO. \ ( ~ - .". PAGE 2. tv OF b ~ .",-- Page Twenty-Seven - City Council Minutes - April 13, 2004 Endangered Species Act. He suggested that from a public safety standpoint that was issue number one; but noted that his lots would not necessarily cause a public safety issue. He indicated that the problem seemed to lie in the application of the ordinance, which in his opinion, was too broad, with a very short time frame. He commented that notices began arriving two weeks ago and continued into last week. ..-- Gloria Tassel, resident of Huntington Beach, indicated that they had owned a lot since the 1950's and paid taxes. She commented that her interpretation of the letter was that they needed to keep the weeds to two inches, not just at one point, but going forward. She inquired if the intent was for quarterly clearing, and noted that the charge was not just $250, but there were also fees associated with the work. She commended the City on the presentation and noted that was why she attended this meeting to see what was wanted. She indicated that her property was on a slope, and she thought she found it. She commented that she did not know how to clean it other than sending workers or goats out, and questioned the right way to do the cleaning. She expressed concern with the required time frame, and suggested that it be reviewed and extended. She noted that the County had a 400 slope exclusion, and requested that the City adopt such an exclusion. Jeff Baronslaughter, resident of Sunnyslope Drive, indicated that he supports the required abatement, as a year ago he lost his fire insurance because they inspected and determined that he was in a fire zone. He noted that there was a requirement to clear the property 200 feet in all directions and he had cleared 88,000 square feet, much of which was on a 600 slope. He indicated that he filled 300 forty gallon trash bags. He indicated that this action was good, but needed to be somewhat based on where the homes were. He suggested that there might also need to be an appeal process, since people can't tell where their properties are. He indicated that he would like to be present when they inspect after May 1 st, noting that he had 24 lots to address. ~ AGENDA ITEM NO. _\ . '^-~ PAGE 'J- 1 OF ~ Y Page Twenty-Eight - City Council Minutes - April 13, 2004 A resident of Murrieta, indicated that she had owned her property for several years, as it was purchased by her father. She indicated that they had been thinking about building a home, and part of what they like is the view of nature. She questioned what would happen to the wildlife in the area if the brush was all cut down. She suggested that the entire City would be dry as people would cut the weeds and spray them with Roundup, so when the mud slides, the Roundup will end up in the Lake. She expressed belief that it was important to protect houses from fire, but she was not sure two inches was the answer. Norm Grady, resident of Highway 74, expressed hopes that the Council was sharing the property owners' frustration; and suggested that the developers in the County would be glad to comply with the letter and get rid of the coastal sage. He suggested that the MSHCP might be concerned with the nesting wildlife in the weeds. He stressed that those weeds were not to be touched. He commented that there were also a lot of problems with the time frame, as he received the letter on Saturday and he owns a considerable amount of property in the County and inside the City limits. He indicated that he knows were his property is located, but other people are using it as a dumping ground. He indicated that the weeds were just starting to turn brown and he needed to wait until the rains were done, or the same issues would arise. He reiterated that the County did not require abatement of steep lots, and indicated that he was not sure how to remove the brush on the hillsides, when he can't get to it. He indicated that it would be difficult to find contractors to cut it. He noted for those people who don't know where their properties are, he had the name of a surveyor who was reasonably priced, but the timing would be an issue. He indicated that in his area, there were vehicles blocking roads and the Sheriff's Department could address them if they were informed where they were. He commented that he volunteered for Supervisor Ashley's task force on illegal trash dumping, and noted the particular concerns with the disposal of used tires. He noted that on one of his properties there had been a squatter who was charging people $10 to dump on the property. He stressed the serious problem trash AQENDA ITEM NO. ( .0...< " nA~r:: IJ... g ('\1= (; L/ __ """'" """'" ....., ;1"'" Page Twenty-Nine - City Council Minutes - April 13, 2004 was causing and suggested that there was a need to study the issue in depth and seek help from the community. Ben Lundy, resident of Ojai, indicated that when he got the notice, he felt he had no choice but to attend this meeting. He noted that he had not been in the area for about ten years, but before that it was a fun place to come and visit. He commented that a lot had been done to the community. He indicated that he had property in Country Club Heights, south of Illinois and northeast of Sunnyslope. He indicated that there were no paved streets and well over 100 lots. He noted that many of the lots in that area were owned by senior citizens and suggested that the Council combine the lots and clear them under one contract, which would require less surveying. "" Y ogeshwar Chaturuedi, resident of Temecula, indicated that he owned property on which there was a dumping problem, on Mission Trail, in Country Club Heights and several other locations. He commented that Riverside County had increased the fee for dumping, so people were dumping anywhere. He indicated that two years ago his property was all clean. He suggested using Code Enforcement Officers to develop a practical common sense plan, so the City could become beautiful. He indicated that it should not be the responsibility of the land owner to do the work, when they have been paying the fine for weeds. He commented that he was doing the abatement and still getting fined. He noted that he spoke with Carol Gordon and the money was returned, but he had paid thousands of dollars and felt there should be some justice. He expressed hopes that the City would be cooperative, noting the short time frame. ;1"'" A resident of Corona, indicated that he was a property owner in the Sunset Knolls area and tried to go to his property last year, and found there were no roads to gain access. He indicated that he went again two weeks ago when he received the letter and tried to find it; but found out that he needed a 4 x 4 to get to the property. He suggested that $250 seemed very steep for the price per parcel and suggested that the administrative fee was probably less than $10 dollars. He indicated that he could not pinpoint his property, and AGENDA ITEM NO. \ .CA., . PAGEE OF.-h.:L Page Thirty - City Council Minutes - April 13, 2004 ......., questioned how the City charges the money when they don't know the locations either. Marge Kinney, resident of Laguna Hills, indicated that she got a surveyor to look at her property and it turned out that the homeowners on both sides have encroached on the next property. She stressed the importance of using a surveyor. She suggested that the City Council had the power to waive the requirements for specific property owners or to establish a moratorium until the concerns have been addressed. She noted that liens placed on property impacts credit ratings, and stressed that the program went from 5,000 to 10,000 lots. She suggested that this would put a tremendous burden on the City budget. She indicated that there was no phone number included on the mailed notice, and suggested that people using their own weed wackers could cause sparks and start a fire. She suggested that the City send a notice of moratorium on notices that were not the same as those sent out in the previous year. She further suggested developing a plan to look at some of the problems with the newly noticed properties. She also suggested including a list of surveyors, abatement firms and dumps in the notice materials. She indicated that the City should have a dumpster in problem areas and hire large trucks for the pickup of bulky materials. She stressed the concern by many of the people receiving notices. ......., Darryl Light, resident of Diamond Bar, indicated that he owns five lots in Diamond Bar, and in comparison, Lake Elsinore does not allow enough time. He indicated that the fire department in Diamond Bar walks through and grants more time. He noted that thousands of lots had received notices and questioned if the City was trying to get people to start selling the lots to be able to develop them. He questioned if there was an ulterior motive for the exorbitant administrative lot. He suggested that $250 per lot was too much when the lots were less than 6,000 square feet each. He addressed the paper roads in Country Club Heights and noted that if they were roads he could drive straight to his property. He reiterated the concerns with determining the boundaries of the lots. He indicated that he would like to be present when his lots were inspected. He noted that most of the people ,....., AQENDA ITEM NO.J 'OL< '-.. PAGE 3 () OF~ I""" Page Thirty-One - City Council Minutes - April 13, 2004 work in Los Angeles or somewhere else; and indicated that the only reason he did not live here, was that he could not afford the commute. Bob Dougherty, resident of Hacienda Heights, indicated that he had a couple of lots on Sunnyslope, which he saw today. He commented that he had the same problem in Lake Arrowhead, and noted that they allowed for clearance of the first ten feet. He indicated that clearing his lot would be an impossibility, and noted that he did not see it as a fire hazard, as the vegetation was green. r' Roxanne Adams, resident of San Diego, commented on her 24 acres on El Toro, noting that they had planted a lot of trees, and in the past had been trying to sell the property. She commented that she understood that it was difficult to get permits, but they were now enjoying the land. She indicated that when they decided to spend time on the property, her father cleaned up about 2 or 3 acres of the property and had difficulty finding someone to assist him. She indicated that he brought a group of workers from Orange County, that spent a weekend on the property and cost $5,000. She indicated that there were tires and mattresses being dumped constantly. She commented that her husband was quite involved in caring for the property and had gotten no where in gaining help. She noted that the dump was a quite a distance away, but they always take a large load home. She commented that there were abandoned cars, which no one would come and get. She indicated that they were trying to be responsible and keep the property cleared, but she did not understand why some of the taxes did not go to help with trash pickup. She suggested that the City or County could be involved to catch the people dumping the trash. /""'" Shirley Longo indicated that she had two small parcels by Nichols Road, which she believed were not in City limits, but she got a letter. She inquired if the County was doing abatement as well, and questioned if she could be in the City limits and not know it. City Manager W atenpaugh offered to check. AQENDA ITEM NO. J (~< '" PAGE ) \ o~y Page Thirty-Two - City Council Minutes - April 13, 2004 ---' Frank Mathews, resident of Los Angeles, indicated that he owned property in Country Club Heights and suggested with the weed clearance the area will be left as a mountain. of dirt. Aurora Grihalva, Lake Elsinore, indicated that more time was needed, and questioned a requirement for multiple notices. She expressed concern with the impact of liens on property of people who worked hard to gain the properties. City Manager Watenpaugh noted that he received calls from Jose Gomez, who owns two parcels, of which he. does not know the location. He also noted that he received letters from Margie Kinney and Ilene Bothelio indicated that they will clean the lots, but they need more time. He further noted that he spoke with Paul & Erline Herndon, and they will present a letter to the Clerk for the record on how to identify and clean lots. He also noted that Emil Frankie contacted staff. '-' Mayor Buckley commented that there were a number of similar problems discussed, including difficulty finding the property, violation of habitat issues, time frame for clearance, slope exemptions, lack of appeal process, justification of cost, how often work should be done, road access, a City vendor list and how-to guide. City Manager Watenpaugh indicated regarding the issues of where the property is located, the City will provide a tract map, but can't do the survey work for them. He clarified that the conservation land in habitat areas does not get cleared, as that is against federal law; and noted that there would be sensitivity in those areas. He indicated that the MSHCP would create a larger issue for fuel modification; and would create a major issue when habitat is involved. He addressed the levee and explained that it was posted no trespassing for the levee, but people are welcome to go onto their own property. He addressed the placement of liens and explained the process, including the Teeter Plan which allows local governments to receive the taxes even if people don't pay them. He clarified that the County goes after '-' AQENDA ITEM NO. \ ' D...( '" PAGE 3 20F (, Y ~ Page Thirty-Three - City Council Minutes - April 13, 2004 ,...-- the funds, while the City continues to receive its money each year. He indicated that staff had no legal ability to provide an extension of time, but have offered to do so. He expressed belief that the Council wanted the policies and codes implemented, but not on people who can't comply. He indicated that the first and final notice was all that had ever been used in the past, and although the time frame is short, it has been the standard procedures. He clarified that most of the people with concerns were notified for the first time this year, and staff was trying to work with the people and not penalize them in improving the City's image. He noted that the City does a lot to clean up the community, including a City-wide clean up with large trash bins; last clean up took in 270 tons of trash from people who brought it in. He also noted the Net Program, which is done three or four times a year, and explained the program. He indicated that staff had the same frustrations as the property owners, with trash being dumped in the same places repeatedly. He noted that the City has mandatory trash pickup, but the County does not, so staff has difficulty picking it up as fast as it is dumped. He indicated that with regard to Country Club Heights, an Advisory Committee had been appointed to try to find different standards that would accommodate those property owners, with their unique circumstances. He noted that most of the property owners who spoke tonight were absentee owners, and they missed some of the free services provided to the community. He commented that the community is changing very fast and urbanizing very rapidly. He suggested that those people with concern either contact his office at (909) 674-3124 ext. 204 or Jon Fazzio's office at (909) 674-5170. He indicated that staff was open to recommendations from the Council, but the Municipal Code was pretty cut and dry on the issues. He commented that staff was happy to work with Council's recommendations, and extensions were possible. He clarified that with respect to the administrative charge, the City does not want to abate the properties, and would prefer that the property owners abate them. He also clarified that there was an additional charge over and above the $250, based on the square footage of the lot. ,...-- Councilman Schiffner commented on the number of people from out of town in attendance and welcomed them to the City. He expressed hopes AQENDA ITEM NO. J \ Q.. PAGE 33 OF b If Page Thirty-Four - City Council Minutes..,. April 13, 2004 ~ that they would return on a more friendly basis; but noted that there was nothing said that he could not agree with. He expressed sympathy with their plight, but stressed the City's plight of trying to clean up the City, with this being the only possible approach. He indicated that it was not possible to ask the rest of the citizens to pay for the work out of the general fund. He concurred that the time frame was too short and indicated that he would like to suggest a moratorium or extension of time. He noted that almost 5,000 additional notices were sent out this year, and stressed the City's efforts to clean things up, and make a bigger effort to do so. He stressed that the intent was not to punish anyone; and reiterated that the administrative fee was to discourage people from having the City do the work. He suggested that the City Council hold a Study Session on the whole problem and see how the Police and Fire would see modification of the code to address the slopes and areas which are not easily cleared. He thanked the audience for their attendance at this meeting. ~ Councilman Hickman commented on the problems in Country Club Heights with 5,000 lots and 3,000 owners. He expressed concern for the man who lost his fire insurance and noted the fires which occurred last year and the damage they caused. He indicated that if people called Mr. Fazzio or Mr. Watenpaugh, staff would work with them; but stressed that the program was a matter of safety for the people in the area. He commented that trash and abandoned cars were a touchy subject with him. Councilman Magee expressed appreciation to the people in attendance, since most were not City residents. He addressed the questions regarding who to hire to do the work, and suggested rather than relying on the City for a list, they should contact the Chamber of Commerce. He indicated that with regard to abandoned cars, trash and debris, the City took those complaints very seriously. He noted that the Council had just appointed a Public Safety Commission, that would be placing a complaint form on the website. He indicated that if something was in the public right-of-way it was the City's responsibility and the City would address it, but if it was on private property, the City would not. He clarified that City staffwould ~ AGENDA ITEM NO. \, 0... PAGE 34 OF bY ~1 ",..... Page Thirty-Five - City Council Minutes - April 13, 2004 .~ inspect and decide if the weed clearance was in compliance, and questions should go to Mr. Fazzio. He requested clarification that the issues could be appealed to the Nuisance Abatement Hearing Board. City Manager Watenpaugh indicated that he did not believe there was an appeals process. City Attorney Leibold confirmed that there was no specific appeal process. Councilman Magee commented that Supervisor Ashley's Task Force was an admirable program, and indicated that the County was taking aggressive action in the El Toro Road area. He noted that no one was immune from the issues, as his company near Highway 74 was noticed to remove trash and debris; and removed 52 tons of trash and the homeless moved across the wash from them. He commented that dump fees had peaked in 1993, which only encouraged more dumping; and noted that the cost is now lower than 1993 at $34 per ton. He noted that from the El Toro Cutoff, CR&R in Pertis is seven miles and they are open on the weekends. He indicated that the City's budget could handle this program, and stressed that it is very important and the City has hired staff and purchased equipment to do this task. He suggested looking at timing issues for compliance. ~ Mayor Pro Tern Kelley commented that there were many issues to consider. She inquired if people with an Assessor's Parcel Number could call Mr. Fazzio for assistance in finding their lots. C,ity Manager Watenpaugh indicated that staff could pull plot maps and show them the location of their lots. Mayor Pro Tern Kelley noted the habitat issues; and concurred that vendors could be found by contacting the Chamber. She reiterated that the fee was intended to discourage people having the City do their lots; and commented that she was willing to look at the timing issues. She concurred that there was a short time frame, but noted that the green weeds turn brown fast and become a fire hazard. She addressed the comments that the City should clean the lots for free, but the City is not responsible for private property. She indicated that staff could clean City.property, but not private property until after the abatement deadline. She addressed the question of landlocked properties and questioned the issues. City Manager Watenpaugh indicated that it was his understanding that they could cross private property, but an easement was needed to purchase the property, as a parcel A&ENDA ITEM NO. \ \ tL . " PAGE J 5" OF hY . Page Thirty-Six - City Council Minutes - April 13, 2004 ......." could not be landlocked. City Attorney Leibold clarified that the requirement was in place today, but that may not have been the case with properties purchased years ago. She indicated that permission was required to cross someone else's property. She indicated that some general rules would allow access for abatement purposes. City Manager Watenpaugh noted that a lot of property owners were not able to be located. Mayor Pro Tern Kelley indicated that the City Council and staff were willing to assist where possible, but for the residents the biggest concern she has heard over the last 25 years is why the City isn't cleaned up. She indicated that she takes offense to some of the comments this evening and the last thing she wanted to see were lots that were not cleaned up. She stressed that the City is looking for a better and more beautiful city. She noted that most of the speakers this evening live somewhere else, but there is an ongoing problem with lots that are dumped on all the time. She indicated that the residents are fed up with those issues and the intent of the ordinance is to get the lots cleaned up. She commented that staff will work to assist the property owners, but the lots cannot be a fire hazard or an eyesore. ...., Councilman Schiffner questioned the situation where someone bought the property last year, that was difficult to find or access; since most people with that problem had owned the property for many years. He questioned the motive of a person buying property under those circumstances. Mayor Buckley indicated that most of his issues had been addressed, but indicated that the committee would be looking at issues such as road access in Country Club Heights, as it had been a difficult area for a very long time. He commented that people who live there have great views, and don't want to see trash all over the lots. He suggested that the Council could direct staff to add a couple of weeks, and assist them in finding their property with Assessor's Parcel Numbers. He indicated that there were good suggestions presented tonight which should be revisited during the process next year, with consideration of a slope exemption and exemption of habitat land, as well as an appeal process. He suggested that the idea of a preferred vendor list was not a bad idea either, as well as a how-to guide on weed abatement. '-' AGENDA ITEM NO. l ~ PAGE 3 b Of ~ 4 r- Page Thirty-Seven - City Council Minutes - April 13, 2004 He noted that during a fire last year, we were very lucky that the entire Country Club Heights hillside did not go up in smoke. He questioned if there should be a system without dates, or if the dates should be established later. City Attorney Leibold noted that the Ordinance was approved in 1974, so the program had been in place for many years. She indicated that the implementation had been expanded with additional funding opportunities, but with extensions, the biggest concern was health and safety. She suggested that an appeal process would be one presented to the City Council, with a public hearing as was allowed at this meeting. She indicated that any extension at this point would need to be a clear process and not create a problem with too much time and the potential for a fire hazard. ~ Mayor Buckley questioned what the options were, based on the public hearing. City Manager Watenpaugh questioned the Code with regard to the notice, which had blank dates, and the ability to extend that date for compliance. City Attorney Leibold confmned the ability to extend the time, but questioned if all properties would be extended or only those requesting the extension; and noted that it should be set for a date certain. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO GRANT EXTENSIONS OF TIME TO MAY 31ST, BUT ONLY TO THOSE WHO HAD SPECIFICALLY CONTACTED STAFF TO REQUEST SUCH AN EXTENSION. COUNCIL FURTHER REQUESTED THAT STAFF ASSIST PEOPLE IN FINDING THEIR PROPERTIES, AND RETURN IN THREE MONTHS WITH A CLEANED UP ORDINANCE. Mayor Buckley suggested that staff circulate a list tonight. ,...... THE MEETING WAS RECESSED AT 10:05 P.M. AQENDA ITEM NO. \\~. PAGE J 7 OF bY Page Thirty-Eight - City Council Minutes - April 13, 2004 ""'" THE MEETING RECONVENED AT 10:20 P.M. City Attorney Leibold noted that some people watching this meeting from home might like the same extension of time and questioned if it would be appropriate to establish a deadline. There was general Council discussion of possible deadline dates. City Manager Watenpaugh suggested that if someone contacted staff by May 1 S\ they would get an extension of 30 days. City Attorney Leibold questioned the ability to administer such an extension. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1117 - Zone Change No. 2003-02 - Daigle Homes. LLC. ""'" MOVED BY KELLEY, SECONDED BY MAGEE TO ADOPT ORDINANCE NO. 1117, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2003-02 CHANGING THE ZONING DESIGNATION OF A PARCEL SPECIFICALLY DESCRIBED AS APN (S) 363-240-002, 003,004,008,009 AND 016 FROM R-l SINGLE FAMILY RESIDENTIAL DISTRICT TO R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT UNDER THE ZONING ORDINANCE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY .....,; \ .(X. AGENDA ITE~ NO. "'-. PAGE jC( OF 6 Y '" Page Thirty-Nine - City Council Minutes - April 13, 2004 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading - Ordinance No. 1118 - Animal Control Fee Schedule. MOVED BY MAGEE, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. IllS, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. IllS r'" AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 6.04.020 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING ANIMAL CONTROL FEE SCHEDULE. AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Councilman Magee noted that the Animal Friends representatives had been present to speak until 10: 15, but had to go home. """ 33. Industrial Protect No. 2003-06 - "D & D Cattle Industrial". ~ ~. AQENDA ITEM NO. . , PAQE]q Of~ Y Page Forty - City Council Minutes - April 13, 2004 -." Community Development Director Brady explained this item which involved six buildings, with just over 30,000 square feet of tilt-up concrete buildings similar to the design of the adjacent buildings. He detailed the location and parking provisions and noted that one condition needed to be amended, being Condition No. 26, with the dedication changed from 5 feet along Collier to 12 feet, in compliance with the General Plan. He explained that the 86 foot right-of-way had been approved due to the topography, and the applicant had agreed to that modification. Mayor Buckley questioned if these buildings would be like the existing yellow ones. Community Development Director Brady indicated that they would be of a similar design and clarified the location. Councilman Schiffner inquired if improvements to Collier would be provided by this developer. Community Development Director Brady indicated that the improvements to Collier were already in place, but if anything additional was needed at their location, they would need to provide it. -." Mayor Buckley inquired if these buildings would be sold or leased. Community Development Director Brady indicated that he believed they would be leased. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE DESIGN REVIEW NO. 2003-06 FOR THE CONSTRUCTION OF SIX WAREHOUSE BUILDINGS BASED ON THE FOLLOWING FINDINGS, EXHIBITS "A" THRU "G", AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. 'wI!fII AQENDA ITEM NO. _\ <()\..i U-(\ b~ '"'- PAGE~OF r" Page Forty-One - City Council Minutes - April 13, 2004 The proposed Industrial Design Review located at APN: 377-151-061complies with the goals and objectives of the General Plan, in that the approval of this industrial complex will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging industrial land uses to diversify Lake Elsinore's economic base. ~ 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Industrial Design Review located at APN: 377-151-06 is appropriate to the site and surrounding developments in that the proposed industrial complex has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing projects in that the architectural design, color and material and site designs proposed evidence a concern for quality or originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed The proposed Industrial Design Review located at APN: 377-151-061, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to Article 19 (Categorical Exemptions) and Section 15332 (In-Fill Development Projects). 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. ~ Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Industrial Design AGENDA ITEM NO._\ '~i ", PAGE L\ I OF Co L( Page Forty-Two - City Council Minutes - April 13, 2004 ,...." Review located at 377-151-061 has been scheduled for consideration and approved by the City Council. CONDITIONS OF APPROVAL FOR I NO. 2003-06 - D&D CATTLE - APN 377-151-061 PLANNING DIVISION 1. Design review approval for Industrial Project No. 2003-06 will lapse and be void unless building permits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer one (1) month priorto expiration. 2. All Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. ,...." 3. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 4. Structures shall be placed on-site as depicted on the site plan and/or as modified by the Community Development Director or designee. 5. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of building permit. 6. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond for ,...." \ . 0-- AQENOA ITEM NO. . . , PAGE 4 J- OF (, ~ - r" Page Forty-Three - City Council Minutes - April 13, 2004 each. 7. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 8. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and screening plan shall be approved by the Community Development Director, priorto issuance of building permit. ,-.... 9. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 10. 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. The light fixture proposed is to match the architecture of the building. 11. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for Type 'A' loading zones (12' x 20'). 12. All exterior downspouts shall be painted to match the building color. 13. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or designee. 14. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. /""' 15. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. AQENDA ITEM NO. \. Q.. "-. PAGE Y 3 OF bY Page Forty-Four - City Council Minutes - April 13, 2004 '-' 16. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 17. A sign program shall be submitted for review and approval by the Planning Commission prior to building permit approval. 18. 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. 19. Extensive and mature landscaping shall be constructed along the northeastern (Collier Avenue) and southeastern (immediately adjacent buildings three and six) property lines. 20. The final landscaping/irrigation plan is to be 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 Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%). '-' a. All planting areas shall have permanent and automatic sprinkler system with 1000/0 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 forty feet (40) 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"). ~ AGENDA ITEM NO. \ .0-..- ~ uu _h4". PAGE-=.J.-.1 OF ;""'" Page Forty-Five - City Council Minutes - April 13, 2004 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 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 1. 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. 21. Plant palette shall substantially match the neighboring plant palette featured along Collier Avenue. ~ AGENDA ITEM NO. \. CJ.... , PAGE L.} S- OF~1 Page Forty-Six - City Council Minutes - April!3, 2004 -....JJI ENGINEERING DIVISION 22.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) ~ to final map approval occupancy. 23.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 24.The Traffic Mitigation Fee is $25,150, the Drainage Fee is $4,175 (Warm Springs East District), the K-Rat Fee is $910 and the TUMF is $23,300 if building permits are obtained on/after July 1, 2004. 25.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 building permit '-" 26.Dedicate a 12 ft. wide strip of additional street right-of-way for a total of 50 foot half street width along the frontage of Collier Avenue to the City prior to final map approval building permit. 27. Sidewalks, with handrail, will be required to be constructed along Collier Avenue. 28.If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 29.Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to fffial. map approyal occupancy (LEMC 16.34). '-" \ Q AQENDA ITEM NO. . . PAGE Y ~ OF ~ 4 ~ Page Forty-Seven - City Council Minutes - April 13, 2004 30.All parcels shall have direct access to public right-of-way or be provided with a minimum 26-foot ingress and egress easement to public right-of-way with no on-street parking from the tract boundaries to Minthorn Street by separate instrument or through map recordation. 31. The 26 ft. easement for access to Parcel Map 31901 must be approved by the Riverside County Fire Department prior to final map approval building permit. 32.Riverside County Fire Department must approve easement widths and turning radii within the site prior to final map approval building permit. 33.The 26 ft. ingress/egress easement to Chaney Street must exit onto Chaney Street at least 200 ft. from the intersection of Chaney Street and Collier Avenue. ~ 34.Developer shall contribute $4,600 for the design and construction of the landscaping for one-half of a "raised landscaped" median along the frontage of Collier Avenue prior to issuance of building permit. 35.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). 36.Applicant shall construct public improvements or enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval occupancy. 37.Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). ~ 38.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ~" x 11 II Mylar) shall be submitted to the Engineering AQENDA ITEMNO. to.... '" PAGE 4 1 OF iii- Page Forty-Eight - City Council Minutes - April 13, 2004 ~ Division before final inspection of public works improvements will be scheduled and approved. 39.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval building permit. 40.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. 41.Provide fire protection facilities as required in writing by Riverside County Fire. 42.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. ...., 43.Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 44.Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 45.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy 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. 46.All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 47.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 '-"" NO \ ,0-.' AQENOA ITEM . y. -" p~GE L{ 8'" OF ~ "....... Page Forty-Nine - City Council Minutes - April 13, 2004 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. 48.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 49.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. .~ 50.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 51.Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 52.0n-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 53.All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 54. The site is in the Flood Zone AO, FIRM Map 0606362062F Revised August 18, 2003 and building pads shall be constructed 1 ft. above existing adjacent grades. "....... 55.Meet all requirements ofLEMC 15.64 regarding flood hazard regulations. AQENDA ITEM NO.~ PAGE..:Li OF Ci1 Page Fifty - City Council Minutes - April 13, 2004 '-' 56.Meet all requirements ofLEMC 15.68 regarding floodplain management. 57.The applicant to provide FEMA elevation certificates prior to certificates of occupancy. 58.Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 59.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 60.Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the '-' City Engineer. 61.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area whenever feasible. 62.10 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. 63.Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 64.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 65.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 ......, AQENDA ITEM NO. \. 0-- '--. PAGE sO OF~ ~ Page Fifty-One-- City Council Minutes - April 13, 2004 provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 66.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. 67.Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. /'"'"' 68.Parking lot and roof runoff must go through a filtering system before draining to the public maintained storm drain and or provide permeable parking lot gutters. 69.Applicant shall cause to be recorded a CC&R's with recordation of final map which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the director of Community Development & the City Attorney. The CC& R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 70.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. 34. Nuisance Abatement Hearing Board. ;-.- City Manager Watenpaugh explained that this item was included on the agenda, at the request of Councilman Magee, due to the ongoing vacancy on AQENOA ITEM NO. J . 0.-. " PAGE.2..L OF Co 4 Page Fifty-Two - City Council Minutes - April 13, 2004 ....., the Board. He noted that staff thought that one issue might be to make the hearings easier for people to attend by moving them to the evenings in connection with the Planning Commission meetings. He stressed that a lot of people could not attend during the day, including some of the people who had been appointed in the past. He explained that staff has filled in for the existing vacant position, and Community Development Director Brady had addressed the issue with the Planning Commission and is receptive to handling these items if the Council so desires. Councilman Schiffner commented that the Planning Commission members used to cover this Board, and he was not sure why it was changed unless they chose not to do it. Community Development Director Brady noted that the Code reads two Planning Commissioners or member appointed by the City Manager. He noted that there is a concern that when only two members participate it is not taken seriously, but the Planning Commission does have the experience and could take on the task. ....., Councilman Hickman suggested with the creation of the Public Safety Commission, the responsibility should be shifted there, so the Planning Commission could be directed toward the General Plan to get that moving forward. He indicated that he was embarrassed by the last Planning Commission meeting, and suggested that the Public Safety Commission could give it more teeth. Mayor Pro Tem Kelley suggested that such a shift would give the board less teeth. City Manager Watenpaugh clarified that the Public Safety Commission was advisory to the Council, while the Planning Commission is responsible for planning and zoning. Mayor Pro Tem Kelley indicated that the Public Safety Commission was formed with different goals, so if the Planning Commission was willing to cover this responsibility it would carry a lot more credibility, as they know the codes. Councilman Schiffner commented that the Planning Commission has no active part in updating the General Plan, other than to decide on the final plan. Community Development Director Brady indicated that it was the intent that the Planning Commission would review the plan and make recommendations and be somewhat involved in the process. Councilman ........" AQENOA ITEM NO. \, CA.. PAGE ()..OF.l2.:L ,-. Page Fifty-Three - City Council Minutes - April 13, 2004 Schiffner clarified that the Planning Commission was not holding up the General Plan process. .---. Councilman Magee indicated that staff had some good ideas in this recommendation. He noted that he had asked the City Clerk to do research and had provided a copy regarding this issue. He read from a staff report dated August 8, 2000, and noted that there were several people active in the community and willing to serve. He noted that the Mayor had suggested appointing these representatives separate from the Planning Commission and indicated that would provide more resident participation, which he supports. He noted that he understood staff s point about the Planning Commissioners, but he also understood the point about access to the public with evening meetings. He suggested that the professionalism of a meeting in the Cultural Center setting sent a different message. He suggested continuing the practice that the Council recommends representatives to the City Manager for appointment to the two individuals; with those meetings occurring immediately following a Planning Commission hearing. Councilman Hickman requested clarification that the recommendation was to stay with the two members, but hold the meeting after the Planning .Commission. Councilman Magee confirmed. ~ Mayor Buckley commented that not everyone in front of the Board was a slum lord, but some were inconvenienced to be present at 9 a.m. He indicated that he could see the point of the Public Safety Commission or Planning Commission covering the Board, but thought that continuing with the two independent votes was the best idea. He questioned the timing of meetings. Community Development Director Brady indicated that they were currently held once a month. Mayor Buckley inquired if they had something to consider every month. Mr. Brady confirmed. Councilman Schiffner noted the reluctance of people to show up for the meetings. Mr. Brady indicated that there was a vacancy which at times posed problems. City Manager Watenpaugh questioned the alignment of the Board meeting with Planning Commission meetings, and questioned if they would be on site waiting for the Planning Commission to finish their agenda. AQENDA ITEM NO. J I (J.... PAGE )) OFGi Page Fifty-Four - City Council Minutes - April 13, 2004 "'-'" Councilman Magee questioned the length of the Planning Commission meetings. Mr. Brady indicated that the last meeting went until about 10 p.m. Councilman Magee inquired if most meetings were two hours or less. Councilman Hickman suggested holding the Nuisance hearings first. There was general discussion of the timing of meetings; and it was the consensus to hold the Nuisance hearings at 5 p.m., followed by the Planning Commission meetings at 6 p.m. MOVED BY MAGEE, SECONDED BY HICKMAN THAT THE NUISANCE ABATEMENT HEARING BOARD CONTINUE TO CONSIST OF TWO MEMBERS APPOINTED BY THE CITY MANAGER; AND THAT THE MEETING TIME FOR THE HEARINGS BE CHANGED TO THE FIRST TUESDAY AT 5 P.M. AT THE CULTURAL CENTER, PRECEDING THE PLANNING COMMISSION MEETING; AND IN THE ABSENCE OF AN OFFICER THE COMMUNITY DEVELOPMENT DIRECTOR WILL SERVE AS THE SUBSTITUTE. "'-'" Councilman Schiffner indicated that he would support the motion, but he still felt it would be a problem. Councilman Hickman inquired if there should be a motion to appoint the representatives. Mayor Pro Tern Kelley noted that the appointment was not listed on the agenda. Mayor Buckley suggested that the appointments be held until the next meeting. Councilman Magee noted the variation between the Code and the practice. Mayor Buckley indicated that recommendations would be made at the next meeting. Councilman Schiffner inquired if Mr. Franson desired to continue on the Board. Community Development Director Brady indicated that he was not sure of Mr. Franson's intentions. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 35. Easement and Public Park Improvement Agreement "'-'" AQENDA ITEM NO. \ .~- PAGE 5L\ OF.-b!:L " Page Fifty-Five - City Council Minutes - April 13, 2004 City Manager Watenpaugh deferred to Community Services Director Sapp, noting that he had been working with the City Attorney and EVMWD. r- Community Services Director Sapp detailed this item, including its location, and noted that the site was just over an acre. He indicated that the site would be used for a well site, and as a condition of the planning process for the park, they have 30 days to begin the landscaping plans. He noted that it was more cost effective to do it all at the same time, so it would probably be done contiguously. He indicated that the amount of participation by the Water District would be based on the valuation of the easement. He explained that the agreement requires appraisals, with the District moving forward with the process. He indicated that there had been some discussion of limiting the time and moving forward with the park improvements; but it was currently somewhat open ended, with no timeline for development. He indicated that the District was ready to get moving right away per his conversations. Mayor Pro Tern Kelley commented that she wanted to be sensitive to how the project looks in the process, as there are a lot of residents in the area. Community Services Director Sapp noted that the valuation of the property will probably not be equal to the improvements, so the City will have to participate financially. He noted that there would be funding for the year 2005-06 to help complete this project. Mayor Buckley requested clarification. Mr. Sapp indicated that there would be extensive time for planning and construction documents. City Manager Watenpaugh noted the addition of a requirement that the improvements all be in place by February 1, 2005. Councilman Schiffner inquired if the plans would be back for approval. Mr. Sapp indicated that they could be if the Council desired. Council concurred that they would want to see the final plans. " MOVED BY KELLEY, SECONDED BY HICKMAN TO APPROVE THE EASEMENT AND PUBLIC PARK IMPROVEMENT AGREEMENT WITH ELSINORE VALLEY MUNICIPAL WATER DISTRICT AND GRANT THE EASEMENT FOR THE WELL STRUCTURE, WITH A DEADLINE AQENDA ITEM NO. \ I ~. .", PAGE 5:) OF" 4 Page Fifty-Six - City Council Minutes - April 13, 2004 ~ OF FEBRUARY 1, 2005, FOR CONSTRUCTION OF THE WELL AND PARK IMPROVEMENTS. Councilman Schiffner indicated that he would want to see the whole plan for the Water District facility and the park. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 36. City Hall Remodel. City Manager Watenpaugh explained that this item was to consider the ability to provide more public counter service space. He noted that Council was concerned about the time line, and staff would be putting one together and getting it back to them by the end of the week. ~ Community Services Director Sapp indicated that once the funding was approved staff could formulate a time line. He explained the proposed plan for improved public access to City Hall, and accommodation of the increased level of activity in the City. He explained that the plan would provide a hallway to connect the lobby to what is now the entry for Council and Community Services; and would provide another 18 feet of counter space and two cashiers. He noted that there was also a plan to relocate Community Services and the City Council/City Clerk's offices for easier public access. He advised that the cost was estimated at $29,600, and staff was recommending up to $30,000 for the improvements. Mayor Buckley noted that Finance would be upstairs. Councilman Schiffner noted that he had seen an indication that the changes would allow access to the City Council office when City Hall was closed. Community Services Director Sapp confirmed with the switching of office, they would have access for computers, document review, etc., 24 hours a day. Mayor Buckley indicated that the proposed changes were a good idea, and suggested when the work was complete, the reopening might be a good day to start opening on Fridays, with the dedication taking place on Friday. ~ AQENDA ITEM NO. \ .<J-.,. PAGE Sb OF~ ,..... Page Fifty-Seven - City Council Minutes - April 13, 2004 MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE STAFF TO MAKE THE IMPROVEMENTS AS OUTLINED AND APPROPRIATE $30,000 FROM THE GENERAL FUND RESERVE TO OFFSET THE PROPOSED COSTS FOR THE IMPROVEMENTS. Councilman Magee stressed that this action would be improving access to City Hall, and both doors would be open to the public. He noted the frustration of finding locked doors, especially on Fridays; and suggested that would go away. He commented that there would be immediate access to the City Clerk and the City Council Office and suggested the cost was a bargain. "..... 37. Amendment to Land Development Agreement and Temporary Land Transfer Agreement with South Shore Properties. LLC. ,..... City Attorney Leibold indicated that this Agreement was very similar to the item considered the last meeting as it related to the delinquent Community Facilities District. She explained that the special tax had been stalled and consolidated with other underperforming CFD's. She indicated that with regard to South Shore Properties, there was an approved Development Agreement, that provided for some release of delinquencies in exchange for development, but encountered problems when they went to the County for release of the property tax delinquencies. She explained that the first issue was the City allowing the release; and the second issue was to comply with the County's requirements to release the taxes. She reiterated that the proposed action was similar to the Wasson Canyon item at the last meeting. She indicated that the developer had paid the first payment, which was non- refundable; and the City would take title temporarily, with the developer providing a promissory note secured against the property. She detailed the specifics of the arrangement, including the balance to be paid upon approval of the second Tentative Tract Map or by 2007. She noted that if the balance was paid before 2004, a discount will apply. AQENDA ITEM NO. \ ' D-- . '''. PAGEllOF Gt-\ Page Fifty-Eight - City Council Minutes - April 13, 2004 ~ MOVED BY KELLEY, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE FIRST AMENDMENT TO THE LAND DEVELOPMENT AGREEMENT, THE TEMPORARY LAND TRANSFER AGREEMENT SUBJECT TO ANY MINOR MODIFICATIONS AS APPROVED BY THE CITY ATTORNEY, AND AUTHORIZED THE MAYOR TO EXECUTE SAID AGREEMENTS; AND AUTHORIZED THE MAYOR TO EXECUTE THE QUITCLAIM DEED, AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE CERTIFICATE OF ACCEPTANCE. 38. Electoral Reform Committee. City Manager Watenpaugh explained that this item had been listed for consideration at the request of the Mayor; and noted that the intent was to look at changing back to even number years for elections, the possibility of an elected Mayor, forming districts and tightening up the campaign finance reporting requirements. He deferred to Mayor Buckley for further information. '--" Tim Fleming, 17970 Lakeshore Drive, stressed the importance of forming districts and reforming management. He noted that some neighborhoods were being neglected, and still had unpaved road and minimal street lighting, He further noted that weed abatement had been done poorly at best, although it might be changing. He stressed that reform and committees were good for the City. Mayor Buckley highlighted the proposed committee to look at moving City elections, devise a new and permanent procedure for commission! committee appointments, establishing new campaign finance standards, reviewing the possibility of electing by District and/or the possibility of directly electing the Mayor. He indicated that the Committee should investigate whether to continue the position of City Treasurer in an elected capacity. He further indicated that the Committee was barred from ......" A~NOA ITEM NO. ); Q . , PAGE S~ ok~ .",-.... Page Fifty-Nine - City Council Minutes - April 13, 2004 consideration of a City Charter or modifying the relationship between Council and staff. He commented that he was in favor of all of those changes, but understood that there was a significant difference of opinion. He suggested that by creating this committee, those issues would be dealt with and finished. He noted that these considerations had been discussed for four years ago when people signed the petitions to establish districts. He indicated that he would make every effort to support the recommendations the Committee comes back with. Mayor Pro Tern Kelley indicated that she was ready to make her appointment. She appointed James Judziewicz. ",..-- Councilman Hickman appointed Mike Maskell, and gave his phone number as 674-0272. Councilman Magee appointed Jimmy Flores. Councilman Schiffner appointed Joyce Hohenadl, and gave her phone number as 674-2159. Mayor Buckley appointed David Walsh, as Chairman of the committee. MOVED BY HICKMAN, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO ESTABLISH THE COMMITTEE AND CONFIRM THE APPOINTMENTS AS LISTED. Mayor Buckley indicated that Mr. Walsh would be talking with City Attorney Leibold and City Clerk Kasad, to get started with the Committee. 39. Federal Energy Regulatory Commission Solicitation for Additional Study Request regarding the Lake Elsinore Advanced Pumped Storage Project. ",..-- City Attorney Leibold noted the EVMWD and the Nevada Hydro Company A<iENOA ITEM NO. { ,(A. PAGE s- q OF CoLf Page Sixty - City Council Minutes - April 13, 2004 -."" were working through the proposed LEAPS project with two reservoirs; and explained the approval process. She indicated that there would be some potential impacts on the lake and shoreline of the Lake; and the comment period was running through May 11th. She advised that this item was a request for the Council to provide some direction to staff on the level of participation by the City and the submittal of comments prior to the deadline. Edith Stafford, 29700 Hursh, indicated that she opposes the Lake being used as part of the LEAPS project; but in the event the project is approved, she would like to see the City make some strong stipulations on the times the water is pumped up and down the hill. She commented that the Lake is one of the City's greatest assets and she wants to be sure that the beauty of the Lake is maintained. She stressed that the water level should never be allowed to drop below a certain level such as 1245'. ......., MOVED BY KELLEY TO DIRECT THE CITY ATTORNEY TO GET INVOLVED IN THE PROCESS BY PREPARING COMMENTS TO BRING BACK TO THE COUNCIL; AND AUTHORIZE AN APPROPRIATE LEVEL OF SPENDING. Mayor Buckley commented that the document needs to be very carefully worded; but establish a place at the table in the process. Councilman Schiffner commented that it was reasonably clear that the City was not properly represented in the application process, and he would like to see the City Attorney make comments to correct some inaccuracies. City Attorney Leibold advised that she would like to see the thrust of the comments to be similar to those of Mrs. Stafford, that the Lake is the centerpiece of the community, and because of the ownership interests, the City would like to work to preserve the recreational uses of the Lake. Councilman Schiffner indicated that he was not sure of the regulation, but it might defeat the purpose if there is a request to release the water. ......." A<aENDA ITEM NO. J 'Ov PAGE~OF (QL( ,.... Page Sixty-One - City Council Minutes - April 13, 2004 THE FOREGOING MOTION WAS SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 11:11 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 11:15 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Ruth Atkins, 15287 Lake Trail Circle, announced that the Lake Elsinore Historical Society had established its own website at www.1akeelsinorehistoricalsociety.org ~ Pete Dawson, 18010 Grand Avenue, addressed the subject of water for Lake Elsinore. He noted the 2001 lawsuit against the Water District which demanded the release of natural waters being held back illegally. He addressed the 2003 agreement, which called for three sources of water, including the natural flows from the San Jacinto river. He demanded that the City speak up on this issue and assure that the water supply is replaced. Edith Stafford, 29700 Hursh, indicated that she was very impressed with the City Council lately. She commented that it was ajoy to come to the meetings and see them run smoothly, with the Councilmembers mostly in one accord. She indicated that even the disagreements were smooth sailing and encouraged that this continue. Chris Hyland, 15681 Wavecrest, announced the Historical Society's Mother's Day Garden Tour on May 8th from 10 a.m. to 3 p.m. She indicated that there were great houses with gardens and the proceeds will benefit the scholarship and restoration fund. ,.... Paula Graver, 218 Ellis, noted that her son was in Baghdad, and read an Easter e- mail from him. She also read "I wish you enough". \ <C\.. AQE.NOA ITEM NO. r Lf \ PAGE.1L OF..& Page Sixty-Two - City Council Minutes - April 13, 2004 ....., CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Presented the poster developed by Information/Communications Manager Dennis to hang in Congressman Issa's office. He noted that Congressman Issa was very impressed and received a lot of good comments. Mr. Dennis presented the poster for viewing. CITY ATTORNEY COMMENTS No Comments. COMMITTEE REPORTS ....., No Reports. CITY COUNCIL COMMENTS Mayor Pro Tern Kelley commented on the following: 1) Congratulated Mark Cordova, as Officer of the Year. Councilman Hickman commented on the following: 1) Thanked Pete Dawson for the donation of cameras for the Photo Contest. 2) Noted that he attended the funeral for Luella Dagermon, and read a poem Luella had written. 3) Announced the Pet Walk on April 1 th and the Mayor's Prayer Breakfast on May 6th. ....., AQENDA ITEM NO.J 10.... PAGE b ~ OF bL{ ~ Page Sixty-Three - City Council Minutes - April 13, 2004 Councilman Magee commented on the following: 1) Thanked staff for addressing Mr. Hewison's concerns. 2) Thanked the Campground concessionaire for allowing access to the house on the property. 3) Thanked Parks & Open Space Manager Fazzio for the clear presentation on weed abatement, but noted that the residents ignored most of what he said, although he did a fine job. Mayor Buckley commented on the following: ~ 1) Announced the NAACP Scholarship Lunch at the Diamond Club on May 8th. 2) Announced that the SANDAG regional plan workshop would be held on April 19th at the Wildwood Community Center in Vista. 3) Announced the following local events: April 16th - Castles to Bungalows Conference in Riverside. April 17th - Walk the Dog event. April 1 ih - Fashion Show at the Women's Club April 24th - Cruise Night. 4) Addressed the Nuisance Abatement Board, and suggested giving them the weed abatement issues next year. ADJOURNMENT ."...... AQENDA ITEM NO. \ I Q. PAGE.-k.l OF b '-f Page Sixty-Four - City Council Minutes - April 13, 2004 '-"" THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 11:30 P.M. THOMAS BUCKLEY, MAYOR CITY OF LAKE ELSINORE ATTEST: VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE ....., '-"" AQENDA ITEM No._l (' ~ ,- PAGElloFl.:L- APRIL 30, 2004 CITY OF LAKE ELSINORE WARRANT SUMMARY " FUND# FUND DESCRIPTION TOTAL 100 102 110 130 205 221 231 254 257 358 359 362 363 366 604 606 608 620 GENERAL FUND L.L.E.B.G. PROGRAM FUND STATE GAS TAX FUND LIGHTING / LANDSCAPE MAINTENANCE FUND TRAFFIC IMPACT FEE FUND PARK C.I.P. FUND LIBRARY C.I.P. FUND 89-1 RAILROAD CANYON IMPROVEMENT FUND C.F.D. 2003-02 CANYON HILLS FUND C.F.D. 91-2 DEBT SERVICE FUND C.F.D. 90-3 DEBT SERVICE FUND C.F.D. 95-1 (1996-E) DEBT SERVICE FUND C.F.D. 88-3 III (A)/97 SERIES A DEBT SERVICE FUND C.F.D.2004-1 DEBT SERVICE FUND ENDOWMENT TRUST FUND MOBILE SOURCE AIR POLLUTION FUND TRUST DEPOSITS & PRE-PAID EXP. FUND COST RECOVERY SYSTEM 877,656.36 7,451.85 4,912.34 25,720.90 50,208.17 290.08 3,959.75 72.52 15,995.00 1,350.00 1,350.00 900.00 1,350.00 12,500.00 500.00 35.00 5,100.00 6,102.64 GRAND TOTAL ~ ~ 1,015,454.61 ACENDA ITEM NO. :A PAOL-1--OF 5/4/2004 P:\WARRANT LIST MASTER\WARRANT 043004 / ,~ - APRIL 30, 2004 CITY OF LAKE ELSINORE CillC~ ~NDORN~ 77338 DEPARTMENT OF CONSERVATION 77492 DEPARTMENT OF PARKS & RECREATION 77 493 MAYHALL PRINT SHOP 77494 37TH SENATE SCHOLARSHIP FUND 77495 BUILDING INDUSTRIES ASSOCIATION 77496 INTUIT-QUICKBOOKS 77497 VINCENZO'S 77498 KOKORO'S SUSHI AND CUISINE 77499 CB RANCH ENTERPRISES 77500 RIVERSIDE COUNTY'S CREDIT UNION 77501 I.C.MA RETIREMENT TRUST 77502 CALIFORNIA P.E.R.S. 77503 THE BUSINESS PRESS 77504 PRAYER FORCE/L.E.M.P.B. 77505 DIEHL,EVANS & COMPANY, LLP 77506 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 77507 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 77510 A & A JANITORIAL SERVICE 77511 A BETTER PARTY 77512 ACTION PARK ALLIANCE, INC. 77513 ALESCO DEVELOPMENT CO., LLC 77514 ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. 77515 ALLIED TRAFFIC EQUIPMENT 77516 ALPINE PREMIUM WATER-NATHAN GARNER 77517 AMERICAN FORENSIC NURSES 77518 AMERICAN PROBATION & PAROLE ASSOCIATION 77519 APPLE ONE EMPLOYMENT SERVICES 77520 MAX ARAGON 77521 ARTISAN GOLDSMITHS & AWARDS 77522 BIO-TOX LABORATORIES 77523 BOATS PLUS 77524 BOOJUM INSTITUTE FOR EXPERIENTIAL EDUCATION 77525 BROWN, ROBERT 77526 CALOL YMPIC GLOVE & SAFETY CO. 77527 CCP INDUSTRIES, INC. 77528 CELSOC 77529 CITICORP VENDOR FINANCE, INC. 77530 COAST TO COAST WIRELESS, INC. 77531 COMTRONIX OF HEMET 77532 COUNTS UNLIMITED, INC. 77533 KIRT A. COURY 77534 CRAFCO, INC. 77535 CUTTING EDGE STAFFING, INC. 77536 D & SELECTRIC 77537-77538 DO IT CENTER 77539 CAROLE K. DONAHOE, AICP 77540 DOWNS COMMERCIAL FUELING, INC. 77541 DOWNTOWN IDEA EXCHANGE 77542-77548 E. V. M. W. D. 77549 E-Z-GO DIVISION OF TEXTRON 5/4/2004 P:\WARRANT LIST MASTER\WARRANT 043004 1 OF 4 WARRANT LIST AMOUNT 3,813.50 ...., 1,000.00 401.80 1,000.00 75.00 646.45 185.87 374.43 120.00 3,175.00 4,700.43 20,970.34 450.00 340.00 175.00 400.00 425.00 1,717.50 613.66 12,498.00 2,100.00 1,465.71 543.82 348.20 640.45 200.00 '--' 3,911.63 3,088.00 28.49 949.37 664.91 700.00 200.00 830.92 144.72 99.85 770.41 35.91 6,723.43 350.00 4,325.00 1,208.20 2,271.60 1,170.00 397.51 1,300.00 2,844.06 204.50 19,946.53 1 09.4 7 ......" ACENDA ITEM No.2 PAGE ~ OF t.)' APRIL 30, 2004 CITY OF LAJKJ3 ELSINORE ............HECK# VENDOR NAME 17550 ELITE ELEVATOR, INC. 77551 ELSINORE ELECTRICAL SUPPLY, INC. 77552 EMPLOYMENT SYSTEMS 77553 ENVIRONMENTAL RECOVERY SOLUTIONS 77554 EXCEL LANDSCAPE, INC. 77555 EXXON MOBIL 77556 FEDERAL EXPRESS CORPORATION 77557 FIRST AMERICAN REAL ESTATE SOLUTION 77558 FRANCE PUBLICATIONS, INC. 77559 GEO SEC, INC. 77560 ARLINE GULBRANSEN 77561 JOHN HAGGERTY 77562 LORENA HANCOCK 77563-77565 HARRIS & ASSOCIATES, INC. 77566 HARTZOG & CRABILL, INC. 77567 HDR ENGINEERING, INC. 77568 HEMET FENCE CO. 77569 HUB CONSTRUCTION SPECIALTIES, INC. 77570 INLAND EMPIRE CHAPTER 77571 INTERSTATE SWEEPING SERVICES 77572 JEFF HAUSER MOBILE WELDING 77573 PAT KILROY 77574 L & M FERTILIZER, INC. ,....::z7575 LAKE AIR COMPANY '576 LAKE CHEVROLET 77577 LAKE ELSINORE FLORIST & GIFTS 77578 LAKE ELSINORE TIRE & AUTO, INC. 77579 LAKELAND MARINE 77580 LEHMAN BROTHERS, INC. 77581 LIBRARY SYSTEMS & SERVICES, LLC 77582 MAHN TAEK L1M 77583 SUSAN LORY 77584 LOWE'S HOME CENTERS, INC. 77585 CHARLES MACKEY JR. 77586 MAUREEN KANE & ASSOCIATES, INC. 77587 MAYHALL PRINT SHOP 77588 MBC CONSTRUCTORS, LTD. 77589 MBIA 77590 MEMPHIS NET & TWINE CO., INC. 77591 CORDIE MILLER 77592 LINDA M. MILLER 77593 DOUG MONTE 77594 DUANE A. MORITA 77595 MORROW PLUMBING, INC. 77596 MT. SAN JACINTO COLLEGE DISTRICT 77597 NEW PIG 77598 NEW SONG CALVARY CHURCH 77599 NOBLE CONSULTANTS, INC. """"7600 PAPER DIRECT, INC. f601 PCI PARKING & HIGHWAY STRIPING 5/4/2004 P:\WARRANT LIST MASTER\WARRANT 043004 20F4 WARRANT LIST AMOUNT 312.00 39.75 3,408.44 1,950.00 1,682.00 502.18 81.78 125.55 79.00 2,446.66 33.00 296.25 3,838.00 125,604.82 1,658.90 3,126.42 73.20 19.93 30.00 850.00 1,980.00 181.07 476.51 801.00 18.68 61.31 30.00 16.11 4,893.75 3,959.75 100.00 636.00 178.20 3,710.00 880.00 689.60 50.00 375.00 73.59 102.23 2,880.00 335.00 4,986.00 69.07 21.00 75.88 462.74 1,601.48 74.92 114.36 AGENDA 'TEM NO. PACE ~ OF d- e:; - - APRIL 30, 2004 CITY OF LAKE ELSINORE WARRANT LIST CHECK# VENDOR NAME 77602-77603 PETTY CASH 77604 PHD PENSKE LEASING 77605 PHOTO WORKS OF TEMECULA 77606 THE PLANNING CENTER 77607 THE PRESS ENTERPRISE 77608-77609 PRUDENTIAL OVERALL SUPPLY 77610 LEONARD PURVIS 77611-77612 QUILL CORPORATION 77613 QWEST COMMUNICATIONS 77614 RADISSON PLAZA-WARWICK HOTEL 77615 RIGHTWAY 77616 RIVERSIDE COUNTY SHERIFF 77617 RIVERSIDE COUNTY SHERIFF 77618 COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT 77619 COUNTY OF RIVERSIDE OFFICE OF THE AUDITOR-CONTROLLER 77620 COUNTY OF RIVERSIDE, BOB DOYLE, LAKE ELSINORE SHERIFF STATION 77621 ROBBINS PEST MANAGEMENT, INC. 77622 ANTHONY ROMERO 77623 JESUS ROQUE 77624 ROTARY CLUB OF LAKE ELSINORE 77625 SAFE DESIGNS, INC. 77626 DAVID W. SAPP 77627 SC ENGINEERING 77628 SCOTT FAZEKAS & ASSOCIATES, INC. 77629 RAYMOND SEEMANN 77630 SERVICE ONE SERVICE, INC. 77631 SHARE CORP. 77632 DILlP B. SHETH 77633 SIMPLOT PARTNERS 77634 SOUTHERN CALIFORNIA EDISON CO. 77635-77642 SOUTHERN CALIFORNIA EDISON CO. 77643 SPECTRUM 77644 KAREN STALEY 77645 KEN STANWICK 77646 STAUFFER'S LAWN EQUIPMENT 77647 STENO SOLUTIONS 77648 PEGGY J. STORAASLI 77649 BOB STOVER, INC. 77650 TEAM AUTOAID, INC. 77651 TEXTRON FINANCIAL CORPORATION 77652 THREE LAKES SHERIFF'S POSSE 77653 TOMARK SPORTS, INC. 77654 TOP-LINE INDUSTRIAL, INC. 77655 TOSCO/FLEET FUELING SERVICES 77656 UNITED PARCEL SERVICE 77657 VALLEY CENTER AUTO PARTS NAPA 77658 VAN BLARCOM, LEIBOLD, MC CLENDON & MANN 77659 VENUS PRINTING 77660 VERIZON EQUIPMENT SALES & SERVICES 77661-77665 VERIZON CALIFORNIA, INC. AMOUNT 542.23 "-" 898.58 67.85 2,609.35 339.30 300.62 608.78 3,002.82 15.77 417.24 283.10 414,786.89 5,409.60 10,500.00 2,280.00 8,820.76 220.00 200.00 240.00 170.00 1 ,925.42 210.00 50,068.17 7,369.61 166.60 ......, 1,190.00 1,323.14 1,400.00 517.63 1,268.80 18,489.83 1,000.00 102.23 350.00 62.28 653.99 836.00 4,590.00 138.02 987.13 1,000.00 1,478.91 73.83 3,752.88 133.38 73.25 20,981.00 261.74 576.14 3,786.43 ~ 5/4/2004 P:\WARRANT LIST MASTER\WARRANT 043004 30F4 AGENDA ITEM NO. PAGE l{ J-. 5 OF APRIL 30. 2004 "'-BECK# . 1666 77667 77668 77669 77670 77671 77672 77673 77674 CITY OF LAKE ELSINORE VENDOR NAME WAL-MART STORES, INC. WAXIE SANITARY SUPPLY PETER WEBER BILL WELLS WEST COAST WINDOW CLEANING WESTERN HIGHWAY PRODUCTS, INC. WESTIN PASADENA WILLDAN JENNA WILLIAMS WARRANT LIST AMOUNT 978.85 1,161.83 149.50 35.31 450.00 4,180.72 274.16 1,088.00 500.00 TOTAL PIE DATE: 04/16/04 PAYROLL TAXES 04/16/04 PAYROLL CASH 871,943.47 45,108.96 98,402.18 GRAND TOTAL .~ ",...-.. 5/4/2004 P:\WARRANT LIST MASTER\WARRANT 043004 40F4 ---- 1,015,454.61 ACENDA ITEM NO. 1 PACE_ L) -OF - - ~ -A... ",- CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: RICHARD W ATENPAUGH, CITY MANAGER DATE: May 11, 2004 SUBJECT: CR&R - ANNUAL CONSUMER PRICE INDEX INCREASE BACKGROUND A contract was awarded to CR&R, Inc. in June of 1992 to collect and dispose of all refuse and to collect and process all recyclab1es in the City of Lake Elsinore. The contract specifies that rates be adjusted annually to reflect changes in the Consumer Price Index (CPQ and any increases in the Riverside County Landfill Fees. DISCUSSION ",--. According to the data supplied by the Bureau of Labor Statistics for the year ending March 31, 2004, the Consumer Price Index for the Los Angeles, Riverside and Orange County area increased by 1.8%. This percentage increase is applied to all operations ofCR&R. To calculate the amount, the City's $.50 recycling fee and the current landfill fee are subtracted from the current fee. The new CPI percentage is then added to the adjusted current fee. The CPI increase will result in a $.33 per month increase for residential refuse collection. Also tipping fees will go up by 1.8% or $.41 per ton. FISCAL IMP ACT The contract specifies that 20% of the Grantee's gross revenues, less landfill fees, shall be payable to the City at the end of each quarter of the fiscal year. This rate adjustment will result in an increase in revenue to the City. RECOMMENDATION Staff recommends that City Council approve the CPI increase and the application of new rates for refuse pick-up, recycling and disposal (Exhibit C) to take effect on July 1, 2004. ' PREPARED BY: Jon Fazzio, Parks and Open Space Man D APPROVED BY: APPROVED FOR AGENDA LISTING: ~ ACENDA ITEM NO. .3 PAO!-L-Of .t; " , M:ethodoloev" , ,,' , ConsiunerPrice Index";:' ,1.8% Lan, dfill'Fe, eIncrease."-1.8%,,ot$.4J/to,n .'. '. '., ~ ',' . '.... ."- . .. . 'L This type of service is 110 longer offered. 2.Tms tYPe of service.is no IOllger offered. '3.<Service: ,SiK70/month -,$;~OSRRE:ree'-$3A81andfill f~e x '1;8%=" buidfill:" $;21:x $.41 increase per ton x 21% diversion = TotaIIncre~e: ' , $.26 $.07 $, 33/month ,4. Se:rvic~: $8.43/month - $1.60 landfill fee x 1.8% = LaIldfill: '$.21 x $.4lin~rease'pertonx 21 % diyersion == Total Increaser $ .12 ,$ ,.07 $ . 19/month, 5. Semce:$8.43/month':$1.60 landfill feex 1.8%=, " 'Landfill: '$,21 x $.41 increase per ton,x iJ % diversion;=: Total 'Increase: ' $ .12 . $.07 . $, .19/month ....., , . . '. . 6. Sbrvice:',' ,$11732/month- $.25 SRRE fee -$29.28Iandfill fee x 1.8%= Landfill: $:91 x$.41 increase per ton = .Total Increase: $1.58 .$37 . $1.95/month 7. Service: $87. 16/month - $.25SRRE fee - $21.73 landfili fee x 1.8%= Landfill: $.91 x $.41 increase per ton = . Total Increase: , $1.17 $37 . $ L54/month .' 8. ServIce: $76.45I1oad~$6.761andfil1fee x 1.8%= Landfill: $.91 x $.41 increase perton:::: Total II1crease: " $1.25 .$ .37 $L62/Ioad 9. Service: $36.05 per each x 1.8% CPI = . $ .65/each 10.,Service $209J5 per load x 1.8%CPI= $3. 75110ad 11. Service $709.15 per load x 1.8%CPI '!'" $3.75I1oad ....., 3 AGENDA ITEM NO. PA~:.~ Of _ 5 Schedule of' Rates (effective JulyI, 2004)" . i . " _ '3-. Eullyautomated single-f~iIyresidential refUse collection,- . recycling,compos~ing,tn,1!1sferat1d_disposal: , $19.03 permonth 4. Fully automated siJ1~h~~famjly. residyntial additionalrefuse; recycling, and compo~tingcontainerrrionthlyper container rate: ' $ 8.62 per month 5. Single family residential additionttlbulky item pick up , above the minimum of2 per calendar year: $ 8.62 per pick up 6. Commercial, ind~strial,and:multi-familyr~sidential refusemonthIy hin rates ( one 3 cubic yard bin) with the following pick ups per week: ,', /"'" 1 :kweek $119:27 2x week $212.52 Jx week $318.78 4 x week $425.04 5 x week $53130 6 x week: $637.56 . 7. COnunerCial,. industrial" and multi-family residentialrefuse monthly bin rates (one 1-112 cubic yardhin ) with the following pick ups per week:' , . - 1 x week 2x week 3 x week 4 x week 5 :x week 6 x week _ $"88.70 $166.8.3 $250.26 , $333,68 $4i7.1O , $500:67 8. Temporary 3 cubic yard bin rate: $ 78.05 pickup 9. Redelivery and reinstatement rate: $ 36.70 occurrenCe 10., 40 cubic yard roll-off bin rate:" $212.90+MRF/landfill fees ,...... 11. 1 o cubic Yard roll-off/lowboy rate: $2, . 12.90 +MRF/landfill fees. '. '. '-,'.', '. . . . . ACENDA ITEM NO. J PACE,3 Of 5- 'iij 0 .o~ 00 o u ~ro ro 01 u.2: ~~ 01 Ql 11:.... -g.9 ro E E01 01- 9 ~.B ctnQ) 9-g6 ~r.l!"'" Ll..E5; .... (]; .... :::l 0 OJ C . ...... e8 ~ 0, ~~8 .oLl..a ~01N <1l - ... ::..= ~ roroo o.t::- Ul - u (ileO (/)0,..: ,- 0..... "Ecn~ ell C6 O'l U .... Ul~~ :.croe l-~~ I"i~ -"'.... '- <1l :CO.o U >=E ma.QJ e > Ql 0 >2 - a; >w~ . ..... 0000) - 0 '- - <1l Ole .... <1l Qi . eM <1lg "N .QQj... -.001 roE.o c: ::::l E gc~ ~c:01 =:<110 .0 E - gao ego> itr ctL.$ ~...e Ql .E (]} .c:. .". ~'@o otj~ Ciiro E e ro C\) 01 .::l -..c .... .s~ro ell :. .c:. 'N -r.o .::> c: IC) ..... O.".C1l ~J:Qj .0,....._ ~q>ai ro l() _ > '<t ro.". 0 tI) '0 .~ (lJ N ~ U .... ro>.ro uo..::; .!!l 8 .ts .c:. 01 !-ro[L UI C) <( c:: UI > < >- t- - o en . ::> c z <( en w t=~ og ON u.J: _ 0 o rn ~:s en w >< w c z - w o ~ 0- c:: W ~ ::) en z o o '0 Ql eng Ww >< .~ W~ O~ z- _0..... en:::r :!~a.. W38. t: g ~ Ql -I r. E: -I ~ ::3 <( ~ ~ co 0 en (.) :!:.. e ro .0 ... ::) ;( J~ r~ g >- :.1E c::::2N ~t1}..-Q) ii: e 8.E ~ u Ql .lol: ... o ~ - ,- iii .... P \1:._ Q;a>"O o..>-~ l'I! o ';: IV U 'n c: lU t1I "- IV C .... lIS UJ IV Cl to 3: c to .0 ~ ~ <( o ~ :r: l- Z o ~ 51 >( Ql "0 ~ .v .0'0 :f~ ..:;g roo :iEN cn Ql >< Ql "0 ..5 ..". .00 Qie Ll..N 'M nic ~~ ~.~c ..03 c~O)c ~ 'vLl.. N (D C'... C ro Ie <'3 .ri~ IV e ~c .lol: (D N o o.~ c ..... ::. Q: Q) ~ N. 0.. >- (j; iii o ';: Q) (3 'n c III tI! Q) c .... III UJ Ql Cll l'I! 3: c l'I! .0 ... :J I.") , co o c I co o , co ci ""='Cl:! '<'1 ..- , ...- ...."<t roS? ~N ..... ..... ..... .ri~ <1:0 Ll..N ~t....... N , ..... . '~ ..:;g mc ~N COIjJ~...-aO>.....N N-.i-.iml'-"":"":-i"": 00 ..,. cc ..,. .co a co 0 .... 'l""""lnr-1.()-r-C"")T-"("")T"'"' ...,. ~8 lL.N I'-""O>I'-COlt)c:l"f r."": (") ..; to a) r.O ,...: <ci CO..,.COo;:tCO<:T1COO.... ~t()<r-t..O---N~\"')-r- aig ~~ (") 't- co t- f'. N 01 0) T- C"":"":(Q...;,...:t6cilri COr.CCMCOC1lCOO"'" ....... \0- T""" \,,(") ~"""t T- ('l"') .,.... 't'-'C:> o ci ''''! ''''! Ul ... Q) E ::3 Ul -.r1Olt)O)N(O\().....C1l C .......,..:.,..:,.jNO~,...:,...: 0 to 1.0 IjJ <D 0) ..- 0) ......... (.) ,- 10 ~ ~ ~ (T') ~ M-T- C III ~ '- ::) N<:n.....r-CO-.r)C\lOO <z:ir-:O"":OcOMlrir--: ::;: co 10. Vl (Q 0> 00) ........... ..... ..,- -.'" ~ t.t") .,...- M ..- (T") ,- NCON.....MO.....NV -.i . <Xi ;00) (!;) "l M .n COlt)<O\Oo.Jom.......... ,.-t,()'\""""'\.O"-Mr-("')~ ['8 :cw ;01 8 ;';.C a :;~e .,... ;'0 ~ dt-, ~ ~~ :n CJ'~ a t- r-. Q ~ o:~'\Ji- 0 d; ~ :- ~ ,,~~~ 'iI ,.... ...... (J .?;> l'-.'i~. r-- U ~ u in u ~i1~ ~ OJ I Ql I cri c;;~:. ~ u; e, (j) 8 1i) .~. OJ <D OJ ::i :8. s s s , t- o ~ , ii: , <:q u -- , N N '~ N 1ft x al ~ ~ CIl .c ~ c: . "" c: '_ .0 0 o~ 1V0 ~c:u..N (D <D N ,~ U S C ..l. e ffi c Q. Gl Q) "0 8.a.>-~ ~ <( Cl >- ...I J: !- Z o ~ co . "<t ~o <Do LL.N . M ~o O~ 'V ..00 Q)a LL.N (J) (D x 01 "0 C 'M Uc 1.00 ON . (") .00 Q)o LL..N ... .~ .E 'a5 Gl '":'\()'i~ ci c. Ql o ..c ~ ~ o (D o ... "'. en (/) C Q) ~ ~ (D j e . >. () :c: a C o E , :0 "0 e en >. :c: c o E X Ql c: as Gl ~ ~ ..c """) 0 ~ c c' ~ o;:t ro '" 0 CI( .g 6 0 '0 (D ,.. N ~ E ~ ~ :;? ~ 8-"'- ro 'co :c.'C 9 ..i tC ...i. go. 0';:) ,: 0 0_ <C li~O~8.s 'i3I1~II"'-.{g CD ~ ro '7 ro. Gl g'..2 u.'- (j) ~. 0) <( (I) 0 ..;;l .,--.,- C13 ..cO c'-'a;--. ~ oc: ro l1) Gl C 0 C/') (f)A EN& tTE"'io. PAC! Lf f'~ · C'l1 ' ..... ...... ~ a I 0> I ci . M Ua Glo ON cq'''<t' a 0 -v .00' Qla LL.N .....NCOO) ~"":"":cO mOl co 10 -.-10.....10 . M 00' Q)O' ON .....O>MIO -..:It'ioi o>rollO..,. 't""'" to ,.... It) . r. .0'0 Qla Ll..N t-O>NNj Ma)cONo O>COCOlO -- \f) ~ l.O "":'<'1' ...- l".!'C">j' o ...... .-0100 c:OmMO 0)00>0> ""'1.0"-10 MIOON t.rici"":N o>omco _1.0.....\0 f"'-.. f"- (""') 'r"" ,.....:~.....:M 0>'0 0> CO 't- to ,- t.O .~ Q) II) .R ro .0' Q) 3 ai 'tij .... ~ Iii ::J ~ E . tp -E Gl (I) X Ql C Gl .c:. ~ "<t 0' o N r-: ..... ii) ::J Cl ::J <( C o '0 (l) ::J cn .!!! OJ ..0 0' 10 M V .J, 1'-10 m..,. -1.0 tOo ~~ "-' &.n lO 0- ow 00 -g~ e Q) LL.;:> C<O !u Ql Cl)CI) "<t a o N -.:r ..- >. cc :E to M .,.... I.() rom a . NI'- . to (Ol() ~O) -..... MI.O 0'_ lO -0 "O~ c:-- roO -:= c c to Q..Cf) o;:t ~ <Dl() J,t- Ma NO> -...; ;:liS ~s Cl)CO <D~ Q) OlX c'- <( 5i cnE ..30... o I'-co 1'-0 <';/co ...-N r- ' N.... ~ r:::'l() 0- 0> co _0 e o u.. Q) o '~ Ql III ... '- Q) ~ -;. "0 Q) ~ , c o (l) ! .... 0) ..c - ... .2 g. c: OJ i) 'n c: CIl .....,; .....,; o - o Cl -;;; ::J 0 .., Q I/') OM -~ ;X -,.. ,gO) 51/') Ill_ '6"'" o .... .- 0 c> eo t)CJ Q) . Qi~ ~a:I Q)\.L t1Ien ~~ ~ c: '- .- ....en o-J ;>.10 <<I .. "0 III Q) III .e. ::J - - ,.. u - ftl 0_ Q) C - 0 ..Q U ~ Ql 0- III CIl IV > Ql 1lI_ .~ .....,; Of ",--. ,......... ,......... .~ . ~ Riverside County \l%ste . Management. Department -,~"~..- ~"~"'~';'~~'"-"'-'-~ -.~-._.~ ."'=.,-~-. ,.. .~~ .,-....., --- .,." ~ '~-'~'" -- . - .' ... ~. --., -_." -.~=~ Hans W. Kernkamp, General Manager-Chief Engineer April 6, 2004 TO: Riverside County Waste Management Account Holders Hans W. Kernkamp, General Manager-Chief Engineer II/UK- Riverside County Waste Management Department . FROM: RE: Proposed Disposal Fee Increase The County of Riverside Waste Management Department is responsible for assuring that there is, and will be in the future, sufficient and accessible landfIll space to properly serve the population of the County in its disposal needs. To fulfill this mandate,. the Department has acquired various pieces of land, maintained and expanded County landfill sites, and encouraged and developed recycling programs that minimize the dependence on landfIll disposal sites. We have been fortunate that we have been able to operate in this manner and maintain the disposal fee without an increase for over 10 years; in fact, reducing the direct hau1 rate from $3850 to $30 per ton in FY 96/97. However, a recent review of the increased costs for operation, especially with regards to safety issues, and the projections of future expansion costs have made the Department management aware that the current disposal fee will need to be increased for FY 04/05. This increase, limited by the Consumer Price Index (CPI) and allowed for in our Waste Delivery Agreements, will allow the Department to remain fiscally sound. Per the Waste Delivery Agreements, we anticipate presenting our recommendation to move forward with a public hearing before the Riverside County Board of Supervisors atleast 45 days prior to implementation of the gate fee increase (targeting a mid-May Board meeting). Future gate fee increases, if needed, will follow the same process and be evaluated on a yearly basis. The FY 04/05 estimated gate fee increase is projected to be in the range of 40 to 55 cents per ton and would be effective ror tonnage deliveries starting on Ju1y 1, 2004. We thank you for your past support and cooperation and appreciate the careful consideration and understanding that this proposed increase will engender. cc: Robert Byrd, Auditor Controller Barbara DunmorelKathy Gifford, ExecutiveOfflce William Katzenstein/Lee Vinocour, County Counsel Damian Meins, Dept. of Environmental Health $30 .O~ /~,., D I.Y()/o::: .$.5'1 4a.'3..l);) / fa,.. V 1.7~ == .$ . '-II AOEN9A ITEM No.___..3____ ____ PAOf. 5 oF5___ DOCS _ GENERAL-#2068G-vl-Rate _Increase _.DOC 14310 Frederick Street. Moreno Valley, CA 92553 . (909) 486-3200. Fax (909) 486-3205 . Fax (909) 486-3230 www.rivcowm_nrf7 ".-.- CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: RICHARD J. W ATENP AUGH, CITY MANAGER DATE: MAY 11,2004 SUBJECT: AGREEMENT FOR PARK MAINTENANCE BACKGROUND Over the last three (3) years, the City has contracted with Excel Landscape for all park maintenance. Their contract will expire June 30, 2004 requiring the City to secure bids for continued park maintenance services. Recently, public notice was given that sealed bids would be received by the City of Lake Elsinore. Bids were publicly opened, examined and declared on April 21, 2004. ".-.- The scope of work consists offumishing all materials, equipment, tools, and laborrequired to provide park maintenance services to the City's Park and Open Space Division. This contract includes the maintenance of turf, plantings, irrigation, hardscape, sand play areas and trash pick-up. The term ofthe agreement shall be for three (3) years commencing from the date of execution. DISCUSSION As part of the bid process, staff conducted a park tour with all contractors who purchased bid packages. The purpose of the tour was to visit each park site, answer questions regarding performance requirements, and clarify City maintenance standards and expectations. A total of five (5) bid packages were purchased by contractors with all five (5) submitting formal bids by the deadline date of April 21. Greenscape was the low bidder with a total bid proposal of $121,950. The bid results were as follows: Greenscape TruGreen Landcare Co. Excel Landscape Executive Landscape New Horizon $ 121,950.00 $ 249,780.00 $ 262,272.00 $ 321,522.48 $3,215,224.58 ".-.- ACENDA IlEM NO. Y /. -PAOE ..1_... Of" FISCAL IMPACT ~ The total annual cost to the general fund is $121,950, which will be expended within the $698,808 allocated for park maintenance and operations as part ofthe FY 2004-2005 budget. RECOMMENDATION It is staff s recommendation that the Mayor and City Council award a three (3) year contract for park maintenance work to Greenscape and direct the City Clerk to execute the agreement. PREPARED BY: David W. Sapp, Director of Communi Services APPROVED BY: APPROVED FOR ~J~ ~ AGENDA LISTING: . 'tA . Ric ard J. Wate paugh, CIty an er ~ """ ACENDA ITEM NO.. ~ PAC! ;).. OF ?.. ~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: RICHARD J. W ATENP AUGH, CITY MANAGER DATE: MAY 11,2004 SUBJECT: AGREEMENT FOR STREETS CAPE MAINTENANCE BACKGROUND Over the last three (3) years, the City has contracted with Excel Landscape for all streetscape maintenance. Their contract will expire June 30, 2004 requiring the City to secure bids for continued streetscape maintenance services. Recently, public notice was given that sealed bids would be received by the City of Lake Elsinore. Bids were publicly opened, examined and declared on April 21 , 2004. ".-, The scope of work consists of furnishing all materials, equipment, tools, and labor required to provide streetscape maintenance services to the City's Park and Open Space Division. This contract includes the maintenance of turf, plantings, irrigation, hardscape, and trash pick-up. The term of the agreement shall be for three (3) years commencing from the date of execution. DISCUSSION As part ofthe bid process, staff conducted a streetscape tour with all contractors who purchased bid packages. The purpose of the tour was to visit each streetscape site, answer questions regarding performance requirements, and clarify City maintenance standards and expectations. A total of five (5) bid packages were purchased by contractors with all five (5) submitting formal bids by the deadline date of April 21. Excel Landscape was the low bidder with a total bid proposal of $176,976. The bid results were as follows: Excel Landscape Greenscape TruGreen Landcare Co. Executive Landscape New Horizon $176,976.00 $180,550.00 $184,867.00 $198,071.00 $971,562.06 I""" AGENDA ITEM NO. .5 PAoe~Of ?- FISCAL IMPACT '-'" The total annual cost to the LLMD will be $176,976, which will be expended within the $671,916 allocated for LLMD landscape maintenance and operations as part of the FY 2004-2005 budget. RECOMMENDATION It is staffs recommendation that the Mayor and City Council award a three (3) year contract for streetscape maintenance work to Excel Landscape and direct the City Clerk to execute the agreement. PREPARED BY: David W. Sapp, Director of Communi ervlces APPROVED BY: APPROVED FOR ~ ~ AGENDA LISTING: L. Ri6hard J. Wate paugh, City an er ....., '-'" AGENDA ITEM NO. 5 PA~ ~ .Of ?- ",-. CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: Mayor and City Council FROM: Richard J. Watenpaugh, City Manager DATE: May 11,2004 SUBJECT: APPROVAL OF FINAL MAP 28751; Water's Edge Pulte Home Corporation BACKGROUND At their regular meeting on February 22, 2000, Council approved Tentative Tract Map 28751. Tract Map No 28751 consists of approximately 64.52 acres and is a subdivision of 133 lots for residential housing. The project site is located east of Summerhill Drive north of Via De La Valle. At their regular meeting on April 27, 2004, the City Council directed Staff to meet with /""' residents to discuss concerns over the project. This meeting was held on May 3, 2004, at City Hall. At the meeting, there were no concerns raised about the tract map approval however grading and design review were both expressed as concerns. Staff is working with the applicant to supplement opportunities for resident input during the design review process. Staff is also discussing the grading issues with the applicant. FINDINGS Staff has reviewed the [mal map and it conforms substantially to the tentative tract map. All Conditions of Approval required at the final map stage have been completed. FISCAL IMPACT None. RECOMMENDATION 1. Approve the final map, subject to the City Engineer's acceptance as being true and correct and accept all dedications at time of recordation. 2. Authorize the City Clerk to sign the map and arrange for recordation. /""' ACENDA ITEM NO. PAGE \ ~ OF' PREPARED BY: APPROVED BY: APPROVED FOR AGENDA LISTING: Ken Semaulo, Engineering Manager ~ ......" JJilJj)~IiW CITY MANAGER' OF CE ....., ......" AGENDA ITEM NO. (, PAGE a OF-C. m ~ iij l:l ~ ~ ~ ~ x ~ .. g iSM is l') ~~ >- '" i e" ~ !2~ i!i 3~ .. III ~~ ~ .. >- l;;~ '" !I! h .. .. '" "'i! >- l:lc ~ ~ ~ @ ~~~~:J~ oc( w..,.~w:i<:; ~, ..AOlX Z o::_MO::UW Ow> a: ~~~fjo::~ f2 o -0::\0 :J CJ~0)-MI:i oc( ~I-~~:;>- 0 vl.&.lt..5~~ U. ,DDu~a Mvv ~u 0 "w >-....._At-w W ~~w~~g ~ I-",Zw0!:3 ~ lO t3w~~:~ :l~I-O::DW u.i I'. Wll.......~~~ 0 ~D~l-b:5 ,....... ~ CD ~=L~~:s...J~ ~ C\I 4:w~~>- ~~fI)~<(t: III a: ....:w@iwu<i. u. . >-(.1IU>w..... W 0 0 ri. ...-~(;)~~ 65 ~ w>..... ::> 0 ~~[],d~J ~ :;) Z g..~~=w~ 0 V)(..,-"It ..> 0 ~ ~~~~N~~ >< u.i ....Mwgg~~ ~ a: 0 L-ZI o.....<t ~ 0 oot-t;cc ..)- Z zt-lL..<I: J:"'" "1 <( ot-Oct::t-O"o 5 ~~.Jt-(1'o[5 ~"'...JL...(I.I=> W a: a...l&..<tDw~ W DX..~:J: ~ ~ 4:v~::ll.l- :5 -,pa 0 ~....ti')1-"':0'\ DO U. zWj...Jcutl 0 !3Z"'lt..~\:) ~ ~~[xDB~ >t-<-1..JI=Q(\j 0 ~=~~?iN W :J ......:1::)l lI)NM~z8 j!: <(~e~~~ ~ ~l-6j~~ ~8~~t:i~ ,....., ~ .1 - ~ f6 . ~ ..... .. ... .. ... ... ~ l .. a: D i 1;;'- ... tl:< .. ..A 9 "!l l!l n;; ~ .,t; ~ ~a ~ ~~ ~ ~B I!I ~~ ~ fl It~ ~~ ~ ~.; ~j ~ ~--~~~ .~ I ~iJ :;1: III ~ i i! i~ :~ ~ I ~i5 ..~ il!f R -ti~.. ;; c :"tf...J~ ei...J ~~ !:i~ i~ ~ ..is olf ..I!I . tl 3 c II! : !i I i is .. '" ~ ~ l; EO AGENDA ITEM NO. PAGE ~ I $ 11. o ('II ~ (/) l-L.....flito?AW ZD..oo::::W~ <( W'l#"t-W~t; Z ~~ri~S~ II: 0( ow> o ~~a~Q!~ IL 0 j::O::::\DlI.. ::J \:)wu>-Mo 4: 15~~~.;: o v......5!:;~ 11. ,ooudo o M~~WZ': w ~--8ti~ ~ O!:J:w~<[o <( W(l)ZWC:X~ I- ,.... to W > ... '" en lC) WW:I:-.....-l _ :>~I-O::::D~ Wo..... W......~"'''' _ I' ~O[Jt-t-:3 CI) N'\ v 0 a: \AI .........J,~..J..... ~ C'J D;i:Q~~ a: ~i'V)~<[t: .....j:qWO:: ~O . LL . )-~:I:D~wS o 0 ii':t-~v;~~ >- w~.....~=> 0 J- ~void~~ z Z :)et:'ltMZ.....<[ ::> 0 .. ,.....-WU o lIl~-~...:~... o L w...::o-ru"'o - I ~ ..V)c;j:tdw W 0 Mwzgzl- a: La.. r 0....<. o Ot5...t;~,.:t;; z <{ Zt:.....<tt-O'o Ci5 ~~D~cr.J: ..J .... \:l W a: O(II)......."'=> ~L.....<C(a~~ W oi'.",:r ~ L- ~v~~(L: :3 · .....~V)I-,...:Q\ o Do 11. zW::i""ru~ o oz......"'~ 5 E~o::::og~ >t-c..;....JI%lt\J ~=~:i~N W => ":iX f5 ::c Co1C\JMj:qZO F <[ .z~-,:Q z Cl~8~~~ - 3t-b>~:E ~g~~~~ 8 (') . ;.... ~ d~ ~;~ ...~~ I!s.. . ~gi !;~ >-!~ - ~~b~ ~~i~ ~':li!" lil .. ~_~i! .~ ~:~l!s I ~~e~ ~~b I 12"1oI~ I'" ~ i~~f1 II~: I ~~;; ~ 3- - - I:ii'ii:I ........1DIlI - - - u ~ ! i ~ ~ : 0 i ~ ~_ Ii! C ~ w ~~ ~ g i6:~ ~ ~ I ~~ ~ ~ ~li! ~~ ~ ~ ~ ~~ ~ ~ ~~ ~8 ~ g ~ ~~ D ~ ...- ~s d ~ z '" ~ ~ ~~ j~ ~ ~ ~ ~~ 5 ~ g!"'~ ~ .. ~ ~g ~ ~ ~::! ~ ~~ ~ ~~ ~ ~ 58 ~i ~~ ~ ~ ~~ ~ ~ ~~ ~~ ~s ~ ~ ~~ ~ ~~ ~~ ~~ ~~ i3 ~ QfI ~ ~: -~:t~~B~ ..~~...~ o! U .. i~ ~~ i~ i~ ~~ G~ ~~ 5 3~ ~c ~~c ~~ e~~ ~Q ~Io! ~ ~N ~ ~ w. M QM M~ ~~ d ~~ ~ ~~ ~ a ~2 ~l5 ~~ ~l:; g gt; j 0 ~ ~ ~3 "'d ~R ~~ i ~~ g~ ~g I ~i I~ g~ g~ ~~ ~i ~~~ wl~ >~ d~ ~~ ~<< ~3 ~x ~<<3 ~ ... ~ ~... ~o -~ F"'~ M ~i ~~ c c3 CL ~~ c~<< Ra 0800000 i oi ~ i ~ ~ i ~ ~ ~ .~ ~ ~ ~ . ~~ ~ e ~ ! ;! ~~ B ~ . ~~~ ...~ ~~ > ~ ~ .N> >k ~~ ~ ~ ~~~ ~~ ~2 ~ ~ ~ i:s j~ % ~ ~ ~ ~~~ ~: ~~ ~ ~ . ...-z ~g ~5 ~ i ~ ~2~ ~ ~> ~D ~ ~i i ~~~ ~ u~ ~~ - ~R Ck r- W l.J !... t;i.... ~i~.g~: i~.~ ..~ ~ ?! S~ ~ ~~ ~ ~~; ~ ~~ ~A ~ ~c CiA. ~ ~N ~i ~ ~S i A~~ Z m~ ~~ -.0 ~uo R ~~ ~~ ~ ~... ~ ~~~ ~ "'u d.... dW u C ~N ~ ~q .~ ~ ~~ '" ~~~ ~ M<< ~- M MJ" M~L ~ ~R ~~ ~ ~3 e ~~<< o ~ ~~ ~... ~ <so.. ~ ~lil~ ~z l'i l'i~ l'i~ l'i.- 89 l'i l'i..R ~ ~~ ~... ~~ ~~ ~ !z~ .<I.0....~~ PACE """" I ! & & ..." ."-' 6 Of_ Cf .~ r". Notice of Public Meeting City ..Lake Ellinore PJ4J1II i1lg Di"is;o1l 130 S. Man Street Like Elsno!e, CA 92530 (909) 674-3124 (909) 471-1419 &x Date: Thursday, April 29, 2004 Meeting Date: MONDAY, MAY 3,2004 @ 7:00 PM, CITY HALL CONF RM A&B From: Armando G. Villa, Planning & Code Enforcement Manager Ken Seumalo, Engineering Manager (909) 6743124 Project Title: "Final Tract Map No. 28751" ,-.. Project Description: Final Approval for the subdivision of 64.52 acres of vacant land into 133 single- family residential lots pursuant to Section 16.24 (Subdivisions) and Section 17.23 (R- 1 Zone) of the Lake Elsinore Municipal Code. Project Location: The project site is approximately 64.52 acres in size. The site is bounded by the City Lake Elsinore to the south and west, adjacent to an area commonly known as Tuscany Hills. The site is also bounded by the City of Canyon Lake to the north and east. ~ INTERESTED PERSONS are invited to attend this Public Meeting and express opinions upon the item listed above, or to submit written comments to the Planning & Engineering Divisions prior to this date. FURTHER INFORMATION on this item may be obtained by contacting the Planning Division, at City Hall (909) 674-3124, where all materials are available for review. ~ AQENDA ITEM NO. (/? PAGE 5 OF~ ~ CITY OF LAKE ELSINORE MEMORANDUM FROM: MAYOR AND CITY COUNCIL A" _ \ DICK WATENPAUGH, CITY MANAGER \))V TO: DATE: MAY 6, 2004 SUBJECT: PULTE MEETINGITUSCANY HILLS Attached for your information are bullet points from the meeting of May 3,2004, with the residents from Tuscany Hills regarding the Pulte Development Staff is available should you have any questions. Isr Attachment ""-" c. Assistant City Manager City ClerkJDirector of Human Resources Director of Community Development "'-tIll AGENDA ITEM NO. Co PAGE ~ Of~ " Meeting with Tuscany residents on Pulte Development May 3,2004 Welcome Introductions Bob Brady, Director of Community Development Ken Seumalo, City Engineer Marlene Best, Assistant City Manager Purpose The City Council delayed action on the final Project Map, Pulte Development, subject to another meeting with the property owners abutting the development. Proiect Began as the Lusk Development and has now been purchased by Pulte. Process Mr. Brady and Mr. Seumalo will outline the development process and state where the project now sits. ;--... Want everyone to understand that the Developer has met the conditions placed on him to receive a Final Map. Grading has already been approved. * Approved 2000 *Extension 2002 " AGENDA ITEM NO. b PAGE::L OF--1- Meeting with Tuscany residents on Pulte Development May 3, 2004 Name Peter and Lucy Paz Dave and Meridie Evers Rick and Margie Newsome R. Haslen Rosa Baldwin Jeff Kneebusch C. M. Maskell Mr. & Mrs. Salchow Cy Rathbun Gary Sopen (18 people) ~ Address 42 Villa Milano 44 Villa Milano 1 Villa Valtelena 21 Villa Valtelena 21 Villa Valtelena 23 Villa Valtelena 37 Villa Valtelena 9 Villa Valtelena 26 Villa Milano 41 Villa Valtelena Phone (909) 245-7112 (909) 674-8035 (909) 674-2831 (909) 245-4877 (909) 245-4877 (909) 674-5343 (909) 674-8272 (909) 674-5296 (909) 675-3999 (909) 674-9376 ~ AGENDA ITE~O. 1.0 PAGE 0 OF~ .~ ,- ,--.. ~ City of Lake Elsinore Meeting with Tuscany residents on Pulte Development Final Tract Map No. 28751 May 3, 2004 The following are bullet points discussed with residents: . 21 residents present, Councilman Schiffner, Staff . Not happy with short notice . Concern for the height of the proposed homes o Several residents were concerned about the pad elevations and the affect on views of the existing residents. o Will lot views of the existing residents be considered when the tract structures are being designed? . Design Review o Neighborhood will be noticed o Will be able to comment at Public Hearing o 3 months from submittal . Lots 1-6 not final grade o Rough grading complete o Finish grade not done yet . Residents along project saw different map and moved in after development was approved. o Elevations are different than when residents purchased homes . Lot 104 . A request was made to lower both entrance roads into Pulte's development to allow for privacy for existing residents (roadways are aligned such that existing homes are open to driver's line of sight) and to lessen the impacts on the existing VIews. . Detention basin - what is the function and will there be planting? Who is in charge ofthe maintenance? . Are the sandbags in the street permanent or interim? Residents were told that they were to be there on a permanent basis. . Residents want the tract boundary fence behind existing lots 103 and 104 to be view fencing. . A comment was made regarding the concern for tree heights that new residents may plant. Excessive tree heights may impair views. . Residents are requesting a cross-section or some mechanism that would provide an understanding of the potential views that will result from the proposed home construction. . A comment was made that traffic in and out of the proposed tract will increase due to the new residents. . Contact Pulte for meeting with neighborhood . Miscellaneous items o Signage at I-15/Railroad Canyon interchange depicting fines for blocking intersection AGENDA ITEM NO. b PAGE..5:1- OF.-:L- CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL ;"""'- TO: HONORABLE MAYOR AND CITY COUNCIL FROM: RICHARD J. WATENPAUGH, CITY MANAGER DATE: CITY COUNCIL MEETING OF MAY 11,2004 SUBJECT: TENTATIVE TRACT MAP NOS. 30493 AND 31706 (CANYON HILLS SPECIFIC PLAN) APPLICANT Pardee Homes 1181 California Avenue Suite 103 Corona CA 92881 Attention: Mr. Jim Stringer REQUEST Request that the City Council approve the following applications: ~ 1. Approve Tentative Tract Map No. 30493 2. Approve Tentative Tract Map No. 31706 BACKGROUND Staff presented the two applications at the April 20, 2004 Planning Commission meeting. The Planning Commission heard staff's report, accepted public testimony, considered the applications, and adopted the following resolutions: 1. Resolution No. 2004-46, which recommended that the City Council approve Tentative Tract Map No. 30493. 2. Resolution No. 2004-47, which recommended that the City Council approve Tentative Tract Map No. 31706. Please refer to Attachment A for the staff report and minutes from the April 20, 2004 Planning Commission meeting. The Planning Commission staff report further describes the proposed project. PROJECT LOCATION The project site is located within the Canyon Hills Specific Plan area, which is located within the eastern boundaries of the City of Lake Elsinore, east of the 1-15 Freeway. Tentative Tract Map (TTM) No. 30493 is /""- located at the northeast comer of Canyon Hills Road and Hillside Drive. Proposed TTM No. 31706 will be located within one of the lots created within TTM No. 30493. Proposed TTM No. 31706 connects with TTM ACENDA ITEM NO. ~ \ PAce---L::OF ...1.L.: REPORT TO CITY COUNCIL MAY 11, 2004 PAGE 2 SUBJECT: TTM Nos. 30493 and 31706 No. 30493 immediately to the north and is accessed by Hillside Drive. Refer to Attachments B and C, which present the locations of these two tract maps in relationship to the overall Canyon Hills Specific Plan. PROJECT DESCRIPTION The City Council is being requested to review and approve the following applications: 1. Tentative Tract Map No. 30493: The proposed Tentative Tract Map encompasses approximately 1,075 acres. Refer to Attachment D which is a reduction of Tentative Tract Map No. 30493. The following describes proposed features and improvements: Proposed Lots: The tract map proposes 444 total lots in the following: . 395 single-family detached residential lots. . Four large lots (Lots 400, 403, 404, and 405) for future single-family detached residential uses. . One large lot for future condominiums (180 units maximum). . One lot for a future elementary school. . One lot for a future Community Park. . 18 lettered HOA lots for drainage basins and slopes. . Three lots for open space. . 21 lettered lots for public streets. Proposed Lot Sizes: The 395 single-family detached lots range in size from 4,887 to 11,937 sf., with an average lot size of 6,504 sf. The proposed condominium lot is 6.2 acres. The future elementary school site is approximately 16.5 acres. The future community park site is approximately 22 acres. Proposed Roadwav Improvements: Access to the site will be provided from Canyon Hills Road and Hillside Drive. The site will be accessed from Canyon Hills Road via two full-entry streets (right-turn in/out and left-turn in/out). Canyon Hills Road will have a 1 OO-foot right-of-way with 14-foot median, four travel lanes, and 12-foot sidewalks and parkways. Hillside Drive will also access the site via two full-entry streets. Hillside Drive will have a 70-foot right-of-way with four travel lanes and II-foot sidewalks and parkways. Internal local streets will be designed with a 60-foot right-of-way, two travel lanes, and 10-foot sidewalks and parkways. Internal cul-de-sacs will be designed with a 56-foot right-of-way, two travel lanes, and 10-foot sidewalks and parkways. Project streets will be publicly maintained. Landscaping along the streets will be maintained by the Homeowner's Association. 2. Tentative Tract Map No. 31706: This proposed Tentative Tract Map, which encompasses approximately 135 acres, further subdivides Lot 400 from Tentative Tract Map No. 30493 into 292 total lots. Refer to ACENDA ITEM NO. PACE ~ "'" "'" .-..".; cAL OF ..:t.L REPORT TO CITY COUNCIL MAY 11,2004 ~ PAGE 3 SUBJECT: TTM Nos. 30493 and 31706 Attachment E which is a reduction of Tentative Tract Map No. 31706. The following describes proposed features and improvements: Proposed Lots: The tract map proposes 292 total lots in the following: . 255 single-family detached residential lots. . 18 lettered HOA lots for drainage basins and slopes. . Three lots for open space. . 15 lettered lots for public streets. . One lot for a future water tank. Proposed Lot Sizes: 107 of the total 255 single-family detached residential lots will range in size from 5,200 to 9,177 sf., with an average lot size of 5,895 sf. The remaining 148 single-family detached residential lots will range in size from 6,101 to 14109 sf., with an average lot size of8,275 sf. The average lot size for the entire tract map is 7,276 sf. /""'"' Proposed Roadwav Improvements: TTM No. 31706 further subdivides Lot 400 which will be created with TTM No. 30493. Access to the TTM No. 31706 site will be provided by two entry roads. One of the proposed roads, Hillside Drive, traverses the western boundary ofTTM No. 30493 and will extend in the northerly direction to connect and provide access into TTM No. 31706. Hillside Drive will have a 70-foot right-of-way with four travel lanes and II-foot sidewalks and parkways. The other entry roadway (Lettered Lot "0"), will extend from TTM No. 30493 to the south and will have a 60-foot right-of-way with four travel lanes and 10-foot sidewalks and parkways. Gated entries will be provided along Hillside Drive and the other entry roadway at a distance of about 1,500 feet from the TTM No. 30493 boundary. These particular segments of the two roads will be publicly maintained; landscaping will be maintained by the HOA. The segments of these two roads which extend beyond the two gated entries, into the TIM No. 31706 site, will be privately maintained. The private segment of Hillside Drive then narrows from a 70-foot ROW to a 60-foot ROW. Landscaping along these particular segments and the entry gates will continue to be maintained by the HOA. Internal local streets within the subdivision will be designed with a 60-foot right- of-way, two travel lanes, and 1 O-foot sidewalks and parkways. Internal cul-de-sacs will be designed with a 56-foot right-of-way, two trave11anes, and 10-foot sidewalks and parkways. DISCUSSION Staff supports the requested Tentative Tract Maps and recommends approval for the following reasons: /""'"' 1. The Proposed Tentative Tract Maps Implement Intended Land Uses Desie:nated in the Canyon Hills Specific Plan: As discussed, the proposed Tentative Tract Maps are located within and regulated by the Canyon Hills Specific Plan. The Specific Plan intends for those uses proposed with the Tentative Tract AGENDA ITEM NO. PAGE J J/ OF en REPORT TO CITY COUNCIL MAY 11,2004 PAGE 4 '-"" SUBJECT: TTM Nos. 30493 and 31706 Maps, including detached and attached residential product, an elementary school, a community park, and open space areas, to be constructed within the various Planning Area locations that underlie each Tentative Tract Map. In other words, the proposed Tentative Tract Maps represent the first step in implementing the intended land uses for the two project sites. The proposed Tentative Tract Maps do not conflict with the intended land uses and their respective locations, and standards, objectives, and guidelines contained in the Canyon Hills Specific Plan. The applications being considered by the City Council are for the Tentative Tract Maps only. Future construction of the proposed residential uses would require future Planning Commission and City Council consideration and approval of Design Review application(s) relating to building designs, site planning, conceptual landscaping, etc. 2. The Proposed Tentative Tract Maps Complv With Design Standards Contained in the Canyon Hills Specific Plan: City Planning and Engineering staffhave reviewed the proposed Tentative Tract Maps and have no concerns, if required conditions of approval are satisfied. The proposed Tentative Tract Maps are consistent with development standards contained in the Canyon Hills Specific Plan document in terms of minimum lot sizes, lot widths and depths, street widths, and other Planning and Engineering standards and requirements. The Tentative Tract Maps are consistent with the City's Subdivision Ordinance and the Subdivision Map Act. The Planning Commission was generally supportive ofthe project. A resident from the Menifee area requested '-"" that the City and applicant continue to plan for future recreational trails which would connect with trails in Menifee. The Planning Commission concurred and requested that staff continue to formulate plans for trails. In response, staff notified the Planning Commission and public that the City has a Master Plan which identifies recreational trails in the City and neighboring areas. The Planning Commission also expressed concern regarding the number of condominium units to be constructed. The applicant responded that any condominium project would be developed in accordance with the allowable density as permitted in the Canyon Hills Specific Plan. The applicant accepted the Conditions of Approval during the Planning Commission meeting. ENVIRONMENTAL The 2003 Addendum to the 1989 Final Canyon Hills Specific Plan Environmental Impact Report, which was prepared in accordance with Section 15164 of the State CEQA Guidelines, provides the necessary environmental clearances for the proposed Tentative Tract Maps. The proposed Tentative Tract Maps will construct land uses that are permitted by right and approved by the Canyon Hills Specific Plan. Accordingly, staff believes the proposed Tentative Tract Maps implement the land use objectives and requirements of the Specific Plan and finds that further environmental evaluation is unnecessary. RECOMMENDATION It is recommended that the City Council approve the following applications: 1. Approve Tentative Tract Map No. 30493. 2. Approve Tentative Tract Map No. 31706. '-"" AGENDA ITEM NO. C;( I PACE_lJ-.__,.~ OF ..:l.L ~ REPORT TO CITY COUNCIL MAY 11,2004 PAGE 5 SUBJECT: TTM Nos. 30493 and 31706 FINDINGS FINDINGS FOR TTM NO. 30493: 1. The proposed subdivision, together with the provisions for its design and improvement, is consisJ:ent with the City General Plan and Canyon Hills Specific Plan; Title 16 of the Municipal Gc;>de"relating to Subdivisions; and the State Subdivision Map Act. " . The project is consistent with the designated land use planning areas, devel9pment and design standards, and all other appropriate requirements contained in the Canyon Hills Sp'ecific Plan, General Plan, City Municipal Code, and Subdivision Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan. /"" 3. The effects this proposed 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 project is consistent with the City's General Plan and Canyon Hills Specific Plan, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 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 project will comply with all appropriate conservation requirements oft4e ,City and Uniform Building Code.' FINDINGS FOR TTM NO. 31706: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the City General Plan and Canyon Hills Specific Plan; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is consistent with the designated land use planning areas, development and design standards, and all other appropriate requirements contained in the Canyon Hills Specific Plan, General Plan, City Municipal Code, and Subdivision Map Act. r" 2. The proposed subdivision is compatible with the objectives, policies, general land uses and prograrils specified in the General Plan (Government Code Section 66473.5). AGENDA ITEM NO. PAGE ~ 8./ OF 71 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 30493 PARDEE HOMES PLANNING DIVISION General 1. Tentative Tract Map No. 30493 will expire two years from date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Tentative Tract Map No. 30493 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements ofthe Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 3. Future development shall comply with those standards and guidelines contained in the Residential Element, CommerciallInstitutional Element, Public Facilities and Services Element, Resources Management Element, Circulation Element, Zoning Element, and Community Wide Implementation Element as contained in the Canyon Hills Specific Plan document. 4. Tentative Tract Map No. 30493 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Canyon Hills Specific Plan document and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 5. Future development shall comply with those requirements and provisions contained in the Canyon Hills Development Agreement; 2004 Funding, Construction, and Acquisition Agreement, and Community Facilities District (CFD) No. 2003-02. 6. The applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 7. The applicant shall provide all project-related onsite and offsite improvements as described in the Canyon Hills Specific document and Tentative Tract Map No. 30493. 8. The applicant shall implement those mitigation measures identified in the 1989 Final Canyon Hills Specific Plan EIR and the 2003 Addendum to the Final Canyon Hills Specific Plan EIR. 9. All future proposals shall be reviewed by the City on a project-by-project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 10. Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department (see attached comments from Fire Department dated November 20, 2003). II. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants 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 implementation and construction of the Canyon Hills Specific Plan, which action is bought within the time period provided for in California AGENDA ITEM NO. PAGE " ...., ...., "" :21 OF q/ REPORT TO CITY COUNCIL MAY 11,2004 ",-... PAGE 6 SUBJECT: TTM Nos. 30493 and 31706 The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan. 3. The effects this proposed 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 project is consistent with the City's General Plan and Canyon Hills Specific Plan, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 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 project will comply with all appropriate conservation requirements ofthe City and Uniform Building Code. PREPARED BY: Duane Morita, Senior Planner REVIEWED BY: ~~ Armando G. Villa Planning and Code Enforcement Manager /"'"". APPROVED BY: APPROVED FOR AGENDA LISTING: ATTACHMENTS Attachment A: April 20, 2004 Planning Commission staff report and minutes Attachment B: Location Map for TTM No. 30493 Attachment C: Location Map for TTM No. 31706 Attachment D: Reduction ofTTM No. 30493 Attachment E: Reduction of TTM No. 31706 Full-size copy ofTTM Nos. 30493 and 31706 ",-... AGENDA ITEM NO. :J...l PAGE 7 ~~Of 9/.~ CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 30493 PARDEE HOMES (Continued) ,....", Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. Prior To Final Tract Map 12. All lots shall comply with minimum standards contained in the Canyon Hills Specific Plan. 13. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 14. Street names within the subdivision shall be approved by the Community Development Director or Designee. 15. All ofthe improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 16. The applicant shall comply with all conditions of the Riverside County Fire Department. 17. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). Prior To Deshm Review Approval ,....", 18. All future structural development associated with this map requires separate Design Review approval. 19. Prior to Design Review approval, the applicant shall show the following: · Prepare Conceptual Landscape Plan for Model Home Complex which describes species, size, and location of trees, shrubs, groundcover, hardscape, etc. to be provided. · Show that architectural treatments and articulation will be provided along all elevations, not only the front elevations. At a minimum, foam surrounds will be provided around all windows located along the side and rear elevations. · Those side and rear elevations that are within the public view will be provided with additional architectural enhancements and articulations. · Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. · All front return walls shall be constructed of decorative masonry concrete block. Wooden front returns are not allowed. · Perimeter walls around the subdivision shall be of decorative masonry concrete block. ,....", AC(NDA ITEM NO. -; I PACE ~ ",Of C; t ~ " CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 30493 PARDEE HOMES (Continued) 20. Design for all drainage basins proposed with Tentative Tract Map No. 30493 shall be approved by the City Engineering Manager and Community Development Director or designee. Security fencing shall also be shown. Chain-link fencing is prohibited. Prior To Buildine: PermitlGradine: Permits 21. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 22. The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 23. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved by the Fire Department for future phases. Said Plan and Program shall show those special treatments necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable vegetation and shall describe the method of removal and installation, and provisions for maintenance. The City's Landscape Architect shall ensure compliance of said program. 24. The applicant shall comply with the following City programs: the City Source Reduction and Recycling r" Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 25. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the City Engineer, for all required utility services. 26. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 27. All subdivision tracts shall annex into the existing Canyon Hills Homeowner's Association. 28. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 29. Pay all applicable fees including park fees. 30. The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 31. The applicant (master developer) shall prepare a Community-Wide Wall Plan for the entire Canyon Hills area. r" 3 2. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following: . Show that a masonry or decorative block wall will be constructed along the entire tract boundary. AGENDA ITEM NO. :A I PAGE 9 OF q I CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 30493 PARDEE HOMES (Continued) """"'" · Show materials, colors, and heights of rear, side and front walls/fences for proposed lots. · Show that front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. · Show that side walls for corner lots shall be decorative masonry block walls. · Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. 33. The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 34. The applicant shall meet all requirements of the providing electric utility company. 35. The applicant shall meet all requirements of the providing gas utility company. 36. The applicant shall meet all requirements of the providing telephone utility company. 37. A bond is required guaranteeing the removal of all trailers used during construction. .....", 38. All signage shall be subject to Planning Division review and approval prior to installation. 39. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one year for erosion control landscaping at the time the site is rough graded. 40. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7 :00 AM and cease at 5 :00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. Prior To Issuance Of Certificate of Occuvancv 41. The applicant shall restrict all construction traffic from using Lost Road, south of the project boundary. All construction traffic will access the project area from Canyon Hills Road. 42. Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust suppression along Lost Road to minimize fugitive dust generation shall be applied. Fugitive dust suppression '-"" AGENDA ITEM NO. ~ I PAGE...J!2-OF C{j ,..... CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 30493 PARDEE HOMES (Continued) techniques may include soil watering, application of soil binders, and/or placement of gravel or other appropriate material to minimize vehicle generated dust. 43. Open space lots shall be retained by the applicant or dedicated to a Conservancy. Maintenance of these open space lots shall be the responsibility of either the Conservancy and/or HOA. ENGINEERING DIVISION 44. Provide detentionldesilting basin for the difference In storm runoff between the developed and undeveloped flows caused by project. 45. Dedicate and improve full width of Hillside Drive. Street improvements shall be consistent with Canyon Hills Specific Plan. 46. Dedicate and improve full half-width of Canyon Hills Road. Street improvements shall be consistent with Canyon Hills Specific Plan. 47. Dedicate and improve full width of internal streets. Street improvements shall conform to City standards for local street cross sections. ,...--.. 48. No parking shall be allowed on project frontage of Canyon Hills and Hillside Drive. Applicant shall provide for 'No Parking' signage for these streets on the street improvement plans. 49. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development. 50. Top of foundation shall be one-foot minimum above the 100 year flood elevation. 51. Desirable design grade for local streets should not exceed 9%. The maximum grade of 15% should only be used because of design constraints. 52. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Yz" x II" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 53. The applicant shall install permanent bench marks in compliance with Lake Elsinore Municipal Code 16.32. 54. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. ,...--.. 55. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. AGENDA ITEM NO. ').1 PACE---1L-OF 9 I CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 30493 PARDEE HOMES (Continued) ....., 56. Tentative Tract Map 30493 shall be subject to all applicable conditions of approval of Tentative Tract 23848 (Canyon Hills Development) and the approved Specific Plan. 57. Pay all Development and Plan Check fees (LEMC 16.34, Resolution 85-26). 58. Submit a "Will Serve" letter to the City Engineering Department 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. 59. Comply with road standards as set forth in the Canyon Hills Specific Plan. 60. All grading north of Canyon Hills and west of Hillside Drive shall be secured with long term erosion control measures including a maintenance plan. 61. Lettered lot A, B and C shall be owned and maintained by a homeowner's association. 62. The applicant shall construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 63. 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). ....., 64. The applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 65. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 66. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 W' x 11" Mylar) shall be submitted to the Engineering Department before final inspection of public works improvements will be scheduled and approved. 67. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 68. 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. 69. Provide fire protection facilities as required in writing by Riverside County Fire. 70. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 71. The applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. '-' AGENDA ITEM NO. ,'J/ PAGE I (1... Of ':]1 ., "...... CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 30493 PARDEE HOMES (Continued) 72. The applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 73. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy 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. 74. All utilities except electrical over 12 kV shall be placed underground, as approved by the serving utility. 75. If grading exceeds 50 cubic yards, grading plans shall be prepared by a California Registered Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 76. The applicant shall provide soils, geology and seismic report including street design recommendations. The applicant shall also provide a final soils report showing compliance with recommendations. 77. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. ~ 78. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 79. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions". 80. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 81. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. The applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 82. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 83. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system; the wording and stencil shall be approved by the. City Engineer. 84. 10-year storm runoff shall be contained within the curb and the 100-year storm runoff shall be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities shall be installed. .~ //?EiWA::EM NO., ..~. ~~l.~.r=.:- PAvE, J3 .~(}Jf...- .. ';;'; CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 30493 PARDEE HOMES (Continued) 85. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. 86. The applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 87. 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 set the goals of the BMP in Supplement" A" in the Riverside County NPDES Drainage Area Management Plan. 88. "E" Street is on the inside of a curve and will only be permitted when adequate sight distance is verified by a registered civil engineer. If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 89. The width and turning radii of private streets must be approved by Riverside County Fire Dept. prior to final map approval. The private streets must be wide enough with sufficient turning radii to accommodate a city trash truck. 90. Canyon Hills Road and Hillside Drive shall be improved as specified in the Canyon Hills Specific Plan Transportation Phasing Program except for the allowance of left turn lanes at intersections and/or driveways for safety prior to the first certificate of occupancy. 91. The applicant shall provide a homeowner's association with CC&R' s for maintenance of the open space. 92. The large open space lots adjacent to residential lots shall have areas designated as fuel modification zones for a firebreak to be maintained by a homeowner's association. 93. Applicant shall comply with a Cultural Resources Mitigation Program prior to final map approval or grading permit (whichever occurs first). The program shall be based on site evaluations by qualified archaeologists and historians to establish significance of each site and a detailed plan for appropriate mitigation, subject to the approval of the Community Development Director. Compensation for disturbances to cultural resources shall be provided by a program to recover information from sites that shall be monitored by archaeologists. In the event significant historic material is discovered, it shall be removed before grading occurs. 94. In accordance with the City's Franchise Agreement for waste disposal and 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. ~~NDA ITEM NO. PACE I L/ """"" """"" """"" )./ Of 9' Tom I.dale Fire Chlel Proudly strvUl~ the uninrorpor.lIeJ area..~ of Rivcn.,dt: COUIlty Imd the Cities or: BlIIUling .) IkJumont .) (o.lilnc:;a -:. Can"on L..I." .:- Coachcllo ,. lkscn Hill Spllll;!$ -:- IlldiJJl W~II..; ,. India r'- :t~;Ulur~ l.aQIllnW "." Moreno VlllI~\' -:' 1'~I.IIlI).::il:rt -I, 1'~11:; ..,. l{Jll\:ho M lrll:;:'; . '.' S~n Jacmlo .:- rCIll..:tulu ",lord (If SUflt'~'''M~ Boll Il\l...~r. OJ'lnc'' 1 (..Im rJ\~xJi"Ih..'. J)i"'''d :. 1,,1\ ~O(\IJMo:. OJ'ln., 1 hI' Wil:;O,I\ Dt>UhL-I ~l.\lohJ"\. I}l<1n,t " K1 V bK~lUJ: CUUNTY FIRE DEPARTMENT In coopcC3.tion with the C3.1if~i:1. D~artment of Forestrv a,nd Fire Protection 4080 Lemon st. FL. P O. eOl!' 1549, Riverside, Ca. 92502-1549' (909) 955-4771" (009)955-4886 Fire Protection Planning and Engineering Sarvice Section / DATE: 11/2 () .oJ RE: l~.Tfl- :SO<{~ER: TIle Riverside County Fire Department requests an amended map with the following changes prior to issuance oftener of conditions: _ Show vicinity map with 2003 or later Thomas Brothers coordinates _" List all utility companies _ Driveway width not shown/incorrect minimum width __ _ Driveway grade not shown/incorrect maximum grade 15% _ Driveway surface not shownfmcorrect, show asphalt or concrete '_ Driveway radius not shown/incorrect. Contact Fire Dept. for guideline handout ______ Fire Dept. turnaround not shown/incorrect. Contact Fire Dept. for guideline handout _ Fire Dept. turnout not shown/incorrect. Contact Fire Dept. for guideline handout __ Gecup_ classification per 2001 CBC not shownlincorrect fQrbldg(s) ___..___ Type construction per 2001 CBC not shown/incorrect for bldg(s) _ Show square footage per floor, mezzanines and total for building, for each building shown .___ Label all buildings as proposed or existing. Label existing building either to remain or to be removed _ Floor plans and elevations needed for buildings _ ,. Show all bus zones, loading, unloading zones, etc _ Show location and size in gallons for all above/underground fuel tanks, waste oil, LPG and chemical tanks. (If no tanks state on plans) __ Medians must be setback 3S feet from face ofeurb and minimum 20 feet driving width each side of medium. AGENDA ITEM NO. 8.7 PAGE~OF CJ I NOV 20 '03 11:15 9099554886 PAGE. 03 I i I . l I f I t ~ ~ . .,J ,_,. A ." ~ . . " ~j ;. -, - - - - -;. - -. . .~.'''' "1."':.. ;.~..."., ,'" " . .<~. :;;~:.:t.~,:i'.;\.'" ....~. .' .... . ... 'f \ 1 . '. ,'~" .): ~ ~ ; ~~.~..: ~..: ".~!;t'~~:~j > ,: ,i;: ,"'. .. '~ _ Gate width and/or type of gate not shown or incorrect. Gate must be a minimwii .. _ feet in width, automatic and/or manual with a Rapid Entry System(s). Gat~~< must be setback 35 feet from face of curb/road right of way. (If no gates stat~ AAJ plans) J' '.. . ~:..;~~ .... . ~. . , . t~:. -- Project will require water service from a public water supply " ~ ,"::;". .' t j ~ Cul-de-sac length too long for High Fire Hazard area maximum length 660 feet ~i .~i~~ 1(I'1~ C~O~ ~ ~- -J(.- ~ .1 A.~'At.~!i;~',':~l - Cul-de-sac exceeds maximum length of 1320 feet . .1 . '" ; ;10~(.~ J " _ Cul-de-sac Jength too long for State Responsibility ACea maximum Jength 800 feet. ~ Primary and secondary access not shownfmcolTea ' : ~Ii - b _ Driveways must take their access from a public or privatestreet.'NbTaneaSetrlertt ",!j\:fl' \. ;,\}, c.~:..; .)- !., -~ . _ Vehicular access required within 150 feet of any portion of any building as measured along approved vehicular travel ways. Access shall be a minimum 24 feet in width, asphalt or concrete surface " , . _ State on plans if this is a "SHELL BUll.DlNG NO TENANT"; - A Fire Protection Engineers Report shall be submitted for review and approval. prior to conditioning of the project. ......, Fire flow letter was faxed/mailed on date: to Letter must be returned to fire Dept. prior to conditioning of project. '" Other rtLQo,i1c 2l)1 F'l/lc 7:>6fJ1: A~ "fD f7.1E OPEN sJ>Ae.E CrJO/lv /SlJo; ~ All question regarding these corrections contact the Fire DepartmentPJanning Section at 909-955-4777. J-6-OJ/emm ACENDA ITEM NO. .. {~j .. I PACE_ J .0_0F,q -Q I NOV 213 · 133 11: 16 91399554886 PAGE. 04 ... -. ..... ... w - -. - .... ... I . -... ............. .... - .. -- 11/19/03 15:49 """" ~ibrary Conditions Riverside County LMS CONDITIONS OF APPROVAL Page: 1 10. GENERAL CONDITIONS FIRE DEPARTMENT 10.FIRE.999 CASE - CITY CASE STATEMENT DRAFT With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: 10.FIRE.999 MAP-#50-BLUE DOT REFLECTORS DRAFT Blue retroreflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. . 10.FIRE.999 MAP*-#16-HYDRANT/SPACING DRAFT ",..-.-.. Schedule ~ fire protection approved standard fire~ hydrants, (6"x4"x2 1/2") located one at each street intersection and spaced no more than3j() feet apart in any direction, with no portion of any lot frontage more than ~~ feet from a hydrant. Minimum fire flow shall be 10~ GPM for 2 hour duration at 20 PSI. Shall include perimeter streets at each intersection and spaced 660 feet apart. lO.FIRB.999 MAP*-#14-COM/RES HYD/SPACING DRAFT Approved super fire hydrants, (6"x4"x2 1/2"x2 1/2") shall be located at each street intersection and spaced not more than ~Cl feet apart ~'n an direction, with no porti.on of any lot frontage more J:ha feet from a fire hydrant. {=oIL sc..Rool + Pi ~, n: 50. PRIOR TO MAP RECORDATION FIRE DEPARTMENT 50.FIRE.999 MAP-#7-ECS-HAZ FIRE AREA DRAFT ~ Ees map must be stamped by the Riverside County Surveyor with the following note: The land division is located in the "Hazardous Fire Area" of Riverside county as shown On a map on file with the Clerk of the Board of Supervisors. Any building constructed on lots created by this land division shall comply with the special construction provisions AGENOAIfEM 1l9JJ. -: PAGE-Xt-OF q 7- NOV 20 '03 11:16 9099554886 PAGE. 05 11/19/03 15;49 Riverside County I,MS CONDITIONS OF APPROVAL Library Conditions 50. PRIOR TO MAP RECORDATION SO.FIRE.999 MAP-#7-ECS-HAZ FIRE AREA (cont.) contained in Riverside County Ordinance 7877 50.FIRE.999 MAP*-#43-ECS-ROOFING MATERIAL Ecs map must be stamped by the Riverside County Surveyor with the following note: All buildings shall be constructed with class "&" material as per the California Building Code. SO.FIRE.999 MAP-#004-ECS-FUEL MODIFICATION ECS map must be stamped by the Riverside County Surveyor with the following note; Prior to the issuance of a grading permit, the developer shall prepare and submit to the fire department for approval a fire protection/vegetation management that should include but not limited to the following items: a) Fuel modification to reduce fire loading. b} Appropriate fire breaks according to fuel load, slope and terrain. c} Non flammable walls along common boundaries between rear yards and open.space. d) Emergency vehicle access into open space areas shall be provided at intervals not to exceed 1500'. e)A homeowner's association or appropriate distri.ct shall be responsible for maintenance of all fire protection measures within the open space areas. ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE DEPARTMENT FUEL MODIFICATION REQUIREMENT, SHALL HAVE CONCURRENCE WITH THE RESPONSIBLE WILDLIFE AND/OR OTHER CONSERVATION AGENCY. SO.FIRE.999 MAP-#46-WATER PLANS The applicant or developer shall furnish one copy o:f the water system plans to the Fire Department forreviE:!w. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. SO.FIRE.999 MAP-#6-ECS WATER CERTIFICATION Ecs map msut be stamped by the Riverside County SurvE:!yor with the following note: The applicant or developer shall Page: 2 '-' DRAFT DRAFT DRAFT ....., DRAFT DRAFT ....., ACENDA ITEM NO. ~ 1- PAGE J<~- OF!iL NOV 20 '03 11:17 9099554886 PAGE. 06 --~-- 11/1.9/03 A:49 Riverside County LMS CONDITIONS OF APPROVAL Page: 3 ~~brary Conditions 50. PRIOR TO MAP RECORDATION 50.FIRE.999 MAP-#6-ECS WATER CERTIFICATION (cant.) DRAFT provde written cerification from the approp;riate water company that the required fire hydrants are either existing or that financial arrangements have been made to provide them. 50.FIRE.999 MAP-#47-SECONDARY ACCESS DRAFT In the interest of Public safety, the project shall provide an Alternate or Secondary Access(s) as stated in the Transportation Deparment Conditions. Said Alternate or Secondary Access(s) shall have concurrence and approval of both the Transportation Department and the Riverside County Fire Department. 60. PRIOR TO GRADING PRMT ISSUANCE FIRE DEPARTMENT ",........ 60.FIRE.999 MAP-#004 FUEL MODIFICATION DRAFT Prior to the issuance of a grading permit, the developer shall prepare and submit to the fire department for approval a fire protection/vegetation management that should include but not limited to the following,items: a) fuel modification to reduce fire loading b} appropriate fire breaks according to fuel load, slope and terrain. c} non flammable walls along common boundaries between rear yards and open space. d} emergency vehicle access into open space areas shall be provided at intervals not to exceed 1500 feet e) a homeowner's association or appropriate district shall be responsible for maintenance of all fire protection measures within open space areas. ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIR~ DEPARTMENT FUEL MODIFICATION REQUIREMENT, SHALL HAVE CONCURRENCE WITH THE RESPONBILE WILDLIFE ANn/OR OTHER CONSERVATION AGENCY. I"'""'"' ACENDAlTEM NO. . ~ I PAGE.-Jfj:-OF 3/- NOU 20 '03 11:18 9099554886 PAGE. 07 IlJIlllH JI .. ...... u........... ~ ~_'!~"!~."'t..w .~.~~.~_. 11/19/03 15:19 Riverside County LMS CONDITIONS OF APPROVAL Page: 4 Library Conditions ~ 80. PRIOR TO BLDG PRMT ISSUANCE FIRE DEPARTMENT 80.FIRE.999 MAP-#SOC-TRACT WATER VERIFICA .. DRAFT The required water system, including all fire hydrant(sl, shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Riverside County Fire Department to inspect the required fire flow, street signs, all weather surface, and all access and/or secondary. Approved water plans must be a the job site. 80.FIRE.999 MAP - SECONDARY/ALTER ACCESS DRAFT In the interest of Public Safety, the project shall provide An Alternate or Secondary Access(s) as stated in the Transportation Department conditions. Said Alternate or Secondary Access(s} shall have concurrence.andapprovalof both the Transportation Department and the Rive+side County Fire Department. Alternate and/or Secondary A9cess(s) shall be completed and inspected per the approyedplans. "-"" ACENDAllliM NO. o~ I PAGE ~Q "-"" NOV 20 '03 11:18 9099554886 PAGE. 08 ~ CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31706 PARDEE HOMES PLANNING DIVISION General 1. Tentative Tract Map No. 31706 will expire two years from date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Tentative Tract Map No. 31706 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements ofthe Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 3. Future development shall comply with those standards and guidelines contained in the Residential Element, Commercial/Institutional Element, Public Facilities and Services Element, Resources Management Element, Circulation Element, Zoning Element, and Community Wide Implementation Element as contained in the Canyon Hills Specific Plan document. 4. Tentative Tract Map No. 31706 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Canyon Hills Specific Plan document and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. /'""' 5. Future development shall comply with those requirements and provisions contained in the Canyon Hills Development Agreement; 2004 Funding, Construction, and Acquisition Agreement, and Community Facilities District (CFD) No. 2003-02. 6. The applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 7. The applicant shall provide all project-related onsite and offsite improvements as described in the Canyon Hills Specific document and Tentative Tract Map No. 31706. 8. The applicant shall implement those mitigation measures identified in the 1989 Final Canyon Hills Specific Plan EIR and the 2003 Addendum to the Final Canyon Hills Specific Plan EIR. 9. All future proposals shall be reviewed by the City on a project-by-project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 10. Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department (see attached comments from the Fire Department dated January 7, 2004). /'""' 11. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval ofthe City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Canyon Hills Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City AGENDA ITEM NO.~.. PAGE ~I _OF:..:JI::::. CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31706 PARDEE HOMES (Continued) '-' will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. Prior To Final Tract Map 12. All lots shall comply with minimum standards contained in the Canyon Hills Specific Plan. 13. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 14. Street names within the subdivision shall be approved by the Community Development Director or Designee. 15. All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 16. The applicant shall comply with all conditions of the Riverside County Fire Department. 17. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). Prior To Desien Review Approval '-' 18. All future structural development associated with this map requires separate Design Review approval. 19. Prior to Design Review approval, the applicant shall show the following: · Prepare Conceptual Landscape Plan for Model Home Complex which describes species, size, and location of trees, shrubs, groundcover, hardscape, etc. to be provided. · Show that architectural treatments and articulation will be provided along all elevations, not only the front elevations. At a minimum, foam surrounds will be provided around all windows located along the side and rear elevations. · Those side and rear elevations that are within the public view will be provided with additional architectural enhancements and articulations. · Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. · All front return walls shall be constructed of decorative masonry concrete block. Wooden front returns are not allowed. · Perimeter walls around the subdivision shall be of decorative masonry concrete block. '-' ;.CENOA ITEM NO. dv I FACiE t;Q OF, 9J,~,= ,- CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31706 PARDEE HOMES (Continued) 20. Design for all drainage basins proposed with Tentative Tract Map No. 31706 shall be approved by the City Engineering Manager and Community Development Director or designee. Security fencing shall also be shown. Chain-link fencing is prohibited. PRIOR TO BUILDING PERMIT/GRADING PERMITS 21. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 22. The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 23. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved by the Fire Department for future phases. Said Plan and Program shall show those special treatments necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable vegetation and shall describe the method of removal and installation, and provisions for maintenance. The City's Landscape Architect shall be ensure compliance with said program. ",-... 24. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 25. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the City Engineer, for all required utility services. 26. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 27. All subdivision tracts shall annex into the existing Canyon Hills Homeowner's Association. 28. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 29. Pay all applicable fees including park fees. 30. The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 31. The applicant (master developer) shall prepare a Community-Wide Wall Plan for the entire Canyon Hills area. ",-.... 32. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following: . Show that a masonry or decorative block wall will be constructed along the entire tract boundary. AGENDA ITEM NO. :L I PAGE J..3 OF q / CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31706 PARDEE HOMES (Continued) ....." · Show materials, colors, and heights of rear, side and front walls/fences for proposed lots. · Show that front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. · Show that side walls for comer lots shall be decorative masonry block walls. · Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. 33. The applicant shall submit plans to the electric utility company for a layout ofthe street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 34. The applicant shall meet all requirements of the providing electric utility company. 35. The applicant shall meet all requirements of the providing gas utility company. 36. The applicant shall meet all requirements of the providing telephone utility company. 37. A bond is required guaranteeing the removal of all trailers used during construction. ....., 38. All signage shall be subject to Planning Division review and approval prior to installation. 39. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one year for erosion control landscaping at the time the site is rough graded. 40. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7 :00 AM and cease at 5 :00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. Prior To Issuance Of Certificate Of Occupancy 41. The applicant shall restrict all construction traffic from using Lost Road, south of the project boundary. All construction traffic will access the project area from Canyon Hills Road. ....." AGENDA ITEM ND._ iJ. ~ I PACE (}'1 Of '-- . ,.... CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31706 PARDEE HOMES (Continued) 42. Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust suppression along Lost Road to minimize fugitive dust generation shall be applied. Fugitive dust suppression techniques may include soil watering, application of soil binders, and/or placement of gravel or other appropriate material to minimize vehicle generated dust. 43. Open space lots shall be retained by the applicant or dedicated to a Conservancy. Maintenance of these open space lots shall be the responsibility of either the Conservancy and/orHOA. ENGINEERING DIVISION 44. Dedicate full width right-of-way and construct full width roadway improvements for Hillside Drive. Improvements and dedications shall be consistent with the Canyon Hills Specific Plan. 45. Hillside Drive and Lot 'K' shall become a private road as noted on the tentative map. The private road network shall begin at and include the turn-around feature. 46. All private roads shall be constructed to be consistent with the Canyon Hills Specific Plan. /""' 47. Dedicate and improve full width of internal streets. Street improvements shall conform to City standards for local street cross sections. 48. All private roads shall be maintained by an association or private maintenance district. 49. Provide access capabilities for emergency vehicles through the gated entrance. 50. Provide detentionldesiltation basin designed to detain the increase in stormwater run-off volume resulting from the development. 51. Grading on adjacent property shall require a "notarized permission to grade" letter from the affected property owner. 52. All slopes, cut or fill, shall comply with UBC requirements for setback from adjacent property lines. 53. Diversion of stormwater flows shall not be allowed. 54. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 55. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 56. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). ,.... 57. 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. ACENDA ITEM NO. g..1 PAOE ~ )" OF q I CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31706 PARDEE HOMES (Continued) ...., 58. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 59. 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). 60. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 61. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 62. Desirable design grade for local streets should not exceed 9%. The maximum grade of 15% should only be used because of design constraints. 63. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 %. 64. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 65. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 W' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. ~ 66. Applicant shall install permanent survey monuments in compliance with the City's Municipal Code. 67. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 68. 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. 69. Provide fire protection facilities as required in writing by Riverside County Fire. 70. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 71. Applicant shall annex to the City's Street Lighting and landscaping Maintenance District. 72. Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 73. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. ......., ACENDA ITEM NO. ;p I PACE JJI? Of.3.L- "" CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31706 PARDEE HOMES (Continued) 74. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy 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. 75. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 76. 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. 77. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 78. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. ~ 79. All grading shall be done under the supervision of a geotechnical engineer and shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 80. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 81. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 82. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 83. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 84. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 85. Meet all requirements ofLEMC 15.64 regarding flood hazard regulations. ~ 86. Meet all requirements ofLEMC 15.68 regarding floodplain management. 87. The applicant to provide FEMA elevation certificates prior to certificate of occupancies. ACENDA ITEM NO. PACE ?-7 ~/ OF r:t, I CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31706 PARDEE HOMES (Continued) ......, 88. Site development along the lake perimeter will require special grading and flood proofing requirements (LEMC IS). 89. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 90. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 91. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 92. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 93. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 94. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. ......, 95. Applicant shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 96. Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. 97. Applicant shall agree to participate in and join a Mello Roos Community Facilities District (CFD) for infrastructure improvements and operation. 98. Up-slope maintenance along right-of-ways shall be maintained by the city's lighting and landscaping maintenance assessment district or a homeowner's association. 99. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 100. 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. 101. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. ......, AGEN~:E;.~._: '11.: ,-... CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31706 PARDEE HOMES (Continued) 102. 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. 103. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 104. Intersection site distance shall meet the design criteria of the CAL TRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type oflandscaping and wall placement. 105. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 106. Local streets shall have sixty (60) ft. right-of -way with forty (40) ft. curb-to-curb. Restricted local streets (cul-de-sacs) shall have fifty (50) ft. right-of-way with thirty-six (36) ft. curb-to-curb and a three (3) ft. utility easement on each side. ,-.... 107. Restricted local interior double-loaded streets shall not have less than a 50 ft. Right-of-way with 36 ft. Curb-to-curb and a 3 ft. utility easement on each side of the street. Single- loaded local streets shall not have less than a 45 ft. right-of-way with a 3 ft. utility easement and 36 ft. curb-to-curb. 108. No residential lot shall front and access shall be restricted on Hillside Drive and so noted on the final map. 109. All parcels shall have direct access to public right-of-way or be provided with a minimum 30-foot ingress and egress easement to public right-of-way by separate instrument or through map recordation. 110. Upon demonstration to the City that an adjacent property owner is unable to gain reasonable access to an adjacent parcel (considering available option along the entire boundary of the parcel), City shall inform applicant and applicant agrees to take proactive measures to establish adequate access to accommodate the adjacent parcel. Alternatively, the City may require that Applicant offer an easement for necessary ingress and egress solely to address the needs of the adjacent parcel. The conveyance of any easement pursuant to this condition shall not conflict with designated uses of property including any and all conservation, open space or mitigation use of property. 111. Applicant shall provide access to adjacent properties needing access through this development by public right-of-way or access easement based on a reasonable accessibility determination to the satisfaction of the City. --- 112. If right-of-way is abandoned as part of this development, then adjacent property affected by the abandonments must still have access to public maintained right-of-way. AGi:i\iDA ITEM NO. PAGE 0.9 ~/ OF 11 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31706 PARDEE HOMES (Continued) ...."" 113. The final map shall show the abandonment of dedications of public right-of-way or easements by appropriate certifications on the map. 114. Applicant shall record CC&R' s for the tract prohibiting on-street storage of boats, motorhomes, trailer, and trucks over one-ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Director prior to recordation of final map. 115. Applicant shall cause to be recorded a CC&R's with recordation of final map which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the Director of Community Development and the City Attorney. The CC& R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 116. Applicant shall provide a homeowner's association with CC&R's for maintenance of the open space. 117. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way will be owned and maintained by either a home owner's association or private property owner. 118. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval. ......" 119. If the CFD has not been formed at building permit, then the developer shall enter into an agreement with the City to mitigate drainage impacts by payment of a Drainage Mitigation fee. Per recommendations of the Master Drainage Plan developed by RCFCD for the West End, the developer shall deposit $4000 per acre. If a Drainage Assessment District is formed in the West End and that drainage fee is lower than the present fee, a partial refund will be returned. 120. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR&R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 121. Applicant shall provide funding for the re-appropriation calculations of the assessment due to the increase in lots in the assessment district. 122. In accordance with the City's Franchise Agreement for waste disposal and 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. ......" ACEND/\ ITEM NO. ~ I PACE 30 OF CJ I Tom Tisdale fn Chlef Proudly scrvin!t the l1llincorporatoJ :1te<I~ of R I \'\:r:'ldc Countv and Ur.e Cili~of BUllmn~ . He<lumonl y CJJiDl':~ 0:' C~Itl:un LH~" .:.. CO:1chcllu oj [).;~.:tt !Jot Spill I:!:> 111J'dlll.\"cll., {mho ... ~.l"" c.!:>u:\Jr.: ... Lal)llllllJi ':0 Moreno VIII!.', .;, Palm Ixxli ,-. P~ln:'i Rancho MlTo;:': San .r.,rimo .:- r clO.:cula ill'nrd oj' SUl'etl"~nr'l Kl V J::K~llJE"'CtJlJm'y FIRE DEPARTMENT In cooperation with the C3lif~mh Department ofF(\~trv:lnd Fire ProtccriQn 4080 Lemon St., J FL PO. Box 1549, Riverside, Ca. 92502-t549' (909) 955-4777' (909) 955-4886 Fire Protection Planning and Engineering Sl!IVice Section DATE: 1-7.oC( RE:l~-Tt31/D<PLANNER: The Riverside County Fire Department requests an amended map with the following changes prior to issuance ofletter of conditions: -_ Show vicinity map with 2003 or later Thomas Brothers coordinates _. List aU utility companies --. .__ Driveway width not shownlincorrect minimum width__. - Driveway grade not shownlincorrect maximum grade 15% -'- Driveway surface not shownlincorrect, show asphalt or concrete - -. - Driveway radius not shownlincorrect. Contact Fire Dept.. fot, guideline handout - Fire Dept. turnaround not shown/incorrect. Contact Fire Dept. for guideline handout .-- Fire Dept. turnout not shown/incorrect. Contact Fire Dept. for guideline handout -"__ Occup. classification per 2001 CBC not shown/incorrect for bldg(s) _ Type construction per 2001 CBC not shown/incorrect for bldg(s) -- Show square foolage per floor, mezzanines and total for building, for each building shown _.. ... Label all buildings as proposed or existing. Label existing building either to remain or to be removed __._ Floor plans and elevations needed for buildings lk.h HU~1cr. _,_ _ Show all bus zones, loading, unl~djng zones, ete Di'.ncll 1.-1,.\ T.'''l!lil'"'' Show location and size in gallons for all above/underground fuel tanks, waste oil, 1),,"',1 ~ LPG and chemical tanks. (Ifno tanks state on plans) Jim "':cu;Jhh::. OJ''',,.:1 I Medians must be setback 35 feel from face of curb and minimum 20 feet driving It", \\,IS<'I1. width each side of medium. D..ill.l.! \b,llun . \.,hh:~. ",.-. 1),"In,' . ACENDA ITEM_ NC). fj I__ PACE .3/.. OF l' 7 9099554886 PAGE. 03 JAN 07 '04 16:40 ..... ~ I I t I j 1 t 2 ..,. V.J ..... .. . .--.. . , . . '. . .~,~,' ~~.(~~Ai~~i~~~'~~' ,.. "fl~~~~~~~~~~li'. .(.'. ,. '~"J..f · \'t' . '\', ",'k~"~' i';~~~~.".l..,_'I'. . ... . '" ,:j . ,5"'" 'lA~...-<..I"... ~'-~~... ;.;;?,..r..r;"t ' .t.' I ~,( , .~':t>> '..' '.i~"l.:r'.jf.~~l:' '~t;~,~, ... .....~~ ;,,~. :ft1~ :~':G:~~. ~~'~~";':lt",:~!~:.~-~ .~. .'i. ,.l'lo~t~-J:~~}.~~' ~. :-1'1": ....... ,r~,-'.~:~,,,,,~ ' ',': ..,q ~,;i~J,W-8~ ~-j:t, ~; ''':,i~- ~$~~~i~':t'~j .. ~'l".~ 'tfJ;1~'~1~iJt~~; ." ~~~. '~:;.>::(.~~.'1~ ," - Gate width and/or type of gate not shOwn ~r 1I1COrrect. . Gate must be a 1i1i' . - feet in width, automatic and/or manUal ~ih aRapid'~ Sysiem(sj. 9at~:>i~~ must be setback 35 feet from face ofcurb/road right of way. (IfDogatessiate~ft.l . plans). >: ~~rr:'~i;t},ff.;~',:':t. ~'~S1..~!-::,t.:~tt~;~;"lr' .';. .<;~,:.~-?$.tiF' . . :J:'~f~~~;}~~;Z~tt:~11l1~r);1~i".'S:tj~.~~t:__. ~-tl.t;l~~~" - Project will require water sernce from ~ p.'~~"~.. ":.!~.'..~.,.r....... y.......... '...J............ '. ' '!. "jtp'. j,,{..,';tif.'f..4~ri.; ~ Cul-de-sac length 100 long for HighY~l1~lf~~~~~~~.~i~ of C,(ULuAnO:u I~ LOt '4 :.t- !\"~.USf~~~~ ,.ti;:~'~~1.:~tl:;;~~: Cul-de-sac exceeds IIIllXJIIIIJJD length of 1320 1eet "';:'..!.~.o',i..'."i1~'Jll.i. "'~J' ';';''.' ". '.~."i~i{fh.;l. ".;iP.~.i!'r~-' -- , ,,' ~, ?"H~'.t',~''''', ',~.. ."........:....,. t(>~.~~,(~l..."" - - Cul-de-sac length too long for State Responsmimr ..w~ length aoo.feet' :t,';~,t4~; ~ Primary and second~ access nOl m::;:'~~i~~OS''PEsvq.;;;:r~f~Jf ~u.lSI~e NtSf5!j ItN~&, A~SS"W.~<?~ti-I) , "':'~' - Dnveways must take therr access from a pub~c or.pnvate street-NOT an easement . ~,d)\.:. .. .... , .. ..... . .'.. . ...-~. ~ .;,' ; ..:' . '~i: ,.:~ ( .. ; ..:(.~. .::: ..... .. VehicuJar access required within ] 50 feet of any portion 9f any building as ' - measured along approved vehicular travel ways, Acc'eSs shan be a miniJ:inuri24'feer in width, asphalt or concrete surface . '. .,J.._, .... ... . ".' fi";: ~ -,1..,7. -- Stale on plans if this is a "SHELL BUILDING NO TENANF~ - A Fire Protection Engineers Report shaII be submitted for review and approval, prior to conditioning of the project. . ,1. ' .. ;.r.:'.. ,,'.. , . 'f. - '. ......., Fire flow Jetter was faxed/mailed on date: . to Letter must be returned to fire Dept. prior to conditiOning of prQjeci. .. ~. I' , .. \. , . ., 4.:w .1.:: Other ,'. ; ;' lih: , . An question regarding these c~rrections contact the rICe Department Planning Section at 909-955-4777. .;. !. ,'~ ..~ ,', ~r. .~: !; 3-6-03/emm I , ''ll .- MNO.JF~{ ACtNOA \lE .'2 i- O. f __1 - . - PAQt-,Y - . '-f' JAN 07 '04 16:40 9099554886 PAGE _ 04 01/07/04 07:29 r' ~Iibrary Conditions Riverside County LMS CONDITIONS OF APPROVAL Page: 1 le- I({ s/)()b 10. GENERAL CONDITIONS FIRE DEPARTMENT lO.FIRE.999 CASE - CITY CASE STATEMENT DRAFT With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: lO.FIRE.999 MAP-#50-BLUE DOT REFLECTORS DRAFT Blue retroreflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement or markers must be approved by the Riverside County Fire Department. JO.FIRE.999 MAP*-#16-HYDRANT/SPACING DRAFT r- Schedule A fire protection approved standard fire hydrants, (6"x4"x2 1/211) located one at each street intersection and spaced no more than '<.10 feet. apart in any direction, with no portion of any~frontage more than lld(' feet from a hydrant. Minimum fire flow shall be 10D() GPM for 2 hour duration at 20 PSI. Shall include perimeter streets at each intersection and spaced 660 feet apart. 50. PRIOR TO MAP RECORDATION FIRE DEPARTMENT 50.FIRE.999 MAP-#7-ECS-HAZ FIRE AREA DRAFT Ecs map must be stamped by the Riverside County Surveyor w'j th the following note: The land division. is located in the "Hazardous Fire Area" of Riverside Coun.ty as shown on a map on file with the Clerk of the Board of Supervisors. Any building constructed on lots created by this land div:ision shall comply with the special construction provisions contained in Riverside County Ordinance 787. SO.FIRE.999 MAP*-#43-ECS-ROOFING MATERIAL DRAFT r-. F,c!') map must: be stamped by the Riverside County Surveyor with the following note: All buildings shall be const.ructed with class ''A'' material as per the. california~ I . AGEN.DA ITEM N,O._ . q I PAGE3LoF JAN 07 '04 16:41 912199554886 PAGE. 1215 - . - . 01/07/04 07:29 Riverside County LMS CONDITIONS OF APPROVAL Page: 2 Library Conditions (6- 77Zs //0(, ""-'" 50. PRIOR TO MAP RECORDATION SO.FIRE.999 MAP*-#43-ECS-ROOFING MATERIAL (cont.) DRAFT Building Code. SO.FIRE.999 MAP-#004-ECS-PUEL MODIFICATION DRAFT Ees map must be stamped by the Riverside County Surveyor with the following note: Prior to the issuance of a gTading permit, the developer shall prepare and submit to the fire department for approval a fire prot.ection/vegetation management that sbould include but not limited to the following items: ,a) Fuel modification to reduce fire loading. b) Appropriate fire breaks according to fuel load, slope and terrain. c) Non flammable walls along common boundaries between rear yards and open space. d) Emergency vehicle access into open space" areas shall be provided at intervals not to exceed 1500'. e) A homeowner's association or appropriate districts}lCl..11. Pc::., responsible for maintenance of all fire protection measures wi.thin the open space areas. ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE DEPARTMENT FUEL MODIFICATION REQUIREMENT, SHALL HAVB CONCURRENCE WITH THE RESPONSIBLE WILDLIFE AND/OR,OTHER CONSERVATION AGENCY. ~ SO.FIRE.999 MAP-#46-WATER PLANS DRAFT The applicant or developer shall furnish one copy of the watet" system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacingar;ld minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. 50.FIRE.999 MAP-#53-ECS-WTR PRIOR/COMBUS DRAFT Ecs map must be stamped by the Riverside County Surveyor with the following note: The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. : """'" AOENDAITEMNO._~' PAOE-4 Lf:- OF ,'1/' JAN 07 '04 16:42 9099554886 PAGE. 06 " nu I U i 111' 11 ..J ' U..J 1 IU 1\ l' \J V I' 1 1\ l' I IlIIl l'nh llV. JUJJ..J..J'tUUU I, f 01/07/04 ;""".0 7 : 2 9 Riverside County LMS CONDITIONS OF APPROVAL Page: 3 Library Conditions L C'- r/2 '3 /70(, 50. PRIOR TO MAP RECORDATION 50.FIRE.999 MAP-#47-SECONDARY ACCESS DRAFT In the interest of Public Safety, the project.$hallprovide ;:m Alternate or Secondary Access (s) as stated in the' ,,' . 'rransportation Deparment Conditions. Said Alternate or Secondary Access(s) shall have concurrence and approval of both the Transportation Department and the Riverside County Fire Department. 80. PRIOR TO BLDG PRMT ISSUANCE FIRE DEPARTMENT 80.FIRE.999 MAP-#50C-TRACT WATER VERIFlCA DRAFT ~ The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department-prior to any combustible building material placed on an individual lOL. Contact the Riverside County Fire Department, to inspec:t the required fire flow, street signs, all weather surface, and all access and/or secondary. Approved water plans must be a the job site. 80.FIRE.999 MAP - SECONDARY/ALTER ACCESS DRAFT Tn the interest of Public Safety, the project shall provide An Alternate or Secondary Access(s) as stated in the 'l',-ansportation Department conditions. Said Alternate or Secondary Access(s) shall have concurrence and approval of both the 'l'ransportation Department and the :Riverside County Fire Department. Alternate and/or Secondary Access(s) shall be completed and inspected per the approved plans. ~ AGENOAITEM NO.. ~' 'j ( -= PAGE$ 5_0F JAN 07 '04 16:42 9099554886 PAGE. 07 ATTACHMENT A APRIL 20, 2004 PLANNING COMMISSION STAFF REPORT AND MINUTES '-"" ~ ~ AGENDA 'TEM NO. :21 PACE 3~ OF Cf I "" ,,- "....-. PLANNING COMMISSION STAFF REPORT City of Lake Elsinore Planning Divis ion 130 S. Mm SUCCt Ukc Elsinon:, CA 92530 (909) 674-3124 (909) 471-1419bx J I DATE: Apri120, 2004 TO: Chairman and Members of the Planning Commission FROM: Robert A Brady, Community Development Director PREPARED BY: Duane Morita, Senior Planner PROjECf TITLE: APPLICANT: Tentative Tract Map Nos. 30493 and 31706 Pardee Homes; 1181 California Avenue; Suite 103; O:>rona CA 92881; Attention: Mr. Jim Stringer PROjECf REQUEST: 1. Recommend approval of Tentative Tract Map No. 30493. 2. Recommend approval of Tentative Tract Map No. 31706. PROjECf LOCATION: The project site is located within the Canyon Hills Specific Plan area, which is located within the eastern boundaries of the Gty of Lake Elsinore, east of the 1-15 Freeway. Direct access to the Specific Plan area is from the 1-15 Freeway to Railroad Canyon Road, which crosses the northwest comer of the Specific Plan area. Canyon Hills Road connects with Railroad Canyon Road and the property from west to east. Lost Road is constructed onsite and connects off of Canyon Hills Road in the north to south direction. Tentative Tract Map (TI1v1) No. 30493 is located at the northeast comer of Canyon Hills Road and Hillside Drive. Proposed TIM No. 31706 will be located within one of the lots created within TIM No. 30493. Proposed TIM No. 31706 connects with TIM No. 30493 immediately to the north and is accessed by Hillside Drive. Refer to Exhibits A and B, which present the locations of each of these two tract maps in relationship to the overall Canyon Hills Specific Plan. ;Zl ACENOA lTEM NO. . """"'. 1 PACE ~I Of I '1 REPORT TO PLANNING COMMISSION APRIL 20, 2004 PAGE 2 '-' PROJECf: TENTATIVE TRACf MAP NOS. 30493 AND 31706 BACKGROUND: The Lake Elsinore Planning Conunission and Gty Council approved the revised Canyon Hills Specific Plan in May 2003 which intends for those residential lots that are being proposed within the two project areas. PROJECf DESCRIPTION: The Planning Conunission is being requested to review and recommend approval of the two proposed Tentative Tract Maps to the Gty Council. It should be noted that the two tract maps are considered separate projects but are presented and discussed in this staff report because the tract maps are proposed by a single property owner and are part of the same Canyon Hills Specific Plan. The following describes the two proposed Tentative Tract Maps: 1. Tentative Tract Map No. 30493: The proposed Tentative Tract Map encompasses approximately 1,075 acres. Refer to Exhibit C which is a reduction of Tentative Tract Map No. 30493. The following describes proposed features and improvements: Proposed Lots: The tract map proposes 444 total lots in the following: . 395 single-family detached residential lots. These lots are located within Planning Areas 21 and 24 of and designated SF3 by the Canyon Hills Specific Plan. The proposed residential lots are consistent with the Canyon Hills Specific Plan land use designation. ....., . Four large lots (Lots 400, 403, 404, and 405) for future single-family detached residential uses. Lot 400 is located within Planning Areas 22 and 23 and is designated SF3 and SF2, respectively. Lots 403, 404, and 405 are located within Planning Areas 29 and 30, and are designated SF2 and SF3. The proposed large lots are consistent with the Canyon Hills Specific Plan land use designations. . One large lot for future condominiums (180 units maximum). 'This lot is located within Planning Area 36 and designated MF1. The proposed condominium lot is consistent with the Canyon Hills Specific Plan land use designation. . One lot for future elementary school. This lot is located within Planning Area 19 and designated ES (Future Elementary Schoo~. The proposed elementary school site is consistent with the Canyon Hills Specific Plan land use designation. . One lot for future Community Park. This lot is located within Planning Area 18 and designated CP (Future Community Park). The proposed community park is consistent with the Canyon Hills Specific Plan land use designation. . 18 lettered HOA lots for drainage basins and slopes. ....., AGENDA ITEM NO. Jj PAGE 1~ OF q. I ;--. REPORT TO PLANNING COMMISSION APRIL 20, 2004 PAGE 3 PROJECT: TENTATIVE TRACT MAP NOS. 30493 AND 31706 . Three lots for open space. . 21 lettered lots for public streets. Proposed Lot Sizes: The 395 single-family detached lots range in size from 4,887 to 11,937 sf., with an average lot size of 6,504 sf. The proposed condominium lot is 6.2 acres. The future elementary school site is approximately 16.5 acres. The future community park site is approximately 22 acres. Proposed Roadway Improvements: Access to the site will be provided from Canyon Hills Road and Hillside Drive. 21 lettered lots are proposed for other public streets. The site will be accessed from Canyon Hills Road via two full-entry" streets (right-turn in! out and left-turn in! out). Canyon Hills Road will have a lOO-foot right-of-way with 14-foot median, four travel lanes, and 12-foot sidewalks and parkways. Hillside Drive will also access the site via two full- entry streets. Hillside Drive will have a 70- foot right-of-way with four travel lanes and II-foot sidewalks and parkways. Internal local streets will be designed with a 60-foot right-of-way, two travel lanes, and 10-foot sidewalks and parkways. Internal cul-de-sacs will be designed with a 56- foot right-of-way, two travel lanes, and 10-foot sidewalks and parkways. Project streets will be ..--. publicly maintained. Landscaping along the streets will be maintained by the Homeowner's Association. 2. Tentative Tract Map No. 31706: This proposed Tentative Tract Map, which encompasses approximately 135 acres, further subdivides Lot 400 from Tentative Tract Map No. 30493 into 292 total lots. Refer to Exhibit D which is a reduction of Tentative Tract Map No. 31706. The following describes proposed features and improvements: Proposed Lots: The tract map proposes 292 total lots in the following: $ . 255 single-family detached residential lots. These lots are located within Planning Areas 22 (107 lots) and 23 (148 lots) of the Canyon Hills Specific Plan and designated SF3 and SF2, respectively. The proposed residential lots are consistent with the Canyon Hills Specific Plan land use designations. . 18 lettered HOA lots for drainage basins and slopes. . Three lots for open space. . 15 lettered lots for public streets. . One lot for future water tank. ----- Proposed Lot Sizes: The 107 single-family detached residential lots that are located within Planning Area 22 and designated SF3 by the Specific Plan range in size from 5,200 to 9,177 sf., AGENDA ITEM NO. .;{'., PAGE 39 OF q, REPORT TO PLANNING COMMISSION APRIL 20, 2004 PAGE 4 "'-"" PROJECT: TENTATIVE TRACT MAP NOS. 30493 AND 31706 with an average lot size of 5,895 sf. The 148 single-family detached residential lots that are located within Planning Area 23 and designated SF2 by the Specific Plan range in size from 6,101 to 14109 sf., with an average lot size of 8,275 sf. The average lot size for both Planning Areas is 7,276 sf. Proposed Roadway Improvements: As discussed, TIM No. 31706 further subdivides Lot 400 which will be created with TIM No. 30493. Access to the TIM No. 31706 site Will be provided by two entry roads. One of the proposed roads, Hillside Drive, traverses the western boundary of TIM No. 30493 and will extend in the northerly direction to connect and provide access into TIM No. 31706. Hillside Drive will have a 70-foot right-of-way with four travel lanes and 11- foot sidewalks and parkways. The other entry roadway (Lettered Lot "0"), will extend from TIM No. 30493 to the south and will have a 60-foot right-of-way with four travel lanes and 10- foot sidewalks and parkways. Gated entries will be provided along Hillside Drive and the other entry roadway at a distance of about 1,500 feet from the TIM No. 30493 boundary. These particular segments of the two roads will be publicly maintained; landscaping will be maintained by the BOA The segments of these two roads which extend beyond the two gated entries, into the TIM No. 31706 site, will be privately maintained. The private segment of Hillside Drive then narrows from a 70- foot ROW to a 60- foot ROW. Landscaping along these particular segments and the entry gates will continue to be maintained by the BOA "'-"" Internal local streets within the subdivision will be designed with a 60-foot right-of-way, two travel lanes, and 10-foot sidewalks and parkways. Internal cul-de-sacs will be designed with a 56- foot right-of-way, two travel lanes, and 10-foot sidewalks and parkways. DISCUSSION: Staff supports Tentative Tract Map Nos. 30493 and 31706. Staff believes the proposed subdivisions implement the at}? General Plan and the Canyon Hills Specific Plan which intend for residential development, a community park, a future elementary school, and open space within the two project sites. The applicant has worked diligently with staff in resolving issues relating to the proposed maps. All major issues have been addressed either through project design of the tract maps, compliance with standards and guidelines contained in the Canyon Hills Specific Plan, and mitigation measures and Conditions of Approval established with the Specific Plan and previous environmental documents. It should be noted that the applicant, at this time, is only considering subdivision of the project sites. The applicant has not yet submitted architectural and! or building plans for future residences, plotting plans, preliminary wall and fence plans, etc. These issues will be addressed when the applicant submits for Design Review approval in the future. The Planning Commission will have an opportunity to review and consider the Design Review application when submitted by the applicant. ......" AGENDA ITEM Nj>.J I PAGE 'It) OF 'II ,...... ,-.... ,-.... REPORT TO PLANNING COMMISSION APRIL 20, 2004 PAGE 5 PROJECT: TENTATIVE TRACT MAP NOS. 30493 AND 31706 ENVIRONMENTAL SETTING: EXISTING LAND USE ZONING GENERAL PLAN Project Site TTM 30493: Vacant TTM 30493: (l> (P A Canyon Hills Specific Plan 18), ES (pA 19), SF3 TTM 31706: Vacant (PA 21), SF3 (pA 24), MFl (P A 36), & OS TTM 31706: SF3 (P A 22), SF2 (PA23) &OS North TTM30493: Vacant TTM 30493: SF3 (P A Canyon Hills Specific Plan 22) & OS and Cbnnty TTM 31706: Cbunty/Residential TTM31706:Cbnnty/ Residential & OS East TTM 30493: Vacant TTM 30493: OS Canyon Hills Specific Plan TTM 31706: Vacant TTM 31706: OS South TTM 30493: Vacant TTM 30493: SF2 (P A Canyon Hills Specific Plan 29) & OS TTM 31706: Vacant TTM 31706: (l> (P A 18), ES (pA 19), SF3 (pA 21), SF3 (PA 24), MFl (P A 36), & OS West TTM 30493: Vacant TTM 30493: MFl (P A Canyon Hills Specific Plan 12) &MF2 (pA 13) TTM 31706: Vacant TTM 31706: OS ANALYSIS: The following discusses why staff supports the proposed tract maps. 1. The Proposed Tentative Tract Maps Implement Intended Land Uses Designated in the Canyon Hills Specific Plan: As discussed, the proposed Tentative Tract Maps are located within and regulated by the Canyon Hills SpecifIc Plan. The Specific Plan intends for those uses proposed with the Tentative Tract Maps, including detached and attached residential product, an elementary AOENDA ITEM. NO. t1 PAOE.JiLoF fl-L REPORT TO PLANNING COMMISSION APRIL 20, 2004 PAGE 6 ..., PROJECf: TENTATIVE TRACf MAP NOS. 30493 AND 31706 schoo~ a community park, and open space areas, to be constmcted within the various Planning Area locations that underlie each Tentative Tract Map. In other words, the proposed Tentative Tract Maps represent the frrst step in impletrenting the intended land uses for the two project sites. The proposed Tentative Tract Maps do not conflict with the intended land uses and their respective locations, and standards, objectives, and guidelines contained in the Canyon Hills Specific Plan. The applications being considered by the Planning Commission are for the Tentative Tract Maps only. Future construction of the proposed residential uses would require future Planning Commission and Gty Council consideration and approval of Design Reviewapplication(s) relating to building designs, site planning, conceptual landscaping, etc. 2. The Proposed Tentative Tract Maps Comply With Design Standards Contained in the Canyon Hills Specific Plan: Gty Planning and Engineering staff have reviewed the proposed Tentative Tract Maps and have no concerns, if required conditions of approval are satisfied. The proposed Tentative Tract Maps are consistent with development standards contained in the Canyon Hills Specific Plan document in terms of minimum lot sizes, lot widths and depths, street widths, and other Planning and Engineering standards and requirements. The Tentative Tract Maps are consistent with the Gty's Subdivision Ordinance and the Subdivision Map Act. ENVIRONMENT AL DETERMINATION: -.", The 2003 Addendum to the 1989 Final Gmyon Hills Specific Plan Environmental Impact Report, which was prepared in accordance with Section 15164 of the State CEQA Guidelines, provides the necessary environmental clearances for the proposed Tentative Tract Maps. The proposed Tentative Tract Maps will construct land uses that are permitted by right and approved by the Canyon Hills Specific Plan. Accordingly, staff believes the proposed Tentative Tract Maps implement the land use objectives and requirements of the Specific Plan and finds that further environmental evaluation 15 unnecessary. STAFF'S RECOMMENDATION: It is recommended that the Planning Commission adopt the following resolutions: 1. Resolution No. 2004-_, which recommends that the GtyCouncil approve Tentative Tract Map No. 30493. 2. Resolution No. 2004- _' which recommends that the Gty Council approve Tentative Tract Map No. 31706, based upon the following Findings, and subject to the attached Conditions of Approval. -.", ACENDA ITEM NO. J., I PACE ~ oFq~'l . ,--. REPORT TO PLANNING COMMISSION APRIL 20, 2004 PAGE 7 PROJECT: TENTATIVE TRACT MAP NOS. 30493 AND 31706 fINDINGS FOR TTM NO. 30493: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the Gty General Plan and Canyon Hills Specific Plan; Tide 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The prrjro: is cmsistent Wth the dRsigmted larx1 use plannirrg, areas, dec.dqmrnt ani dRsign starJards, ani all dher apprrpriate raptimrmts cmtaind in the ~ Hills SfJefifr Plan, Gerrral Plan, City MuniGpal O:de, aniSulxJi7isimMapAd:. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The prrjro: is cmsistent Wth the lani use plan, dec.dqmrnt ani dRsign starJards ani f>>Ui!l"am, ani all dher apprrpriate rrrptirerrmts cmtaind in the Gerrral Plan 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public setvice requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. ~ The prrjro: is cmsistent Wth the City's Gerrral Plan ani Gt~ Hills SfJefifr Plan, Wll prmide m:essary public senias ani facilitiRs, Wll pay all apprrpriate ja5, ani Wll m result in any adcerse errr.irorurmtal inpad:. 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 prrjro: Wll wrrply Wth all apprrpriate cmseruaion nrJUimrmts if the City ani UnifmmBuilding, Oxk FINDINGS FOR TTM NO. 31706: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the Gty General Plan and Canyon Hills Specific Plan; Tide 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The prrjro: is cmsistent Wth the dt3igrwallarx1 use planning areas, dec.dqmrnt ani dt3ign standards, ani all dher apprrpriate raptimrmts cmtaind in the ~ Hills SfJefifr Plan, Gerrral Plan, City MuniGpal O:de, ani SulxIidsimMap A d:. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). ,..... The prrjro: is cmsistent Wth the lani use plan, dec.dqmrnt ani dRsign standards ani f>>Ui!l"am, ani all dher apprrpriate rrrptirerrmts wntaind in the Gerrral Plan ACENDA ITEM No.~1 _ PACE33-0FE-J- REPORT TO'PLANNING COMMISSION APRIL 20, 2004 PAGE 8 PROJECT: TENTATIVE TRACT MAP NOS. 30493 AND 3V06 ~ 3. The effects this proposed 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 prrj<<I is cmsistent Wth the City's Gerrral Plan am ~ Hills Spocific Plan, Wll prodde rm!Ssary public senices arr1 facilities, Wll pay all apprrpriate fir:s, arr1 Wll rrJ; result in any adrerse emi:rmmntal inpaa:. 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 prrj<<I Wll mrpJy Wth all apprrpriate cmseruttim ra'jUiremmts if the City am UnifarmBuilding 0xJe REVIEWED BY: ~billa, Planning and Oxle Enforcement Manager EXHIBITS A Location Map for Tentative Tract Map No. 30493 B Location Map for Tentative Tract Map No. 31706 C Reduction of Tentative Tract Map No. 30493 D Reduction of Tentative Tract Map No. 31706 Full-Size Set of Tentative Tract Map Nos. 30493 and 31706 ......" APPROVED BY: ~ ACENDA ITEM Nq. at PACE q/f Of -:91 j ,...... D:: .... m ::IE ;:) :z .., ~ III Z D:: 0 0 ;:) ~ ~ ;:) 0 0 0 0 0 a: D:: :z D:: D:: D:: Z .... 0 0 :z ~ -, % ~ ~ ~ :i :::i: ~ , . . . . . . . CO . . . . . . . , ...l ,,--, ~ % ...J ...J 0 ~ ~ 'j:: i= j::O ;:) %0 5~ ~ ..,~ i= 0'- 0;:) III -;:) iiio z ~o ...... S. 0=: co 0=:", ~ So 00 (3 :J:~ ~~ 0=: .... o~ oQ. :::i: ~;:) ~;:) :::i: .... 0 00 ~IO 0 . . . ""t3 . .,. .. . ~:.:.:. ai ......." :.:.:.: . . . .. . . . CU ::::::: -.J :.:.:.: . . . _______J ,,-- ~I~ a: ~ .... Z 0 &.I D:: :::i: 0 ~ m 0 ~ ...J .... Z > ;:) .... 0 Cl 0 % Z Z Z j:: ~ III X ~ &.I ! . . . i II II ,. . \ ,. . . . .. III :!l<: D:: ~ ~ '- !1 o o :J: o III &.I o ~ Q. III :Z: .... ~ o ...J ~ a: ;:) ~ % H') (f\ ~ o ~ d z ~ ~ r-c ~ ~. ~ <~ r-c......... ~ ....... ~lH ~~ ~~ AOENOA ITEM NO. dv/ PAOE 'is OF ..!l-L -:-."';':,~" W III ~ 0 0 :> ~ ~ 0 0 0 u ~ a: a: a: ~ w 0 0 t- ~ Z ~ ~ :::( :i , . . . . . . . . . . . . . . , ..J ~ i= zu w~ 0'- -:> ~o "'10 eo :J:t- ~A. ti:> 00 ""t3 as C1J -..a . . . . . . .. ......... . .:.:.:. . . .. . . . . . .. .. . . . . . . . . ::=:::: ::::::: o z ~ F-c F-c '" o ~ ~".... =- Z F-40 ~ ~ ~"H ~~ ~~ AGENDA ITEM NO. 3/ ~ ~ PAGE-.!iLoF "'1 ll- - ..J ~ i=u ~~ 0:> jiiO W'f a:." 00 !i!t- uCl.. ~:> ~IO ..J ~ Z o i= :> t- i= III Z So ~ i3 a: w :::( :2 o U ~i~ a: W ID :::( :> z . t- Z :> C) :z Z z ~ Cl.. a: t- W z: 0 &AI Ill: :::( 0 a.. m 0 t- ..J &AI % > :> &AI 0 " C) z % z: z: t; j x Cl.. w ! . . . i . . . . , . . . . . 110 II) ~ ~ :. '- !1 o o :J: o II) ~ w u ~ Cl.. III \0 o '" ~ ~ ~ % &AI Cl.. o ~ a: ::) ~ z ~ ~ ~ ~ ~ ff") 0' V C> ff") d z ~ tj .~ ,f-4 Ui~ .~ }-4'H ~,;s ~.~ ~}-4 MID ~(') ~~ Q~ M~ m .... Q~ Z~ ai 1-': U~ <~ ~~ I-~ z .....z >~ -IL ~.~ I-i Zi~ I.LIz t-~ .. .. 'TTEr,;" .1 I!I ~ V) ... ~~~ .. 11' ~ -Ill a := ... ",'" \ '.J ~ II ~ Ii'" I C -I' ," il~ · I ~ ~ ~ !:l tl .' ,. , ,. . . I If; il & t :: r ~... I ili .. ::._~ Ill!alldillllrPil!.'Hlill:>~ i III J!I -.. . ~ 'I Pi III I , 1-' II '=1,1.1 ,~ ' :I. 'I ' f j ii;:: .;!... 11,1 e - c I, 'Iii II r p I; I ~ Iii '- ~I r-: 0 :i!;:; IxX I i I 1'111 t I, I , ~! ',' d : '.1; n III I ~6:i ~z ~~ !~. ,I 'el PI III IS ~ ~,~ ~t.I 91 'I =-:... II . Ii i i: !I II ,p "'Ri'~ I' Ii II~ G! !. ! Z ~- ; i · . II ~ n !. h. it 11~! LI 1!l1" ~ '114 ~ ~ !II,~ t I ~ :'; - . . . .C . .. ~ ~ hl ;, . ~.:I - :,. ...1 .. ~ 8.., III i ~ 11111 d ~ AGENDA ITEM NO. 2v I PAGE!El-OF q r aU I 1;1 leb .-~I It er. liSlll. I I II II II ~ I~! II! . . ~ iiiiii -" .....,......__..10..,... _ii_i." Ii ......-- . """"._"'....__"'..11.........._."""......"........."..__.._.... - --........-- ....."............""....--.."........"....."'""-.-.-.- . lllt'............... << i~ii i;~..1i 5 l ... "R~'R"............. t ! i;~~1iiiiii~ij;ii.i~1 iiii ~ :..:..-..,::::::::=_::- I !!!elMlmwm_\".m~ -~~"-,,.,......~~..I I il : Iii I I! i ; I'lRJ b ik'lSJ1l __.ii;;~ii_~ S --....... . _..~\iji~im_~ -.....-....---.-- _~&mNN;ft _~___ ------..-~ .t!IMUlUlt~.. \.,0 o ........ .... ~ d z ~ ~ ~ o~ ~~ P:l~ H~ ~~ ~~ I; , I II.' 11 Ii HI~LI!IP!I ::i! t' 1!!IPI!!IIII';lt! ill~ 'J 1111111 ,.' · " I" = 1..1' I J .Ir. 'I ilrl~'i ,! i!~;C!i fi II. I; I~ .1, EI. II'b' "i'.'" J-III !i I ii' .111 !. II.. ~ I, II I' j J" 11.1 J l'P 11.1' I.. II,: II h I L I ~ .! U I J ~ ;11"; Ig I '-! III. .. I ~ 'I ~ I ;t t~1 I A6ENOA.rfEM'~O.~$"1 .. PAGE }ffi OF q:. l II I I 'I jmle 1.1 ..1d I I 1IIIp I Ii l~ ~ IiII ii, Bi!!5iIlCIl I~b . I I ~ \C o ---. ... <::::;' , .. ," " . "11'''''';'-::; ,'/ ' / / '--' I '. , 1',: , ,:H:~~f~~~~;~iBj~j~!~X:/:~(;J~it~ii ~ 1 ~. ....", jl , {'f::;.1W..I/....::;,.il,,'jl< .-:./~<:;--~::....;::: t l~ l~ (1.rr/..'/~.i) } /' f;I!;it \'~(' ::.::< ; .~./)~;/.:?;%, ::..../...:...'..<..( :'.;;]/ff/: .;;r- \. l.I'/'lllf(:/" ..... ).)..../..11./ r . ,~i;(;~\%\~~!2jJ? :-... fI\\.\t\\\.\ ./..::::.:::-;:.......-"..1,/ ,! I ~li,~J~" , I , ' If I-' -' '/',' , ,,' .-"/'/:f/" & /i (;llf~f~ /J;;fflfftq7 i ',' /".p'." 0"""'-//" ,t i.~ (-_.~;.~j']' T(!)~j?\=~.(;:~:~-~:~:~.' i i~\ If ~I: ,y r I l~ 1"':\1 I . ,I I. II ~V~' j!; :. !I ~ Is i ~ I t.~ U 1&1 ~ rJ G III Ii >;;~i !I Illd - -'ij II 0 ~o~~. I ...Z o~ · ~ti~1 ~ Soi ... < t I". · I ~ ~lli; ~ t:; i os !" ............miiiliiiiiiiiiiiiii i IIQImHIIQU!UUumtl", I I~ n !i.iiiiiiiiii;;iiii~iij.._;;~,_ 1IiI....H!SS!ISSR!U.llIIIHIPUIlRu........p.m _ijiiAijiijijiiiiio'iii__ii .nq;u....PUno.............1t1lbPIHIII1II """'-"'''"''"---iiiiii i i ~..-uII""" ~"*IIMi1lR. i s m....mliiiiiiiiiiii~r-...__m. .-_...... 1 11111 .........___ M ! . : i I, ull ,...... CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 30493 PARDEE HOMES PLANNING DIVISION GENERAL 1. Tentative Tract Map No. 30493 will expire two years from date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the Gty of Lake Elsinore Gty Council in accordance with the Subdivision Map Act. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per Gty Council approval. 2. Tentative Tract Map No. 30493 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMq, unless modified by approved Conditions of Approval. 3. Future development shall comply with those standards and guidelines contained in the Residential Element, CommerciaVInstitutional Element, Public Facilities and Services Element, Resources Management Element, Grculation Element, Zoning Element, and Community Wide Implementation Element as contained in the Canyon Hills Specific Plan document. /'"' 4. Tentative Tract Map No. 30493 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Canyon Hills Specific Plan document and the Lake Elsinore Municipal Code (LEMq, unless modified by approved Conditions of Approval. s. Future development shall comply with those requirements and provisions contained in the Canyon Hills Development Agreement; 2004 Funding, Construction, and Acquisition Agreement, and Community Facilities District (CFD) No. 2003-02. 6. The applicant shall participate in the Gty of Lake Elsinore Gtywide Landscaping and Street Lighting District, as appropriate. 7. The applicant shall provide all project-related onsite and offsite improvements as described in the Canyon Hills Specific document and Tentative Tract Map No. 30493. 8. The applicant shall implement those mitigation measures identified in the 1989 Final Canyon Hills Specific Plan EIR and the 2003 Addendum to the Final Canyon Hills Specific Plan EIR 9. All future proposals shall be reviewed by the Gty on a project-by-project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 10. Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department (see ",...... attached comments from Fire Department dated November 20,2003). AGENDA IteM NO. .~ PAce-.!11 ~OF . CONDITIONS OF APPROVAL TENTATIVE TRACt MAP NO. 30493 PARDEE HOMES ( Continued) 11. The applicant shall defend (with counsel acceptable to the Gt}1, indemnify, and hold harmless the Gty, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the Gty, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the Gty, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Canyon Hills Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and! or 66499.37, and Public Resources Code Section 21167. The Gty will prompdy notify the applicant of any such claim, action, or proceeding against the Gty and will cooperate fully with the defense. ...., PRIOR TOFINAL TRACfMAP 12. All lots shall comply with minimum standards contained in the Canyon Hills Specific Plan. 13. A precise survey with closures for boundaries and all lots shall be provided per the LEMe 14. Street names within the subdivision shall be approved by the Community Development Director or Designee. 15. All of the improvements shall be designed by the applicant's Gvil Engineer to the specifications of the Gty of Lake Elsinore. ...., 16. The applicant shall comply with all conditions of the Riverside County Fire Department. 17. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). PRIOR TO DESIGN REVIEW APPROVAL 18. All future structural development associated with this map requires separate Design Review approval. 19. Prior to Design Review approval, the applicant shall show the following: . Prepare Conceptual Landscape Plan for Model Home Complex which describes species, size, and location of trees, shrubs, groundcover, hardscape, etc. to be provided. . Show that architectural treatments and articulation will be provided along all elevations, not only the front elevations. At a minimum, foam surrounds will be provided around all windows located along the side and rear elevations. . Those side and rear elevations that are within the public view will be provided with additional architectural enhancements and articulations. ...., AGENDA ITEM NQ. ~I PAGE~t5_0F q, I . . " CONDITIONS OF APPROVAL TENTATIVE TRACf MAP NO. 30493 PARDEE HOMES ( Continued) . Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. . All front return walls shall be constructed of decorative masonry concrete block Wooden front returns are not allowed. . Perimeter walls around the subdivision shall be of decorative masonry concrete block 20. Design for all drainage basins proposed with Tentative Tract Map No. 30493 shall be approved by the Gty Engineering Manager and Community Development Director or designee. Security fencing shall also be shown. Gain-link fencing is prohibited. PRIOR TO BUILDING PERMIT /GRADING PERMITS 21. Prior to issuance of any grading permit and! or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. r"' 22. The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 23. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved by the Fire Department for future phases. Said Plan and Program shall show those special treatments necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable vegetation and shall describe the method of removal and installation, and provisions for maintenance. The Gty's Landscape Architect shall ensure compliance of said program. 24. The applicant shall comply with the following Gty programs: the Gty Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 25. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the Gty Engineer, for all required utility services. 26. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 27. All subdivision tracts shall annex into the existing Canyon Hills Homeowner's Association. r"' 28. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. AGENDA ITEM NO. 2/ PAGE 5r'{ OF q I CONDITIONS OF APPROV AI.. TENTATIVE TRACT MAP NO. 30493 PARDEE HOMES ( Continued) ~ 29. Pay all applicable fees including park fees. 30. The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 31. The applicant (master developer) shall prepare a Conununity- Wide Wall Plan for the entire Canyon Hills area. 32. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following: · Show that a masonry- or decorative block wall will be constructed along the entire tract boundary. · Show materials, colors, and heights of rear, side and front walls/fences for proposed lots. . Show that front return walls shall be decorative masonry- block walls. Front return wood fences shall not be permitted. . Show that side walls for comer lots shall be decorative masonry- block walls. ..." . Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. 34. The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and! or the association. Said plans shall be approved by the Gty and shall be installed in accordance with the Gty Standards. 35. The applicant shall meet all requirements of the providing electric utility company. 36. The applicant shall meet all requirements of the providing gas utility company. 37. The applicant shall meet all requirements of the providing telephone utility company. 38. A bond is required guaranteeing the removal of all trailers used during construction. 39. All signage shall be subject to Planning Division review and approval prior to installation. '-" AGENDA ITEM NO. a I PAGE f)j _OF 3-1 ~ ~ CONDITIONS OF APPROVAL TENTATIVE TRACf MAP NO. 30493 PARDEE HOMES ( Continued) 40. Any alterations to the topography, ground swface, or any other site preparation activity will require appropriate grading pennits. A Geologic Soils Report with associated reconunendations will be required for grading pennit approval, and all grading must meet the Oty's Grading Ordinance, subject to the approval of the Oty Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one year for erosion control landscaping at the time the site is rough graded. 41. The Oty's Noise Ordinance shall be met during all site preparation activity. Construction shall not conunence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. PRIOR TOISSUANCE OFCERTIFlCATE OF OCCUPANCY 42. The applicant shall restrict all construction traffic from using Lost Road, south of the project boundary. All construction traffic will access the project area from Canyon Hills Road. 43. Throughout construction, as deemed appropriate by the Oty and the applicant, fugitive dust suppression along Lost Road to minimize fugitive dust generation shall be applied. Fugitive dust suppression techniques may include soil watering, application of soil binders, and! or placement of gravel or other appropriate material to minimize vehicle generated dust. /""'" 44. Open space lots shall be retained by the applicant or dedicated to a Conservancy. Maintenance of these open space lots shall be the responsibility of either the Conservancy and! or HOA ENGINEERING DIVISION 45. Provide detention! desilting basin for the difference in storm runoff between the developed and undeveloped fhws caused by project. 46. Dedicate and improve full width of Hillside Drive. Street improvements shall be consistent with Canyon Hills Specific Plan. 47. Dedicate and improve full half-width of Canyon Hills Road. Street improvements shall be consistent with Canyon Hills Specific Plan. 48. Dedicate and improve full width of internal streets. Street improvements shall conform to Gty standards for local street cross sections. 49. No parking shall be allowed on project frontage of Canyon Hills and Hillside Drive. Applicant shall provide for 'No Parking' signage -for these streets on the street improvement plans. /""'" 50. Pay all Capital Improvement and Plan Cleck fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIP), encroachment permit fees and inspection fees associated with the project and its development. AGENDA ITEM No.J/'l PACE 5] OF.?::f CONDITIONS OF APPRO V AI.. TENTATIVE TRACT MAP NO. 30493 PARDEE HOMES ( Continued) ..., 51. Top of foundation shall be one-foot minimum above the 100 year flood elevation. 52. Desirable design grade for local streets should not exceed 9%. The maximum grade of 15% should only be used because of design constraints. 53. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ~ II x 11 II Mylar) shall be submitted to the Engineering Division before fmal inspection of public works improvements will be scheduled and approved. 54. The applicant shall install permanent bench marks in compliance with Lake Elsinore Municipal Code 16.32. 55. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and! or liquefaction zones present on-site. 56. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal G:>de (LEMq prior to final map approval. 57. Tentative Tract Map 30493 shall be subject to all applicable conditions of approval of Tentative Tract 23848 (Canyon Hills Development) and the approved Specific Plan. 58. Pay all Development and Plan Cl1eck fees (LEMC 16.34, Resolution 85-26). -..", 59. Submit a "Will Serve" letter to the Gty Engineering Department 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. 60. G:>mplywith road standards as set forth in the Canyon Hills Specific Plan. 61. All grading north of Canyon Hills and west of Hillside Drive shall be secured with long term erosion control measures including a maintenance plan. 62. Lettered lot A, B and C shall be owned and maintained by a homeowner's association. 63. The applicant shall construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the Gty Engineer prior to fmal map approval (LEMC 16.34). 64. Street improvement plans and specifications shall be prepared by a Calif. Registered Gvil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and GtyCodes (LEMC 12.04 and 16.34). 65. The applicant shall enter into an agreement with the Gty for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. ,...." AGENDA ITEM NO: ~.I PAGE 5''1 OF 5L1- ,...... CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 30493 PARDEE HOMES ( Continued) 66. Pay all fees and meet requirements of encroachment pennit issued by the Engineering Department for construction of public works improvements (LEMC 12.08 and Resolution 83- 78). 67. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ~" x 11" Mylar) shall be submitted to the Engineering Department before fmal inspection of public works improvements will be scheduled and approved. 68. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 69. 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. 70. Provide fire protection facilities as required in writing by Riverside County Fire. 71. Provide street lighting and show lighting improvements as part of street improvement plans as required by the Gty Engineer. /""' 72. The applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 73. The applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to fmal map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 74. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and! or discs which are compatible with Oty's ARC Infol GIS or developer to pay $300 per sheet for Oty digitizing. 75. All utilities except electrical over 12 kV shall be placed underground, as approved by the serving utility. 76. If grading exceeds 50 cubic yards, grading plans shall be prepared bya California Registered Ovil Engineer and approved prior to grading pennit issuance. Prior to any grading, the applicant shall obtain a grading pennit and post appropriate security. 77. The applicant shall provide soils, geology and seismic report including street design recommendations. The applicant shall also provide a final soils report showing compliance with recommendations. /""' 78. All grading shall be done under the supetvision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. AOENDA ITEM NQ..._ :l[ . PAGE-3.LV ~7-1 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 30493 PARDEE HOMES ( Continued) ...., 79. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 80. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the fmal map. A note should be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions" . 81. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the Gty Engineer. 82. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by Gty Engineer prior to approval of final map. The applicant shall mitigate any flooding and! or erosion caused by development of site and diversion of drainage. 83. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 84. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system; the wording and stencil shall be approved by the Gty Engineer. 85. lO-year storm runoff shall be contained within the curb and the lOO-year storm runoff shall be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities shall be installed. ...., 86. A drainage acceptance letter will be necessary from the downstream property owners for oudetting the proposed stormwater run-off on private property. 87. The applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 88. 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 set the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 89. "E" Street is on the inside of a CUlVe and will only be permitted when adequate sight distance is verified by a registered civil engineer. If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. '-'" AGENDA ITEM NO. - ~ I -~--~'- PAGE.-it"-OF_:q~-IL_ ,,-.. CONDITIONS OF APPROV AI.. TENTATIVE TRACT MAP NO. 30493 PARDEE HOMES ( Qmtinued) 90. The width and turning radii of private streets must be approved by Riverside County Fire Dept. prior to fInal map approval. The private streets must be wide enough with sufficient turning radii to acconunodate a city trash truck 91. Canyon Hills Road and Hillside Drive shall be improved as specified in the Canyon Hills Specific Plan Transportation Phasing Program except for the allowance of left turn lanes at intersections and! or driveways for safety prior to the first certificate of occupancy. 92. The applicant shall provide a homeowner's association with cx:&R's for maintenance of the open space. 93. The large open space lots adjacent to residential lots shall have areas designated as fuel modification zones for a firebreak to be maintained by a homeowner's association. 94. Applicant shall comply with a G.tltural Resources Mitigation Program prior to final map approval or grading permit (whichever occurs first). The program shall be based on site evaluations by qualified archaeologists and historians to establish significance of each site and a detailed plan for appropriate mitigation, subject to the approval of the Conununity Development Director. Compensation for disturbances to cultural resources shall be provided /"""' by a program to recover information from sites that shall be monitored by archaeologists. In the event significant historic material is discovered, it shall be removed before grading occurs. 95. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR.&R. Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. ,,-.. AGENDA ITEM NO.. ~l PAGE ,g7 OF l11 Tom T18dale Fife Chlel Prood1y servlllR the ~oratcJ arc.1.~ of Rivcr.,dc County and the Cities of: Bwming ,) Hc"umonr .0) CJ.limt:lXl <:. Call\'ulll...kc v l' oachcllo -:. 'A:sat r {ot Spntl;.!~ -:- 11ldiJJl Well..; (. Indio .;. LaJ..e f'l;ulUr~ <- l.aQlllnla '.' Moreno VlllIl:.'\' -:. J'~Ull L":~rt -:. I'lltns -> lbncho MIfll~': ',' ~all J.I\;mlo .,. r cll\~ulo Iltlord Ill' Sllrt"'''<Ir~ Ih" l)"<I~r. !)i'lrkl I '..hl\ TJ\axJi"nl.'. f)i'ln~J :. I;'" ~o:>l;lhl.:. OJ'tn.' , h'\ \\' ilS1,I'l \)\'ll"hl-l ,!4rl.m . \lilt!". n"m_'! . 11. .10 i\M K 1 V l.,V l' 1 Kr. r tit l'i\'\ !'tV. -:1U-:1-:1:l:lHIOO r. .1 K1 V .t.K~lU.l: CUUNTY FIRE DEPARTMENT In cooperation with the C3Iif~i:l Oq>artmcnt of Forestrv and Fire Protection <1080 lemon st.. Z FL. P O. 80x 1549, Riverside, Ca. 92502-1549. {909} 95S-47n' (909) 955-4686 Fire Protection Planning and Engineering SelVice Section / DATE: /1"Zo'o) RE:L~-TfL "30<{~ER: The Riverside County Fire Department requests an amended map with the following changes prior to issuance of letter of conditions: _ Show vicinity map with 2003 or later Thomas Brothers coordinates __ List all utility companies _ Driveway width not shownlincorrect minimum width _' _ Driveway grade not shown/incorrect maximum grade 15% _ Driveway swface not shown/incorrect, show asphalt or concrete '_ Driveway radius not shown/incorrect. Contact Fire Dept. for guideline handout _"~'__ Fire Dept. turnaround not shown/incorrect. Contact Fire Dept. for guideline handout _ Fire Dept. turnout not shown/incorrect. Contact Fire Dept. for guideline handout __ Occup. classification per 2001 CBC not shownlinCOrTCCt forbJdg(s) __"'___ Type construction per 2001 CBC not shown/incorrect for bldg(s) _ Show square footage per floor, mezzanines and total for building, for each building shown .___ Label all buildings as proposed or existing. Label existing building either to remain or to be removed _ Floor pJans and elevations needed for buildings _ _. Show all bus zones, loading, unloading zones, etc _ Show location and size in gallons for all above/underground fuel tanks. waste oil, LPG and chemical tanks. (If no tanks state on plans) . Medians must be setback 35 feet from face of curb and minimum 20 fect driving width each side of medium. AGENDA ITEM NO. .& I PAGES~-_OFE '/ NOV 20 '03 11:15 9099554886 PAGE. en --' --' I i I . I 1 I ~......., f I . I ~ . NVV-LU-Uj Inu II.jO fiM ,:~ " j', , I ;<'/:" .)' . ~". : ii' _ ' 'j.!"~-r \ .:tr :~tf, . __ Project will require water service from a public water supply .. , '.' fr,t ~ ~ Cul-de-sac length too long for High Fire Hazard area maximum length 660 feet !.! ;~~,~ I.~t~ C~O~ il.4ll ~- - J<.. - ~ 1 ~I~A(.S!;;~~; 1 _ Cul-de-sac exceeds maximum length of 1320 feet J . . _,: JiG:,."" J , ; r. II: .. 'll'f. ,. -""1/ . -;'~)'., . .~1~ ".{l . . . *.' . I ;:~':1: :-... ~~r~tt.~1~~'"~1~~..t .:1_ 0' .1. -;: ,... .:~ _ Gate width and/or type of gate not sho~ or i~;~."~~~ be a minim~ ! _ feet in width, automatic andfor manual with a Rapid EntIy System(s). Gat~:&< ~ must be setback 35 feet from face of curb/road right of way. (If no gates stat~ ~JJ.~~~. ' plans) ..,." ,'.', .J'~ '.' IU V \,V I'lIU. nil .,1 '_' I'fiA lW. ::JU::J::J:J:J'tOOO .4.'" ,. ~"i'" '~p',\:. .:' ~'; :~ ~t'::f~Jl'r': ",~: "':',,;. .' I, ''"'f . .. . J \ :. ."')~. ,. "...... " _ Cul-de-sac length too long for State Responsibility Afea maximum length 800 feet. ~ Primary and secondaJy access not shown/'mcorrect ~~ - {' I! _ Driveways must take their access from a public or privatestieet.'NbTan easement ',.!j\trj' \' :In, ~:...; .)- !. - -~ . _ Vehicular access required within 150 feet of any portion of any buildiQg as measured aJong approved vehicular travel ways. Access shall be a minimum 24 feet in width, asphalt or concrete surface " , . /"'""- _ State on plans if this is a "SHELL Bun.DING NO TENANf"= _ A Fire Protection Engineers Report shall be submitted for review and approval. prior to conditioning of the project. Fire flow Jetter was faxed/mailed on date: to Letter must be returned to fire Dept. prior to conditioning of project. '" Other t12.ou,J1€ 2j)1 (rILe D5Pr. A~s Ii> 17-1(: of EN sfJAe.E CvO/lv /Sl)o; ~ All question regarding these corrections contact the Fire Department Planning Section at 909-955-4777. "...... 3-6-03/emrn AGENDA ITEM NO.~ PAGE S1 OF!J-:l- ~ . NOV 20 '03 11:16 9099554886 PAGE. 04 rWY-ZU-Uj THU ll:j'f AM K1Y CU ~lKh r&l! H! NU. ~U~~))4tltlb r. ) 1:1/19/03 15: 4 9 Riverside County LMS CONDITIONS OF APPROVAL Page: 1 Library Conditions ......" 10. GENERAL CONDITIONS FIRE DEPARTMENT 10.FIRE.999 CASE - CITY CASE STATEMENT DRAFT With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: 10.FIRE.999 MAP-#50-BLUE DOT REFLECTORS DRAFT Blue retroreflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 10.FIRE.999 MAP*-#16-HYDRANT/SPACING DRAFT Schedule ~ fire protection approved standard firec hydrants, (6"x4"x2 1/2") located one at each street intersection and spaced no more than31c> feet apart in any direction, with no portion of any lot frontage more than l1o~ feet from a hydrant. Minimum fire flow shall be 'ODD GPM for 2 hour duration at 20 PSI. Shall include perimeter streets at each intersection and spaced 660 feet apart. ...,., lO.FIRE.999 MAP*-#14-COM/RES HYD/SPACING DRAFT Approved super fire hydrants, (6"x4Ilx2 1/2"X2 1/2") shall be located at each street intersection and spaced not more than ~~Cl feet apart ~'n an direction, with no porti.on of any lot frontage morekha feet from afire hydrant. {= 011.. sc..H-oo L+ f'i ~ I ~ . 50. PRIOR TO MAP RECORDATION FIRE DEPARTMENT 50.FIRE.999 MAP-#7-ECS-HAZ FIRE AREA DRAFT Ecs map must be stamped by the Riverside County Surveyor with the following note: The land division is located in the "Hazardous Fire Area" of Riverside County as shown on a map on file with the Clerk of the Board of Superviso:x:.s. Any building constructed on lots created by this land division shall comply with the special construction provisions ACENDAJTEMNQ.JL-- . PAGE .'0 0". <1. . ( ......" "-lIl1 I ?lil · lil~ 1 1 : 1 ~ q(ilClClr;;r;;<1~~j:, PAriI= _ ffi nuy-~u-U) lfiU 11.)0 rtM ~lV VV rl~t r~t rAA n~ ~UjjJJ~DDO r. 0 11/19/03 ....-...s;49 Riverside County I,MS CONDITIONS OF APPROVAL Page: 2 Library Conditions 50. PRIOR TO MAP RECORDATION SO.FIRE.999 MAP-#7-ECS-HAZ FIRE AREA (cont.) DRAFT contained in Riverside County Ordinance 787~ 50.FIRE.999 MAP*-#43-ECS-ROOFING MATERIAL DRAFT Ecs map must be stamped by the Riverside County Surveyor with the following note: All buildings shall be constructed with class "A" material as per the California Building Code. SO.FIRE.999 MAP-#004-ECS-FUEL MODIFICATION DRAFT ,,-.... ECS map must be stamped by the Riverside County Surveyor with the following note: Prior to the issuance of a grading permit, the developer shall prepare and submit to the fire department for approval a fire protection/vegetation management that should include but not limited to the following items: a) Fuel modification to reduce fire loading. b) Appropriate fire breaks according to fuel load, slope and terrain. c) Non flammable walls along common boundaries between rear yards and open space. d) Emergency vehicle access into open space areas shall be provided at intervals not to exceed 1500'. e) "A homeowner's association or appropriate district shall be responsible for maintenance of all fire protection measures within the open space areas. ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE DEPARTMENT FUEL MODIFICATION REQUIREMENT, SHALL HAVE CONCURRENCE WITH THE RESPONSIBLE WILDLIFE AND/OR OTHER CONSERVATION AGENCY. 50.FIRE.999 MAP-#46-WATER PLANS DRAFT The applicant or developer shall furnish one copy o~ the water system plans to the Fire Department f0r re'Vi~w. Plans shall be signed by a registered civil engineer,. containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. SO.FIRE.999 MAP-#6-ECS WATER CERTIFICATION DRAFT .~ Ees map msut be stamped by the Riverside County Surveyor with the following note: The applicant or developer shall ACENDA ITEM NO. .. ~I PAceJtkZ_oF1 -, NOU 20 '03 11:17 90$9554886 PAGE. 06 aUY-LV-V) IllU 11.)0 rtm ~IY VV rlAe r~e ,~ r rtA I'tV. ::JV:l::JJJ'tOOO r. / 11/19/03 15:49 Riverside County LMS CONDITIONS OF APPROVAL Page: 3 Library Conditions '--' SO. PRIOR TO MAP RECORDATION 50.FIRE.999 MAP-#6-ECS WATER CERTIFICATION (cont.) DRAFT provde written cerificationfrom the appropria't,e water company that the required fire hydrants are either existing or that financial arrangements have been made to provide them. 50.FIRE.999 MAP-#47-SECONDARY ACCESS DRAFT In the interest of Public Safety, the project shall provide an Alternate or Secondary Access(s) as stated in the Transportation Deparment Conditions. SaidAlternateor Secondary Access(s) shall have concurrence and approval of both the Transportation Department and the Riverside County Fire Department. 60. PRIOR TO GRADING PRMT ISSUANCE FIRE DEPARTMENT 60.FIRE.999 MAP-#004 FUEL MODIFICATION DRAFT ......" Prior to the issuance of a grading permit, the developer shall prepare and submit to the fire department for approval a fire protection/vegetation management that should include but not limited to the following items: a) fuel modification to reduce fire loading b) appropriate fire breaks according to fuel load, slope and terrain. c) non flammable walls along common boundaries between rear yards and open space. d) emergency vehicle access into open space areas shall be provided at intervals not to exceed 1500 feet e) a homeowner's association or appropriate district shall be responsible for maintenance of all fire protection measures within open space areas. ANY HABITAT CONSERVATION ISSUE AFFECTING THE FI~E DEPARTMENT FUEL MODIFICATION REQUIREMENT, SHALVHAVE CONCURRENCE WITH THE RESPONBILE WILDLIFE AND/OR'OTHER CONSERVATION AGENCY. '--' AGENDAltEM NO..~. PAGEJt:za=OF ..!:LI-- NnlJ ?Cl '(;l~ 11:1i=l Ol::tClClC;:<:;:AOQ/: por.c C1'7 nVI L.U-UJ lfiV 11.JJ t\lVl 1\IY IJV rll\C C(I(C W'.UIr I vi r itA llV._... :.:l_l,1:t;:t_~.::>t99.Q. .__.. r. 0 n!19/03 ~:19 Riverside County LMS CONDITIONS OF APPROVAL Page: 4 Library Conditions 80. PRIOR TO BLDG PRMT ISSUANCE FIRE DEPARTMENT 80.FIRE.999 MAP-#50C-TRACT WATER VERI FICA DRAFT The required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Riverside County Fire Department to inspect the required fire flow, street signs, all weather surface, and all access and/or secondary. Approved water plans must be a the job site. 80.FIRE.999 MAP - SECONDARY/ALTER ACCESS DRAFT "..... . In the interest of Public Safety, the project shall provide An Alternate or Secondary Access(s) as stated in the Transportation Department conditions. Said Alternate or Secondary Access(s) shall have concurrence and approval of both the Transportation Department and the Riv~rside County Fire Department. Alternate and/or secondary Access(s) sh~ll be completed and inspected per the approved plans. ,,-.. ACENDA lTEM NO., ~l~ PACE1td-O~ NOV 20 '03 11: 18 9099554886 PAGE. 08 CONDITIONS OF AFPROV M. TENTATIVE TRACf MAP NO. 31706 PARDEE HOMES '-'" PLANNING DIVISION GENERAL 1. Tentative Tract Map No. 31706 will expire two years from date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the Gty of Lake Elsinore Gty Council in accordance with the Subdivision Map Act. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per GtyCouncil approval. 2. Tentative Tract Map No. 31706 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMq, unless modified by approved Conditions of Approval. 3. Future development shall comply with those standards and guidelines contained in the Residential Element, CommerciaVInstitutional Element, Public Facilities and Services Element, Resources Management Element, Grculation Element, Zoning Element, and Community Wide Implementation Element as contained in the Canyon Hills Specific Plan document. 4. Tentative Tract Map No. 31706 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Canyon Hills Specific Plan document and the Lake """"" Elsinore Municipal Code (LEMq, unless modified by approved Conditions of Approval. 5. Future development shall comply with those requirements and provisions contained in the Canyon Hills Development Agreement; 2004 Funding, Construction, and Acquisition Agreement, and Community Facilities District (CFD) No. 2003-02. 6. The applicant shall participate in the Cty of Lake Elsinore Gtywide Landscaping and Street Lighting District, as appropriate. 7. The applicant shall provide all project-related onsite and offsite improvements as described in the Canyon Hills Specific document and Tentative Tract Map No. 31706. 8. The applicant shall implement those mitigation measures identified in the 1989 Final Canyon Hills Specific Plan EIRand the 2003 Addendum to the Final Canyon Hills Specific Plan EIR 9. All future proposals shall be reviewed by the Cty on a project-by-project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 10. Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department (see attached comments from the Fire Department dated January 7,2004). "'" AGENDA ITEM NO. ffil PAGE ,~!I' OF -9-L- "....... CONDITIONS OF APPROVAL TENTATIVE TRACf MAP NO. 31706 PARDEE HOMES ( Qmtinued) 11. The applicant shall defend (with counsel acceptable to the Gt)?, indemnify, and hold harmless the Gty, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the Gty, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the Gty, its advisory- agencies, appeal boards, or legislative body concerning implementation and construction of the Canyon Hills Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and! or 66499.37, and Public Resources Code Section 21167. The Gty will prompdy notify the applicant of any such claim, action, or proceeding against the Gty and will cooperate fully with the defense. PRIOR TO FINAL TRAcr MAP 12. All lots shall comply with minimum standards contained in the Canyon Hills Specific Plan. 13. A precise survey with closures for boundaries and all lots shall be provided per the LEMC 14. Street names within the subdivision shall be approved by the Community Development Director or Designee. ~ 15. All of the improvements shall be designed by the applicant's Gvil Engineer to the specifications of the Gty of Lake Elsinore. 16. The applicant shall comply with all conditions of the Riverside County Fire Department. 17. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). PRIOR TO DESIGN REVIEW APPROVAL 18. All future structural development associated with this map requires separate Design Review approval. 19. Prior to Design Review approval, the applicant shall show the following: . Prepare Conceptual Landscape Plan for Model Home Complex which describes species, size, and location of trees, shrubs, groundcover, hardscape, etc. to be provided. . Show that architectural treatments and articulation will be provided along all elevations, not only the front elevations. At a minimum, foam surrounds will be provided around all windows located along the side and rear elevations. ~ . Those side and rear elevations that are within the public view will be provided with additional architectural enhancements and articulations. AGENDA ITEM NO. -3:/_- PAGE .1; g OF.9 1 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31706 PARDEE HOMES ( Gmtinued) ~ · Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. · All front return walls shall be constructed of decorative masonry concrete block Wooden front returns are not allowed. · Perimeter walls around the subdivision shall be of decorative masonry concrete block 20. Design for all, drainage basins proposed with Tentative Tract Map No. 31706 shall be approved by the Gty Engineering Manager and Community Development Director or designee. Security fencing shall also be shown. Gain-link fencing is prohibited. PRIOR TO BUILDING PERMIT/GRADING PERMITS 21. Prior to issuance of any grading permit and! or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 22. The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. ......" 23. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved by the Fire Department for future phases. Said Plan and Program shall show those special treatments necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable vegetation and shall describe the method of removal and installation, and provisions for maintenance. The Gty's Landscape Architect shall be ensure compliance with said program. 24. The applicant shall comply with the following Gty programs: the Gty Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 25. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-selVe letter) to the Gty Engineer, for all required utility services. 26. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 27. All subdivision tracts shall annex into the existing Canyon Hills Homeowner's Association. 28. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. ....." ACENDA ITEMNO. . -~f PACE_ftN)~ OF --Cf:-!- ~ CONDITIONS OF APPROVAL TENTATIVE TRACf MAP NO. 31706 PARDEE HOMES ( Continued) 29. Pay all applicable fees including park fees. 30. The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 31. The applicant (master developer) shall prepare a Community- Wide Wall Plan for the entire Canyon Hills area. 32. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following: . Show that a masonry or decorative block wall will be constructed along the entire tract boundary. . Show materials, colors, and heights of rear, side and front walls/fences for proposed lots. . Show that front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. /"""' . Show that side walls for comer lots shall be decorative masonry block walls. . Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. 33. The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and! or the association. Said plans shall be approved by the Gty and shall be installed in accordance with the Gty Standards. 34. The applicant shall meet all requirements of the providing electric utility company. 35. The applicant shall meet all requirements of the providing gas utilitycompany. 36. The applicant shall meet all requirements of the providing telephone utility company. 37. A bond is required guaranteeing the removal of all trailers used during construction. 38. All signage shall be subject to Planning Division review and approval prior to installation. /"""' ACENDA ITEM NO. -J" I PACEJi,7_0F q-, CONDITIONS OF APPROV AI. TENTATIVE TRAct MAP NO. 31706 PARDEE HOMES ( Continued) ....", 39. Any alterations to the topography, ground surlace, or any other site preparation activity will require appropriate grading pennits. A Geologic Soils Report with associated recommendations will be required for grading pennit approval, and all grading must meet the Gty's Grading Ordinance, subject to the approval of the Gty Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Interim and pennanent erosion control measures are required. The applicant shall bond 100% for material and labor for one year for erosion control landscaping at the time the site is rough graded. 40. The Gty's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. PRIOR TOISSUANCE OF CERTIFICATE OF OCCUPANCY 41. The applicant shall restrict all construction traffic from using Lost Road, south of the project boundary. All construction traffic will access the project area from Canyon Hills Road. 42. Throughout construction, as deemed appropriate by the Gty and the applicant, fugitive dust suppression along Lost Road to minimize fugitive dust generation shall be applied. Fugitive dust suppression techniques may include soil watering, application of soil binders, and! or placement of gravel or other appropriate material to minimize vehicle generated dust. ~ 43. Open space lots shall be retained by the applicant or dedicated to a Conservancy. Maintenance of these open space lots shall be the responsibility of either the Conservancy and! or HOA ENGINEERING DIVISION 44. Dedicate full width right-of-way and construct full width roadway improvements for Hillside Drive. Improvements and dedications shall be consistent with the Canyon Hills Specific Plan. 45. Hillside Drive and Lot 'K' shall become a private road as noted on the tentative map. The private road network shall begin at and include the turn-around feature. 46. All private roads shall be constructed to be consistent with the Canyon Hills Specific Plan. 47. Dedicate and improve full width of internal streets. Street improvements shall conform to Gty standards for local street cross sections. 48. All private roads shall be maintained byan association or private maintenance district. 49. Provide access capabilities for emergency vehicles through the gated entrance. 50. Provide detention! desiltation basin designed to detain the increase in stormwater run-off volume resulting from the development. ....", ACENDA ITEM NO. &~ I PAC[.~JoL OF!L f ,...., CONDITIONS OF APPROVAL TENTATIVE TRACf MAP NO. 31706 PARDEE HOMES ( Continued) 51. Grading on adjacent property shall require a "notarized pennission to grade" letter from the affected property owner. 52. All slopes, cut or fill, shall comply with UBC requirements for setback from adjacent property lines. 53. Diversion of stormwater flows shall not be allowed. 54. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMq prior to final map approval. 55. Underground water rights shall be dedicated to the Gty pursuant to the provisions of Section 16.52.030 (LEMq, and consistent with the Oty's agreement with the Elsinore Valley Municipal Water District. 56. Pay all Capital Improvement and Plan Cl1eck fees (LEMC 16.34, Resolution 85-26). 57. Submit a "Will Serve" letter to the Oty 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. ,..-.. 58. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the Gty Engineer prior to final map approval (LEMC 16.34). 59. Street improvement plans and specifications shall be prepared by a Calif. Registered Gvil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and GtyCodes (LEMC 12.04 and 16.34). 60. Applicant shall enter into an agreement with the Gty for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 61. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 62. Desirable design grade for local streets should not exceed 9%. The maximum grade of 15% should only be used because of design constraints. 63. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 %. 64. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). ,...., 65. All compaction reports, grade certifications, monwnent certifications (with tie notes delineated on 8 ~" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. ACENDAITEM NO. -'iv/_ PACE rncp OF q I CONDITIONS OF APPROVAL TENTATIVE TRACf MAP NO. 31706 PARDEE HOMES ( Continued) ......, 66. Applicant shall install permanent sUlVey monuments in compliance with the Otis Municipal Code. 67. Applicant shall obtain all necesscuy off-site easements for off-site grading from the adjacent property owners prior to final map approval. 68. 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. 69. Provide fire protection facilities as required in writing by Riverside County Fire. 70. Provide street lighting and show lighting improvements as part of street improvement plans as required by the Oty Engineer. 71. Applicant shall annex to the Otis Street Lighting and landscaping Maintenance District. 72. Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 73. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. TIlls includes No Parking and Street Sweeping Signs for streets within the tract. ......, 74. All improvement plans and tract maps shall be digitized. .At Certificate of Occupancy applicant shall submit tapes and! or discs which are compatible with Otis ARC Info/ GIS or developer to pay $300 per sheet for Oty digitizing. 75. All utilities except electrical over 12 kv shall be placed underground, as approved by the servmg utility. 76. Apply and obtain a grading pennit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Ovil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as detennined by the Gty 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. 77. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 78. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and! or liquefaction zones present on-site. ~ AGENDA ITEM NQ. 8v 1 PAGE 70 OF CfL """" CONDITIONS OF APPROV AI.. TENTATIVE TRACt MAP NO. 31706 PARDEE HOMES ( Continued) 79. All grading shall be done under the supervision of a geotechnical engineer and shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 80. Prior to commencement of grading operations, applicant to provide to the Gty with a map of all proposed haul routes to be used for movement of export material Such routes shall be subject to the review and approval of the Gty Engineer. 81. Applicant to provide to the Gtya photographic baseline record of the condition of all proposed public Gty haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the Gty Engineer. 82. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 83. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions" . ~ 84. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed bya method approved by the Gty Engineer. 85. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 86. Meet all requirements of LEMC 15.68 regarding floodplain management. 87. The applicant to provide FEMA elevation certificates prior to certificate of occupancies. 88. Site development along the lake perimeter will require special grading and flood proofing requirements (LEMC 15). 89. Submit Hydrology and Hydraulic Reports for review and approval by Gty Engineer and the Riverside County Flood Control District prior to approval of final map. Applicant shall mitigate anyflooding and! or erosion caused by development of site and diversion of drainage. 90. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 91. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the Gty Engineer. r-- 92. Roof and yard drains will not be allowed to oudet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. ACENDA ITEM NO. PAGE ..1 j Jvl . OF_9 .L CONDITIONS OF APPROVAL TENTATIVE TRACf MAP NO. 31706 PARDEE HOMES ( Continued) ....., 93. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 94. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed storm water run-off on private property. 95. Applicant shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 96. Provide Tract Phasing Plan for the Gty Engineer's approval. Bond public improvements for each Phase as approved by the Gty Engineer. 97. Developer shall agree to participate in and join a Mello Roos Community Facilities District (CJ1D) for infrastructure improvements and operation. 98. Up-slope maintenance along right-of-ways shall be maintained by the city's lighting and landscaping maintenance assessment district or a homeowner's association. 99. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. ....., 100. 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. 101. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 102. 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. 103. Applicant shall provide fIrst flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. ......, AGENDA \TE~tlfl.- is, PAGE-> 1();g OF..:1--l-- ~ CONDITIONS OF APPROVAL TENTATIVE TRACf MAP NO. 31706 PARDEE HOMES ( Continued) 104. Intersection site distance shall meet the design criteria of the CAL1RANS Design Manual (particular attention should be taken for intersections on the inside of cmves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 105. Intersecting streets on the inside radius of a cmve will only be permitted when adequate sight distance is verified by a registered civil engineer. 106. Local streets shall have sixty (60) ft. right-of -way with forty (40) ft. curb-to-curb. Restricted local streets (cul-de-sacs) shall have fifty (50) ft. right-of-way with thirty-six (36) ft. curb-to-curb and a three (3) ft. utility easement on each side. 107. Restricted local interior double- loaded streets shall not have less than a 50 ft. Right-of-way with 36 ft. Curb-to-curb and a 3 ft. utility easement on each side of the street. Single- loaded local streets shall not have less than a 45 ft. right-of-way with a 3 ft. utility easement and 36 ft. curb-to-curb. 108. No residential lot shall front and access shall be restricted on Hillside Drive and so noted on the fmal map. /""", 109. All parcels shall have direct access to public right-of-way or be provided with a minimum 30- foot ingress and egress easement to public right-of-way by separate instrument or through map recordation. 110. Upon demonstration to the Gtythat an adjacent property owner is unable to gain reasonable access to an adjacent parcel (considering available option along the entire boundary- of the parceQ, Gty shall inform applicant and applicant agrees to take proactive measures to establish adequate access to accommodate the adjacent parcel. Alternatively, the Gty may require that Applicant offer an easement for necessary- ingress and egress solely to address the needs of the adjacent parcel. The conveyance of any easement pursuant to this condition shall not conflict with designated uses of property including any and all conservation, open space or mitigation use of property: 111. Applicant shall provide access to adjacent properties needing access through this development by public right-of-way or access easement based on a reasonable accessibility determination to the satisfaction of the Gty. 112. If right-of-way is abandoned as part of this development, then adjacent property affected by the abandonments must still have access to public maintained right-of-way. 113. The final map shall show the abandonment of dedications of public right-of-way or easements by appropriate certifications on the map. ~ AGENDA ITEM NO. fA 1 PAGE.J3-oF_q t~ CONDITIONS OF APPROVAL TENTATIVE TRACf MAP NO. 31706 PARDEE HOMES ( Continued) "-'" 114. Applicant shall record CC&R's for the tract prohibiting on-street storage of boats, motorhomes, trailer, and trucks over one-ton capacity, roof mounted or front yard microwave satellite antennas. The ex::; & R's shall be approved by the Community Development Director prior to recordation of final map. 115. Applicant shall cause to be recorded a CC&R's with recordation of final map which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the Director of Community Development and the Oty Attorney. The a::.& R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 116. Applicant shall provide a homeowner's association with CC&R's for maintenance of the open space. 117. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way will be owned and maintained by either a home owner's association or private property owner. 118. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval. 119. If the aD has not been fonned at building pennit, then the developer shall enter into an agreement with the Oty to mitigate drainage impacts by payment of a Drainage Mitigation fee. Per recommendations of the Master Drainage Plan developed by Ram for the West End, the developer shall deposit $4000 per acre. If a Drainage Assessment District is formed in the West End and that drainage fee is lower than the present fee, a partial refund will be returned. "-'" 120. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recyt:ling centers. The applicant should contract with CR.&R. Inc. for recyt:ling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR.&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R. Inc. for recyt:ling services and the recyt:ling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recyt:ling center, including verification of tonnage by certified weigh master tickets. 121. Applicant shall provide funding for the re-appropriation calculations of the assessment due to the increase in lots in the assessment district. 122. In accordance with the Otis Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with rn&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. ....", ACENDA ITEM NO. :J:, I PAGE 71}' 0.. q-; Tom TISdale FItI Chief Proudly scrvinll rhc wUncorpotlll<J "ro,~ of Ri\;~T:.lde Count\' and th~ Cilk::l of. &1lJ'l1n~ . ,~ HC:lUmonl y CJlint.:s.:l ... C"Il~un ! "k,' .:. L'o:tchcllu V D.:st."l'l Hot Sp1111:,!S .. hlJ"1Il \Velb )D.lJ.IO \ .Il E!su:oT<': <. /...at.)UlIllJi .;. Moreno Vnlk\ ,;, Palm Dc::<<:rt ... P~ms . '.' Rancho MlT(I~': '.' S:m .r.1rj III () .,. fcmcclJlil ill'flrcl nt' Sll,,~n',~,,1"I l'tIlU J.u~rM ~jV VV rl~r. rNIl rnA fiV. ~U~~JJ~OOO K1 V J::K~llJE'"'CtJ'1Jm'y FIRE DEPARTMENT In cooperation with the C3Iif~mi3 Department of Forestr\' and Fire Protection 4080 Lemon St., Z'" FL. PO, Box 1549, Riverside, Ca, 92502-1549. (909) 955-47n' (gOO) 955-4886 Fire Protection Planning and Engineering Ser;ice Section r, j DATE: /- 7.oC( RE:l~-TL:!>'ID<p'LANNER: Tbe Riverside County Fire Department requests an amended map with the following changes prior to issuance of letter of conditions: - Show vicinity map with 2003 or later Thomas Brothers coordinates _~ List all utility companies -',_ Driveway width not shownlincorrect minimum width'---,--.' - Driveway grade not shown/incorrect maximum grade 15% -- Driveway surface not shownlincorrect, show asphalt or concrete - -, - Driveway radius not shown/incorrect. Contact Fire Dept. fotgtiideline handout .- Fire Dept. turnaround not shownlincorrect Contact Fire Dept. for guideline haIldoUI ,-- Fire Dept, turnout not shown/incorrect. Contact Fire Dept. for guideline handout -,___ Occup, classification per 2001 CBe not Shownlincorrectforbldg(s) - Type construction per 2001 CBC not shown/incorrect for bldg(s) - Show square fOOlage per floor, mezzanines and total for building, for each building shown -.- ... Label aU buildings as proposed or existing. Label existing building either to remain or to be removed _'_ Floor plans and elevations needed fOf buildings l)"" B<I~1cr, _._ _ Show all bus zones, loading, unl~adjng zones, ete !)i'ln,,! I 1.+.\ T"'"~fi\,"< _ Show location and size in gallons for all above/underground fuel tanks, waste oil, l)",O';' ~ LPG and chemical tanks. (If no tanks state on plans) Jim l,oCll;Jhl'::l Oikl'h;! t Medians must be setback 35 feet ftom face of curb and minimum 20 feet driving It,', \I'lls~n. width each side of medium. O..il1.1 ,1 /""" II . \',hk', In"ln,. . - ACENDA ITE.M. N.O -.----U-. PACE-:'l5_0F S-I-- 9099554686 PAGE. 03 JAN 07 '04 16:40 ... - I I j I J ! t 2 Jf\1l- I-Ui lYJHI ..J. U~ }~. 1\ 1 V W r IIU, r 1:l1!. r. '1 - Vehicular access required within ] 50 (eet of any PO~o!1 ~ any b!illding as .:, measured along approved vehicular travel ways. AcceSs shall bea mininnuri2ffeet in width, asphalt or concrete surface ",J".. ,.." " . '.,fn. t - Stale on plans if this is a "SHELL BUlLDING NO TENA.N"f"= ~i~,,:~ ; ~:(..,: ,~':': ..... .1.... . - A Fire Protection Engineers Report shall be submitted for review and approval, prior to conditioning of the project. "! , , .. \~ . ~ .r: , ' "-'" , . 'r Fire flow letter was faxed/mailed on date: to Letter must be returned to fire Dept. prior to conditioning of pr()jeci. ;'; .~. '/' . .. \; . . t~ ,I.:; ., Other , -. '" ~': : " :", ...., til;' . . An question regarding these corrections contact the Fire Department Planning Section at 909-955-4777.' " !. . ..... .t~ ,'~ \'1. -;,.( 3-6-03/emm "..tlO~:EU-.1 ..... ENO~'1E~.. .,,' ..f- AG . . . :ql/). I O. PA9E~ 1"-'" TOM 01'7 '01,1 11::~Al/l O~~A~ n^,....,- nA Jrtn- ,-v, ncu J.~' 1M al' ~v flae [~C l'rtA ltv. JVJJJJ'tuuu 01/07/04 "..-07: 29 Riverside CountyLMS CONDITIONS OF APPROVAL Llibrary Conditions (e- 7tt S/)()b 10. GENERAL CONDITIONS FIRE DEPARTMENT 10.FIRE.999 CASE - CITY CASE STATEMENT With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: lO.FIRE.999 MAP-#50-BLUE DOT REFLECTORS Blue retroreflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement o[ markers must be approved by the Riverside County Fire Department. JO.FIRE.999 MAP*-#16-HYDRANT/SPACING ",--.. Schedule ~ fire protection approved standard fire hydrants, (6"x4"x2 1/2") located one at each street intersection and spaced no more than ~1o.fe~et 'apart in any direction, with no portion of any~frontage more than ~~ feet from a hydrant. Minimum fire flow shall be J D()() GPM for 2 hour duration at 20 PSI. Shall include perimeter streets at each intersection and spaced 660 feet apart. so. PRIOR TO MAP RECORDATION FIRE DEPARTMENT SO.FIRE.999 MAP-#7-ECS-HAZ FIRE AREA Ecs map must be stamped by the Riverside County Surveyor with the following note: The land division is located in the "Hazardous Fire Area" of Riverside County as shown on a map on file with the Clerk of the Board of Supervisors; Any building constructed on lots created by this land div:isiQn shall comply with the special construction provisions contained in Riverside County Ordinance 787. SO.FIRE.999 MAP*-#43-ECS-ROOFING MATERIAL "..- Foe:!'; map must be stamped by the Riverside County .$uX'veyor with the following note: All buildings shall be const.ructed with class "A" material as per the California 1.' . AGENDA'TEM NO.~ PAGf..3 -; OF q JAN 07 '04 16:41 9099554886 PAGE. 05 1. J Page: 1 DRAFT DRAFT DRAFT DRAFT DRAFT . - ... v . ....... I VI. '1"'" ""'VI. ...... ."..,........ ...w .. ...... ...v. \JV>J'tJ..J..J ",\,IVV 01(07/04 07:29 Riverside County LMS CONDITIONS OF APPROVAL Page: 2 Library Conditions .-..." (6- 77Z5 //IJ(, 50. PRIOR TO MAP RECORDATION 50.FIRE.999 MAP*-#43-ECS-ROOFING MATERIAL (cont.) DRAFT Building Code. 50.FIRE.999 MAP-#004-ECS-FUEL MODIFICATION DRAFT ECSmap must be stamped by the Riverside County $urveyor with the following note: Prior to the issuance of a gTading permit, the developer shall prepare and submit to the fire department for approval a fire protection/vegetation management that sbouldinclude but not limited to the following items: a) Fuel modification to reduce fire loading. b) Appropriate fire breaks according to fuel load, slope and terrain. c) Non flammable walls along common boundaries between rear yards and open space. d) Emergency vehicle access into open space areas shall be provided at intervals not to exceed 1500'. e) A homeowner's association or appropriate district.~,h~Jlp~, responsible for maintenance of all fire protection measures within the open space areas. ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE DEPARTMENT FUEL MODIFICATION REQUIREMENT, SHALL HAVE-: CONCURRENCE WITH THE RESPONSIBLE WILDI,IFEANDjOR ,OTHER CONSERVATION AGENCY. ....,; SO.FIRE.999 MAP-#46-WATER PLANS DRAFT The applicant or developer shall furnish one copy of the water system plans to the Fire Department for review.' Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, sp&cing.ar;t9, minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Pire Department for signature. SO.FIRE.999 MAP-#53-ECS-WTR PRIOR/COMBUS DRAFT Ecs map must be stamped by the Riverside County Surveyor with the following note: The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. -..." AGENDAITEMt{O.."~ ( PACE '7'1, OF q I JAN 07 '04 16:42 9099554886 PAGE_06 Jno I~U' nllU J.UJ 1m ai' ~v rlall I~C rftA fi~ jUjjJJ,OOO r. ( ... 01/07/04 ,,07: 29 Riverside County LMS CONDITIONS OF APPROVAL Page: 3 Library Conditions '- ~ ~ T/l '3 /7oCo 50. PRIOR TO MAP RECORDATION 50.FI~E.999 MAP-#47-SECONDARY ACCESS DRAFT In the interest of Public Safety, the project $hall provide riD Alternate or Secondary Access(s) as stated in the' , 'rransportation Deparment Conditions. Said Alternate or Secondary Access(s} shall have concurrence and approval of both the Transportation Department and the Riverside County Fire Department. 80. PRIOR TO BLDG PRMT ISSUANCE FIRE DEPARTMENT 80.FIRE.999 MAP-#50C-TRACT WATER VERIFlCA DRAFT ----- The required water system, including all fire hyctrant(s}, shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department.prio.r to aIlY combustible building material placed on an individual loL. Contact the Riverside County Fire Department to inspect the required fire flow, street signs, all weather surface, and all access and/or secondary. Approved water plans must be a the job site. 80.FIRE.999 MAP - SECONDARY/ALTER ACCESS DRAFT Tn the interest of Public Safety, the project shall provide An Alternate or Secondary Access(s) as stated in the 'r~ansportation Department conditions. Said Alternate or Secondary Access(s) shall have concurrence and approval of both the 'l'ransportation Department and the iRiversideCounty Pire Department. Alternate and/or Secondary Access(s) shall be completed and inspected per the approve<,i plan~.. ,..... ACENDA ITEMNO.~I€pr PAGE:J3--0F ' - JAN 07 '04 16:42 9099554886 PAGE. 07 RESOLUTION NO. 2004- ARESOLUfION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE OTY COUNOL OF LAKE ELSINORE APPROVAL OF TENT ATIVE TRACT MAP NO. 30493 WHICH SUBDIVIDES APPROXIMATELY 1,075 ACRES OF THE CANYON HILLS SPECIFIC PLAN AREA INTO 444 TOTAL LOTS '-'" WHEREAS, Pardee Homes has submitted an application for Tentative Tract Map No. 30493, which subdivides approximately 1,075 acres of the Canyon Hills Specific Plan area into 444 total lots, including 395 single-family detached residential lots; four large lots for future single-family detached residential uses; one large lot for future condominiums; one lot for an elementary schoo4 one lot for a community park; 18 lettered HOA lots for drainage facilities and slopes; three lots for open space; and 21 lettered lots for public streets. The Canyon Hills Specific Plan area is located within the eastern boundaries of the Gtyof Lake Elsinore, east of the 1-15 Freeway. Direct access to the area is from the 1-15 Freeway to Railroad Canyon Road, which crosses the northwest comer of the Specific Plan area. Canyon Hills Road connects with Railroad Canyon Road and the property from west to east. Lost Road is constructed onsite and connects off of Canyon Hills Road in the north to south direction. The TIM No. 30493 area is located at the northeast comer of Canyon Hills Road and Hillside Drive; WHEREAS, the Planning Commission of the Gty of Lake Elsinore has been delegated with the responsibility of making recommendations to the Gty Council pertaining to subdivision of land; and WHEREAS, public notice of said application 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 April 20, 2004. NOWTI-IEREFORE, the Planning Commission of the GtyofLake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed subdivision, Tentative Tract Map No. 30493, prior to making a decision to recommend that the Gty Council approve the proposed subdivision. The Planning Commission finds and determines that the Addendum to the Final Canyon Hills Specific Plan EIR is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of TIM No. 30493. SECTION 2. That in accordance with State of California Subdivision Map Act and requirements of the Gty of Lake Elsinore the following fmdings for the approval of Tentative Tract Map No. 30493 have been made as follows: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the GtyGeneral Plan and Canyon Hills Specific Plan; TItle 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is consistent with the designated land use planning areas, development and design standards, and all other appropriate requirements contained in the Canyon Hills Specific Plan, General Plan, Gty Municipal Code, and Subdivision Map Act. ....., AGENDA ITEM NO. ~l PAGf:JO_C. -1{ RESOLUTION NO. 2004- PAGE 2 .,..... 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan. 3. The effects this proposed 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 project is consistent with the Oty's General Plan and Canyon Hills Specific Plan, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 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 project will comply with all appropriate conservation requirements of the Oty and Uniform Building Code. NOW, 1HEREFORE, based on the above findings, the Planning Commission of the OtyofLake Elsinore DOES HEREBY RECDMMEND that the Gty Council of the Oty of Lake Elsinore approve r- Tentative Tract Map No. 30493. Ron LaPere, Olairman Lake Elsinore Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on April 20, 2004 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATIEST: Robert A Brady, Secretary to the r- Planning Commission AGENDA ITEM NOJJ-~ PAGE ';Ilt OF _q ( RESOLUTION NO. 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE OTY COUNOL OF LAKE ELSINORE APPROV AI.. OF TENTATIVE TRACt MAP NO. 3V06 WHIOi SUBDIVIDES APPROXIMATELY 135 ACRES OF THE CANYON HILLS SPEOFIC PLAN AREA INTO 292 TOT AI.. LOTS ~ WHEREAS, Pardee Homes has submitted an application for Tentative Tract Map No. 31706, which subdivides approximately 135 acres of the Canyon Hills Specific Plan area into 292 total lots, including 255 single- fami1ydetached residential lots; 18 lettered HOA lots for drainage facilities and slopes; three lots for open space; 15 lettered lots for public streets; and one lot for future water tank. The Canyon Hills Specific Plan area is located within the eastern boundaries of the Gtyof Lake Elsinore, east of the 1- 15 Freeway. Direct access to the area is from the 1-15 Freeway to Railroad Canyon Road, which crosses the northwest comer of the Specific Plan area. Canyon Hills Road connects with Railroad Canyon Road and the property from west to east. Lost Road is constructed onsite and connects off of Canyon Hills Road in the north to south direction. The TIM No. 31706 area is located within one of the lots created within Tentative Tract Map No. 30493 and is immediately to the north. The site is accessed by Hillside Drive; WHEREAS, the Planning Commission of the Gtyof Lake Elsinore has been delegated with the responsibility of making recommendations to the Gty Council pertaining to subdivision of land; and WHEREAS, public notice of said application 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 April 20, 2004. NOW1HEREFORE, the Planning Commission of the Gtyof Lake Elsinore DOES HEREBY RESOLVE as follows: SECtION 1. The Planning Commission has considered the proposed subdivision, Tentative Tract Map No. 31706, prior to making a decision to recommend that the Gty Council approve the proposed subdivision. The Planning Commission fmds and determines that the Addendum to the Final Canyon Hills Specific Plan EIR is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of TIM No. 31706. SECtION 2. That in accordance with State of California Subdivision Map Act and requirements of the Gtyof Lake Elsinore the following fmdings for the approval of Tentative Tract Map No. 31706 have been made as follows: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the GtyGeneral Plan and Canyon Hills Specific Plan; TItle 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is consistent with the designated land use planning areas, development and design standards, and all other appropriate requirements contained in the Canyon Hills Specific Plan, General Plan, Gty Municipal Code, and Subdivision Map Act. '-' AGENDA ITEM No.Jl PAGE 1:;':' OF 9' I RESOLUTION NO. 2004- PAGE 2 ..---. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan. 3. The effects this proposed 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 project is consistent with the Otis General Plan and Canyon Hills Specific Plan, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 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 project will comply with all appropriate conservation requirements of the Gty and Uniform Building Code. NOW, TIffiREFORE, based on the above findings, the Planning Commission of the Gtyof Lake Elsinore DOES HEREBY RECOMMEND that the Gty Council of the Gty of Lake Elsinore approve /""', Tentative Tract Map No. 31706. Ron LaPere, O1airman Lake Elsinore Planning Conunission I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on April 20, 2004 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Robert A Brady, Secretary to the ,...... Planning Commission - ." I ' AGENDA ITEM N~ J 1'- PAOeY i' OF MINUTES PLANNING COMMISSION MEETING aTY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, APRIL 20, 2004 ......" Chairman LaPere called the Regular Planning Commission Meeting to order at 6:05 PM. Commissioner O'Neal led the Pledge of Allegiance. ROLL CALL ABSENT: COMMISSIONERS: LAPERE, O'NEAL, AND MATTHIES, UHLRY PRESENT: COMMISSIONERS: Also present were: Director of Community Development Brady, Planning and Code Enforcement Manager Villa, Engineering Manager Seumalo, Senior Planner Morita, Associate Planner Miller, Office Specialist Porche' and DeputyGty AttomeySteve Miles. PUBLIC COMMENTS """ Samuel Taouil, 1744 S. Belle Avenue, Corona CA stated that he has purchased a parcel on Mountain, and would like to have access to the home off Mountain. He stated that he has spoke with the Planning Manager and Gty Engineer, who indicated the that having the access off Mountain would not be feasible. Mr. Taouil indicated that the home would lose value if faced the other direction. Chairman LaPere advised the applicant that the Commission could only listen to his comments, and were not able to act upon it at this meeting. Planning Manager Villa stated that he spoke with the applicant regarding the access and advised the applicant that there are still many issues that need to be resolved before this project can go before the Commission. Director of Community Development Brady advised the applicant that he would be happy to have a Staff Meeting regarding this project. CONSENT CALENDAR Chairman LaPere indicated that on page 3 of 18, of the April 06, 2004 minutes, which the wording should be changed to state, "MaionDiedforlade c{Socond' ~ AGENDA ITEM NO. ~ / PACE ~'1 OF 9/ PAGE 5 - PLANNING COMMISSION MINUfES - APRIL 20, 2004 r"'. MOVED BY SED BY UN OUS VOTE OF THOSE PRESENT TO ADOPT RESOL ION NO. 2004-43, A RESOLUfION OF THE PLANNING COMMISSION THE OTY OF LAKE ELSINORE, CALIFORNIA, APPROVING CO TIONAL USE PERMIT NO. 2003-05 TO BE LOCATED AT DEXTER A AND CRANE STREET - APN 377-030-071 TO INCLUDE THE NOTED ODIFICATIONS TO THE CONDITIONS OF APPROVAL. MOVED BY O'NEAL, SECONDED BY M UNANIMOUS VOTE OF THOSE PRESENT ADOPT RESOLUfION NO. 2004-44, A RESOLUfION OF THE PLANN G COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, COMMENDING OTY COUNOL APPROVAL OF DESIGN REVIEW FO OMMEROAL PROJECf NO. C 2003- 05, TO BE LOCATED AT DEXTE VENUE AND CRANE STREET - APN 377-030-071 TO INCLUDE TH NOTED MODIFICATIONS TO THE CONDITIONS OF APPROVAL. r" MOVED BY MATTHIES, ECONDED BY O'NEAL AND PASSED BY UNANIMOUS VOTE OF HOSE PRESENT TO ADOPT RESOLUfION NO. 2004-45, A RESOLUfI OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINO , CALIFORNIA, RECOMMENDING TO THE OTY COUNCIL ADO ON OF MITIGATED NEGATIVE DECLARATION NO. 2003-05 DESI REVIEW FOR COMMEROAL PROJECf NO. 2003-05, LOCATED DEXTER AVENUE AND CRANE STREET, APN 377-030-071 TO INCL THE NOTED MODIFICATIONS TO THE DONS OF APE -? 3. Tentative Tract Map Nos. 30493 and 31706 for Pardee Homes Chairman LaPere opened the Public Hearing at 6:48 PM, and requested the reading of the Staff Report. Director of Community Development Brady stated that this is a request for approval of Tentative Tract Map Nos. 30493 and 31706 and requested Senior Planner Morita review it with the Commission. Senior Planner Morita stated that the applicant has submitted two TIM within the Canyon Hills Specific Plan area. He indicated that TIM 30493 proposes 444 total lots to include 395 single- family detached residential lots, 4 large lots, 1 large lot for condominiums, one lots for a future elementary school, and a community park. He stated that in addition, three lots would be for open space, and twenty-one lettered lots for public streets. r" AGENDA ITEM NO. 0./ PACE :rS Of Cf 1_ PAGE 6 - PLANNING CDMMISSION MINUfES - APRIL 20,2004 Senior Planner Morita indicated that TIM 31706 further subdivides one of the large lots being created with TIM 30493. He stated that the map would propose 292 total lots, to include 255 single-family detached residentia1lots, 37 lots for open space, slopes, and streets. Senior Planner Morita stated that Staff supports this project, and recommends that the Planning Commission approve and adopt a Resolution, based on the Findings, Exhibits, and is subject to the Conditions of Approval. He noted that the applicant is available to answer any comments that the Commission may have. ...., Chairman LaPere requested the public comments. Jim Stringer, representing Pardee Homes, 1181 California Avenue, Suite 103, Corona, CA stated that he has read and agrees with the Staff Report and the Conditions of Approval, and would be available for any questions. Sheila Thornberg, 25710 Holland Road, Menifee stated that this project would be adjacent to her street, and stated that she would like to have the area kepyas rural as possible. She indicated that her home is in an area that has many trails for horseback riding, and would like to know if there is anyway to have the area remain that way, or provide trails for this pmpose. Mr. Jim Stringer indicated that a trail along Cottonwood Oeek through the park area, within the Open Space area is already in the plans. He indicated that the trail would be a multi-use ...., trail. There being no further comments from the public, discussion was brought back to the table for the Commissioners comments. Vice Chairwoman Matthies stated that she also grew up with horses in the area, suggested Staff to recommend more trails and bike paths when reviewing any future development. She had no further comments. Community Development Director Brady noted that the Gty does have a trail system that has been developed into the Master Plan. Commissioner O'Neal asked Mr. Stringer about the 25 acres of pioneer burial preserve. Mr. Stringer stated that the pioneer cemetery is located within the Open Space Area, which Pardee Homes is obligated to protect that area. He indicated that the area would be protected with a fence constructed out of rock and wrought iron. Commissioner O'Neal concurred with Staff recommendations, and was glad to see that the smallest lot size was 5,000 square feet, with an average lot size of 6,504 square feet. He noted that he would like to see Pardee Homes offer energy saving concepts options that you ...., AGENDA ITEM NO. ,-;(.' PACE. 7fb OF ell PAGE 7 - PLANNING CDMMISSION MINUTES - APRIL 20, 2004 r'" fmd in other developments. He has some concerns with area 36 with respect to the 180 units. Mr. Stringer indicated that this TIM is creating a legal parcel that could be used for multi- housing pmposes. Commissioner O'Neal had no further comments. Chairman LaPere concurred with Staff recommendations, and had no further comments. There being no further comments, Chairman LaPere closed the Public Hearing at 7:07 PM, and requested the reading of the Resolution. /'"' MOVED BY MATTHIES, SECONDED BY O'NEAL AND PASSED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-46, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, RECOMMENDING TO THE OTY COUNCIL OF LAKE ELSINORE APPROVAL OF TENTATIVE TRACf MAP NO. 30493 WI-IICH SUBDIVIDES APPROXIMATELY 1,075 ACRES OF THE CANYON HILLS SPECIFIC PLAN AREA INTO 444 TOTAL LOTS. MOVED BY O'NEAL, SECONDED BY MATTHIES AND PASSED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-47, A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, RECOMMENDING TO THE OTY COUNOL OF LAKE ELSINORE APPROVAL OF TENTATIVE TRACf MAP NO. 31706 WHICH SUBDIVIDES APPROXIMATELY 135 ACRES OF THE CANYON HILLS SPECIFIC PLAN AREA INTO 292 TOTAL LOTS. B 4. Minor Desi n Review for a Sin Ie Fa. esidence to be located at 32916 Serena Way. ea the reading of the Staff Report. Director of mmunity Development Brady stated that this project is a request to approve a Minor sign Review of a single-family residence, and requested Associate Planner Miller to . wit with the Co .. ~ iJ.GENDA ITEM NO. ~l PACE -Sl Of f]l ._ ....... " . i. ..."'. .. .'........ . . . .+.+.4 ...~..... N' . . . . . . . . . . . ...... . . . ........ .... + b.I III 0: ;:) o o 0: b.I I- ~ ..J <( i= zo 1&/<( 0'- -;:) ~a 0:10 SO Xl- ~A. 1-;:) b.I 00 ~ ai CU -- . . . . . . . . . .. . ... . . . . .. ... ... .. . . . .. .. .. ... . . .. .. .. . . . . .. .. . .. . . . .. .. .. ... .' ... ... . . .. . . . . .. .. . ... . . . . . . . . . ..J <( i=0 Ci~ 0;:) iiiO w. a:", 00 ~I- 00.. ~;:) <(GO o <( o a: a: o -, <( :::E , . . . . . I I I I I I I . . I o <( o a: a: o z :i ..J <( Z o i= ;:) I- i= III Z S. <( (3 0: ... :::E :::E o o JI~ ~2 a: ... II) :::E ;:) :z I- Z ;:) o :z Z :z ~ A. a: I- ... :z ~ w :::E '0 a... IX) 0 I- ..J W Z > ;:) w 0 C) 0 :z Z :z z t; :s X a... ... ! . II . i . . ,. . \ . .. . II .. 00 ""'" ... 0 III <( f"') a... ~ III a: 0\ ~ <( % a... &oJ ~ 0.. " 0 = III ..J f"') -' <( 0 a: 0 ;:) . X ~ 0 0 III Z Z ~ ~ ,~ ~ 0 ~ =~ ~ < Z ~ ~ Z ~ 0 == 1--1 U ~ < < ~ U .......,,' ~ 0 < ~ AGE:NDA ITEM NO. J.I PAGE <i18 Of CJI 4J ,-... 0:: W m ~ ::> z w I- III Z 0:: 0 0 ::> <C( <C( ::> 0 0 0 0 U 0:: 0:: ~ I 0:: 0:: 0:: Z W 0 0 z I I- .., Z ~ ~ <C( ~ ~ Q.. I , I I I I I I I . . ClO . .... I . . I . t I I I , ~I ...J ...... <( ~ Z ...J ...J 0 ~ ~ <C( <( j:: j:: j::U ::> ZO C~ I- w<C( j:: C........ C::> (I) f-4 -::> iiic z ~o ........ 5- ""lID 0::.... <C( 00 00 U ~I- ~I- 0:: W ~Q.. uQ.. ~ ....::> <C(::> ~ w J: 0 00 <c(1ID U . . . 000 -0 .. ... . .. ........ 000 53 :~:::~: 000 000 000 000 . .. . . 000 CU ::=:::: 000 000 ....... >:.:.: 000 . . . agog: __....___J /"" ~~. 0'" 2 0:: I- ... Z 0 W 0:: .~ 0 Q.. ID 9 I- \oJ Z > ::> w 0 0 0 Z Z z :z ~ ~ x Q.. .... ! . . . f . . ,. ,. \ . . . . .- 1&1 ~ U = <( (I) Q.. t' :..:: I/) 0:: ,..-4 <C( :Z Q.. 1&1 f'f') ........ Q.. 0 ~ ~ . 0 "" 0 0 :) :x: ~ Z U I/) :z ~ ~ ~ ~ 0 ~ u~ ~< z~ ~z ~o =~ u~ << ~u ~o <~ AICENDA ITEM NO. cJ./ i'AOe~.11__~_3L.>~ -. . ___ .' III ~ [::{;fir~-~ ~ =1- ~ " . '~, ..~ I ;)1 _ H q ii~. I ; i' i I : I i ~ ~ !ii. I~~~ i ., '; ;'<~I I~ nUi I, Hi 1"tflil'~1111 Ii! III' i! PIII:~~~~~ !:~liiO"!; -- - - - ! I f II 'r. ;, I' u, I' t If' - ;::l II - I. -,I I! I I Ii I I' ~ ~I'" 0 S!~ 2 I : --~ ~ ill ill,; In II ~n l h ~i bid I ~ ~ ~ ~z ~~ !!;i ! i · i - :111 t! 'I..us I II ~ i!'!!i:l!1 z ~- I.I~ . It. .I.n Q e.t t. I" :! II CIl: ~ I,; I! . :!: _ . . . .. . .. ..... ..;t .. _:I. _ oil .. ~ ".'11 '" IIIr d . (JI 1.1 II I I ~ii ('1)10 C\l'l ~~ o~ ('I)~ m . ... Q~ z~ oj ~': u~ '-' <~ ~a: ~~ z &,,&,IZ >~ -0. ~1I) <~ ~i z'~ u.a~ i$ 1-0 ~ ~ ~ ~~ z'" ~~ ~~ =- uO <Z ~~.~ <~ ~( OF Cf( iiiiii In- .............. .iii.iiiii fi ......... ................. i DIIt!IIII.!II~nnUIII.'''l.._'''' 'll ................."111..........__. .."....III""..liI..~'''........" e: ~ .~_ -'''''!!mI1! -IH-i ~m_ii~iim._ ~ ..................."'.IPftUftt.... I .-...............,...-......-....................""..................-...............................,... ~~\__,.._~!!U'm!1Q1t ~ ~"....~It....~~ , ACENDA ITEM NO. 3 PACE I f OF 4 I iiiiiiiii~:ii'iiii!!i;i S ~""'......... ; ~ Ii; ~I !J :~ 1;1 ~ 111:13 101.I.... ~ I I! ! > ;; ~ ~ q il,!J - ...Jl:I I ~o~~ 3 ~ I-ZO~ ~ ~ z >-~ i~ IoI.IW~~ ~ 501 I- < ~ 1"1 . ti ~ B..~' I- Go ~II i ~3 2d ~ \C e l( ~ r . \ ~ ' . . "11" If:' J"/.-:"/'-.'i" { l l__... J" , s ..m"ii!ifiiiijiijiiliiiiliiii i I' ......._..._....0......' ii ~ !i iiiiiiiiiiiiiliiiiii_~iiiiiiiiiil1iiis -...,""--~~""""",,, . ....".........:.......,.............. & f I ; , I I J. . U' 11 I. ;llsln"ill 1:.11 ,filii I ill! II., E! I · J l II I~I';;! !!lrl It I! !!fl II II. i' II.III"~' · i i p-: Ii " d 1'1" II'. '. I II; II.. ! t,' ri III f " II 'i .111-1; UII.r I il',:",1 ib' 'e"il i' · I.. all n I !I i d I ii 011" ~ !~ !.! d H i , II I h I ~ I f. ,. I I.' . · I I I~ ~ ~ . ~; . .1 . i:J ~b ! ~I U J ACENDA ITEM N . . PACE I;;" OF 4 7 II I I ,;9 191 III Ie! le,( ii!m.191 IIIIII I Id id · .LU1eL'1I1 biLE dUn JHJUrzt ,~. ~y,-' ;..';-:, ) .;...(~/(~).\~.~.~~..:':~~~:2.::-.' i jq\..lf- ~I- li I ~~ F I \ I : 11 t:, .1 " I I -:, h b t; i ~ E-c\C z= .~~ ~~ == . uO <z E-c~ E-cE-c <E-c EM NO. -4>1=, '11 Of -.::i{~ ;1""" CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: RICHARD J. W ATENP AUGH, CITY MANAGER DATE: CITY COUNCIL MEETING OF MAY 11,2004 SUBJECT: APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT (CUP) NO. 2003-13 ON APRIL 20, 2004 (SECOND APPEAL) APPELLANT: CYRIL J. DANTCHEV, ALHADEFF & SOLAR, LLP (REPRESENTING DINO FOUTRlS OF DOUGLAS BURGER) /"'""" BACKGROUND At their regular meeting of April 20, 2004, the Planning Commission adopted Resolution No. 2004-43 approving Conditional Use Permit (CUP) No. 2003-13, adopted Resolution No. 2004- 44 recommending approval of Design Review for Commercial Project No. C 2003-05, and adopted Resolution No. 2004-45 recommending adoption of Mitigated Negative Declaration to the City Council. The CUP is required for approval of a drive-thru lane that is a feature of a 4,721 square foot fast food restaurant to be constructed on an approximately one acre vacant lot located on Dexter Avenue (APN 377-030-017). The appeal is the second appeal filed by the law firm of Alhadeff & Solar, LLP on behalf of Mr. Dino Foutris who owns property (Douglas Burgers) adjacent to the project site. This second appeal was filed and received by the City on April 29, 2004. The first appeal was heard by the City Council at their regular meeting of November 25, 2003. Issues raised at that meeting include: 1) CC&R's that require architectural review and approval; 2) perceived ingress and egress issues with the location of the driveway on Dexter Avenue and the drive-thru lane; and 3) the environmental determination for the project. At that meeting the City Council requested that the project be returned to the Planning Commission for further study and analysis. ,..-., The current appeal raises some of the same issues: 1) CC&R's that require an architectural review and approval; 2) traffic issues particularly the drive-thru lane, no traffic study, Caltrans comments; 3) a statement that no environmental assessment had been completed. AQENOA ITEM NO. ;) 1 " PAGE-LOF ~ REPORT TO CITY COUNCIL MAY 11, 2004 Page 2 of 3 SUBJECT: APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT (CUP) NO. 2003-13 ON APRIL 20, 2004 (SECOND APPEAL) '-"" DISCUSSION Since the project was returned to Planning Commission, both the applicant and Staff have studied the issues raised and found the following: 1) regarding the CC&R issue, both the applicant's attorney, Maureen Muranaka of Bryan Cave, LLP, and the City's attorney, Steve Miles, reaffirm that this is a civil matter that would not raise any fair argwnent concerning any significant impact or potential impact with respect to the CEQA determination and suggested that the Conunission should continue to move forward with consideration of the project. Furthermore, Ms. Muranaka alleged that the CC&R's are not enforceable due to the absence of development regulations, and absence of an association and architectural review committee to enforce them; 2) regarding the traffic questions, Staff has required the applicant to relocate the driveway on Dexter Avenue 60 feet to the south. The Engineering Division feels that this new location will relieve any possible overflow drive-thru traffic onto Dexter Avenue, which was considered an issue. Staff feels adequate traffic analysis has been conducted. Caltrans was sent a notice of the project in October 2003. No comments were received. Caltrans was again noticed of the project from the State Clearinghouse for the Mitigated Negative Declaration No. 2003-05. The only ......" comment received was from the appellant's attorney, Alhadoff & Solar, LLP. Caltrans was personally contacted by Staff, and they stated that they did not comment, and their opportunity to comment has passed. 3) A question whether sufficient Environmental Assessments had been conducted. Staff prepared an Initial Study and Mitigated Negative Declaration No. 2003-05 and circulated these to the State Clearinghouse. The review period ended April 22, 2004. Staff believes that this issue has adequately been addressed by the Mitigated Negative Declaration. ANALYSIS Staff feels that all the issues that have been raised by the appeal have been sufficiently and adequately addressed by the design features, the attached Conditions of Approval and the Mitigation Measures contained in Mitigated Negative Declaration No. 2003-05. RECOMMENDATION Staff recommends that City Council uphold the decision of the Planning Commission which approves Conditional Use Permit No. 2003-13 for the drive-thru lane of a fast food restaurant (Commercial Project No. 2003-05) to be constructed on Dexter Avenue near Central Avenue (APN 377-030-071). Recommendations for approval are based on the Findings, Exhibits and subject to the attached Conditions of Approval of the attached Staff Report to the Planning Commission dated April 20, 2004. 21 AQENDA ITEM NO. - ~ . " PAGE ?.. OF.-J2- ......" REPORT TO OTY COUNOL MAY 11, 2004 Page 3 of3 ,.... SUBJECT: APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT (CUP) NO. 2003-13 ON APRIL 20, 2004 (SECOND APPEAL) Prepared by: . Miller, AICP, Associate Planner Reviewed by: Armando G. Villa, Code Enforcement and Planning Manager Approved by: Approved for Agenda Listing by: Exhibit' A' Appeal of Planning Commission Action received April 29, 2004. ".-... ,... _.' ^ 2J- AQE.NOA "ITEM Nv. .". - g:. ~- PAGE. ~ OF . CITY OF LAKE ELSINORE APPEAL OF PLANNING COMMISSION ~ PROJECT NO.(S) PROJECT APPLICANT PROJECT LOCATION DATE OF PLANNING COMMISSION ACTION Conditional Use Permit No. 2003-'13 Bickel Underwood (Owner: Tom's Restaurant. Attn: Angelo Dexter Ave. Near Central Ave.: APN 377-C30-71 Karpouzis APRIL 20. 2004 I, the undersigned, hereby appeal the above action of approval/denial by the Lake Elsinore Planning Commission, for the following reasons (Please cite specific conditions, by number, if appropriate). Please see attached materials- '~ Cyril J. Dantchev. Attorney for ADplicant Dino Foutris Print Name 707 Broadway. Suite 800 Address 619-239-8700 Telephone EXHiBiT ....A-- u 6" II-I) q San Diego. CA 9210 I City State Zip Code '-'" ACiENDA ITEM NO. .?-?-. '"', LI 8<' _- .; . PAGE.o-L., OF. ALHADEFF & SOLAR, LLP r--- A LIMITED LIABILITY PARTNERSHIP INCLUDING A PROfESSIONAl CORPORATION 43460 RIDGE PARK DRIVE, SUITE 270 TEMECULA. CAlIFORNIA 92590 MAIN TELEPHONE: (909) 699-7556 FACSIMILE: (909) 699-6191 Offices in San Diego and Temecula, California April 29, 2004 SAMUEl C. ALHAOEFF SAlHAOEFF@AsLAw1.COM HAND DELIVERED Vicki Kasad City Clerk City of Lake Elsinqre 130 South Main Street Lake Elsinore, California 92530 ~ Re: Appeal from Planning Commission's Approval of Conditional Use Permit No. 200y.13 on April, 2004 (Dexter Avenue, near Central Avenue; APN 377-030- 071) (the "Project") Dear Ms. Kasad: Our office represents Mr. Dino Foutris, who owns property adjacent to the Project. Mr. Foutris hereby appeals to the City Council the resolution ofthe Planning Commission adopted on April 20, 2004, approving the above-referenced Conditional Use Permit No. 2003-13 for a drive through facility for the Project. This appeal is based on the following facts: . Background On October 21,2003, the Planning Commission approved the Conditional Use Permit, and recommended approval of the Project to the City Council. On November 25,2003, Mr. Foutris appealed to the City Council' and, after considering the matter, the City Council sent back the application to staff for further study and analysis, with instruction to bring back the matter to the Planning Commission in order to address the following issues raised by Mr. Foutris: 1. The project is subject to that certain Declaration of Protective Covenants, Conditions and restrictions ("CC&R's"), dated June 28, 1990, expressly provides that no improvement shall be constructed, erected, placed, altered maintained or permitted in the Park until plans and specifications and other documentation that may be required have been submitted to and approved in writing by the Committee. The Applicant had failed to obtain such approval, and had failed to even contact the Architectural Committee ,.-.. AQENDA ITEM NO. 1 ~ PAGE.....~. OF.<.,...< '.,{ ALHADEFF & SOLAR, LLP City Clerk April 29, 2004 Page 2 ......." 2. Traffic issues in and around the Project area were not addressed in the original application. Particularly, thedrive-thru lane created egress and ingress problems, and no traffic study had been completed for the Project, analyzing the cumulative traffic impacts and identifying the mitigation measures that would be needed. Finally, CaJTrans commentsJor the Project had not been obtained. 3. No environmental assessment for the Project had been completed. Following the City Council's instructions, staff completed an Environmental Assessment and prepared a proposed Mitigated Negative Declaration for the Project. However, the new report and environmental documents do not adequately address the issues that were raised last October. . The Applicant has not, and will not, contact the Architectural Committee At the October 21, 2003, hearing, Mr. Foutris requested that the Applicant consult with the Architectural Committee with respect to his proposed improvements. This request was followed by several correspondence from his legal counsel, dated October 23,2003, November 12,2003, and December 10, 2003, respectively, copies of which. are attached and incorporated by reference. To date and despite these requests, the Applicant has not contacted the Architectural Committee, has not responded to any of the requests and has made absolutely no efforts whatsoever to contact the Architectural Committee. Moreover, at the April 20, 2004 hearing, counsel for the Applicant indicated that he had no intention to contact such committee. ......." . Shifting the driveway by 60 feet south from its original location will not change the traffic issues associated with the drive-thru lane. Staff and the Applicant now propose to shift the driveway by 60 feet south from its original location. Merely moving one of the drive-thru lanes is highly unlikely to alleviate the ingress and egress problems associated with multiple driveways abutting Dexter A venue in such close proximity. No less than 6 drive-thru fast food restaurants, including this Project, are contemplated or are being processed in the general vicinity of the Project. Given the existing high volume uses on or around Dexter Road and Central Avenue (i.e. Burger King, the Chevron Station and Douglas Burgers) there already is a significant volume of traffic in the area. Adding another drive~thru facility in the area will create more cumulative impacts on the surrounding areas and uses. Accordingly, the drive-thru lane should have been eliminated altogether from the Project. "'"'" AQENDA ITEM NO. PAGE b OF 22 ~ ALHADEFF & SOLAR, LLP City Clerk ~ April 29, 2004 Page 3 · Comments from CalTrans have yet to be provided for the Project. Mr. Foutris requested that CalTrans be contacted by staffwhen further studying the project, because CalTransis working on the design of major improvements at the 1-I5/Route 74 interchange, which might require dedication of right of way that could potentially impact the Project. The only attempt to obtain that information was to send to CalTrans the official Notice to Adopt a Mitigated Negative Declaration, after the Environmental Assessment and the Mitigated Negative Declaration had already been prepared. It is not until shortly before the hearing that staff called CalTrans, which indicated that they were backlogged, and did not have a chance to look at the Project in relation to the I-15/Route 74 interchange. As a result, it is respectfully requested that further hearings on this matter be continued until such time as this critical information has been obtained, made available, and analyzed in relation with the proposed Project. · No traffic study was completed, and the cumulative traffic impacts in the Project area have not been considered. /"'"' Riverside County is one of the fastest growing areas in the nation, and traffic has become a top priority. The traffic issue is particularly critical in the Project area because it is quickly changing from a mostly rural environment to a heavily urbanized one. In the original application, no environmental review was conducted and traffic simply was igriored. Mr. Foutris requested that a focused traffic study be conducted. Yet, no focused traffic study was completed and the Mitigated Negative Declaration merely relies on traffic data prepared for the General Plan at the 2025 build-out scenario. It does not consider when and if funds will be available to complete the required improvements in the vicinity of the Project, and there is a complete uncertainty as to the short term cumulative traffic impacts in the area and the kind of improvements that will be needed right away to address these impacts. The Applicant's payment of approximately $ I 6,000 in traffic mitigation fees will not cure the cumulative traffic impacts that are going to take place in the Project area. Indeed, at its April 13, 2004 meeting, the City Council approved the preparation of a Focused Environmental Report for the proposed Home Depot in the area. At the very least, the Project should not be approved until such time as the traffic study for Home Depot has been completed. Therefore, Mr. Foutris respectfully requests as follows: · That the matter be continued until the Applicant has contacted the Architectural Committee and has obtained its approval for the Project, or can show good cause why he should not obtain such approval; /"'"' ACiENOA ITEM NO. ;;( ~ PAGEl OF 0' .j ALHADEFF & SOLAR, LLP City Clerk April 29, 2004 Page 4 ""'" . That the matter be continued until full information has been obtained from CalTrans concerning the 1-15 interchange improvements and has been fully analyzed in relation to the Project; . That the drive-thru lane be eliminated from the project; and . That a focused traffic study be completed to address the cumulative traffic impacts in the project area and to identify the mitigation measures that should be implemented before completion of the Project and other projects. This appeal is based on the staff report and the City's files for the Project, the written materials submitted to the Planning Commission on April 19, 2004, copies of which are attached hereto and incorporated by reference, the oral arguments presented to the Planning Commission, as well as further materials that may be submitted for the City Council's consideration. Request is hereby made that a transcript ofthe April 20, 2004, hearing be prepared and made part of the record for purposes of this appeal. Please contact us with the date for the appeal hearing by the City Council. S incerely Yours, 0~~ -...,JJf Cyril J. Dantehev, for Alhadeff & Solar, LLP CJD:cmz Enclosure cc: Mr. Dino Foutris (w/enel.) ""'" AQE.NDA 'TEM~"JP. J. 2- " '6 <6" 'PAGE OF .l!' " CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: RICHARD J. W ATENP AUGH, CITY MANAGER DATE: CITY COUNCIL MEETING OF MAY 11, 2004 SUBJECT: MITIGATED NEGATIVE DECLARATION NO. 2003-05 AND DESIGN REVIEW OF COMMERCIAL PROJECT NO. 2003-05, TOM'S RESTAURANT (APN 377-030-017) BACKGROUND At their regular meeting of April 20, 2004 the Planning Commission adopted Resolution No. 2004-43 approving Conditional Use Permit (CUP) No. 2003-13 for a drive-thru lane, adopted Resolution No. 2004-44 recommending approval of Commercial Project No. C 2003-05 for a fast food restaurant, and adopted Resolution No. 2004-45 recommending approval and adoption "..-- of Mitigated Negative Declaration No. 2003-05 for the projects. The project is located on Dexter Avenue near Central Avenue, APN 377-030-017 (Minutes, revised Staff Report and Conditions of Approval are attached). This was the second time the project had been heard by the Planning Commission due to an appeal to the original approval on October 21, 2003. As mentioned, the original project was brought before the Planning Commission on October 21, 2003 and consisted of a Conditional Use Permit for a drive-thru lane and Design Review of a Commercial project for a fast food restaurant. The project was deemed exempt from the California Environment Quality Act pursuant to Section 15332.b (In-fill Development Projects). Planning Commission approved the Conditional Use Permit, and recommended approval to City Council for the Design Review of the Commercial Project. The law firm of Alhadeff & Solar, LLP filed the first appeal on October 30, 2003. The first appeal was brought before the City Council on November 25, 2003. City Council directed Staff to study the project further and return the project to Planning Commission. The City received a second appeal from Alhadeff & Solar, LLP on April 29, 2004. This appeal is again appealing Planning Commission approval of Conditional Use Permit No. 2003-13 on April 20, 2004. This second appeal is being reviewed as a separate item on the May 11, 2004 City Council Agenda (attached). DISCUSSION ,,-, A description of the project was provided to the Planning Commission. Staff indicated that a Mitigated Negative Declaration was prepared and circulated to the State Clearinghouse for a thirty day review. The only comment received was from the attorney, Alhadeff & Solar, LLP, AQENOA ITEM NO. ~ \ PAGE-L- OF J~7 REPORT TO THE CITY COUNCIL MAY 11, 2004 Page 2 of5 SUBJECT: MITIGATED NEGATIVE DECLARATION NO. 2003-05 AND DESIGN REVIEW OF COMMERCIAL PROJECT NO. 2003-05, TOM'S RESTAURANT (APN 377-030-017) .....", the firm that had filed the first appeal. Staff restated that the issue of CC&R's is a civil matter that does not pertain to any environmental impacts, that Staff heard from Caltrans and they had no comments, and that Staff concluded that adequate traffic analysis had been conducted and that the traffic impacts were mitigated to a level of insignificance. Staff submitted a list of corrections to the Staff Report and Conditions of Approval. These corrections have been made and are shown on the attached revised Staff Report and Conditions of Approval. The representative of the law firm of Alhadeff & Solar, LLP stated his objections to the project, which are also listed in the appeal letter dated April 28, 2004 (attached). The attorney for the applicant's law firm stated that the CC&R's were un-enforceable because of non-existent development regulations, non-existent association, and non-existent legal architectural review committee. Deputy City Attorney, Steve Miles submitted materials from Alhadeff & Solar, LLP (appellant's attorney) and Bryan Cave (applicant's attorney). He stated that the issues regarding the CC&R's would not raise any fair argument concerning any significant impact or potential impact with respect to the CEQA determination and suggested that the Commission should continue to move forward with consideration of the project. .....", The project was approved by unanimous vote of those present. . MITIGATION MONITORING PROGRAM Pursuant to Section 21081.6 of the California Environmental Quality Act"... the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted, or made a condition or project approval, in order to mitigate or avoid significant affects on the environment." Therefore, a Mitigation Monitoring Program is submitted for review and adoption (Attached as Appendix No.5 ofthe Mitigated Negative Declaration No. 2003-05). ENVIRONMENTAL Pursuant to Section 15070 of the California Environmental Quality Act (CEQA) Mitigated Negative Declaration No. 2003-05 has been prepared by Staff, submitted for review to the State Clearinghouse for a 30 day review and submitted for review to Planning Commission at their regular scheduled meeting of April 20, 2004. A Mitigated Negative Declaration is deemed appropriate if the proposal will not result in any significant effects on the environment. The 30 day review period has been completed. The only comment letter received was from the appealing law firm of Alhadeff & Solar, LLP. The Planning Commission adopted Resolution No. 2004-45 recommending to City Council approval and adopt of Mitigated Negative Declaration No. 2003-05 for Commercial Project No. 2003-05 and Condition Use Permit No. 2003-13. .....", AQENDA ITEM NO...3...l- PAGE2-OFJll REPORT TO THE CITY COUNCIL MAY 11, 2004 Page 3 of5 I""'"' SUBJECT: MITIGATED NEGATIVE DECLARATION NO. 2003-05 AND DESIGN REVIEW OF COMMERQAL PROJECf NO. 2003-05, TOM'S RESTAURANT (APN 377-030-017) FISCAL IMPACT The demand for public services caused by a commercial development is considered to be less than significant. However, the development will provide the following benefits to the City: · The applicant shall contribute cash in-lieu fee for a roadway median for Dexter Avenue for the full frontage length of the project. · The applicant shall dedicate full ~ width and construct ~ width improvements of Crane Street. · The applicant shall be required to pay $15,815 for a traffic mitigation fee and $7,885 for a drainage fee. The project shall also be subject to TUMF fees in the event a building permit is not pulled before July 1, 2004. RECOMMENDATIONS ,."..- Staff recommends that City Council approve and adopt Mitigated Negative Declaration No. 2003-05, and approve Design Review of Commercial Project No. 2003-05 located on Dexter Avenue (APN 377-030-071). Approval is based on Exhibits, Findings, and subject to the attached revised Conditions of Approval. FINDINGS Mitigated Negative Declaration No. 2003-05 1. Given that project impacts have been identified as Less Than Significant Impacts with Mitigation Incorporation, cumulative impacts are not.foreseen. Pursuant to the evidence received in the light of the whole record presented to staff, the project will not have cumulative impacts on the environment considering the applicable Conditions of Approval and Mitigation Monitoring Program. 2. The proposed project does not have the potential to cause substantial adversely effects on human beings, either directly or indirectly with mitigation measures. Pursuant to the evidence received in light of the whole record presented to staff, the project will not result in a significant impact on the environment considering the applicable Conditions of Approval and Mitigation Monitoring Program. ",- 3. Prior to approving the project, the City Council has considered the proposal and any comments received during the public review process. The City Council shall approve and AQENDA ITEM NO. ,~_i_ PAGE 3 OF 1J,7' REPORT TO THE CITY COUNCIL MAY 11, 2004 Page 4 of5 SUBJECT: MITIGATED NEGATIVE DECLARATION NO. 2003-05 AND DESIGN REVIEW OF COMMERCIAL PROJECf NO. 2003-05, TOM'S RESTAURANT (APN 377-030-017) '-' adopt the proposed Mitigated Negative Declaration bases on the whole record before it (including the initial study, comments received and Mitigation Monitoring Plan), that there is not substantial evidence the project will have a significant effect on the environment and the Mitigated Negative Declaration reflects the City Council's independent judgment and analysis. 4. The documents and other materials, which constitute the record of proceedings upon which the Planning Commission's decision to recommend adoption of the Mitigated Negative Declaration to City Council, and the City's Council's decision to uphold the Planning Commission's recommendation, are on file with the City Clerk of the City of Lake Elsinore at 130 South Main Street. Design Review -Commercial Project No. 2003-05 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed commercial project located at Dexter Avenue and Crane Street, APN 377-030- 071, complies with the goals and objectives of the General Plan, in that the approval of this '-' commercial project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging commercial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed commercial project located at Dexter Avenue and Crane Street, APN 377-030- 071 is appropriate to the site and surrounding developments. The commercial project has been designed in consideration of the size and shape of the property, and will equal or exceed the existing architectural design of neighboring properties. 3. Subject to the attached Conditions of Approval and Mitigated Monitoring Program, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant Section 15070, Decision to Prepare a Negative or Mitigated Negative Declaration of the California Environmental Quality Act (CEQA), the proposed commercial project located at Dexter Avenue and Crane Street, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment. '-' 31 AGENDA ITEM NO. ... PAGE~OF /;;.7~ REPORT TO THE CITY COUNCIL MAY 11,2004 Page 5 of5 ",--.- SUBJECT: MITIGATED NEGATIVE DEaARATION NO. 2003-05 AND DESIGN REVIEW OF COMMERQAL PROJECf NO. 2003-05, TOM'S RESTAURANT (APN 377-030-017) 4. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of this Section and the zoning district in which the site is located. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed commercial project located at Dexter Avenue and Crane Street, APN 377-030-071, has been recommended for approval by the Planning Commission to City Council with specific conditions of approval. PREPARED BY: Linda M. Miller, AICP, Associate Planner REVIEWED BY: Armando G. Villa, Planning & Code Enforcement Manager lopment Director ",--.- APPROVED BY: APPROVED FOR AGENDA LISTING: Exhibit' A' Exhibit 'B' Exhibit 'c' Exhibit'D' Exhibit 'E' Exhibit 'F' Minutes from Planning Commission April 20, 2004/Revised Conditions of Approval Revised Planning Commission's Staff Report and attachments, April 20,2004 Appeal received April 29, 2004 Full Sized Exhibit Full Sized Color Exhibits (Elevations presented at Hearing) Color and Material Board (presented at Hearing) ",--.- AQENDA ITEM NO..31-. PAGEl OF /-;;).7_ ~ ......, COMMERCIAL PROJECT NO. 2003-05 CONDITIONAL USE PERMIT 2003-13 INITIAL STUDY FOR MITIGATED NEGATIVE DEa..ARATION NO. 2003-05 Prepared By: OTY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92530 ......, Applicant: JIM BICKEL Bickel UndelWood 3600 Birch Street, Suite 120 Newport Beach, CA 92660 MARaI 2004 ......., AQENDA ITEM NO. 3/ PAGE ~ OF J :A'l I. INTRODUCTION "'" A PURPOSE 1his document is an Initial Study and Mitigated Negative Declaration for evaluation of environmental impacts resulting from implementation of Commercial Design Review No. 2003-05, and Conditional Use Permit No. 2003-13 as requested by Jim Bicke~ of Bickel Underwood within the Gty of Lake Elsinore. B. CALIFORNIA ENVIRONMENTAL QUALITY ACf REQUIREMENTS As defined by Section 15063 of the State California Environmental Quality Act (CEQA) Guidelines, an Initial Study is prepared primarily to provide the Lead Agency with information to use as the basis for determining whether an Environmental Impact Report (EIR), Negative Declaration, or Mitigated Negative Declaration would be appropriate for providing the necessary environmental documentation and clearance for any proposed project. According to Section 15065, an EIR is deemed appropriate for a particular proposal if the following conditions occur: · The proposal has the potential to substantially degrade the quality of the environment. . The proposal has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals. "'" . The proposal has possible environmental effects that are individually limited but cumulatively considerable. . The proposal could cause direct or indirect adverse effects on human beings. According to Section 15070(a), a Negative Declaration is deemed appropriate if the proposal would not result in any significant effect on the environment. According to Section 15070(b), a Mitigated Negative Declaration is deemed appropriate if it is determined that though a proposal could result in a significant effect, mitigation measures are available to reduce these significant effects to insignificant levels. The Initial Study has determined that the proposed project will result in potentially significant environmental impacts and therefore, a Mitigated Negative Declaration is deemed as the appropriate document to provide necessary environmental evaluations and clearance, and recommend mitigation measures required to reduce any potentially significant impact to a level of insignificance. 1his Initial Study and Mitigated Negative Declaration are prepared in conformance with the California Environmental Quality Act of 1970, as amended (Public Resources Code, Section 21000 et. seq.); Section 15070 of the State Guidelines for Implementation of the California Environmental Quality Act of 1970, as amended (California Code of Regulations, Title 14, Glapter 3, Section 15000, et. seq.); applicable requirements of the Gty of Lake Elsinore; and the regulations, requirements, and procedures of any other responsible public agency or an agency with jurisdiction by law. The Gty of Lake Elsinore Gty Council is designated the Lead Agency, in accordance with Section 15050 of the CEQA Guidelines. The Lead Agency is the public agency which has the principal responsibility for "'" carrying out or approving a project which may have significant effects upon the environment. 2 AQENDA ITEM NO. 3 I " PAGE 7 OF 1~7 C INTENDED USES OF SUBSEQUENT MITIGATED NEGATIVE DEC1ARATION 1his Initial Study and Mitigated Negative Declaration are infonnational documents which are intended to inform Gty of Lake Elsinore decision makers, other responsible or interested agencies, and the general public of potential environmental effects of the proposed applications. The environmental review process ~ has been established to enable public agencies to evaluate environmental consequences and to examine and implement methods of eliminating or reducing any potentially adverse impacts. While CEQA requires that consideration be given to avoiding environmental damage, the Lead Agency and other responsible public agencies must balance adverse environmental effects against other public objectives, including economic and social goals. The Gty of Lake Elsinore Gty Council, as the Lead Agency, has determined that the environmental review for the proposed projects can be completed with a Mitigated Negative Declaration. The Initial Study and Notice of Availability and Intent to Adopt prepared for the Mitigated Negative Declaration will be circulated for a period of 30 days for public and agency review. Comments received on the document will be considered by the Lead Agency before it acts on the proposed projects. D. CONTENTS OF INITIAL STUDY 1his Initial Study is organized to facilitate a basic understanding of the existing setting and environmental implications of the. proposed projects; I. INTRODUCfION presents an introduction to the entire report. 1his section identifies Gty of Lake Elsinore contact persons involved in the process, scope of environmental review, environmental procedures, and incOIporation by reference documents. II. PROJECf DESCRIPTION describes the proposed projects. A description of discretionary approvals and permits required for project implementation is also included. III. ENVIRONMENTAL CHECKLIST FORM contains the Gty's Environmental Olecklist Form. '~ The checklist form presents results of the environmental evaluation for the proposed project and those issue areas that would have either a significant impact, potentially significant impact, or no impact. IV. ENVIRONMENTAL ANALYSIS evaluates each response provided in the environmental checklist form. Each response checked in the checklist form is discussed and supported with sufficient data and analysis. As appropriate, each response discussion describes and identifies specific impacts anticipated with project implementation. In this section, mitigation measures are also recommended, as appropriate, to reduce adverse impacts to levels of less than significance. V. MANDATORY FINDINGS presents Mandatory- Findings of Significance in accordance with Section 15065 of the CEQA Guidelines. VI. PERSONS AND ORGANIZATIONS CONSULTED identifies those persons consulted and involved in preparation of this Initial Study and Mitigated Negative Declaration. VII. REFERENCES lists bibliographical materials used in preparation of this document. APPENDIX includes Traffic Impact Fee CalculationlGty of Lake Elsinore Road Fee Program, Memorandum, and Property Location Map. E. SCOPE OF ENVIRONMENTAL ANALYSIS For evaluation of environmental impacts, each question from the Environmental Olecklist Form is stated and responses are provided according to the analysis undertaken as part of the Initial Study. All responses will take into account the whole action involved, including offsite as well as onsite, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. Project impacts and effects will be evaluated and quantified, when appropriate. To each question, there are four possible responses, including: 3 I 3 AQENOA ITEM NO.. . '" PAGE ~ OF J?- /. '-' ~ 1. No Impact: A "No Impact" response is adequately supported if the referenced infonnation sources show that the impact simply does not apply to the proposed project. . 2. Less Than Significant Impact: Development associated with project implementation will have the potential to' impact the environment. These impacts, however, will be less than the levels of thresholds that are considered significant and no additional analysis is required. 3. Less Than Significant With Mitigation IncotpOrated: This applies where incOtporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact" The Lead Agency must describe the mitigation measures and explain how the measures reduce the effect to a less than significant level. 4. Potentially Significant Impact: Future implementation will have impacts that are considered significant and additional analysis and possibly an EIR are required to identify mitigation measures that could reduce these impacts to less than significant levels. Regarding mitigation measures, it is not the intent of this document to "overlap" or restate conditions of approval that are established for the project. Additionally, those other standard requirements and regulations that any development must comply with, that are outside the Oty's jurisdiction, are also not considered mitigation measures and therefore, will not be identified in this document. . F. TIERED AND INCORPORATION BY REFERENCE DOCUMENTS AND TECHNICAL STUDIES 1. Tiered Documents ~ As permitted in Section 15152(a) of the CEQA Guidelines, infonnation and discussions from other documents can be included into this docwnent. Tiering is defined as follows: "Tiering refers to using the analyzes of general matters contained in a broader EIR (such as the one prepared for a general plan or policy statement) with later EIRs and negative declarations on narrower projects; inco1porating by reference the general discussions from the broader EIR; and concentrating the later EIR or negative declaration solely on the issues specific to the later project." For this document, "Lake Elsinore General Plan Final EIR," serves as the broader document since it analyses the entire Oty area, "Traffic Impact Fee Calculation," a technical memorandwn that provides potential traffic impact fees for new development in the Oty of Lake Elsinore, and the Initial Study and Mitigated Negative Declaration (Mitigated Negative Declaration 2002-04) for evaluation of Tentative Parcel Map No. 30302 serves as a broader document, since they analyze areas near the proposed project site. However, as discussed, site-specific impacts, which the broader documents cannot adequately address, may occur for certain issue areas. This Initial Study and Mitigated Negative Declaration identify potentially significant impacts and recommend mitigation measures to reduce impacts to levels of insignificance. This document therefore, evaluates each environmental issue alone and will rely upon analysis contained within the Lake Elsinore General Plan Final EIR and Mitigated Negative Declaration 2002-04 with respect to remaining issue areas. Tiering also allows this document to comply with Section 15152(b) of the CEQA Guidelines, which discourages redundant analyses, as follows: ,.,-... "Agencies are encouraged to tier the environmental analyses which they prepare for separate but related projects including the general plans, zoning changes, and development projects. This approach can eliminate repetitive discussion of the same issues and focus the later EIR or negative declaration on the actual issues ripe for decision at each level of environmental review. Tiering is appropriate when the sequence of analysis is from an EIR prepared for a general plan, policy or program to an EIR or negative declaration for another plan, policy, or program of lesser scope, or to a site-specific EIR or negative declaration." 3 I AQENDA ITEM NO. ; " PAGE5L.. OF i;)... t \: 4 Further, Section 15152{d) of the CEQA Guidelines states: "Where an EIR has been prepared and certified for a program, plan, policy, or ordinance consistent with the requirements of this section, any lead agency for a later project pursuant to or consistent """"'" with the program, plan, policy, or ordinance should limit the EIR or negative declaration on the later project to effects which: (1) Were not examined as significant effects on the environment in the prior EIR; or (2) Are susceptible to substantial reduction or avoidance by the choice of specific revisions in the project, by the imposition of conditions, or other means." 2. Incorporation By Reference Incorporation by reference is a procedure for reducing the size of EIRs and is most appropriate for including long, descriptive, or technical materials that provide general background information, but do not contribute directly to the specific analysis of the project itself. 1his procedure is particularly useful when an EIR or Negative Declaration relies on a broadly-drafted EIR for its evaluation of cumulative impacts of related projects {Las V~ H~ Faderation 'U Camty if La A~ [1986, 177 CaJd 300]. If an EIR or Negative Declaration relies on information from a supporting study that is available to the public, the EIR or Negative Declaration cannot be deemed unsupported by evidence or analysis {San Frarxisw E alugy Center 'U City ani Camty if San Frarxisw [1975, 48 CaJd 584, 595]. 1his document incorporates by reference the documents from which it is tiered, Lake Elsinore General Plan Final EIR prepared in 1990, "Traffic Impact Fee Calculation," a technical memorandum that provides potential traffic impact fees for new development in the Gty of Lake Elsinore prepared in 2002, and Mitigated Negative Declaration No. 2002-04, prepared in 2002 referred to as "MND 2002-04." When an EIR or Negative Declaration incorporates a document by reference, the incorporation must .....", comply with Section 15150 of the CEQA Guidelines as follows: . The incorporated document must be available to the public or be a matter of public record (CEQA Guidelines Section 15150[a]. LE General Plan Final EIR, Traffic Impact Fee Calculation, and MND 2002-04 shall be made available, along with this document, at the Gty of Lake Elsinore, Cbmmunity Development Department, 130 South Main Street, Lake Elsinore CA 92330, ph. (909) 674-3124. . The document must be available for inspection by the public at an office of the lead agency (CEQA Guidelines Section 15150[b]. Mitigated Negative Declaration No. 2003-05 is available at the Gty of Lake Elsinore, Cbmmunity Development Department, 130 South Main Street, Lake Elsinore CA 92330, ph. (909) 674-3124. . The document must summarize the portions of the document being incorporated by reference or briefly describe information that cannot be summarized. Furthermore, these documents must describe the relationship between the incorporated information and the analysis within the tiered documents {CEQA Guidelines Section 15150[c]. The General Plan EIR addresses the entire Gty of Lake Elsinore and provides background and inventory information and data which apply to the project site. The Traffic Impact Fee Calculations document provides a source of mitigation for potential traffic impacts by way of enacting a Traffic Mitigation Fee. MND 2002- 04 evaluates environmental impacts resulting from a commercial development located near the project site and provides inventory information and data which apply to the project site. "-"" 5 AfiENDA ITEM NO. '3 I '. ."'" PAGE JO OF f?? r' · Documents must include the State identification number of the incorporated document (CEQA Guidelines Section 15150(dD. The State Oearinghouse Number for the General Plan EIR is 91122065. The Traffic Impact Fee Calculation document and the MND 2002-04 were not circulated to the State Oearinghouse and were not given Oearinghouse Numbers. · The material to be incorporated in this document will include general backgroWld information (CEQA Guidelines Section 15150[fD. 3. Technical Studies "Traffic Impact Fee Calculation," document is fOWld in the Appendix section. II. PROJECT DESCRIPTION A. PROJECf LOCATION AND SETTING ,...... The one (1) acre project site is located in the northeastern section of the Gtyon Dexter Avenue. The site is located approximately 300 feet southeast of Central Avenue (SH 74) and northeast of Interstate 15 at the intersection of Dexter Avenue and Oane Street. Driveway access will be taken from Dexter Avenue and Oane Street. The project site is located on a flat vacant parcel. The site is within the Gtis weed abatement program and has been regularly cleared, therefore, there does not appear to be any chance of the presence of flora that would be considered environmentally significant. Development has occurred on the northwest and southwestern bOWldaries. Dexter Avenue has been developed along the northeast bOWldaty and Crane Street has been developed along the southeast bOWldaty. An approximately ten (10) acre commercial parcel map (Tentative Parcel Map No. 30302) located northeast of the project was approved by Gty G>Wlcil3-25-03. The assessor's parcel no. for the project site is 377-030-071. Refer to Appendix which includes a Property Location Map for the project. B. PROJECf DESCRIPTION The proposed project includes approval of Design Review for a 4,721 square foot single story fast food restaurant with a drive-thru facility and associated improvements (G>mmercial Project No. C 2003-05), and G>nditional Use Permit No. 2003-13 (aJP 2003-13) which is required for all drive-thru facilities. The project site is zoned G2, General G>mmercial. The General Plan designatation is General G>mmercial. Both the Design Review and the G>nditional Use Permit are consistent with the Otis General Plan and Zoning G>de. The following describes each proposal: · Commercial Project No. C 2003-05: A proposal to construct a 4,721 square foot, single family fast foot restaurant with a drive-thru facility to be located on a one (1) acre vacant parcel. The building coverage on the lot is approximately 11%. The applicant is proposing to landscape approximately 24% of the project site. A Mediterranean style of architecture that is typically fOWld within this section of the Oty is planned for the restaurant. Architectural features include Spanish clay tile roofing material, varied roof lines with a gabled tower feature, decorative tiled wainscot extending to comers of the building, glass block and grill work features and cornice details. The drive-thru will be protected with a porte-cochere type tower. · Conditional Use Permit (CUP 2003-13): As required by the Otis Zoning G>de, for the proposed drive-thru facility. ,,-, · Approval of other actions and Permits: Other approval required by the Gty of Lake Elsinore for the project include, but are not limited to issuance of building permits, certificate of occupancy, etc. 6 AtiENOA ITEM NO. 31 '"' PAGE-LL OF Jd.. J III. ENVIRONMENTAL CHECKLIST A BACKGROUND 1. Project Title: Commercial Project No. C 2003-05 and Conditional Use Pennit No. 2003-13 2. Lead Agency Name and Address: Gty of Lake Elsinore, 130 South Main Street, Lake Elsinore, CA 92530 ....." 3. Contact Person and Phone Number: Linda M Miller, AICP, Associate Planner, (909) 674 3124 extension 209 4. Project Location: The approximately l-acre project site is located approximately 300 feet southeast of Central Avenue (SH 74) and northeast of Interstate 15 at the intersection of Dexter Avenue and Crane Street. The assessor's parcel no. for the project site is 377-030-071. 5. Project Sponsor's Name and Address: Tom Bickel, Bickel Underwood, 3600 Birch Street, Suite 120, Newport Beach, CA 92660 6. General Plan Designation: General Commercial 7. Zoning: (G2) General Commercial 8. Description of Project: The following describes the Design Review and Conditional Use Pennit for the Commercial Project: . Commercial Project No. C 2003-05: A proposal to constnlCt a 4,721 square foot, single family fast foot restaurant with a drive-thru facility to be located on a one (1) acre vacant parcel. The building coverage on the lot is approximately 11%. The applicant is proposing to landscape ....." approximately 24% of the project site. A Mediterranean style of architecture that is typically found within this section of the Gty is planned for the restaurant. Architectural features include Spanish clay tile roofing material, varied roof lines with a gabled tower feature, decorative tiled wainscot extending to comers of the building, glass block and grill work features and cornice details. The drive-thru will be protected with a porte-cochere type tower. . Conditional Use Permit (CUP 2003-13): As required by the Gtis Zoning Code, for the proposed drive-thru facility. 9. Surrounding Land Uses and Setting: Surrounding commercial uses include a service station! strip commercial center, a fast food restaurant, and a Cal Trans park 'n ride have developed at the north, northwest and southwest boundaries of the proposed site. Both Dexter Avenue and Crane Street are approved roadways. The land to the northeast and southeast is vacant. 10. Other Public Agencies Whose Approval is Required: NA B. ENVIRONMENTAL FACtORS POTENTIALLY AFFECtED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," as indicated by the checklist on the following pages. D Aesthetics D Agricultural Resources D Air Quality D Biological Resources D G.1ltural Resources D Geology / Soils D Hazards & Hazardous D Hydrology / Water Quality D Land Use / Planning D Mineral Resources D Noise D Population / Housing D Public Services D Recreation D Transportation / Traffic D Uilities / Service Systems D Mandatory Findings of Significance ......, 7 AQENDA ITEM NO. 3 I PAGE J;;L OF 1;:),,'2 C. DETERMINATION: On the basis of this initial evaluation: ~ D I find that the proposed project CDUlD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ~ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. D I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMP ACT REPORT is required. D I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMP ACT REPORT is required, but it must analyze only the effects that remain to be addressed. D I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ,-.... Linda M Miller, AI (1l Date ,-.... 8 31 AQENDA ITEM NO. PAGE /3 OF I~J '-" x c x d) x Convert Prime F and, Unique Fannland, or Fannland of Statewide Importance (Fannland), as shown on the maps prepared pursuant to the Fannland Mapping and Monitonng Program of the California Resources Agency, to non- a ricultural use? b) Co . ct with existing zoning or agricultural use or a Williamson Act contract? c) Involve other changes in e existing environment which, due to their location or nature, could result in conversion of Fannland, to non-a ricultural use? x x """ x x c x e x X '-" 9 AQENDA ITEM NO. "3 I " PAGE...L:L OF I'd.) ~ x ~ x c x x /'"' x x x x c x d) x /'"' 10 AQENDA ITEM NO. 11 PAGE.J2.... OF };::)., 7 1 Issues Rupture 0 a own e qat, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Less Than Significant With Mitigation Inco oration Less Than Significant 1m act ....., x x X X X c X X X ~ X c) X d X e) X '-' 11 AQENOA ITEM NO.~ PAGE I {o QFj ~J ,........ Potentially Significant 1m act .,..-.... c) e) i) ,........ 12 Less Than Significant With Mitigation Inco oration x x x x x x x x x x x x 31 AGENDA ITEM NO. " PAGE 11 OF ...;.:aJ- Less Than Significant With Mitigation Inco oration Less Than Significant 1m act ,..." x c) x x x x x c x ,..." x e x x x b x c) x ,..." 13 A(iENDA ITEM No.3 I " PAGE /3 OF I;)..} /"'" ,.-.. /"'" x b x x b x c x x x x x . . a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? x x 14 AGENDA ITEM NO.~ PAGE ] q OF i;J.. 7 Potentiany Significant 1m act Less Than Significant With Mitigation Inco oration Less Than Significant 1m act ...." c) x d) x e) x f) x x x ......, x c) x ......, 15 AQENDA ITEM NO. 31 PAGE $J.{l OF I d.J '/ IV. ENVIRONMENTAL ANALYSIS TIlls section provides an evaluation of the impact categories and questions contained in the Environmental ,- Checklist. I. AESTHETICS a) Have a substantial adverse effect on a scenic vista? Less Than Significant Impact There are no known scenic vistas on or adjacent to the project site. The site is a flat, one (1) acre parcel with development on two sides of the property boundary. The proposed applications will not result in any significant impact. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? No Impact There are no known significant scenic resources existing onsite. None of the roadways neighboring the area are designated as State Scenic Highways. Therefore, no such impact will result from the project. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Less Than Significant Impact The Design Review process, which the project is undergoing, ensures that design of the proposed project will not degrade the existing visual character of the site and vicinity. The project will be designed consistent with the existing adjacent commercial projects. Design of the project will not degrade the visual quality of the area. d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less Than Significant Impact ~ New lights from street lights, parking lot lights, vehicles, and the proposed restaurant use will be generated, which will contribute to the amount of light and glare found on the project and project vicinity. Impacts, however, are not considered significant. The two sides of the project are developed with commercial uses which create light and glare in the vicinity. The other two sides are designated as commercial uses, and will create additional light or glare typical of commercial development. In addition, vehicle lights are create from the lanes of the adjacent Interstate 15 near the southwestern border. Consequendy, the perception of new and additional light disturbances created by the project is minimal compared to the existing and proposed commercial uses. No significant impacts are anticipated. MITIGATION MEASURES None required. All commercial development requires Design Review approval by the Gty, regardless of the environmental process. Design Review approval is not considered a mitigation measure. II. AGRICULTURE RESOURCES a) Convert Prime Fannland, Unique Fannland, or Fannland of Statewide Importance (Fannland), as shown on the maps prepared pursuant to the Fannland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact ~ The project site is not classified as either Prime Farmland, Unique Farmland or Farmland of Statewide Importance by the Farmland Mapping and Monitoring Program of the California Resources Agency. Therefore, no such impact will result from the project. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact The project is not under a Williamson Act contract. No conflicts are known to exist. 3 I 16 AQENDA ITEM NO. . , PAGE.dL OF J~? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? No Impact The proposed projects will not lead to any conversion of Farmland to any non-agricultural use. MITIGATION MEASURES '-' None required. III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following detenninations. Would the project: a) Conflict with or obstrnct implementation of the applicable air quality plan? Less Than Significant Impact The Air Quality District uses a threshold of 50,000 square feet of general commercial development for detennining whether a particular proposal will result in a potentially significant impact. Since the proposal is for 4,721 square feet of commercial development which is substantially less than the 50,000 square feet significance threshold, it is concluded that the proposed project will not result in any significant impact standing alone or cumulative, nor will it conflict with any air quality plan. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact Likewise, air quality standards will not be violated or contribute to any air quality violation. The proposed project will not result in any significant adverse air quality impacts. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project '-' region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Less Than Significant Impact All of Southern California is within a non-attainment region for certain pollutants. It is concluded that because the proposed applications will not create an incremental impact, it will not significandy contribute to the non-attainment status of the region. d) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact Commercial development exists on the north sides of the proposed project with vacant land with future commercial projects proposed on the remaining two sides of the project. Commercial projects are not considered to be sensitive receptors. The project will not create substantial pollutant concentrations based on the above assumption and will therefore, result in less than significant impacts. e) Create objectionable odors affecting a substantial number of people? Less Than Significant Impact General commercial uses, specifically restaurant uses, do not typically create objectionable odors Significant impacts are not expected. MITIGATION MEASURES None required. .....",. 17 AQENOA ITEM No.3' PAGE~OF-1.21 IV. BIOLOGICAL RESOURCES ".- a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact The project site is cleared and weed abated annually. The Otis General PIan Final EIR does not identify any. onsite sensitive or special status habitat onsite. Therefore, no such impact will result from the project. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact The Otis General Plan Final EIR does not identify any riparian or other sensitive natural community habitat onsite. Therefore, no such impact will result from the project. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Oean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact The Otis General PIan Final EIR does not identify any wetland resource onsite. Therefore, no such impact will result from the project. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife conidors, or impede the use of native wildlife nursery sites? No Impact ~ The Otis General PIan Final EIR does not identify any wildlife corridor onsite. Furthermore, the project site is located in an urbanized area not characterized by any wildlife corridor. Therefore, no such impact will result from the project. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact The Oty of Lake Elsinore does not have any local policies or ordinances to protect biological resources of local concern; therefore, the proposed project will not have any adverse impact on locally protected biological resources. Therefore, no such impact will result from the project. t) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less Than Significant Impact The Oty has recently joined the Riverside Gmntis Multi-Species Habitat Plan (MSHP). The project site is not located within any critical cell as delineated by the plan. There are no known NCCPs encompassing the project site or areas adjacent to the site. There is no evidence that there will be any adverse impacts on locally protected biological resources since the project site has been cleared and weed abated annually (Oty Weed Abatement Case No. 03-922). MITIGATION MEASURES None required. ".- 18 AQENDA ITEM NO...2.L. PAGE~ Of I ().. J v. CULTURAL RESOURCES a) Cause a substantial adverse change in the significance of a historical resource as defined in ~15064.5? No Impact ......, According to the Glltural Resources section of the General Plan EIR (pages 178 to 184), there are no known historical resources located within neighboring areas and the project site. Therefore, no such impact will result from the project. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to ~ 15064.5? No Impact The Oty's General Plan Final EIR does not identify any archaeological resource within the neighboring areas nor onsite. Therefore, no such impact will result from the project. c) Direcdy or indirecdy destroy a unique paleontological resource or site or unique geologic feature? No Impact The Oty's General Plan Final EIR does not identify any paleontological resource within the neighboring areas nor onsite. Therefore, no such impact will result from the project. d) Disturb any human remains, including those interred outside of formal cemeteries? No Impact The Oty's General Plan Final EIR does not identify any burial sites within the neighboring areas nor on the project site. Therefore, no such impact will result from the project. MITIGATION MEASURES Given that significant impacts are not expected, mitigation measures are not required, however, the following ~ is recommended: 1. Throughout site grading, should any archaeological, paleontological, or historical artifacts be uncovered, work shall be halted and a cultural resources consultant shall be retained to assess the significance of the find and make recommendations to ensure that impacts to the uncovered artifact is alleviated to the greatest extent feasible. The applicant is required to comply with the recommendations of said consultant. VI. GEOLOGY AND SOILS a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. No Impact According to the Geology/Soils section of the General Plan EIR (pages 24 to 32), the project site is not located within a State of California Alquist Priolo Earthquake Fault Hazard Zone. Therefore, no such impact will result from the project ii) Strong seismic ground shaking? Less Than Significant Impact With Mitigation Incor:poration ~ 19 AGENDA ITEM NO. 31 PAGE :.) if OF J d-.1 ~ The General Plan EIR indicates the project site is located close to the Glen Ivy North Fault. Therefore, the project site has been and will continue to be directly affected by seismic activity of some degree. Given that the project site is not within any seismic study area, it can be concluded the site will not be affected by ground shaking anymore than any other area in seismically active Southern California. G>mpIiance with standard measures contained in the UBC and Gty Municipal G>de regarding structures and construction and those recommended mitigation measures contained in this document ensure that significant impacts will not result. iii) Seismic-related ground failure, including liquefaction? Less Than Significant Impact With Mitigation IncoIporation According to the General Plan EIR, the project site is not subject to potential liquefaction during a local seismic event. G>mpliance with standard measures contained in the UBC and Gty Municipal G>de regarding structures and construction ensures that potential impacts will not result. iv) Landslides? No Impact The project site has flat topography and is not subject to landslides or mudslides. Therefore, no such impact will result from the project. b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact With Mitigation IncoIporation "..... The applicant is required to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of stormwater quality and meet the goals of the Best Management Practices (EMP) in Supplement 'A' in the Riverside G>unty National Pollutant Discharge Elimination System (NPDES) Drainage Area Management Plan. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact With Mitigation IncoIporation Given that the project site and general vicinity are characterized with relatively flat topography, it can be concluded that the site is stable for development. This conclusion is further supported by the fact that the adjacent parcel is developed with the same type of use as the proposed project. G>mpliance with standard measures contained in the UBC and Gty Municipal G>de, and mitigation measures regarding foundations, footings, structure and construction ensures that significant impacts will not result. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Less Than Significant Impact As discussed, soils are supportive of development and will not create substantial risks to life and! or property. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No Impact The proposed project will not be serviced by septic tanks or alternative waste water disposal system. Therefore, no such impact will result from the project. MITIGATION MEASURES " 1. Prior to issuance of grading permit, the applicant shall prepare and submit the following to the Gty Engineer for review and approval: 20 AGENDA 'TEM NO. :? i PAGE ;)5 OF /21 . Prepare a final grading plan. All grading activities shall occur in accordance with guidelines contained within of the Uniform Building Code and Gty requirements. . Prepare an erosion control plan. Said plan shall meet the goals of the BMP in Supplement 'An of the ....." Riverside Omnty NPDES Drainage Area Management Plan. . Prepare final geotechnical report. Said report shall further evaluate soils conditions and discuss how project walls, foundation, drains, etc. will be supported. Report shall also indicate ground surface acceleration from earth movement. The structure shall be constructed in accordance with the g- factors indicated in the final geotechnical report. Calculations for foundation, footings, and structural members to withstand anticipated g- factors shall also be submitted. 2. To reduce erosion, the applicant shall implement the following: . Use sandbagging and temporary debris basins during construction. Erosion control shall be in place during the rainy season from November to March. . The site shall be cleared of all obstructions, miscellaneous trash, debris, and organic material. . All concentrated surface water entering the project site from offsite sources shall be collected and directed to a permanent drainage system. 3. Building foundation and structure shall conform to appropriate and applicable structural requirements contained in the aforementioned final geotechnical report, Uniform Building Code, recommendations of the Structural Engineers Association of California, and Lake Elsinore Municipal Code. 4. Grading and site preparation activities shall include the following: ....." . Site soils shall be compacted in accordance with Gty specifications in order to support foundation of proposed structure. . Expansive soils shall not be placed at or near final grades unless special design and construction procedures to offset such soil conditions. . To ensure slope stability, all designed slopes shall meet the minimum safety factor or 1.5 for static cases and 1.1 for pseudo static cases. . Remove and replace all loose native soils with properly engineered and compacted fill soils during site grading. . Foundation for new structure shall be founded within either bedrock or engineered and compacted fill soils. VII. HAZARDS AND HAZARDOUS MATERIALS a) Create a significant hazard to the public or the enviromnent through the routine transport, use or disposal of hazardous materials? No Impact The proposed project will not handle any significantly noxious or hazardous material. Only General Commercial uses are allowed. Therefore, no such impact will result from the project. b) Create a significant hazard to the public or the enviromnent through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the enviromnent? No Impact ....." 21 AGENDA ITEM NO. ;~ I PAGE~OF Id--I Likewise, there is no significant potential for release of hazardous materials from accidental conditions. ""'"' c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact No hazardous emissions or materials will be used in conjilllction with the proposed restaurant use. Therefore, no such impact will result from the project. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact The project site is not located on a hazardous materials site as designated by Government Code Section 65962.5. There is no opportunity to create a significant hazard to the public or environment. e) For a project located within an aitport land use plan or, where such a plan has not been adopted, within two miles or a public aitport or public use aitport, would the project result in a safety hazard for people residing or working in the project area? No Impact The project site is not located within an airport land use plan. There is no relevance to this issue. t) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact The project site is not located near a private airstrip. There is no relevance to this issue. g) Impair implementation of or physically interfere with an adopted emergency response plan or ~ emergency evacuation plan? No Impact There are no known emergency response plans or emergency evacuation plans applicable to the project area. The proposed project and applications will not conflict with any emergency response or evacuation plans. h) Expose people or strnctures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact The project site is cleared and weed abated annually, and is not located within a wildlands fire area. Therefore, no such impact will result from the project. MITIGATION MEASURES None required. VIII. HYDROLOGY AND WATER QUALITY a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact With Mitigation IncOIporation ~ The proposed project will create urban pollutants typical of any development, including oils and other substances. To ensure water quality standards and discharge requirements will not be violated, the applicant is required to provide proof a having filed a Notice of Intent with the Santa Ana Regional Water Quality Board, in accordance with the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of a grading pennit. The applicant shall provide a storm water pollution prevention plan (SWPPP) for post construction which describes Best Management Practice (Bump's) that will be implemented for cleaning, building 22 AQENDA ITEM NO. 3/ PAGE -;;27 OF J~ 1 maintenance, landscaping and irrigation. Compliance with NPDES and BMP regulations ensures that significant water quality impacts will not result with the project and violation of standards and requirements will not occur. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, ....." such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Less Than Significant Impact The project site is not considered a significant groundwater recharge area given that the site is located near Interstate 15, Highway 74 (an Urban Arterial) and within an urbanized area. The proposed project will not include activities that will substantially deplete groundwater supplies or interfere with regional groundwater recharge. Significant impacts will not result. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in flooding on- or off-site? Less Than Significant Impact Onsite and upslope drainage flows will be conveyed into the public system located along public streets. Significant impacts are not expected. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? Less Than Significant Impact Onsite flows will be conveyed into the public system located along public streets. There are no streams or river courses located onsite. Significant impacts are not expected. "-"" e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant Impact The proposed project is a small commercial development that will not create excessive drainage flows. The project will not create any significant burden on the existing and! or planned drainage systems. t) Otherwise substantially degrade water quality? Less Than Significant Impact With Mitigation Incoq>oration As discussed previously, the project is required to obtain a Notice of Intent from the Santa Ana Regional Water Quality Board, in accordance with the Gtis National Pollutant Discharge Elimination System (NPDES) pennit. Compliance with this requirement ensures significant water quality impacts will not result. g) Place housing within a IOo-year flood hazard area as mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard delineation map? No Impact The proposed project is a commercial development. Residential development is not being proposed. There is no relevance to this issue. h) Place within a 100-year flood hazard area stmctures, which would impede or redirect flood flows? No Impact The project is not located within a lOo-year flood hazard (the project is within Zone X). There is no"-"" relevance to this issue. 23 AQENOA ITEM NO. .~ I ". PAGE Ji OF /~ 7 i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Less Than Significant Impact ,-.... Given that flooding will be controlled onsite and offsite, there is no significant risk of flooding and no significant exposure of people or structures to hazards. j) Inundation by seiche, tsunami, or mudflow? No Impact The site is not subject to these hazards. Sources of seiche conditions are not located nearby. MITIGATION MEASURES 1. The following shall be required prior to issuance of grading permit: a. The applicant shall obtain a Notice of Intent from the Santa Ana Regional Water Quality Board, in accordance with the Gtis National Pollutant Discharge Elimination System (NPDES) permit and comply with appropriate NPDES and Best Management Practices regulations. b. The project's drainage plan shall be reviewed and approved by the Gty Engineer. IX LAND USE AND PLANNING a) Physically divide an established community? No Impact The proposed project will construct commercial development consistent with neighboring commercial uses. The proposed project is not of a land use or scale that will physically divided the community. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal "..... program, or zoning ordinance) adopted for the pUlpose of avoiding or mitigating an environmental effect? No Impact The proposed commercial use is permitted by right according to the Gty's General Plan and Zoning Code. The project will not conflict with any applicable land use plan, policy, or regulation. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact As mentioned previously, the Gty has recently joined the Riverside County's Multi-Species Habitat Plan (MSHP). The project site is not located within any critical cell as delineated by the plan. There are no known NCXJ>s encompassing the project site or areas adjacent to the site. There is no evidence that there will be any adverse impacts on locally protected biological resources since the project site has been cleared and weed abated annually (Gty Weed Abatement Case No. 03-922). MITIGATION MEASURES None required. X MINERAL RESOURCES a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? No Impact ,-.... The project site is not known to have any mineral resource that may be of value to the region or State. There is no opportunity to affect this type of mineral resource. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact 24 AQENDA ITEM NO. 3 / PAGE :;J.,9 OF I ri..I1 The project site is not designated as a locally important mineral resource recovery site by any plan. There is no relevance to this issue. MITIGATION MEASURES """""" None required. XI. NOISE a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant Impact The proposed project will increase noise levels. However, increased noise levels generated by the proposed project will not be substantial enough to conflict with Gty noise standards. Any project-related noise will be "mixed" with existing traffic and operational noises already generated within the project vicinity form neighboring land uses and roadways such as Interstate 15 and Highway 74, and as a result, any incremental increase in project-generated noise will probably be masked to a great extent. Impacts are expected to be insignificant. b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? Less Than Significant Impact Likewise, neighboring persons will not be disturbed by significant noise levels. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact . The proposed project is not a land use or scale that will substantially increase ambient noise levels. As """""" discussed previously, the project site is located within an area characterized by other commercial uses similar to that being proposed by the project and is located in close proximity to Interstate 15 and Highway 74; therefore, the same level and type of noise will be generated by the project as are presently experienced in the general area. Significant impacts are not expected. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact There will be disturbances created by short-term construction activities. Noise generated by construction equipment can reach high levels. However, given the temporary nature of noise disturbances and because noise along Interstate 15 and Highway 74 already exist, it is expected that future noise levels will be "masked", thus, reducing the perception of noise disturbances. Furthermore, there are no sensitive receptors neighboring the project site which further reduces the level of any noise impact. e) For a project located within an aitport land use plan or, where such a plan has not been adopted, within two miles of a public aitport or public use aitport, would the project expose people residing or worlcing in the project area to excessive noise levels? No Impact The project site is not located within any airport land use plan. There is no relevance to this issue. t) For a project within the vicinity of a private airstrip, would the project expose people residing or worlcing in the project area to excessive noise levels? No Impact The project site is not located within the vicinity of a private airstrip. There is no relevance to this issue. .....", 25 AQENDA ITEM NO. 3 { PAGE 30 OF Je)./2 MITIGATION MEASURES "'" None required. XII. POPULATION AND HOUSING a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less Than Significant Impact The proposed project is located within an area that is presendy anticipated for commercial development based on the site's General Plan and Zoning designations. Furthermore, commercial development already exists near the project site. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact Residences are not located on the project site. There is no relevance to this issue relating to displacement. c) Displace substantiahlumbers of people, necessitating the constlUction of replacement housing elsewhere? No Impact Residences or populations are not located on the project site. There is no relevance to this issue relating to displacement. MITIGATION MEASURES "...., None required. XIII. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? Less Than Significant Impact The Riverside County Fire Department provides fire protection and safety services to the City. The nearest fire station is No. 10, which is located just off Main Street in downtown Lake Elsinore at 410 West Graham Avenue. The project will not result in activities that create significant impacts. Ambulance and paramedic services are provided by AMR. Design of the proposed project is required to comply with Fire Department requirements and standards to ensure adequate fire protection improvements and access are provided. b) Police protection? Less Than Significant Impact Law enforcement services are provided by the City's Police Department as part of the Riverside County Sheriff's Department. The nearest sheriff's station is located at 333 Limited Avenue. Traffic enforcement is provided for Riverside County in this area by the California Highway Patrol with additional support from the local County Sheriff's Department. "'" c) Schools? Less Than Significant Impact 26 AGiENDA 'TEM NO. "3 I PAGE 3i OF jGJJ The proposed project is a non-residential project and will not directly increase student enrollment at schools within the Lake Elsinore Unified School District. No significant impacts are expected. To offset any impact, the project is required to pay appropriate school fees, in accordance with SB 50. d) Parks? Less Than Significant Impact ....., Likewise, the proposed project is not of a land use that will significandy affect park and recreational facilities. The project will have less than a significant impact. The applicant shall pay applicable in-lieu-of park fees to the aty, as required or necessary. e) Other public facilities? Less Than Significant Impact The proposed project is not of a land use that will affect other governmental services. The project will have less than a significant impact. To offset any impact, the proposed project is required to pay appropriate library fees. MITIGATION MEASURES 1. Prior to issuance of building permit, the applicant is required to pay appropriate school, park, and library fees. 2. Prior to issuance of building permit, all building and improvement plans must show that the project complies with the requirements of the Riverside Gmnty Fire Department. XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? No Impact ..., The proposed project and applications are not of a use that will burden existing parks or other recreational facilities. To offset any impact, the project is required to pay appropriate park fees. b) Does the project include recreational facilities or require the constIUction or expansion of recreational facilities, which might have an adverse physical effect on the environment? NQ Impact The project does not include recreational facilities. Payment of park fees ensures that significant impacts will not result. MITIGATION MEASURES No additional mitigation is required beyond payment of park fees. XV. TRANSPORTATION/TRAFFIC a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Less Than Significant Impact With Mitigation Existing Omditions (and at)' Threshold of Significance) The predominant intersection that will be affected by the proposed project is the intersection of Dexter Street and Central Avenue. Presendy, the intersection is operating at a Level of Service (LOS) "C' for the a.rn. peak hour traffic condition and LOS "A" for the p.rn. peak hour condition (Traffic 27 ....., AQENDA ITEM NO. 3 J PAGE-'32.0F /dv1 ,,-.... Infrastructure Fee Study (May 24, 2004) Technical Memorandum No.1, Table 4). LOS "A" reflects a free flowing intersection with minimal delays. It is the best condition that exists for an intersection. LOS "C' is also an adequate intersection condition as it reflects an intersection that has average delays. For a traffic impact to be considered significant, the traffic must result in LOS "E" or LOS "F." Project Traffic Proiection The proposed project consists of a 4,721 square foot fast food restaurant with a drive through window. Based upon the size and type of restaurant proposed, the proposed project will generate 1,171 weekday daily trips, including 115 a.rn. peak. hour vehicle trips and 76 p.rn. peak. hour vehicle trips. (Institute of Traffic Engineers, Trip Generation 6th Edition, Land Use Category: Fast Food Restaurant with Drive Though Wmdow, IlE Oxie 834). (The addition of the proposed project's a.rn. and p.rn. peak. hour vehicle trips to the existing conditions at Dexter Street and Central Avenue will not result in a changed level of service worse than LOS "D"). As a design feature, the proposed project will realign its Dexter Street frontage by converting the existing radius to 1,600 feet and improving the street one-half width. These circulation improvements, coupled with peak. hour vehicle traffic that does not exceed the Otis LOS standards, will result in project traffic impacts that are less than significant. Year 2025 Analysis In addition to traffic projections for the proposed project, the Oty of Lake Elsinore ("Ot)"') recently developed a Traffic Impact Fee Study ("TIF StudY') in an effon to further address cumulative and year 2025 build out conditions for the Oty. The TIF Study is comprehensive. It analyzed existing conditions, developed and validated a Oty traffic model, developed year 2025 traffic models and land use, and assessed road infrastructure needs and costs to maintain adequate traffic levels of service. The TIF Study developed a mitigation fee based on p.rn. peak. hour trips generated and established a reasonable or "fair share" fee for proposed projects on both a residential dwelling unit basis and a per square foot basis for commercial and industrial projects. The TIF Study concludes that the proposed project's Traffic ,...... Infrastructure Fee for traffic impact mitigation is $15,815.35 (4,721 sq. ft. x $3.35 per sq. ft. = $15, 815.35). This fee represents a fair share contribution that will enable the Oty to address the year 2025 recommendation for the affected intersection of Dexter Street and Central Avenue that includes full build out to the Otis General Plan Grculation Element plus right turn lanes for each intersection approach. (Traffic Infrastructure Fee Study (February 27,2002) Technical Memorandum No.5, Table A- 2.) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? No Impact Central Avenue (State Route 74) is a CMP (Qmgestion Management Plan) route. The existing LOS" A" and "C' peak. hour conditions for Central Avenue at Dexter Street are adequate and will remain so with the proposed project's additional traffic and mitigation (Standard for CMP is LOS "E" or "F"). c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact The proposed project will not affect any air traffic patterns. d) Substantially increase hazards due to a design feature (e.g., shatp curves or dangerous intersections) orincompatible uses (e.g., farm equipment)? Less Than Significant ,,-.... The proposed project is conditioned to improve the 300 foot radius curve along it's frontage to 1,600 feet. The 1,600 foot radius complies with the design parameters for the Otis General Plan Grculation Element. The primary access driveway for the proposed project is located on Dexter Street. The location and design of this access driveway will contain drive through traffic on site. An additional access drivewayis located on Gcme Street, a local street that will not be affected by the proposed project's drive through traffic. 28 '3 I AGENDA ITEM NO. . - PAGE.l.5- OF j-::J..~ e) Result in inadequate emergency access? No Impact The applicant shall comply with all County Fire Department requirements, ensuring that the proposed project will have adequate emergency access. f) Result in inadequate parking capacity? No Impact ...." The proposed project is required to provide 53 parking spaces in accordance with the requirements of Section 17.66.030D.13 of the Lake Elsinore Municipal Code (LEMq. The proposed project will provide 54 parking spaces including 3 handicap spaces in compliance with both LEMC parking requirements (1 space per 45 square feet of customer area, and 1 space per 200 square feet of non- customer area) and ADA requirements. g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? No Impact The proposed project is not of a scope or scale that will significantly conflict with any policy, plan or program relating to alternative transportation. MITIGATION MEASURES Prior to issuance of grading permit, the applicant shall comply with the following: 1. Pay $15,815.35 in traffic impact fees as designated by the City's TIF Study. 2. Dedicate sufficient right-or-wayalong the frontage of Dexter Street to provide for a future 100 foot wide street (50 foot half-section) with a 1,600 foot radius. (The City's Standard 100 foot right-of-way is classified as a Major Road which provides 4 lanes of travel). Contribute cash in-lieu fee far rwdwty rmIian an Dex ter for fiJ1 fronta~ lengh if prrj<<t. D<<Iicate fiJ1 0 Wdth ani cunstruc1 0 Wdth irrpracerrmts an Crarx! Strret. A dd<<i at Planning CHmission Hazring, anA pri120, 2004. 3. Prepare a traffic control plan to show all traffic control devices and signage, including, but not limited to, "No Parking" and street sweeping signs. The traffic control plan shall also detail access improvements that comply with the City's requirement that drive through traffic be contained on site. 4. The applicant shall acquire County Fire Department clearances, and obtain approval of emergency access conditions. 5. Construct adjaceRt p1:lblie streets (DeJftcr Street and Cr..ne Street) prior t-o btHldmg permit. Removed per the direction of the Planning Commission Meeting of Apri120, 2004. ......., XVI. UtILITIES AND SERVICE SYSTEMS a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Less Than Significant Impact The project will likely create urban pollutants typical of any development, including oils and other substances. As previously mentioned, the project will be conditioned to provide proof of having filed a Notice of Intent with the Santa Ana Regional Water Quality Board, in accordance with the National Pollutant Discharge Elimination System (NPDES) program. The NPDES permit is required for any discharge of wastes to surface waters, resulting from dewatering during construction, and nmoff from construction. The permit includes a list of Best Management Practices which outlines measures to be undertaken by the applicant to guard against accidental contamination of ground waters and surface waters. Compliance with the foregoing ensures significant water quality impacts will not result. b) Require or result in the constnJction of new water or wastewater treatment facilities or expansion of existing facilities, the constnJction of which could cause significant environmental effects? Less Than Significant Impact ......., 29 AGENDA ITEM NO. Y J PAGE -3!i. OF / a.. r; ~ The proposed conunercial development is not of a land use or scale that would require new construction or significant expansion of existing facilities. As with any development, the proposed project is required to contact the Elsinore Valley Municipal Water District (EVMWD) and acquire "will serve" clearance from the district. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant Impact The proposed project is not of a scale or land use that will require new construction or expansion of existing facilities. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Less Than Significant Impact The proposed conunercial development is not of a land use or scale that would require new construction or significant expansion of existing facilities. The project will be serviced by EVMWD with proper clearances and approvals. New or expanded entitlements are not required. e) Result in a determination by the wastewater treatment provider, which serves or may selVe the project that it has adequate capacity to selVe the project's projected demand in addition to the provider's existing commitments? Less Than Significant Impact Wastewater service is currently provided by the EVMWD. The proposed project is required to acquire necessary clearances and will-serve authorization from EVMWD /"" f) Be selVed by a landftll with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Less Than Significant Impact The proposed commercial development is not of a land use or scale that would significantly impact solid waste services or facilities. g) Comply with federal, state, and local statutes and regulations related to solid waste? Less Than Significant Impact The project does not propose activities that will significantly impact solid waste services or facilities. The project will not conflict with any statutes or regulations. Therefore, no such impact will result from the proJect. MITIGATION MEASURES dearances by the aforementioned public agencies and departments are required of any development project and therefore, are not included as mitigation measures. No additional mitigation measures are required. v. MANDATORY FINDINGS OF SIGNIFICANCE The following are Mandatory Findings of Significance in accordance with Section 15065 of the CEQA Guidelines. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below /"" self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less Than Significant Impact 30 AQENDA ITEM NO. ~ f PAGE 35 OF j;)" 1 Based on evaluations and discussions contained in the Initial Study and Mitigated Negative Declaration, the proposed project and applications have limited potential to degrade the quality of the environment. The proposed project and applications will nQt significantly affect the environment if standard Gty, State and appropriate agency and district procedures and requirements are complied with and followed. b) Does the project have impacts that are individually limited, but cwnulatively considerable? (" Cumulatively considerable II means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Less Than Significant Impact ......, The proposed project will not have impacts that are individually limited but cumulatively considerable if standard Gty, State, and appropriate agencies' and districts' procedures, requirements and mitigation measures are complied with and followed. Given that project impacts are insignificant, cumulative impacts are not foreseen. c) Does the project have environmental effects, which will cause substantial adverse effects on hwnan beings, either directly or indirectly? Less Than Significant Impact The proposed project does not have the potential to significantly adversely affect humans, either directly or indirectly if standard Gty, State, and appropriate agencies' and districts' procedures, requirements and mitigation measures are complied with and followed. VI. PERSONS AND ORGANIZATIONS CONSULTED This section identifies those persons who prepared or contributed to preparation of this document. This section is prepared in accordance with Section 15129 of the CEQA Guidelines. A CITY OF LAKE ELSINORE ....., . Robert A Brady, Director of Community Development . Annando G. Villa, Code Enforcement and Planning Manager . Linda M Miller, Associate Planner . Ken Seumalo, Engineering Manager B. OTHER AGENCIES . Daniel Wagner, Fire Safety Specialist, Riverside County Fire Department . Bill Walsh, Ollef of Police, Lake Elsinore ......, 31 AQENDA ITEM NO. ~ I PAGE 3~ OF /;).1) "..... 1. 2. 3. 4. s. 6. 7. ~ "...... VII. REFERENCES Lake Elsinore General Plan Final EIR, approved by Gty of Lake Elsinore, 1990. "Mitigated Negative Declaration 2002-04" for Tentative Parcel Map 30302, Gty of Lake Elsinore, September 2002. "Traffic Impact Fee Study (TIF), Gty of Lake Elsinore Road Fee Program" for Gty of Lake Elsinore, LSA, April 11, 2002. Gty of Lake Elsinore "Memorandum" dated December 31, 2003 by Chuck Mackey, Gty Traffic Engineer Institute of Transportation Engineer's 1997 Trip Gerrration manual (6th Edition, Washington, D.C, U.SA). "Traffic Infrastructure Fee Study (May 29, 2001) Technical Memorandum No. 1." "Traffic Infrastructure Fee Study (February 27,2002) Technical Memorandum No.5." 32 AQENOA ITEM NO. 3/ .,' PAGEU OF } 'J.. ') ....", APPENDIX 1. Property Location Map 2. Site Plan 3. "T raffle Impact Fee Calculation, City of Lake Elsinore" 4. City of Lake Elsinore Memorandum, dated December 31,2003 5. Mitigation Monitoring Program ~ ....",. 33 AQENOA ITEM NO. ~~ / " PAGE 31 OF Id-. fJ, BID I / ,~" (') ED fI I1J r$'{'~' -f r- -a I.<~~ ZO ~ . .. - :I: - 0 0 0 "11 CD CD o i ~ ~ 3_ 03 0 .., "U ~ g 0 :: :r.oc . 3 0 ~ "U "11 <: ;!- !!t n ~ i ~ ~ 0 3: (") Q. if .,. :;- ..... :r "'CD g i if 00 l! ~ ~ 8. '" AJ 0.., Q) "C ii" CD CD :> 00 Q) =. CD g .... '" "U CD !:t.CD a: ID a 0 c..> -. n .~ "C :;- :r "i r+ g~ 00 Q) 0-0 ID a r-- :> CD C 01.., Q. '" .., "11 Q) .2. ID n ::J CD ~ r+ $l- CD '" ,,-.... II~ ...., ,~ , , ,~ C'~ ~~ '1.,,~ ~.. oS';. ~~ ~~ ~,. ,~ ~~ ~~ ~~ ~ ~# ~~ ~~ , ~.. ~~ ,. ,. ; ; ~~ ~~ ~~ ~.. ~~ ~~ ~~ ~.. , , ~.. ~, ::J r+ """"~ 010 r+ Q) r+ CD :::00 -'m a. _ (1)' -i ~Dl O~ ::J. (/) ~<:> < ..:f (1) (J)T ~ ~'b ,....... r 0 i l>> - ~.....:t "8~~~ l>> co !!!. 0 r- ~....... ~ 3: I>> .0)0 ~ !!.""'(jl!!!.. f/) -f'o- ~ :i"w00m o....)>ct;r ~~fSi5" o 01-0 <0 ~ a; --- o ::J (1) < a ~ (') N "TI c r+ C CD en ;::0: CD 0 - (') (') 0 ~ '" (') 0 Q) ::J a. r 0 :E CD en mo co cac (1)Cf!. ...,m (/) ~<:> ~ ~'" ~ '" o o 3 3 (1) o ~ en ;::;: (1) (') I '" ""0 ;::0 o c... m () -I (J) -I m '1<< '1." oS';. (') I '" (') I '" o o c ~ .:< o - -f CD ::J r+ Q) r+ <' CD -0 Q) .., o ~ s: Q) "0 c..> o c..> o '" (') I '" :::0 <" (1) (jJ Ci (1) , ~ ~.. ~.. ~.. * ; ; ~ ~.. ,4t')~~ tb+'~'" ~~, ~~ .f~ "', ~~ ,. , ,. , J" ; :5 ; ENDA ITEM NO. i~ A 37 OF IJ.~ , PAGE " ~ ~.. ~ "-" ....., UtC-ta (lwt :m Itlllly')'NosW;) ~nss1SVJ'1'9 ltSO-m',"D' nt.-m'," srzno.AIYJI ()'B)NV =lDN.W) "'" Y.).....1"'*"N. on III!"S .....~_ w.a.nD 'JIONnI 11M JI1NIo\V8DlJlIllttl lNWnVJS3lI S.WOl. aOO.A\lIBClNO UDIOIg I NOI...O..OO ....0..'.0 . .&0.&'..0... -we '...0.. .. ....yl' z z ! 0 I=IIJ .I!"3:!o j JIsi a di ~Io ~~~ m ~ " m' 'lIIY ~ ~~ f i f ~ ~! 1~~ljil; lu! "- ~l liJi;IH~ " " , J.. d!2JI)J iUj Jlldl.. U '. I!i II, lei, __J -~--- "WA" H.'n" --;J HI I nl, I I I I I I~ x Iih IiI ~E It! III 10~~ 0..3 ~ CI) I I ~ I; ~I B, ;, t AGENDA ITEM NO. PAGE t;Q OF-.l~L- I CITY OF LAKE ELSINORE PJ::'--', 'r::r OEe 3 1 l003 '-'" PLANNING OEP-r REVISED DRAFT TECHNICAL MEMORANDUM NO.8 TRAFFIC IMPACT FEE CALCULATIO"N CITY OF LAKE ELSINORE ROAD FEE PROGRAM CITY OF LAKE ELSINORE RIVERSIDE COUNTY, CALIFORNIA f' Prepared for: """'" City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 " Prepared by: LSA Associates, Inc. 1650 Spruce Street, Suite 500 Riverside, California 92507 (909) 781-9310 LSA Project No. CLE030 L SA ......., April II, 2002 3' AGENDA ITEM NO. _ . \ ; PAGE_ lf1 OF~1-- ~ TABLE OF CONTENTS PAGE INlRODUCTION ....................................................... . . . . . . . .. I TRAFFIC IMP ACT. FEE CALCULA nON ................................-............ t RECOMMENDATION: CITY OF LAKE ELSINORE TRAFFIC IMPACT FEE ............. to TABLES ~ TableA: Eligible Costs.forImprovements to Existing Roadways Within City ................. J Table B: Eligible Costs for New Roadways Within City .................................. 5 Table C: Eligible Costs for Improvements to Existing Rpadways Within Sphere of Influence .. . .. 6 Table D: I;:ligible Costs for New Roadways Within Sphere of Influence . . . . . . . . . . . . . _ . . . . . . .. 7 Table E: Eligible Costs for Intersection Improvements. . ~ . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 Tabl~ F: Eligible Costs for Bridge Improvements Within City. . . . . . . . . . . . . . . . . _ . . . . . . . . . . . .9 Table G: Eligible Costs for Bridge Improvements Within Sphere of Influence ..... . . . . . . . . . . .. 9 Table II: Eligible Costs for Freeway Interchange Improvements Within City Limits ........... 10 Table I: Eligible Costs for Freeway Interchange Improvements Within Sphere of Influence ..... 10 Table J: Total Eligible Improvement Costs. . .. . . . . . . .. .. .. ...... . . . .. . .. . . :.. . . .. .. . . .. 10 Table K: P~M.Peak Hour Pee Calculations .. . . . . . . . . . . . . . . . .. .. . . . .. . . . . . ... . . .. . . . ... II ~ R:\CI..Bl3O\TcchMemos\No 8 - Fee Progr.un\Reviscd2\toc.wpd (3125102) AGENDA ITEM NO. .31 PAGE If?- OF 1~1 'LSA ASSOCIATES. INC, APRIL tut TRAFFIC 'MPACT FEE CAl.CULATION LAKE ELSINORE ROAD FEE PROCRAM ....., INTRODucnON This technical memorandum represents the culmination of products from all previous tasks associated with the City of Lake Elsinore Road Fee Program. Through the development of the traffic model, future 2025 land uses and new development increments were identified. Using the newly developed traffic model, the generation of future year 2025 traffic volume forecasts provided estimates of future year roadway needs to accommodate the new development at standard levels of service (LOS). Within the City of Lake Elsinore and its Sphere of fnfluence (SOl), the standard is LOS D. Cost estimates have been developed for those roadway needs, and the trips that would be eligible to participate in the cost-sharing (i.e., traffic impact fee) have been presented for those roadway improvements. This technical memorandum completes the overall work program, and presents the potential traffic impact fee for new development in the City of Lake Elsinore and its SOL TRAFFIC IMPACf FEE CALCULATION In its simplest form, the potential traffic impact fee is the cost of a roadway or intersection improvement that is necessitated by new development divided by the peak hour traffic attributable to new development at that location. f' The roadway and intersection improvements necessary to support new development through the year 2025 have been identified using the City of Lake Elsinore traffic'modeL A complete discussion of the traffic model, including the validation report, can be found Lake Elsinore Traffic Model: Model - Input Data, Process, Parameters, Results, find User's Guide (LSA, October 12,2001). The roadway and intersection improvements were determined by adding future development traffic onto the existing circulation system and condu~ting a deficiency (i.e., LOS) analysis. This deficiency analysis is detailed in Technical Memorandum No.5: Future Recommendations (LSA, February 27,2002): New development traffic that may be eligible to participate in a traffic impact fee program is defined as those new trips that have an origin and/or destination within the City aild its sphere of influence. The calculation of eligible trips is included in Technical Me1tl()r(mdwn No.6: Eligible Trips (LSA, February 27, 2002). The calculation of improvement cost estimates is included in Technical Memorandum No.7: Cost Estimates (LSA, February 27, 2002). ...., It is noted that by allocating costs to eligible trips, many of the roadway and intersection improvements will not be fully funded by the traffic impact fee program. Those trips that have no origin or destination in the City or its SOl and those trips attributable to institutional uses have been omitted from the calculation and hence the traffic, impact fee program. The City will need to seek other means to fund this portion of the overall cost of circulation improvements. The roadway and intersection improvements that are necessary to support new development at LOS D have been reviewed by Fuscoe Engineering to determine cost estimates for their construction. The parameters for the cost estimating are detailed in Technical Memorandum No.7: Roadway , Improvement Cost Estimates. In sum, the cost estimates: I. Are based on 2002 dollars. 2. Do not include right-of-way costs. ....., R:\ClEOJO\TechMemos\No 8 - Fee Progmn\Revised2\lrip fee calc.wpd (4111102) '3J AGENOA \lE~J~30. I T~ PAGE~ J-OF_ LSA ASSOCIATES. INC. APRIL 10.'1 TRAFFIC '''PA.CT FEE CA.LCULATION t.AXE ELSINORE ROAD FEE 'ROGRAM .".... 3. Include only improvements required to add capacity needed to maintain City LOS standards. 4. Do not include non-capacity enhancing improvements. such as landscaping. street lighting. sidewalks, parkways. etc. The sum of the cost estimates represents the total cost (in 2002 dollars) to construct the circulation system needed to accommodate new development anticipated to be completed by 2025. Trips generated by new development with either an origin and/or destination within the City of Lake Elsinore and its SOl are considered eligible to participate in the funding of these improvements. Table A summarizes the calculation of the cost of improvements to existing ro~wayswithin the City limits that is attributable to new development within the City and its.SOI. Table B summarizes the calculation of the cost of new roadways within the City limits that is attributable to new development Table-C summarizes the calculation of the cost of improvements to existing roadways -within the SOl that is attributable to new development Table D summarizes the calculation of the cOst of new roadways within the SOl that is attributable to new development The fIrSt three columns of each table describe the arterial segment and its limits. The next column illustrates the total cost estimate for arterial improvements as documented in Technical Memorandum No.7: Cost Estimates. The next set of columns summarizes the eligible trip percentage determined in previous technical analyses documented in Technical Memorandum No.6: Eligible Trips, followed by the cost attributable to the eligible trips. ",.....,. Table E presents the calculation of the cost of intersection improvements attributable to new development withili the City and its SOL The first three columns describe the intersection location. . the intersection reference number. and notation as to whether the intersection is in the City or the SOL The next column shows the total cost estimate for the improvements. The next set of columns summarizes the eligible trip percentage determined in previous technical analysis. followed by the cost attributable to the eligible trips. Table F presents the calculation of the cost of bridge improvements withiit the City limits that is' , attributable to new development within the City and its SOl. Table G presents the calculation of the cost-ofbridge improvements within the SOl that is attributable to new development. The first two columns of each table describe the bridge location and the required improvement. The next column . summarizes the total cost estimate for the improvement. The next set of columns illustrates the eligible trip percentage determined in previous technical analyses. followed by the cost attributable to the eligible trips. Table H presents the calculation of the cost of freeway interchange improvements within the City limits that is attributable to new development within the City and its SOL Table I presents the calculation of the cost of freeway interchange improvements within the SOl that is attributable to new development within the City and its SOL The first column of each table describes the interchange location. The next column shows the total cost estimate for the improvements: The next . set of columns summari.res the eligible trip percentage. followed by the cost attributable to the eligible trips. Per theCity, the eligible trip percentage for interchange improvements is 50 percent.. ~ AceN~::~~~F 1~? R:\CLBl3O\Tcd1Memos\No 8 - Foe Prognun\Reviscd2\trip foe caIc.wpd (4/IIJ02) LSAASSOCIATES.INC. Lakeshole Drive Lakeshore Drive Lakeshore Drive Lakeshore Drive Lakesbore Drive Lake St Riverside Dr Grah;un Ave Main St A venue 6 RiverSide Dr Graham Ave Main St Avenue 6 R,ailroad Canyon Rd 2,393,5'50 2,393,550 1,382,940 1,4~53,5 957,420 100 .()";' 98.1% 98.4% 98.3% 98.3% 2,393,550 2,347,831 1,361,114 1,384-,901 940,958 RiverSide Drive Riverside Drive State Route 74 4/11/02 (R:\CLE030\TechMemos\No 8 - Fee Program\Revised2\Fees.xls\Arterials-lmprove-City) AGENDA ITEM N~_ ;3J, PAGE ~. JF ~/;l7 ....., ."'wIfII y LSAASSOCIATES.INC. ~ ~ "'11/02 (R:\CLE030\TechMemos\No 8 - Fee P~gram\Revised2\Fees.xls\Arterials-lmprove-City) AGENDA. m:lA NO.~ PAGE_ ~_OF__ ~..~ --LSAASSOCIATES. INC. 4/11102 (R:\CLE030\TechMemos\No 8 - Fee Pmgram\Revised2\Fees..x1s\Arterials-New-city) ]' ACENDA\TEMJjO:- . 1~rf: PAGEJ7-Of-" .. J ....., ....., LSAASSOCIATES. INC. Bundy Canyon Road Mission Trail OnInge St 1.223.370 94.S% 1.156;094 Bundy Canyon Road 0nInge St I-IS IWnp 265.950 863% 229,462 Bundy Canyvn ROad I-IS Ramp MontcVista 452,115 98.0% 443,233 .~ Caro'On Road Monte Vista Cottonwood Canyon Rd 3,217.995 100.0% 3,217,995 Bundy Canyon Road - Cottonwood Canyon Rd Murictta Rd 1.382,940 41.2% 569.466 .- 4/11102 (R;\CLE030\TechMemos\No 8 - Fee Program\Revised2\Fees.xIs\Arteria-lmprove-SOI) ACENDA ITEM NO. 31 PACE 'if"S' -OF-l.-:L?_ .LSAASSOCIATES.INC. 4/11/02 (R:\CLE030\TechMemos\No 8 - Fee Program\Revised2\Fees.xls\Arterials-New-SOI) AGENDA ITEM No.3! PAGE _ LJ7- OF f();7 J J ,...."" LS......SSOClATES.IHC. ,.... Table E: Eligible Costs for Intersection Improvements OrivdTan Colla Road 7 2-4S,ooo 100.0% 9 168.000 100.0% 12 I1S,ooo 78.]% .. )83,600 98.7% 18 2S9,ooo 100.Q% 20 126,000 99.-4% 12S,191 22 O. 100.0% 0 24 17S,ooo 84.3% 27 . 2-4S,OOO' 100.0% 31 17S,OOO 100.0% 33 17S~000 100.0% 35 196,000 100.0% 196,000 37 63,000 98.3% 61,911 ,--.. 39 308,000 100.0% 308,000 43 10,000 100.00/. 10,000 46 17S,OOO 100.0% 175,000 48 210.000 93;1% 195,464 52 105,000 98."''' . .- S4 126,000 99.3% 125.161 56 175,000 98.9% 173,I2S 59 0 100.00" 0 61 168,000 100.0% 168,000 63 0 100.0% G-....... 65 0 98.9% 0 . 67 115,000 62.0% 108.476 69 175,000 12.r" 126,417 ill DrivdLa Str3da 71 99.8% 114,578 Obi Costs 8,087 455 Noles: ,....... (I) Includes 005110 rdocate inlersoctioo approximatdy 600 fed 10 the WesL AGENDA [lEM NO. 3 f. "'1j . PAGE_ ~o _OF~ --- 4/11101 (R:\CLE030\TechMemoslNo 8 . Fee Program\R<:visod2\Fcxs.xls\1ntersections) LSA ASSOCIATES. (NC. Table F: Eligible Costs for Bridge Improvements Within City iecond Street over I-IS Construct two lane beige 1,075,200 12 607 00 loo.Q% 1,015,200 12 019871 ~otal Costs Source = City of Lake Elsinore 4/1 1102 (R:\CLE030\TechMemos\No 8 - Fee Program\Revised2\Fees.x1s\Bridges) AGENDA ITEM NO. _ <3,-~ PAGE2/~OF-1~1 """"" .....; ....,; LSA ASSOCIATES. INC_ APRIL 2.02 TRAFFIC IMPACT FEE CALCULATION LAK.E ELSINOR.E R.OAD FEE PROGRA.M '" Table H: Eligible Costs for Freeway Interchange Improvements Within City Limits Table I: Eligible Costs for Freeway Interchange Improvenients Within Sphere of Influence . . . Interchange Cost Estimate Eligible Trips Eligihle Cost ! . . Olive StreetII -15 $ 5,315,000 100% $ 5,315,000 Total $ 5,315,000 S 5,315,000 Table J summarizes the total costs and the costs attributable to eligible trips for each type of improvement. As this summary indicates, the total improvement costs are $180,879,005. That portion of the total cost that may be attributable to new development with traffic having an origin . and/or destination in the City and its SOl is $164,424,348~ ,.-... Table.1: Total Eligible Improvement Costs Interchange - SOl Total $ S 5,315,000 180,879,005 $ S , 5,315,000 164 424,348 RECOMMENDATION: CITY OF LAKE ELSINORE TRAFFIC IMPACT FEE The improvement costs eligible for inclusion in the proposed traffic impact fee program are $162,424,348. As documented in Technical Memorandum No.6: Eligible Trips, new development ,.... through 2025 that will be subject to the proposed fee program will generate 96,035 p.m. peak hour R;\CLE03O\TedtMemos\No 8 - Fee Program\Revised2\trip fee caIc.wpd (411IJ02) 10 .., I AGENDA ITEM NO. ~ PACE '.5;:2 OF .-J} IJ LSA ASSOCIATES. INC. AFIUL un TtAfFlC IMFACT"fEE CALCULATION LAIC.E ELSINOkE ROAO FEE rRoca"... trips. The eligible costs were allocated to the total eligible new trips to produce a <<per trip fee" for each type of improvement. Table K sUJlllllarizes the calculation of these fees. Table K: P.M. Peak Hour Fee Calculations Interchange - SOl Total $ S ;55 1,712 I~ 03 $ S 5,315,000 164,424,348 Allocating the eligible costs to the eligible trips contributing to the need for identified improvements yields a cost of $1,712 per eligible p.m~ peak hour trip. Therefore, to cover the costs of the identified improvements, it is recommended that the City assess future development a traffic impact fee of $1,712 per p.m. peak hour trip. - It should be noted that this is the maximum fee that can be assessed under tJ:te parameters defined for this program. The totalfee can be reduced if specific improvements are removed from the fee" - .program. However, since all improvementS identified in this program are required to support future developtnent, the City must make provisions to ensure that any improvements that are removed from tb,e program will be financed through some other funding source. R:v::fBBO\TechMemos\No 8 - Fee Program\Revised2\trip fee caIc.wpd (41IIJ02) 11 AGENDA lTE~NO. PAGE 5'3 -."., ( ~L~../~'~rfs ~471 ~c.'T;J ~+ ....." "..." .'31 I -" OF J?? ,.-... CITY OF LAKE ELSINO~TY OF LAKE ELS!N0RE . RECEIVED MEMORANDUM DEe 3 1 2003 PLANNING DEPl: FROM: Linda Miller, Senior Planner Chuck Mackey, City Traffi~ Engineer H"f TO: DATE: December 31, 2003 SUBJECT: TOM'S RESTAURANT TRAFFIC IMPACT ANALYSIS The purpose of this memorandum is to document the traffic impact analysis process used for Tom's Restaurant. Off-site. Tom's Restaurant will generate a certain amount of traffic during peak hour times when traffic is most heavy. This traffic which is attracted to the restaurant site will consist of new and pass-by traffic. Conducting a traffic study of these impacts would indicate the degree of mitigation measure required. However, this procedure already has been accomplished by the development of the City's ,--.... Road Fee Program. During the program's development of the traffic model, future 2025 land uses and new development increments were identified. .The traffic model was then able to generate future year 2025 traffic peak hour volume forecasts and identify roadway needs to accommodate new development. Also identified were the new development trips eligible to participate in the cost-sharing (Le., the traffic impact fee). From these factors, the cost for a P.M. peak hour trip for new development was calculated. In its simplest form, the traffic impact fee is the cost of a roadway or intersection improvement that is necessitated by new development divided by the peak hour traffic attributable to new development at that location. For many developments, including this project, charging traffic impact fees takes care of the proposed project's traffic impacts. On-site. The site's driveway location on Dexter Avenue was relocated from the original site plan to about 100 feet south. This change was done to assure that the drive-thrulane would not over flow back onto DexterAvenue. Any over-flow traffic will be contained on site. ,.-... AGENDA \lEM NO~/J ~tJ PAGEJ~!l:- OF _ 0"Ii-I- ,...., COMMEROAL PROJECT NO. 2003-05 CONDITIONAL USE PERMIT NO. 2003-13 MITIGATION MONITORING PR<X;RAM ......., Prepared By: OTY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92530 Applicant: JIM BICKEL Bickell1nderwood MAY 2004 ,...., AQENDA ITEM NO. 3/ 'PAGE S5 OF 1:27; ""' COMMERaAL PROJECT NO. 2003-05 CONDITIONAL USE PERMIT NO. 2003-13 MITIGATION MONITORING PROGRAM Effective January 1, 1989, the California Environmental Quality Act was amended to add Section 21081.6, implementing Assembly Bill (AB) 3180. As part of CEQA environmental review procedures, AB 3180 requires a public agency to adopt a monitoring and reporting program for assessing and ensuring efficiency of any required mitigation measures applied to proposed developments. As stated in Section 21081.6 of the Public Resources Code: "...the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted, or made a condition or project approval, in order to mitigate or avoid significant affects on the environment." Section 21081.6 of CEQA provides general guidelines for implementing monitoring and reporting programs. Specific reporting and! or monitoring requirements, to be enforced during project implementation, shall be defined prior to final approval of the project proposal by the responsible decision maker(s). Section 21081.6 requires the proposed Mitigation Monitoring Program to be submitted for consideration prior to completion of the environmental review process to enable the decision maker's appropriate response to proposals. The Mitigation Monitoring Program is provided as part of Mitigated Negative Declaration No. 2003-05, pursuant to Section 15074 of the CEQA Guidelines. Mitigation measures included in this Mitigation Monitoring Program are listed and categorized by impact ~ topic, with an accompanying discussion of: . The party responsible for implementation of mitigation measure. . The phase of the project during which the measure should be monitored. . The method of verifying compliance with mitigation measure. . The agency responsible for monitoring compliance with mitigation measure. ""' AQENDA ITEM NO. 3 \ ."~ PAGE~OF 12,7 'I. ..~t. ~ A CULTURAL RESOURCES ,...." 1. 'Throughout site grading, should any archaeological, paleontological, or historical artifacts be uncovered, work shall be halted and a cultural resources consultant shall be retained to assess the significance of the find and make reconunendations to ensure that impacts to the uncovered artifact is alleviated to the greatest extent feasible. The applicant is required to comply with the reconunendations of said consultant. o Responsible for Implementation: Applicant o Monitoring Phase: 'Throughout site grading o Method of Monitoring: Site inspections and review of any documents prepared by cultural resources consultant o Monitoring Agency: Gty Planning Division B. GEOLOGY AND SOILS 2. Prior to issuance of grading pennit, the applicant shall prepare and submit the following to the Gty Engineer for review and approval. a. Prepare a final grading plan. All grading activities shall occur in accordance with guidelines contained within of the Uniform Building Code and Gty requirements. b. Prepare an erosion control plan. Said plan shall meet the goals of the BMP in Supplement 'A" of the Riverside County NPDES Drainage Area Management Plan. c. Prepare final geotechnical report. Said report shall funher evaluate soils conditions and ...., discuss how project walls, foundation, drains, etc. will be supported. Report shall also indicate ground surtace acceleration from eanh movement. The structure shall be constructed in accordance with the g- factors indicated in the final geotechnical report. Calculations for foundation, footings, and structural members to withstand anticipated g_ factors shall also be submitted. 3. To reduce erosion, the applicant shall implement the following: a. Use sandbagging and temporary debris basins during construction. Erosion control shall be in place during the rainy season from November to March. b. The site shall be cleared of all obstructions, miscellaneous trash, debris, and organic material. c. All concentrated surtace water entering the project site from offsite sources shall be collected and directed to a permanent drainage system. 4. Grading and site preparation activities shall include the following: a. Site soils shall be compacted in accordance with Gty specifications in order to support foundation of proposed structure. b. Expansive soils shall not be placed at or near final grades unless special design and construction procedures to offset such soil conditions. c. To ensure slope stability, all designed slopes shall meet the minimum safety factor or 1.5 for static cases and 1.1 for pseudo static cases. d. Remove and replace all loose native soils with properly engineered and compacted fill soils during site grading. e. Foundation for new structure shall be founded within either bedrock or engineered and compacted fill soils. o Responsible for Implementation: Applicant . '-' A8ENOA ITEM NO. 3 I ;,;."" PAGE 37 OF fa; "...... I:l Monitoring Phase: Prior to issuance of grading permit I:l Method of Monitoring: Plan check of submitted plans and reports to ensure compliance. Monitor grading during construction. I:l Monitoring Agency: Engineering Divisions 5. Building foundation and structure shall conform to appropriate and applicable structural requirements contained in the aforementioned final geotechnical report, Uniform Building Code, recommendations of the Structural Engineers Association of California, and Lake Elsinore Municipal Code. I:l Responsible for Implementation: I:l Monitoring Phase: Applicant Prior to issuance of grading permit I:l Method of Monitoring: Review and approval of building foundation! structural plans and geology/geotechnical investigation I:l Monitoring Agency: Gty Building and Safety and Engineering Divisions C HYDROLOGY AND WATER QUALITY ~ 6. The following shall be required prior to issuance of grading permit: a. The applicant shall obtain a Notice of Intent from the Santa Ana Regional Water Quality Board, in accordance with the Gty's National Pollutant Discharge EIimination System (NPDES) permit and comply with appropriate NPDES and Best Management Practices regulations. b. The project's drainage plan shall be reviewed and approved by the Gty Engineer. o Responsible for Implementation: Applicant I:l Monitoring Phase: Prior to issuance of grading permit I:l Method of Monitoring: Review drainage plans for compliance. Applicant to provide proof of Notice of Intent I:l Monitoring Agency: Gty Engineering Division D. PUBLIC SERVICES 7. Prior to issuance of building permits, the applicant is required to pay appropriate school, park and library fees. Prior to issuance of building permits, all building and improvement plans must show that the project complies with the requirements of the Riverside County Fire Department. I:l Responsible for Implementation: Applicant I:l Monitoring Phase: Prior to issuance of building permit I:l Method of Monitoring: Applicant provide proof of payment of fees and submit appropriate plans Gty Building and Safety Division AQENDA ITEM NO. 3 I " PAGE2Z- OF I dv 7 "...... I:l Monitoring Agency: E. TRANSPORTATION/TRAFFIC ~ 8. Prior to issuance of grading permit, the applicant shall comply with the following: a. Pay $15,815.35 in traffic impact fees as designated by the Otis TIF Study. b. Dedicate sufficient right-or-way along the frontage of Dexter Street to provide for a future 100 foot wide street (50 foot half-section) with a 1,600 foot radius. ('The Otis Standard 100 foot right-of-way is classified as a Major Road which provides 4 lanes of traveQ. Contribute cash in-lieu fee for roadway median on Dexter for full frontage length of project. Dedicate full ~ width and construct ~ width improvements on Oane Street. c. Prepare a traffic control plan to show all traffic control devices and signage, including, but not limited to, "No Parking" and street sweeping signs. The traffic control plan shall also detail access improvements that comply with the Otis requirement that drive through traffic be contained on site. d. The applicant shall acquire County Fire Department clearances, and obtain approval of emergency access conditions. o Responsible for Implementation: Applicant o Monitoring Phase: Prior to issuance of grading permit o Method of Monitoring: Collect applicable fees. Review and approve plans to ensure compliance with mitigation. o Monitoring Agency: Oty Engineering Division ~ ....., AfiENDA ITEM NO. 3 J '" PAGE -5:L OF ) 'Jv f} "..... RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MITIGATED NEGATIVE DECLARATION (MND) NO. 2003-05 FOR DESIGN REVIEW OF COMMERCIAL PROJECT NO. 2003- 05, AS PER THE APPROVED PLANS, MAKING THE APPROPRIATE FINDINGS, AND SUBJECT TO THE MITIGATION MONITORING PROGRAM CONTAINED AS EXHIBIT NO.5 OF THE MND WHEREAS, an application has been filed with the City of Lake Elsinore by Bickel Underwood to request approval of Mitigated Negative Declaration No. 2003-05 for the purpose of developing Commercial Project No. C 2003-05 for a fast food restaurant and associated improvements (Conditional Use Permit 2003-13 is required for the proposed drive-through lane); WHEREAS, Mitigated Negative Declaration No. 2003-05 has been prepared to evaluate environmental impacts resulting with the project; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on April 20, 2004 made a recommendation that City Council approve Mitigated Negative ,-.. Declaration No. 2003-05 and Commercial Project No. C 2003-05; and WHEREAS, public notice of said applications has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on May 11,2004; and WHEREAS, Section 21081.6 of CEQA requires that where a Mitigated Negative Declaration has been prepared for a project for which mitigation measures are adopted, that a mitigation monitoring or reporting program be adopted for said project, and pursuant to Section 21081.6 of CEQA, the City has prepared a Mitigation Monitoring Program; WHEREAS, a Notice of Intent to Adopt (NOI) has been filed with the County Clerk of Riverside County of said applications, and the Planning Division has requested a public review period commencing on March 22, 2004 and closing on April 22, 2004; a Notice of Completion has been filed with the State Clearinghouse for the same review period; NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY RESOL VE pursuant to the following findings: Mitigated Negative Declaration No. 2003-05 1. Given that project impacts have been identified as Less Than Significant Impacts with Mitigation Incorporation, cumulative impacts are not foreseen. ,-.. AiENDA ~TEM NO. 3/ ". PAGE .fd) OF J'd.1 1 CITY COUNCIL RESOLUTION NO. 2004- MAY 11, 2004 PAGE 2 OF 4 .....,,; Pursuant to the evidence received in the light of the whole record presented to staff, the project will not have cumulative impacts on the environment considering the applicable Conditions of Approval and Mitigation Monitoring Program. 2. The proposed project does not have the potential to cause substantial adverse effects on human beings, either directly or indirectly with mitigation measures. Pursuant to the evidence received in light of the whole record presented to staff, the project will not result in a significant impact on the environment considering the applicable Conditions of Approval and Mitigation Monitoring Program. 3. Prior to approving the project, the City Council has considered the proposal and any comments received during the public review process. The City Council shall approve and adopt the proposed Mitigated Negative Declaration based on the whole record before it (including the initial study, comments received and Mitigation Monitoring Plan), that there is not substantial evidence the project will have a significant effect on the environment and the Mitigated Negative Declaration reflects the City Council's independent judgment and analysis. 4. The documents and other materials, which constitute the record of proceedings upon which the Planning Commission's decision to recommend adoption of the Mitigated Negative Declaration to City Council, and the City's Council's decision to uphold the Planning Commission's recommendation, are on file with the City Clerk of the City of Lake Elsinore at 130 South Main Street. .....,,; Design Review -Commercial Project No. 2003-05 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed commercial project located at Dexter Avenue and Crane Street, APN 377-030- 071, complies with the goals and objectives of the General Plan, in that the approval of this commercial project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging commercial land uses to diversifY Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. .....,,; AQENOA ITEM NO....3..f-- ".. PAGE~OFJ.2J- ,-.. CITY COUNCIL RESOLUTION NO. 2004- MAY 11,2004 PAGE 3 OF 4 The proposed commercial project located at Dexter Avenue and Crane Street, APN 377-030- 071 is appropriate to the site and surrounding developments. The commercial project has been designed in consideration of the size and shape of the property, and will equal or exceed the existing architectural design of neighboring properties. 3. Subject to the attached Conditions of Approval and Mitigated Monitoring Program, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant Section 15070, Decision to Prepare a Negative or Mitigated Negative Declaration of the California Environmental Quality Act (CEQA), the proposed commercial project located at Dexter Avenue and Crane Street, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment. 4. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of this Section and the zoning district in which the site is located. ",-.... Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed commercial project located at Dexter Avenue and Crane Street, APN 377-030-071, has been recommended for approval by the Planning Commission to the City Council with specific conditions of approval. PURSUANT TO THE ABOVE FINDINGS this City Council of the City of Lake Elsinore resolves that Mitigated Negative Declaration No. 2003-05 serves as adequate and appropriate environmental documentation for Commercial Project No. C 2003-05 and hereby adopts and approves Mitigated Negative Declaration as complete and adequate and fully complies with the requirements of CEQA, the State CEQA Guidelines, and The City's environmental analysis procedures. PASSED, APPROVED AND ADOPTED this 11th day of May 2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ".-... ABSTAIN: COUNCILMEMBERS: AQENOA ITEM NO. 31 PAGE ..Ji20F I ~ 7 CITY COUNCIL RESOLUTION NO. 2004- MAY 11,2004 PAGE40F4 ATTEST: ......, Tom Buckley, Major City of Lake Elsinore Vicki Lynne Kasad, City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore "" 3; AQENDA ITEM NO. - 1_< · ::t1 " PAGE~OF-I1 "" PAGE 2 - PLANNING CDMMISSION MINUIES - APRIL 20, 2004 MOVED BY O'NEAL, SECO UNANIMOUS VOTE OF CALENDARASAME D. D BY MATTHIES AND CARRIED BY E PRESENT TO APPROVE THE CONSENT /'""' Minutes ~\-\\6r\ -~~ c,V PUBLIC HEARINGS 2. Conditional Use Permit No. 2003-13. Design Review {or Commercial Project No. 2003-05 and Mitigated Negative Declaration No. 2003-05 {or Tom's Restaurant. Chainnan LaPere opened the Public Hearing at 6:13 PM, and requested the reading of the Staff Report. Director of Cmnmunity Development Brady indicated that this project is for a proposed Commercial Design Review a CUP and Mitigated Negative Declaration for Tom's Restaurant, and requested Associate Planner Miller review it with the Commission. ,-- Associate Planner Miller stated that this project is being brought back to the Planning Commission at the direction of the Gty Council. She stated that the applicant is proposing to construct a 4,721 square foot, single story fast food restaurant with a drive-thru facility on a 1-acre vacant parcel. She stated that the architectural design is Mediterranean style that is typically found within this section of the Gty. She indicated that the project meets the parking requirements of the LEMC. She noted that the drive-thru lane would accommodate the stacking of eight vehicles per the LEMC requirements. She stated that the CUP is being provided for the drive-thru lane. Associate Planner Miller stated that the Mitigated Negative Declaration was prepared and circulated to the State Gearing House for a thirty-day period that closed on April 19, 2004. She stated that she received one comment letter from the law firm of Alhadeff & Solar, LLP dated April 19, 2004, and presented a copy of the letter to the Commission. She stated that the letter discusses issues regarding the cr&R's, which she indicated is a civil matter. She stated that the law firm is also indicating that the Gty has not received any infonnation from CalTrans. She stated that Staff did submit all the infonnation to CalTrans in October 2003, and then the Mitigated Negative Declaration was submitted. She stated that she received a call today from CalTrans, stating that they did in fact receive the infonnation however could not comment on it due to their overwhehning workload. She noted that the law firm also commented on the traffic study. She indicated that Staff has conducted an adequate traffic analysis has been conducted. ~ Associated Planner Miller stated that there are several changes to the Staff Report and to the Conditions of Approval. She presented the corrections to the Commission for their review. ~i AQENDA ITEM NO. .. \ I LJ OF Idv '7_ PAGE~ PAGE 3 - PLANNING CD:MMISSIONMINUTES - APRIL 20, 2004 She noted that three Conditions would be added to the end of the Conditions of Approval. She stated that Condition No. 48 would state: "DtrJiaJte fiJl }1 Wdth am wnstruct }1 Wdth inprur.errEnt if Crarr Strret". She stated that Carxlition No. 49 would state: "Contribute cash in lieu fee far rrJ:Jdrmy rralian an Dexter A 7EI1Ue far fiJl fronta~ lerf!h if prqu:t". She noted that Condition No. 50 would be the standard indemnity Condition that was inadvertendy left out. She noted that in order to be consistent, the same modifications were made to the Mitigation Measures. ~ Associate Planner Miller indicated that with the noted changes to the Staff Report, and to the Conditions of Approval, Staff recommends that the Planning Commission approve and re-affirm the previous adoption of the Resolution, approve CUP No. 2003-13 for a drive- thru lane and recommends that the Planning Commission re-affirm the previous adoption of the Resolution recommending Gty Council approval of the Commercial Project No. 2003- 05, and recommend to the Gty Council adoption of the Mitigated Negative Declaration, based on the Findings, Exhibits, and is subject to the Conditions of Approval. Associate Planner Miller stated that the applicant is present to answer any questions that the Commission may have. Chairman LaPere requested comments from the public. Mr. Jim Bickle, Bickle Underwood Architects stated that they have read and agree to the Conditions of Approval and to include the noted modifications. He stated that he would be available to answer any questions that the Commission may have. ....., Cyril Dantchev, from the law firm of Alhadeff & Solar, 707 Broadway, San Diego, representing Dino Foutris who owns Douglas Burgers. He stated that he has three issues of concern with this project. He stated that they are the CC&R's, traffic issues, which includes the drive-thru lanes, the CalTrans study, and the EIR He stated that his concern with the CC&R's is that the applicant has not been communicating with the architectural committee, which was fonned per the pursuant of the CC&R's to get approval. He stated that they have sent numerous correspondences, which the applicant has not responded. He stated that one of the concerns with traffic, are the issues with the drive thru lane. He stated that with removing one of the drive thru lanes by sixty feet south of its original location would not alleviate the egress/ ingress problem that can exist. He indicated that there are many safety issues and that CalTrans mayor may not provide improvements. He suggested that the Planning Commission not approve this project until CalTrans have received the comments. PAGE 4 - PLANNING ffiMMISSION MINUTES - APRIL 20,2004 ,..... which discusses non-existent development regulations, non-existent association, and non- existent legal architectural review committee. Demetrius Karpouzis, 4885 Green Vest Drive, Yorba Linda, stated that he read and agrees to the Conditions of Approval as amended. Chairman LaPere requested comments from the Deputy Gty Attorney, Mr. Miles. Deputy Gty Attorney Miles stated that he did receive a correspondences, dated March 30, 2004 and the only comment letter received on Apri119, 2004 via fax. He indicated that he would like to have the Chainnan entertain a Motion to receive and file the related documents of the administrative record which would include both correspondences. He noted that he has received information from the applicant attorney regarding the CC&R's and has concluded that this is a private matter that should be reconciled between the two parties. He also indicated that the CC&R's would not raise any fair argument concerning any significant impact or a potential impact with the respect to CEQA determination. Deputy Gty Attorney Miles indicated that with regards to the CalTrans has not commented on this project, and whether or not they are back logged, the Mitigated Negative Declaration was properly noticed, and circulated and suggested that the Commission should continue to move forward with this project. He had no further comments /", Chainnan LaPere called for a Motion. MOVED BY O'NEAL, SECONDED BY MATTHIES AND PASSED BY UNANIMOUS VOTE OF THOSE PRESENT TO HAVE MARUI 30, 2004 AND APRIL 19, 2004 CORRESPONDENCES FROM ALHADEFF & SOLAR, AND THE LAW FIRM OF BRIAN CAVE ENTERED INTO THE RECORD. There being no further comments from the public, Chainnan LaPere brought the discussion back to the Commission for comments. Commissioner O'Neal stated that he strongly agrees with Staff's recommendations, and feels that this is a good project. He had no further comments. Vice Chairwoman Matthies indicated that it is difficult to have a business in town when there are several duplicate businesses within the surrounding area. She stated competition is good and the customer will continue to go to their favorite restaurant just like the fast food burger chains in the Gty. Chainnan LaPere concurred with Vice Chairwoman Matthies comments. He indicated America has what you would call an American Free Enterprise. ,,-.. There being no further comments from the Commission, Chainnan LaPere closed the Public Hearing at 6:46 PM, and requested the reading of the Resolution. AQENDA ITEM NO...3..L- PAGE r.nlo OF J -::1'1 j PAGE 5 - PLANNING CD:MMISSIONMINUIES - APRIL 20,2004 ......" MOVED BY MATTHIES, SECONDED BY O'NEAL AND PASSED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-43, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2003-05 TO BE LOCATED AT DEXTER AVENUE AND CRANE STREET - APN 377-030-071 TO INCLUDE THE NOTED MODIFICATIONS TO THE CONDITIONS OF APPROVAL. MOVED BY O'NEAL, SECONDED BY MATTHIES AND PASSED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-44, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF DESIGN REVIEW FOR COMMERCIAL PROJECf NO. C 2003- 05, TO BE LOCATED AT DEXTER AVENUE. AND CRANE STREET - APN 377-030-071 TO INCLUDE THE NOTED MODIFICATIONS TO THE CONDITIONS OF APPROVAL. MOVED BY MATTHIES, SECONDED BY O'NEAL AND PASSED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-45, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2003-05 DESIGN REVIEW FOR COMMERCIAL PROJECf NO. 2003-05, LOCATED ON DEXfERAVENUE AND CRANE STREET, APN 377-030-071 TO INCLUDE THE NOTED MODIFICATIONS TO THE CONDITIONS OF APPROVAL. ......, 3. Tentative Tract Ma Nos. 30493 and 31706 for Pardee Ho Chairman LaPere opened the Public Hearing at 6:48 P and requested the reading of the Staff Report. Director of Community Development Brady ated that this is a request for approval of Tentative Tract Map Nos. 30493 and 3170 and requested Senior Planner Morita review it with the Commission. Senior Planner Morita stated that e applicant has submitted two TIM within the Canyon Hills Specific Plan area. He in . ated that TIM 30493 proposes 444 total lots to include 395 single-family detached resi tiallots, 4 large lots, 1 large lot for condominiums, one lots for a future elementary sc 01, and a community park He stated that in addition, three lots would be for open s ce, and twenty-one lettered lots for public streets. ......, ACiENOA ITEM NO. 3 I " PAGE &7 OF..J.2ll. "..... CONDITIONS OF APPROVAL FOR DESIGN REVIEW FOR COMMEROAL PROJECT NO. C 2003-05 AND CONDITIONAL USE PERMIT NO. 2003-13 LOCATED ON DE XfE R AVENUE AND CRANE STREET APN 377-030-071 PLANNING DIVISION (N de F eRS listal in the 0n1iti0ns if A ppruwl are the kst fStimttes awilable at the tinr if appruu1l. The fXaa fee arrrnnts W1J re redewxJ at the tinr ifbuildirrg,pemit issuara arxl rmy re rais<<l.) 1. Design Review approval for Commercial Project No. C 2003-05 will lapse and be void unless building permits are issued within one (1) year of Gty 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 Gtyof Lake Elsinore one (1) month prior to the expiration date. 2. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division for Plan Check All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. ____ 3. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the 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. 4. Any revisions to the interior floor plans that could cause the requirement for additional parking shall be subject to the review and approval of the Community Development Director or designee. 5. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property, public streets, or Interstate 15 Any material covering the roof equipment shall match the primary wall color. 6. 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 horiwntal plane of the fixture. All light fixtures shall match the architectural style of the building. 7. All loading zones shall be clearly marked with yellow striping and shall comply with the requirements of the LEMC 8. Applicant shall meet ADA (Americans with Disabilities Act) requirements. "..... Pagel of 6 -3' AQENDA ITEM NO..1..L- PAGE ~ <6 Of j ;)/7 ' CONDITIONS OF APPROVAL FOR DESIGN REVIEW FOR COMMERCIAL PROJECT NO. C 2003-05 AND CONDITIONAL USE PERMIT NO. 2003- 13 LOCATED ON DEXTER AVENUE AND CRANE STREET APN 377-030-071 ...." 9. The applicant shall construct a 6 foot wrought iron fence with pilasters along the northwest and southwestern boundaries. 10. Trash enclosures shall be constructed per Gty standards as approved by the Community Development Director. A minimum of a 5' landscaped planter is required on each side of the trash enclosure. 11. No exterior roof ladders shall be permitted. 12. Applicant shall use roofing materials with Oass " A" fire rating. 13. All exterior downspouts shall be painted to match with building exterior color. 14. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond, submit a site plan and processed through the Planning Division. 15. Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved by the Community Development Director or designee. ...." 16. On-site surface drainage shall not cross sidewalks. 17. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 18. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Landscape Architectural Consultant and Planning Division. PRIOR TO BUILDING/GRADING PERMITS 19. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 20. All signs require review and approval by the Planning and Building and Safety Divisions prior to installation. A Sign Program will be required if a Freeway Sign is proposed. All Sign Programs require review and approval by the Planning Commission prior to obtaining sign permits. Page 2 of 6 """ AQENDA ITEM NO. ] I PAGE 109 OF 1~7 I '" CONDITIONS OF APPROVAL FOR DESIGN REVIEW FOR COMMERQAL PROJECT NO. C 2003-05 AND CONDITIONAL USE PERMIT NO. 2003-13 LOCATED ON DEXTER AVENUE AND CRANE STREET APN 377-030-071 21. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the Oty's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee v.ri1l be charged prior to final landscape approval based on the Consultant's fee plus fonypercent (40%) Otyfee. 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 Oty's Street Tree List, a maximum of fonyfeet (40) 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 Oty's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the Oty. 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. ~ 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. ' ,-.. Page 3 of 6 AQENOA ITEM NO. 3 , PAGEftl-OF J~1 ~ CONDITIONS OF APPROVAL FOR DESIGN REVIEW FOR COMMEROAL PROJECT NO. C 2003-05 AND CONDITIONAL USE PERMIT NO. 2003-13 LOCATED ON DE XfE R AVENUE AND CRANE STREET APN 377-030-071 "" j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 22. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 23. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 24. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 25. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ENGINEERING DIVISION "" 26. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMq prior to building permit. 27. Dedicate sufficient right-of-way along the frontage of Dexter Ave. to provide for a future 100 ft. wide street (50 ft. half-section) with a 1600 ft. radius to the Gty prior to issuance of building permit. 28. Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 29. Pay all Capital Improvement and Plan Check fees (LEMC 16.34). The traffic mitigation fee is $15,815 and the drainage fee is $7,885 (Third St. distr.) This project shall also be subject to TlJMF Fees in the event a building permit is not pulled before July 1, 2004. 30. The northeasterly driveway on Dexter Ave. shall be relocated to Oane Street and only one driveway will be allowed on Dexter Avenue. Page 4 of 6 ...." AQENDA ITEM NO. 3 I , PAGE J / OF /2 7 ""'" CONDITIONS OF APPROVAL FOR DESIGN REVIEW FOR COMMEROAL PROJECt NO. C 2003-05 AND CONDITIONAL USE PERMIT NO. 2003-13 LOCATED ON DEXTER AVENUE AND CRANE STREET APN 377-030-071 31. 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 applying for a building permit. 32. Construct all public works improvements per approved street plans (LEMC Title 12). Plans must be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 33. 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). 34. The applicant shall furnish a traffic signing and striping plan for Dexter Ave. and Oane Street, subject to the approval of the City Engineer. 35. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC12.08, Res.83-78). All ,......... fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 36. The applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 37. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 38. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit issuance. 39. 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 detennined 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. 40. Applicant to provide erosion control measures as part of their grading plan. The applicant shall 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. "" Page 5 of 6 AQENDA ITEM NO. ':s 1 PAGE 7:J.. OF J;;"7 CONDITIONS OF APPROVAL FOR DESIGN REVIEW FOR COMMERCIAL PROJECT NO. C 2003-05 AND CONDITIONAL USE PERMIT NO. 2003-13 LOCATED ON DE XfE R AVENUE AND CRANE STREET APN 377-030-071 """ 41. 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. 42. Provide fire protection facilities as required in writing by Riverside County Fire. 43. On-site drainage shall be conveyed to Dexter Ave. or Oane St. or accepted by adjacent property owners (Caltrans) by a letter of drainage acceptance or conveyed to a drainage easement. 44. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the Gty Engineer. 45. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roofs should drain to a landscaped area whenever feasible. 46. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for cleaning, building maintenance, landscaping and irrigation. """ 47. In accordance with the Oty'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. 48. D<<Iicate fiJl ~ Wdth arxl wnstruct ~ Wdth irrprmerrEnts if Crarr Street. (Revised at the April 20, 2004 Planning Commission Meeting) 49. 01ntribute cash in lieu fre far muiw:ty mdian an Dexter A W7Ue far fiJl /ronta~ ler'i'fh if projrxt. (Revised at the April 20, 2004 Planning Commission Meeting) 50. The applicant shall dtferd (Wlh awlSd aa:eptabk to the City), irrIemnify, am held hanrbss the City, its CjfU:ers, E rrplap:s, ar Agmts to attach, set aside, wid, ar annul an ctpprrJU1l if the C~ its adrisary awm, appeal ba:mJs, ar /e;jslatiw bcdy rormning Cormrrcial Prrjea m 2003-05 am Corriitional Use Pemit Na 2003-05, 'llhUh action is brrx.tWt Wthi:n the tinr perial prmidfxi far in Gdifamia Gar.ern1rmt Ca1e Seaions 65009 arxl /ar 66499.37, am Public Rl5atra5 Ca1e Seaion 21167. The city W1l prunptly mify the A pplicant if any such claim, ar ~ the Applicant shall rn:, therwfier, be responsihle to diferx1, irrIemnify, ar held hanrbss the City. (Revised at the April 20, 2004 Planning Commission Meeting) End of Conditions * ltaliJ:s indicates addition to text, strikethroegh indicates removal from text. Page 6 of 6 '--' A.ENDA 'TEM NO. ~ PAGE J3 OF 1;lv7 /"" PLANNING COMMISSION STAFF REPORT City Ii Lake Elsinore Planning Diflis ion 130 S, Mail Su.et lake Elsnore, CA 92530 (909) 674-3124 (909) 471-1419 fax I DATE: April 20, 2004 'Q.. , ,.,t''':c'C'; ~ ". ,'~ ',' f\", ' 'i>" '" , -' ""''1' ' "-""\{ n t)\ -",.' " 1;:." I':. __( , ..0 ~' '? TO: Chairman and Members of the Planning Commission FROM: Robert A Brady, Community Development Director ~ PREPARED BY: Linda M Miller, Associate Planner, Ala> PROJECT TITLE: Conditional Use Permit No. 2003-13, Design Review for Commercial Project No. C 2003-05 and Mitigated Negative Declaration No. 2003- 05 APPLICANT: Bickel Underwood, 3600 Birch Street, Suite 120, Newport Beach, California 92660, Attention: Bill Stow (Owner: Tom's Restaurant, 626 E. Sepulveda, Carson, California 90745, Attention: Angelo Karpouzis ) PROJECT REQUEST The applicant is re-submitting a request for review and approval of a Conditional Use Permit to allow a drive-thru establishment and Design Review for a CDmmercial project consisting of a 4721 square foot fast food restaurant to be located on an approximately one acre site. Review is pursuant to Chapter 17.48,030, Conditional Use Permit, Chapter 17.82, Design Review, and Chapter 17.48, C 2, General Commercial District of the Lake Elsinore Municipal Code (LEMq. PROJECT LOCATION ,...... The project is located in the northeastern section of the Gtyon Dexter Avenue near Central Avenue (APN 377-030-071). AQENOA ITEM NO. '=? ; PAGE TLJ OF J dv"7 ~ PLANNING COMMISSION STAFF REPORT APRIL 20, 2004 Page 2 of 10 ." PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2003-13, DESIGN REVIEW FOR COMMERQAL PROJECT NO. C 2003-05, AND MITIGATED NEGATIVE DECLARATION NO. 2003-05 FOR A FAST FOOD RESTAURANT USE LOCATED ON DEXTER AVENUE AND CRANE STREET - APN 377-030-071 ENVIRONMENTAL SETTING EXISTING ZONING GENERAL PLAN LAND USE Project Site Vacant G 2, General Commercial General Commercial Northeast Vacant G 2, General Commercial General Commercial Northwest Fast Food Restaurant G 2, General Commercial General Commercial Southeast Vacant G 2, General Commercial General Commercial Southwest Cal Trans Park & Ride ------- ------ HISTORY The Planning Commission previously approved this site for a fast food restaurant on March 3,1999. The applicant at that time, Me Donald's, decided not to construct the restaurant and sold the property. Issues that were raised during that review included the proposed size and location of a freeway sign, the question of whether the roof top equipment would be visible from neighboring Interstate 15, and the architectural design of the proposed building. " The current applicant requested review and approval for a Conditional Use Pennit and Design Review for a fast foot restaurant from Planning Commission on October 7, 2003; however the project was continued because of incorrect noticing and was rescheduled for October 21,2003. The Planning Commission adopted Resolution No. 2003-98 and 2003-99 recommending approval of C No. 2003-05 to the Gty Council and approving CUP No. 2003-13 for the development of the restaurant with a drive- thru in a vote of 4 to 1. The neighboring business owner, Mr. Dino Foutris (Douglas Burgers) Mr. Foutris' attorney finn, Alhadeff & Solar, LLP, and others raised several issues at the Planning O>mmission of October 21, 2003. The concerns mentioned were the diversity and choices for eating establishments when it comes to approving fast food t}pe restaurants in the same location and that both restaurants would be offering similar t}pe menus. Mr. Foutris also questioned the ingress and egress, and potential traffic issues. Issues brought up by others were the question of increased traffic, the location of the driveway on Dexter Avenue and most agreed with the concerns of Mr. Foutris. The attorney from the law firm Alhadeff and Solar, LLP raised an the issue concerning the (X:&R's ~ applicahle to the subj<<t site and the architectural design. He also questioned the Findings made to support an exemption from CEQA and felt a Traffic Study should be conducted. He questioned why a ......, AQENDA ITEM NO..3..L- "PAGE 15 OF 1;);7 "':. ~ . ~ PLANNING COMMISSION STAFF REPORT APRIL 20, 2004 Page 3 of 10 PROJECf TITLE: CONDITIONAL USE PERMIT NO. 2003-13, DESIGN REVIEW FOR COMMERQAL PROJECf NO. C 2003-05, AND MITIGATED NEGATIVE DECLARATION NO. 2003-05 FOR A FAST FCX>D RESTAURANT USE LOCATED ON DEXTER AVENUE AND CRANE STREET - APN 377-030-071 Condition wasn't included requiring the payment of 11JMF fees. The project was approved by Planning Cormnission with a 4 to 1 vote. An Appeal to the decision of the Planning Cormnission was filed. The appeal focused on the drive- thru aspects of the project am not the restaurant use,-ffie CC & R's that ~y emmbers restrict the subject site, ingress/egress associated te Wth the drive-thru, and the exemption status of the environmental determination. Gty Council heard the appeal of the approval by the Planning Cormnission on November 25,2003. The Gty Council recommended that the project be brought back before the Planning Cormnission for funher analysis of those issues raised. Consequently, the project is being brought back before the Planning Cormnission at the direction of the Gty Council. The use has not changed since it was originally heard at Planning Cormnission. However, in order to address the issues raised by the neighboring owners, staff has prepared a-an Initial Study am Mitigated Negative Declaration. The document has been circulated to the State .-- dearinghouse for review. In addition, one of the driveways in question has been shifted approximately 60 feet to the south. 1hc applicant has been rcsca-rchi:nt the question of the CC & ~ The issue raisal 'I'tlPrding CC& R's that apply to the suhjoct site is a priwte mater that is irrieperrJent from the Planning Comrrission's ~ apprar.u1 The applicant, hmeerer, has fm5ent<<i irfonmtian to the City A tt:orrl?y am the Planning Comrrission a:Jrm?1ing their 113panse to the issue raisal by A Ihadiff & Sdar, II T. PROJECf DESCRIPTION The applicant is proposing to construct a 4,721 square foot, single story fast food restaurant with a drive-thru facility on a 1 acre vacant parcel. The building coverage is approximately 11% meeting the LEMC maximum building coverage. Approximately 10,631 sq. ft. of the project site will be landscaped. This equates to 24% of the site, which greatly exceeds the minimum landscaping requirement of 10%. The restaurant will provide a drive-thru lane with a stacking area for at least eight vehicles. The lane is located so as not to interfere with the circulation of the restaurant. Architecture The applicant proposes to use a Mediterranean style of architecture that is typically found within this section of the Gty. Features of the building include Spanish clay tile roofing material, varied roof lines with gabled tower features, decorative tiled wainscot extending to the comers of the building, glass block and grill work features, and cornice details. The drive-thru window will be protected with a porte-cochere type tower. ~ AQENDA ITEM NO...3-L. . PAGE~~ OF 12/ PLANNING COMMISSION STAFF REPORT APRIL 20, 2004 Page 4 of 10 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2003-13, DESIGN REVIEW FOR COMMEROAL PROJECT NO. C 2003-05, AND MITIGATED NEGATIVE DECLARATION NO. 2003-05 FOR A FAST FOOD RESTAURANT USE LOCATED ON DEXTER AVENUE AND CRANE STREET - APN 377-030-071 ClJlors and Materials The main portion of the building will be stucco. Two shades of stucco are proposed, French Vanilla (X-55) and Miami Peach (X-71). The clay tile roof will be Deleo Buff. The wainscot will be covered in ceramic tile in a multicolored brown, Oltto, (VS 10). Accent tile on the pillars will be a gray/olive green, Verde (DN06). Accent tiles will be gold and olive green, Giallo (CD22) and Verde (CD15). A Ollor and Materials board will be presented at the Hearing for review and approval. Parking According to Section 17.66.030D.13, LEM~ restaurants and food establishments require 1 space for each 45 square feet of customer area and 1 space for each 200 square feet of non-customer area. The applicant has met this requirement per the following detail: Gtstomer Area Non-customer Area Taal ParkingR<<]Uirr:d Taal Parking Pruridid 1,683 sJ. 3,037 d. 37 15 52 54 (irxludes 3 harxlicap) ClJnditional Use Pennit The purpose of the conditional use pennit requirement is to ensure safe and efficient internal circulation as well as to provide sufficient vehicle stacking for the drive-thru window. Drive-thru's have operational characteristics that may have the potential to negatively impact adjoining properties and surrounding areas. Said uses, therefore, require a more' comprehensive review and approval procedure, including the ability to condition the use in order to mitigate any detennined negative impacts. The proposed drive-thru lane provides the required stacking of eight vehicles per the LEMC requirements. As mentioned, the neighboring business owner questioned the location of the driveway accessing from Dexter Avenue. The Gty Engineer took these comments into consideration and agreed with the Mr. Foutris and requested that the applicant relocate the driveway farther south to the location shown on the site plan. The placement of the two access driveways as they relate to the drive-thru lanes ingress and egress provides an efficient circulation pattern. Patrons choosing not to use the drive-thru lane have easy access to parking spaces and entrance to the restaurant. Staff feels that the revised circulation plan provides acceptable internal circulation. Signs The applicant has not requested approval of any signs with this applicant. A formal sign pennit applicant that meets the requirements of Section 17.94.170, Signs in Olmmercial Districts, LEMC will need to be submitted. Submittal requirements include exhibits detailing the dimensions of each AQENDA ITEM NO. 3 i PAGE 11 OF 1.J.7 ....." ....." ....." .""' PLANNING COMMISSION STAFF REPORT APRIL 20, 2004 Page 5 of 10 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2003-13, DESIGN REVIEW FOR COMMERCIAL PROJECT NO. C 2003-05, AND MITIGATED NEGATIVE DECLARATION NO. 2003-05 FOR A FAST Fcx)D RESTAURANT USE LOCATED ON DEXTER AVENUE AND CRANE STREET - APN 377-030-071 sign, the font type, and colors proposed. These items are required prior to installing any sign. A Sign Program will be required if a Freeway Sign is proposed. ANALYSIS As mentioned, the applicant has relocated the driveway on Dexter Avenue to the south of the original location. The applicant has been researching the CC&R questions. Staff is under the asstHDption that this issue is currently being negotiated benvcen the applicant and the other interested parties for resolution. Ag:tin, the issue raisffi ngmJing CC& R's is a priwte mttter that is inJeperrJent fiam the Pldnning, Comnission's ~ Staff has completed a Mitigated Negative Declaration that details the conclusions made relating to the original exempt status. The TUMF Fee requirement has been included in the Conditions of Approval. Cal Trans was notified, but no responses were received, however the applicant was and is .-.... conditioned to comply with all required Caltrans permits and meet all Caltrans requirements. This condition will be effective once street improvement plans are submitted to the Engineering Division. Staff feels that every effort has been made to answer the questions raised by those opposing the project. The question of two drive-through restaurants adjacent to each other is a question of freedom of competition. Therefore, Staff finds that the project meets and in some cases exceeds the requirements of the Lake Elsinore Municipal Code and recommends that Planning Commission again, approve the project. ENVIRONMENTAL DETERMINATION The neighboring business owner, Mr. Foutris' attorney firm, Alhadeff & Solar, LLP questioned the previous environmental determination (exempt pursuant to Section 15332.b (In-Fill Development Project) of the California Environmental Quality Act) made by staff. Staff considered this and conducted an Initial Study and a Mitigated Negative Declaration No. 2003-05 pursuant to Section 15070 of the California Environmental Quality Act, (CEQA). The document was distributed to the State dearinghouse for a 30 day review period on March 18, 2004. At this writing no comments have been received. If comments are received by the closing of the 30 day review period, these comments will be presented at the Planning Commission meeting. PLANNING COMMISSION STAFF REPORT APRIL 20, 2004 Page 6 of 10 '"""" PROJECf TITLE: CONDITIONAL USE PERMIT NO. 2003-13, DESIGN REVIEW FOR COMMERCIAL PROJECf NO. C 2003-05, AND MITIGATED NEGATIVE DECLARATION NO. 2003-05 FOR A FAST FOOD RESTAURANT USE LOCATED ON DEXfER AVENUE AND CRANE STREET - APN 377-030-071 Avenue, APN 377-030-071. In addition, it is recommended that the Planning Commission adopt Resolution No. _ recommend to the Gty Council adoption of the Mitigated Negative Declaration, based on the Findings, Exhibits and subject to the Conditions of Approval. --' '"""" AQENOA ITEM NO. 3' PAGE 79. OF 1-:h7 \ ,..... PLANNING COMMISSION STAFF REPORT APRIL 20, 2004 Page 7 of 10 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2003-13, DESIGN REVIEW FOR COMMEROAL PROJECT NO. C 2003-05, AND MITIGATED NEGATIVE DECLARATION NO. 2003-05 FOR A FAST FOOD RESTAURANT USE LOCATED ON DEXTER AVENUE AND CRANE STREET - APN 377-030-071 FINDINGS Conditional Use Pennit No. 2003-13 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. In order to adJiere a UIIl ktlarml arx:l jUrx.t:ional nix if residential, rorrm?rr:ial, irrJustrial, q;en spam, rrrreatianal am instit:utiornllam USf3, staff has tharatiJiy eu:duaurJ the lam use rorrpatibil~ mist; tr4fk am aher emirorurEntal hazards rdat<<l to the ~<<l Carxlitional Use Pemit for a driw-thrrxfi; Ian? assa:iaurJ to a restaurant use krat:<<i at Dexter A 'lEJ1Ue am Cran? Strret, APN 377-030-071. Aa:urding,y, the prcpa<<l lam use is in curxurrerx:e Wth the chjr:rtiw if the Gemral Plan am the purpae if the planning distria: in Wich the site lauttrl. ,,-.. 2. That the proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the Gty, or injurious to property or improvements in the neighborhood of the Gty. In aa:ard Wth the purpaf3 if the Oxtpter 17.74 (Carxlitional Use Pemits) if the Lake E lsimre Municipal Oxle, the City realiz<<l that the prcpa<<l driw-thrrxfi; larx! assa:iaurJ to a restaurant use krat:<<i at Dexter A 'lEJ1Ue am Crarx! Strret, APN 377-030-071, rmy haw a pa:ential to .my irrpaa the wfare ifpersons residing or wrking Wthin the rxdg,barIxxxJ or the 0tJ! Gmsidering, this, staff has substantiatal that all applicahle city Depa:rtrrEnlS am A [p'rif3 haw bren 4farrkd the cppartuni1:y for a t:haratgJ redew if the driw- thrrxfi; facility arx:l assa:iaurJ restaurant use am haw in:arparat<<i all applicahle a:JI11trEI1tS arx1/ or anlitions rdat<<l to instd1ation arx:l rmintenarxe if Iarrlsa:tfJin& strret da1ications, ~ if paints if uhiaJar ~s arx:l tgress am wntrd if pa:ential mdsarx:RS, so as to dirrinate any .w irrpaas to the g;rrral health, sa/try, rorrfort, or g;rrral wfare if the s~ rxdg,barIxxxJ or the City 3. That 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 by Title 17 of the LEMC ,..... The prcpa<<l driw-t:hrvugJ larx! assa:iaurJ to a restaurant use krat:<<i at Dexter A'lEJ1Ue am Crarx! Strret, APN 377-030-071, has bren dRsigml in wnsideratian if the size am shape if the property. Further, the prrjff1: as prcpam W11 equal arrI/ or excm1 the quality if the existing deuJoprrmt ani W11 create a Usually pleas~ rlOI'Pdetractiw rriationship betw?en the prcpam am existingprrjeas. AQENDA ITEM NO. -=f J , PAGE.2(LOF J8v1 ! PLANNING COMMISSION STAFF REPORT APRIL 20, 2004 Page 8 of 10 ....." PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2003-13, DESIGN REVIEW FOR COMMERQAL PROJECT NO. C 2003-05, AND MITIGATED NEGATIVE DEUARATION NO. 2003-05 FOR A FAST FOOD RESTAURANT USE LOCATED ON DEXTER AVENUE AND CRANE STREET:'" APN 377-030-071 4. That 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. The ~<<l use kx:aud at Dexter A W1Ue am Cran! Strret, APN 377-030-071, has l>>:m rerielo.d as to its rdatWn to the Wdth am type if pa'lElrlnt rm1<<J to carry the type am quantity if traffic wuat:<<i, in that the City has adcquatdy ~ the pa-ential irrpacts associat8l Wth the ~<<1 driw-thratgJ Ian! prior to its appruud ani has anlitiorxd the prrjoct to be serr.m by rouIs if adequate capacity am dt5igrz starxlards to prmide rrasanahle aaISS by car, trude, transit, am bicyie 5. In approving the subject use located at APN 377-030-071 there will be no adverse affect on abutting property on the permitted and nonnal use thereof. The ~<<l use has bren ~ly rerielo.d am anlitiorxd by all applicable city Departnrnts am adSide AWJits, elirrinating the pa-ential far any am all adwse ifffftS on the abuttingproperty. """". 6. Adequate conditions and safeguards pursuant to Sections 17.74.50 of the LEMC have been incOIporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to S<<tian 17.74.050 (Action if the PIa:nnint, Carmiss~ if the Lake Elsimre Munidpal 0xIe (LEMq, the driw-thratgJ Ian! associat8l to the restaurant use kx:aud at APN 377-030-071 has bren sdxrlulai far ronsideration am appruud if the Planning Carmission. Design Review -CommeJrial Project No. 2003-05 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The ~<<l ~ prrjoct kx:aud at Dexter A W1Ue am Cran! Strret, APN 377-030-071, emplies Wth the fP1ls ani obj<<t:i:us if the Gerrral Plan, in that the appruud if this ~ prrjoct W1J assist in adJiecirg the deu1qmrnt if a ueJl.hJarmJ am jUrx:timal rrix if nsidentid, aJJrm!YCial, irxlustrial, cpen spare, m:reatiaml ani institutional lam USe5 as ueJl as emurafing ~ lard USe5 to diwsify Lake E lsimre's ff:lJIVJ1ic b:rse 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. '-" AQENOA ITEM NO. 'J I " PAGE ~I OF I ,,}.7) I PLANNING COMMISSION STAFF REPORT "..-. APRIL 20, 2004 Page 9 of 10 PROJECI'TITLE: CONDITIONAL USE PERMIT NO. 2003-13, DESIGN REVIEW FOR COMMERQAL PROJECI' NO. C 2003-05, AND MITIGATED NEGATIVE DEa..ARATION NO. 2003-05 FOR A FAST FOOD RESTAURANT USE LOCATED ON DEXTER AVENUE AND CRANE STREET - APN 377-030-071 The prqxsed wrrI7FrCial prcjoct loomd at Dexter A W1Ut' am Cran? Street, APN 377-030-071 is apprrpriate to the site am surranrling, dece/opnutts in the wrrI7FrCial prcjoct has ~ desiwni in wnsideration if the size am shape if the prrperty. The prcjoct as prqxsed W1l6JUt1l or exam the existi~ arrhittrtural desigp, alar, maerials arxi site desifIL 3. Subject to the attached Omditions of Approval and Mitigated Monitoring Program, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant Soction 15070, DErision to Prepare a Negmw or Mitig:tted Neg:ttiw Daiaration if the Califamia E mi:ranJrmtd QIality A a (CE 04), the prqxsed wrrI7FrCial prcjoct loomd at Dexter A W1Ut' am Cran? Street, as redeooi am rorxJitiom1 by all applicable City Di'lisWns arxi Depa:rtrrmrs am A wOO, W1l ra haw a sigpificant ifjir:t an the emi:romrmt pursuant to the attadxrJ CorJitions if A ppruwl. /'"' 4. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Section and the planning district in which the site is located. Pursuant to Soction 17.82.07 (Aaion if the P14rrning Comriss~ if the Lake Elsimre MunUipal Ca1e (LEMC), the prqxsed wrrI7FrCial prcjoct loomd at Dexter A W1Ut' am Cran? Street, APN 377-030-071, has ~ sdxrJuled for wnsideration am appruud if the P14rrning Comrission. Mitigated Negative Dec1amtion No. 2003-05 1. Given that project impacts have been identified as Less Than Significant Impacts with Mitigation Incorporation, cumulative impacts are not foreseen. Pursuant to the ec.iderx:r rmi:ud in the ligx if the Wxle rrmri pmental to stajJ; the prcjoct W1l ra haw cumJati:re inpr:uts an the em.iranJrmt wnsidering the applicable 0nIiti0ns if A pprmnl am M iti[11tian Monitoring Protfam 2. The proposed project does not have the potential to significantly adversely affect humans, either directly or indirectly with mitigation measures. /'"' Pursuant to the edi:IerxE rraiml in the ligx if the Wxie mxnd pmental to stajJ; the prcjoct W1l ra haw a sigpificant iffoct an the emironrrmt wnsidering the applicable CorJitions if A pprmnl am M iti[Ftion Monitoring Prugram AQENOA ITEM NO. 3 I ~, PAGE 1S~ OF tJ. 7 \ PLANNING COMMISSION STAFF REPORT APRIL 20, 2004 Page 10 of 10 ....., PROJECf TITLE: CONDITIONAL USE PERMIT NO. 2003-13, DESIGN REVIEW FOR COMMERQAL PROJECf NO. C 2003-05, AND MITIGATED NEGATIVE DEQ..ARATION NO. 2003-05 FOR A FAST FOOD RESTAURANT USE LOCATED ON DEXTER AVENUE AND CRANE STREET - APN 377-030-071 Prepared by: Linda M. Miller, AICP, Associate Planner Reviewed by: Annando G. Villa, Code Enforcement and Planning Manager Approved by: Robert A Brady, AICP, Community Development Director Exhibit 'A' Exhibit 'B' Exhibit 'C Vicinity Map Reduction of Exhibits: Elevations, Floor Plan, Site Plan Supportive Exhibits referred to in the MND; Traffic Infrastructure Fee Study {May 24, 2004) Technical Memo No.1, Table 4; Traffic Infrastructure Fee Study (February 27, 2002) Technical Memorandum No.5, Table A-2; Institute of Traffic Engineers, Trip Generation 6th Edition, Land Use Category: Fast Food Restaurant with Drive Through Wmdow, lTE Code 834. Mitigated Negative Declaration No. 2003-05 Full sized Exhibits Full sized Color Elevation and Color and Material Board (presented at Hearing) ~ Exhibit '0' Exhibit 'E' Exhibit 'F' ....., A_END A ITEM No.~1 " PAGE~OF Lal ,..... PLANNING COMMISSION STAFF REPORT City ofLak. Elsinore Planning Divis ion 130 S. MaD Street Ltke Elsinore. CA 92530 (909) 67+3124 (909) 471- 1419 fax I '-~<~~:-=:~~~, '~= "'-.-=E~"~.~_:-==:~'::< ~~'.' ',-.~ ~~~._. '-~~'-=-~~~. ':~~.:. ?:-,::~~'-~-~:~~.~=~~?~ I DATE: April 20, 2004 TO: Chairman and Members of the Planning Gmunission FROM: Robert A Brady, Community Development Director ""' PREPARED BY: Linda M Miller, Associate Planner, AI CP PROJECT TITLE: Conditional Use Pennit No. 2003-13, Design Review for Commercial Project No. C 2003-05 and Mitigated Negative Declaration No. 2003- 05 APPLICANT: Bickel Underwood, 3600 Birch Street, Suite 120, Newport Beach, California 92660, Attention: Bill Stow (Owner: Tom's Restaurant, 626 E. Sepulveda, Carson, California 90745, Attention: Angelo Karpouzis) PROJECT REQUEST The applicant is re-submitting a request for review and approval of a Conditional Use Pennit to allow a drive-thru establishment and Design Review for a Commercial project consisting of a 4,721 square foot fast food restaurant to be located on an approximately one acre site. Review is pursuant to Chapter 17.48,030, Conditional Use Pennit, Chapter 17.82, Design Review, and Chapter 17.48, G 2, General Commercial District of the Lake Elsinore Municipal Code (LEMq. PROJECT LOCATION ""' The project is located in the northeastern section of the City on Dexter Avenue near Central Avenue (APN 377-030-071). AGENDA ITEM NO. 31 PAGE_<3LoF -Jab- PLANNING COMMISSION STAFF REPORT APRIL 20, 2004 Page 2of9 .....,. PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2003-13, DESIGN REVIEW FOR COMMERQAL PROJECT NO. C 2003-05, AND MITIGATED NEGATIVE DECLARATION NO. 2003-05 FOR A FAST FOOD RESTAURANT USE LOCATED ON DEXTER AVENUE AND CRANE STREET - APN 377-030-071 ENVIRONMENTAL SETTING EXISTING ZONING GENERAL PLAN LAND USE Project Site Vacant G 2, General Commercial General Commercial Northeast Vacant G 2, General Commercial General Commercial Northwest Fast Food Restaurant G 2, General Commercial General Commercial Southeast Vacant G2, General Commercial General Commercial Southwest Cal Trans Park & Ride ------- ------ HISTORY The Planning Commission previously approved this site for a fast food restaurant on March 3,1999...."", The applicant at that time, Mc Donald's, decided not to construct the restaurant and sold the property. Issues that were raised during that review included the proposed size and location of a freeway sign, the question of whether the roof top equipment would be visible from neighboring Interstate 15, and the architectural design of the proposed building. The current applicant requested review and approval for a Conditional Use Permit and Design Review for a fast foot restaurant from Planning Commission on October 7, 2003; however the project was continued because of incorrect noticing and was rescheduled for October 21,2003. The Planning Commission adopted Resolution No. 2003-98 and 2003-99 recommending approval of C No. 2003-05 to the Gty Council and approving aJP No. 2003-13 for the development of the restaurant with a drive- thrn in a vote of 4 to 1. The neighboring business owner, Mr. Dino Foutris (Douglas Burgers) Mr. Foutris' attorney finn, Alhadeff & Solar, LLP, and others raised several issues at the Planning Commission of October 21, 2003. The concerns mentioned were the diversity and choices for eating establishments when it comes to approving fast food type restaurants in the same location and that both restaurants would be offering similar type menus. Mr. Foutris also questioned the ingress and egress, and potential traffic issues. Issues brought up by others were the question of increased traffic, the location of the driveway on Dexter Avenue and most agreed with the concerns of Mr. Foutris. The attorney from the law Finn Alhadeff and Solar, LLP raised the issues concerning the CC&R.'s and the architectural design. He also questioned the Findings made to support an exemption from CEQA and felt a Traffic Study should be conducted. He questioned why a Condition wasn't included requiring the payment of TUMP fees. The project was approved by Planning ~mmission with a 4 to 1 vote. .....,. AGENDA ITEM No..--Jl .~ PAGE_jLo~ J'avi PLANNING COMMISSION STAFF REPORT ",-- APRIL 20, 2004 Page 3 of9 PROJECt TITLE: CONDITIONAL USE PERMIT NO. 2003-13, DESIGN REVIEW FOR COMMEROAL PROJECt NO. C 2003-05, AND MITIGATED NEGATIVE DECLARATION NO. 2003-05 FOR A FAST FOOD RESTAURANT USE LOCATED ON DEXTER AVENUE AND CRANE STREET - APN 377-030-071 An Appeal to the decision of the Planning Commission was filed. The appeal focused on the drive- thru aspects of the project, not the restaurant use, the CC & R's that restrict the subject site, ingress/ egress associated to the drive- thru, and the exemption status of the environmental determination. Gty Council heard the appeal of the approval by the Planning Commission on November 25, 2003. The Gty Council recommended that the project be brought back before the Planning Commission for further analysis of those issues raised. Consequently, the project is being brought back before the Planning Commission at the direction of the Gty Council. The use has not changed since it was originally heard at Planning Commission. However, in order to address the issues raised by the neighboring owners, staff has prepared a Mitigated Negative Declaration. The document has been circulated to the State dearinghouse for review. In addition, one of the driveways in question has been shifted approximately 60 feet to the south. The applicant has been researching the question of the CC & R's. ,--.. PROJECt DESCRIPTION The applicant is proposing to construct a 4,721 square foot, single story fast food restaurant with a drive- thru facility on a 1 acre vacant parcel. The building coverage is approximately 11% meeting the LEMC maximum building coverage. Approximately 10,631 sq. ft. of the project site will be landscaped. This equates to 24% of the site, which greatly exceeds the minimum landscaping requirement of 10%. The restaurant will provide a drive-thru lane with a stacking area for at least eight vehicles. The lane is located so as not to interfere with the circulation of the restaurant. A1rhitecture The applicant proposes to use a Mediterranean style of architecture that is typically found within this section of the Gty. Features of the building include Spanish clay tile roofing material, varied roof lines with gabled tower features, decorative tiled wainscot extending to the comers of the building, glass block and grill work features, and cornice details. The drive-thru window will be protected with a pone-cochere type tower. Colors and Materials The main portion of the building will be stuCco. Two shades of stuCco are proposed, French Vanilla (X-55) and Miami Peach (X-71). The clay tile roof will be Deleo Buff. The wainscot will be covered in ceramic tile in a multicolored brown, Cotto, (VS10). Accent tile on the pillars will be a gray/olive green, ",-- Verde (DN06). Accent tiles will be gold and olive green, Giallo (CD22) and Verde (CD15). A Color and Materials board will be presented at the Hearing for review and approval. AGENDA ITEM NO.~I -..,._ PAGE 1<0 OF 1~7 PLANNING COMMISSION STAFF REPORT APRIL 20, 2004 Page 4of9 ......, PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2003-13, DESIGN REVIEW FOR COMMERQAL PROJECT NO. C 2003-05, AND MITIGATED NEGATIVE DECLARATION NO. 2003-05 FOR A FAST FOOD RESTAURANT USE LOCATED ON DEXfER AVENUE AND CRANE STREET - APN 377-030-071 Panang According to Section 17.66.030D.13, LEMC restaurants and food establishments require 1 space for each 45 square feet of customer area and 1 space for each 200 square feet of non-customer area. The applicant has met this requirement per the following detail: Glstomer Area Non-customer Area T aal Pmkirrg Requi:rrd T aal Parkirrg Pruddtxl 1,683 sJ. 3,037 s.f. 37 15 52 54 (irdudts 3 harr1icap) Conditional Use Pennit The purpose of the conditional use permit requirement is to ensure safe and efficient internal circulation as well as to provide sufficient vehicle stacking for the drive-thrn window. Drive-thru's have operational characteristics that may have the potential to negatively impact adjoining properties and surrounding areas. Said uses, therefore, require a more comprehensive review and approval procedure, including the ability to condition the use in order to mitigate any determined negative impacts. The proposed drive-thru lane provides the required stacking of eight vehicles per the LEMC requirements. "-'" As mentioned, the neighboring business owner questioned the location of the driveway accessing from Dexter Avenue. The Gty Engineer took these comments into consideration and agreed with the Mr. Foutris and requested that the applicant relocate the driveway farther south to the location shown on the site plan. The placement of the two access driveways as they relate to the drive-thru lanes ingress and egress provides an efficient circulation pattern. Patrons choosing not to use the drive-thru lane have easy access to parking spaces and entrance to the restaurant. Staff feels that the revised circulation plan provides acceptable internal circulation. Signs The applicant has not requested approval of any signs with this applicant. A formal sign permit applicant that meets the requirements of Section 17.94.170, Signs in CDmmercial Districts, LEMC will need to be submitted. Submittal requirements include exhibits detailing the dimensions of each sign, the font type, and colors proposed. These items are required prior to installing any sign. A Sign Program will be required if a Freeway Sign is proposed. "-'" ACENDA ITEM tio..-31 ___ PACE-f:L-OF ~ PLANNING COMMISSION STAFF REPORT /""" APRIL 20, 2004 Page 5 of9 PROJECf TITLE: CONDITIONAL USE PERMIT NO. 2003-13, DESIGN REVIEW FOR COMMERQAL PROJECf NO. C 2003-05, AND MITIGATED NEGATIVE DEUARATION NO. 2003-05 FOR A FAST FOOD RESTAURANT USE LOCATED ON DEXtER AVENUE AND CRANE STREET - APN 377-030-071 ANALYSIS As mentioned, the applicant has relocated the driveway on Dexter Avenue to the south of the original location. 1be applicant has been researching the CC&R. questions. Staff is under the assumption that this issue is currendy being negotiated between the applicant and the other interested parties for resolution. ~ Staff has completed a Mitigated Negative Declaration that details the conclusions made relating to the original exempt status. 1be 1UMF Fee requirement has been included in the Conditions of Approval. Cal Trans was notified, but no responses were received, however the applicant was and is conditioned to comply with all required Caltrans permits and meet all Caltrans requirements. This condition will be effective once street improvement plans are submitted to the Engineering Division. Staff feels that every effort has been made to answer the questions raised by those opposing the project. The question of two drive-through restaurants adjacent to each other is a question of freedom of competition. Therefore, Staff finds that the project meets and in some cases exceeds the requirements of the Lake Elsinore Municipal Code and recommends that Planning Commission again, approve the project. ENVIRONMENTAL DETERMINATION 1be neighboring business owner, Mr. Foutris' attorney firm, Alhadeff & Solar, LLP questioned the previous environmental determination (exempt pursuant to Section 15332.b (In-Fill Development Project) of the California Environmental Quality Act) made by staff. Staff considered this and conducted an Initial Study and a Mitigated Negative Declaration No. 2003-05 pursuant to Section 15070 of the California Environmental Quality Act, (CEQA). 1be document was distributed to the State Oearinghouse for a 30 day review period on March 18,2004. At this writing no comments have been received. If comments are received by the closing of the 30 day review period, these comments will be presented at the Planning Commission meeting. STAFF'S RECOMMENDATION Staff recommends that the Planning Commission re-affirm the previous adoption of Resolution No. _, approving Conditional Use Permit No. 2003-13 for a drive- thru lane and recommends that Planning Commission re-affirm the previous adoption of Resolution No. _ recommending Gty Council approves Commercial Project No. C 2003-05, for a fast food restaurant located on Dexter Avenue, APN 377-030-071. In addition, it is recommended that the Planning Commission adopt ~ Resolution No. _ recommend to the Gty Council adoption of the Mitigated Negative Declaration, based on the Findings, Exhibits and subject to the Conditions of Approval. ACENDA ITEM NO. .31 PACE_~OF_IJ.;7. . PLANNING COMMISSION STAFF REPORT APRIL 20, 2004 Page 6of9 '--' PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2003-13, DESIGN REVIEW FOR COMMERQAL PROJECT NO. C 2003-05, AND MITIGATED NEGATIVE DECLARATION NO. 2003-05 FOR A FAST FOOD RESTAURANT USE LOCATED ON DEXTER AVENUE AND CRANE STREET - APN 377-030-071 FINDINGS Conditional Use Pennit No. 2003-13 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. In order to cuhier.e a uc/J It:tlarmJ ard /wrtiornl rrix if rfSidential, Wl17rErrial, inJustrial, q;en spcue, rrr:rf'atiornl ard institutiarnllard USf5, st4f has ~ly ewluaud the lard use ronpatibility, mise, traffic ard aher ernirmm!ntaJ hazards rcIaurl to the prrfX$ed 0n1iti0nal Use Perrrit far a driw-t:hratgJ lane associaud to a rfStaura11l use krat<<J at Dexter A 'CEI1Ue ard Crarx? Strret, APN 377-030-071. Ao::urrIinfi-y, the prrfX$ed lard use is in ~ Wth the dJjff1iu:s if the Gelrral Plan am the purpae if the planning district in'llhUh the site kx:aud 2. That the proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the Gty, or injurious to property or improvements in the neighborhood of the Gty. ""'" In aanrd Wth the purpaf5 if the cmpter 17.74 (On1itional Use Pemits) if the Lake E lsimre MunUipal 0xJe, the Gty realized that the prrfX$ed driw-t:hratgJ larx? assa:iaud to a rfStaurant use krat<<J at Dexter A'CEI1Ue ard Crarx? Strret, A PN 377-030-071, mty Im.e a paentid to ~ inpaa the 'lllifctre if pmws rfS~ ar wrking Wthin the rxifPbarIxxxJ. ar the CitJl Omsidering this, st4f has substantiataJ that aD appliatlie Gty /Jepartm?nts am A wxUs Im.e ken affarded the cppartunity far a ~ reciew if the driw- t:hrr:ugJ facility ard associaud rfStaura11l use am Im.e brorporaud aD appliatlie CX>>11I1l?J1/s arxl/ ar anlitiaz5 rcIaurl to installatim ard mtintenarre if la:rx:Is~ strret dtdications, ~ if JXints if uhiaJar ingnss am tgms ard wntrd if paentid nuisarns, so as to rlininate any rx;guiw inpaas to the rprral health, safety, confart, ar wrral 'lllifctre if the surraoWng rxifPbarIxxxJ. ar the CitJl 3. That 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 by Title 17 of theLEMC The prrfX$ed driw-t:hrr:ugJ lane associaud to a rfStaura11l use krat<<J at Dexter A 'CEI1Ue ard Crarx? Strret, A PN 377-030-071, has ken dtsiwm in wnsU1eratian if the size ard shape if the prcperty. Further; the prrja::t as prrfX$ed ui11 <<jWl arxl/ar excmJ the quality if the existing deuJoprrmt am W1J create a Usually plmsUf9 mn-detraaite niationship bemeen the prrfX$ed am existingprrj<<ts. ""'" ACENDA ITEM t.JO. ~I PACE 11 OF l ~7 PLANNING COMMISSION STAFF REPORT ""..... APRIL 20, 2004 Page 7of9 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2003- 13, DESIGN REVIEW FOR COMMEROAL PROJECT NO. C 2003-05, AND MITIGATED NEGATIVE DECLARATION NO. 2003-05 FORlA FAST FOOD RESTAURANT USE LOCATED ON DEXTER AVENUE AND CRANE STREET - APN 377-030-071 4. That 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. The prcpa8i use la:aud at Dexter A 'fEJ1Ue arx1 CrarK! Strret, APN 377-030-071, has l:xm. m..iew.d as to its rri4tion to the Wdth arx1 type if pau:nmt rmltd to amy the type ard quantity if traffic wuauxl, in that the Dry has adtquatdy eu:rluaud the paential inpaas associataJ Wth the prcpa8i driw-thratgJ larr prior to its apfJYUll1l arx1 has anlitiorHl the Jmia:t to be serud by mu1s if adlquate capadry ard dtsiwz stanlards to procide reasonalie aaI!SS by em; trude, transit, ard bic;de 5. In approving the subject use located at APN 377-030-071 there will be no adverse affect on abutting property on the pennitted and nonnal use thereof. ".-.... The prcpa8i use has l:xm. ~ly red.e1ml ard anlitiorHl by all applia:thle City Departrrrnts ard attside Awm, dininating the paential far any ard all adr.erse ifJa:ts an the ahuttingproperty. 6. Adequate conditions and safeguards pursuant to Sections 17.74.50 of the LEMC have been incorporated into the approval of the Gmditional Use Pennit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Soction 17.74.050 (Action if the P!drrnirg Comrission) if the Lake Elsbvre Munidpal Cale (LEMC), the driw-thratgJ larK! associataJ to the restaurant use la:aud at APN 377-030-071 has l:xm. sdxrJukxi far ronsideration ard apfJYUll1l if the Planning Cormission. Design Review -Commercial Project No. 2003-05 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The prcpa8i arr11'1:Itid Jmiff'l la:aud at Dexter A'fEJ1Ue ard CrarK! Strret, APN 377-030-071, cmpliRs Wth the fP1ls arrl dJj<<tius if the Gerrral Plan, in that the apfJYUll1l if this arr11'1:Itid projff'l Wll assist in adJieUng the deuiqmmt if a w:ll-~ arxl furxtWnal rrix if residential, CXJrmFrCial, irxlustrial, cpen spa1P, nx:rratiornJ ard institutional lard USES as w:ll as erx:auagjng arr11'1:Itid lard USES to dnersify Lake E Isbvre's eaJrXJnic ooe 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. "...... ACENDA ITEM NO. ;31 PAGE 96 m: 1~:1 PLANNING COMMISSION STAFF REPORT APRIL 20, 2004 Page 8of9 "-"'" PROJECf TInE: CONDITIONAL USE PERMIT NO. 2003-13, DESIGN REVIEW FOR COMMERQAL PROJECT NO. C 2003-05, AND MITIGATED NEGATIVE DECLARATION NO. 2003-05 FOR A FAST FOOD RESTAURANT USE LOCATED ON DEXTER AVENUE AND CRANE STREET - APN 377-030-071 The propa<<i ClJlm1!YCial ptrjoct la:atm at Dexter A'W1lle ani Cra11!! Strret, APN 377-030-071 is apprrpriate to the site ani s~ deukprrmts in the ClJlm1!YCial ptrjoct has bren desiwm in wnsiJeratim if the size ani slupe if the prrperty. The ptrjoct as propa<<i Wll <<jUt1l or exmd the exis~ architatural d6iij7, cdar, mtteriaJs ani site desi[p 3. Subject to the attached Conditions of Approval and Mitigated Monitoring Program, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant S<<tion 15070, Daisian to Prepare a NegJtne or Mitigmd N~ Droaratian if the O1lifamia Em.irunnrntal QialityAct (CEQ4), the propa<<i ClJlm1!YCial ptrjoct la:atm at Dexter AW7Ue am Cra11!! Strret, as rer.ieu<<l am anIitiomJ by all appliaJie City DiUsims am Departrrents am A wOO, Wll rrt haw a significant iffoct on the emiromrmt pursuant to the attadxd 0n1iti0ns if A ppruutl. 4. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to "-"'" insure development of the property in accordance with the objectives of this Section and the planning district in which the site is located. Pursuant to S<<tion 17.82.07 (Action if the Plaming Camiss~ if the Lake Elsimre Muniapal Oxle (LEMQ, the propa<<i ClJlm1!YCial prrjoct la:atm at Dexter A 'W1lle am Cra11!! Strret, APN 377-030-071, has bren sdxrJukd for wnsiJeratim am appruc11l if the PIarrning CamissWn. Mitigated Negative Dec/amtion No. 2003-05 1. Given that project impacts have been identified as Less Than Significant Impacts with Mitigation Incorporation, cumulative impacts are not foreseen. Pursuant to the eridenE re:eiuxl in the liix if the Wxle rrrord prE5ent<<l to st4t the prrj<<t Wll rrt haw cumJatice inpads on the emiromrmt wnsideri.rf!, the appliaJie 0n1iti0ns if A pprrR11l am M iti~ M onitGrirri Prug,ram 2. The proposed project does not have the potential to significantly adversely affect humans, either directly or indirectly with mitigation measures. Pursuant to the eridenE re:eiuxl in the liix if the Wxle rrrord prE5ent<<l to st4t the prrjat Wll rrt haw a significant iffoct on the emiromrmt wnsideri.rf!, the appliaJie 0n1iti0ns if A pprrR11l am M itigttion M onitGrirri Program ~ AGENDAI'lEM N!I. .-;'1 r PAGE_ ?JLOF .J~ ~ PLANNING COMMISSION STAFF REPORT APRIL 20, 2004 Page 9of9 PROJECT TInE: CONDITIONAL USE PERMIT NO. 2003-13, DESIGN REVIEW FOR COMMERCIAL PROJECT NO. C 2003-05, AND MITIGATED NEGATIVE DECLARATION NO. 2003-05 FOR A FAST FOOD RESTAURANT USE LOCATED ON DEXfER AVENUE AND CRANE STREET - APN 377-030-071 Prepared by: . . Miller, AlCP, Associate Planner Approved by: nforcement and Planning Manager Reviewed by: Exhibit 'D' Exhibit 'E' Exhibit 'P' Vicinity Map Reduction of Exhibits: Elevations, Floor Plan, Site Plan Supportive Exlubits referred to in the MND; Traffic Infrastructure Fee Study (May 24, 2004) Technical Memo No. I, Table 4; Traffic Infrastructure Fee Study (February 27, 2002) Technical Memorandum No.5, Table A-2; Institute of Traffic Engineers, Trip Generation 6th Edition, Land Use Category: Fast Food Restaurant with Drive Through Wmdow, ITE Code 834. Mitigated Negative Declaration No. 2003-05 Full sized Exlubits Full sized Color Elevation and Color and Material Board (presented at Hearing) Exhibit 'A' Exhibit 'B' Exhibit 'C /"'"" r . 3f AGENDA llEM NO. ' __ ' ; PAGE_9~OF ~/?.i7 - VICINITY MAP 18492 DEXTER AVENUE APN 377-030-071 "" "" " 'v SUBJECT PROPERTY Planning Commission Meeting April 20, 2004 AGENDA ITEM NO. ;1'( PACE--.? LOF I~~ ,,--. RESOLUfION NO. 2004- A RESOLUfION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2003-05 FOR A DRIVE- THRU LANE FOR COMMEROAL PROJECf NO. 2003-05 TO BE LOCATED AT DEXTER AVENUE AND CRANE STREET- APN 377-030-071 WHEREAS, an application has been filed with the Gty of Lake Elsinore by Bickel Underwood to request approval of Conditional Use Permit No. 2003-13 for a drive-thru lane for Commercial Project No. 2003-05; WHEREAS, the Planning Commission of the Gty of Lake Elsinore has been delegated with the responsibility of recommending approval of -Conditional Use Permits; and WHEREAS, public notice of said application 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 Apri120, 2004; and NOW TIIEREFORE, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY RESOLVE as follows: SECfION 1. The Planning Commission has considered the request for approval of Conditional Use Permit No. 2003-13 for a drive-thru lane for Commercial Project No. 2003-05. The Planning Commission finds and determines this project is consistent with the General Plan and Lake Elsinore Municipal Code. SECfION 2. That in accordance with Chapter 17.74 (Conditional Use Permit) of the Lake Elsinore Municipal Code the following findings for the approval of have been made as follows: 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. In order to adnere a wiJ ldarml arKi JUn:tWrnl rrix if residential, wmrl?fTial, inJustrial, cpen spare, ra::reat:Und arKi institutiunallarKi uses, staffhas ~ly emluataJ the larKi use wnpatibility, mise, traffic arKi ether emirun1rrntal hazards related to the prrpaffi Oniitiond Use Pemit far a driw-~ lare assa:iaud to a restaurant use la:aud at Dexter A W1Ue arKi Crare Strret, APN 377-030-071. A a:orrlirYJy, the prcpaffi larKi use is in a:n:urrm:e Wth the Wjffti7.l5 if the GerK:ral Plan arKi the ~e if the p~ distria in uhUh the site krat<<l. ,,--. AOENDA ITEM tJO.~ PAOE 91- OF I 'J.- '7 - RESOLUfION NO. 2004- APRIL 20, 2004 PAGE 20F3 ~ 2. That the proposed use will not be detrimental to the general health, safety, comfort) or general welfare of persons residing or working within the neighborhood of the proposed use or the Gty, or injurious to property or improvements in the neighborhood of the Gty. In aavrd Wth the ~(3 if the 0Japter 17.74 (0nIiti0naJ Use Pemits) if the Lake Elsimre Muniapal ~ the City rrali2ffi that theprofJaffi driw-t:hrrugJ larX! asscx:iata:l to a restaurant use kx:auri at Dexter A 'lEl1Ue arxi CrarX! Strret, APN 377-030-071, mry b::ne a paential to rqptiwly irrpaa the UIifare if persans residing, or WYrkirr6 Wthin the rxifiJbarIxxxi or the City Omsiderirg this, staff has substantiaud that all applU:aJie City Departrrrnts am A writs b::ne been affurdF.d the qJJJOrtw1ity far a thoroogJ redew if the driw- t:hrrugJ fadlity arxi asscx:iata:l restaurant use arxi b::ne in:nrparauri all appliaJie aJI1Tll?J1tS arxV or crnlitims rrlam1 to installation am rm1ntenarn: if lanlscapirr& strret cIa1icatiws, ~ if points if uhiaJar itrg,nss arxi tgnss am aJI1trd if paential nuisarm, so as to dininate any ~ i1rpacts to the wrral health, safety, rorrfart, or wrral 'lRIifare if the surrmnJing rxifiJborIxxxi or the City. 3. That 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 by Title 17 of the LEMC The proJJaffi driw-~ larX! asscx:iata:l to a restaurant use kx:auri at Dexter A'lEl1Ue arxi CrarX! Strret, ""'" A PN 377-030-071, has been dt5iwxd in ca1Sideration if the size am shape if the prcperty. F unher, the prrjoct as proJJaffi Wl1 <<JUal arxJ/ or exmxl the quality if the existing deuJoprrrnt am Wl1 c:rf>Ld:e a Usually plmsin& mn-detraair.e rrlatianship ~ the profJaffi am existingprrjocts. 4. That 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. The proJJaffi use kx:auri at Dexter A W1Ue am CrarX! Strret, APN 377-030-071, has been reUerod as to its r8atim to the Wdth arxi type if pa7I!11'El1t rmltd to carry the type arxi quantity if traffic wrraud, in that the city has adtrjuauiy euduaud the paential i1rpacts asscx:iata:l Wth the prcfX$ffi driw-~ larX! prWr to its approud arrl has wrxlitiorx:d the prrj<<t to k seruxi by rwds if akjuate capat:ity am dt5ign starxlards to pruride reasarnble aar:ss by car, trulk, transit, arxi bicyJe. 5. In approving the subject use located at APN 377-030-071 there will be no adverse affect on abutting property on the pennitted and nonnal use thereof. The proJJaffi use has lren t:hara.t[jiy reUerod arrl wrxlitiorx:d by all applU:aJie City Departrrrnts am aaside A wOO, dininating the paential for any am all cuherse iffocts on the abuttingprrperty. 6. Adequate conditions and safeguards pursuant to Sections 17 J4.50 of the LEMC have been incorporated into the approval of the Conditional Use Pennit to insure that the use continues in a manner envisioned by these findings for the term of the use. ,....." ACENDA ITEM NO. .31 PACE-r-'-~OF 1~1 ~ RESOLUTION NO. 2004 - APRIL 20, 2004 PAGE 30F 3 Pursuant to Su:tion 17.74.050 (Action if ~ Planning OJmrissWr9 if ~ Lake Elsimre Munidpal 0Je - (LEMC), ~ d:riwtJ.nmil1arr assaiattrl to ~ mtaurant use la:ataJ at APN 377-030-071 has bren scheduled far ronsideration am appruutl if ~ Plar111irr6 OJmrission. NOW, 1HEREFORE, based on the above Findings, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY APPROVE Conditional Use Permit No. 2003-13. Ron LaPere, Chainnan Lake Elsinore Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting /"" thereof conducted on Apri120, 2004 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATIEST: Robert A Brady, Secretary to the Planning Commission ,.,-.. AGENDA ITEM NO. 3 { PAGEJ"_OFj~7 -"'" RESOLUTION NO. 2004- ~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF DESIGN REVIEW FOR COMMERCIAL PROJEct NO. C 2003-05, TO BE LOCATED AT DEXTER AVENUE AND CRANE STREET - APN 377-030-071 WHEREAS, an application has been filed with the Gty of Lake Elsinore by Bickel Underwood for Design Review of Commercial Project No. C 2003-05 for a fast food restaurant and associated improvements; WHEREAS, the Planning Commission of the Gty of Lake Elsinore has been delegated with the responsibility of recommending approval of commercial projects to Gty Council; and WHEREAS, public notice of said application 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 April 20, 2004; and NOW TIIEREFORE, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY RESOLVE as follows: ~ SEctION 1. The Planning Commission has considered the.proposed Design Review for the fast food restaurant and associated improvements prior to making a decision to recommend that the Gty Council approval. Mitigated Negative Declaration No. 2003-05 has been prepared for review and certification pursuant to Section 15070 of the California Environmental Quality Act, (CEQA). SEctION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code the following findings for the approval of have been made as follows: . 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The prqx:sfd CIJI1'I11ffCia1 prrifft la:aud at Dexter A W7Ue ani Crare Strret, APN 377-030-071, arrplies Wth the ~ ani chjffti:u:s if the Gerrral Plan, in that the appruu:d if this CIJI1'I11ffCia1 prrifft WlJ assist in cuhieUng the deuWprrmt if a UIil-lt1larnrl ani jim:tional rrix if n:sidential, ~ inlustrial, open spare, rroa:ttianal ani institutional lard USlS as UIil as erratraging CIJI1'I11ffCia1lani UslS to di'lEYSify Lake E lsimre's eromnic htse 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. '-' ?,J ACENDA ITEM Nq. ~ '-r-- PACE .97 OF I'Ll ~ RESOLUTION NO. 2004- APRIL 20, 2004 PAGE 20F 3 The j>>'qJa<<1 CXJI111'EYrial prcjat la-atal at Dexter A W1Ue ani Gran? St:rret, APN 377-030-071 is apprrpriate to the site arrl surroorrJing deukptrmts in the CXJI111'EYrial prcjat has lm-z d6igrxxl in ronsideration if the size ani shape if the prrperty. The prcjat as j>>'qJa<<1 Wll tqUal or excml the exislirf, arrhitatural desiwz, alar, m:tterials arrl site d6ign. 3. Subject to the attached O:mditions of Approval and Mitigated Monitoring Program, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pwsuarrt Soction 15070, D<<:isim to Prepare a Negttic.e or Mitigmd NegJtire Dularation if the G1lifomia E mirunm:ntal Q/aliEy Ad: (CE Q4), the j>>'qJa<<1 CXJI111'EYrial prcjat la-atal at Dexter A W1Ue arrl Gran? St:rret, as reriemd arrl wrxlitiorHl by all applicalie GiEy llidsians ani Departrrmts arrl A~, Wll rKt haw a siwificant iffirt on the errUrun11'l?11t pursuant to the attadxd Oniitions if A ppruwl 4. O:mditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incOlporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Section and the ........... planning district in which the site is located. Pursuant to Soction 17.82.07 (ActWn if the Plarrninf, CumissWrt) if the Lake Elsimre Municipal 0xJe (LEMq, the j>>'qJa<<1 carm1!YCidJ prcjat la-atal at Dexter A W1Ue arrl GrarK! St:rret, APN 377-030-071, has lm-z sch<<JukrJfar ronsideration arrl appruwl if the Plarrninf, Cumission NOW, TIIEREFORE, based on the above Findings, the Planning o>mmission of the Gty of Lake Elsinore DOES HEREBY RECDMMEND TO TIIE OTI CDUNOL APPROVAL of Design Review for O>mmercial Project No. C 2003-05. Ron LaPere, Chairman Lake Elsinore Planning O>mmission I hereby certify that the preceding resolution was adopted by the Planning O>mmission at a meeting thereof conducted on April 20, 2004 by the following vote: AYES: o>mmissioners: NOES: o>mmissioners: ,--. ABSENf: O>mmissioners: ABSTAIN: O>mmissioners: AGENDA ITEM NO. _ 3, ~ PAGE 9~ /-:27 -""'II!!. RESOLutION NO. 2004- APRIL 20, 2004 PAGE30F3 ATTEST: Robert A Brady, Secretary to the Planning O:munission ACENDA ITEM Np.3-1 PACE3JOF 1:J.71' "'wtI' "'wtI' "'wtI' ,-.. RESOLUfION NO. 2004- A RESOLUfION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE OTY COUNOL ADOPTION OF MITIGATION NEGATIVE DEa..ARATION NO. 2003-05 DESIGN REVIEW FOR COMMEROAL PROJECT NO. 2003-05, LOCATED ON DEXTER AVENUE AND CRANE STREET, APN 377-030-071. WHEREAS, an application has been filed with the City of Lake Elsinore by Bickel Underwood to request approval of Mitigated Negative Declaration No. 2003-05 for the purpose of developing a Commercial Project No. C 2003-05 for a fast food restaurant and associated improvements. Conditional Use Permit 2003-13 is required for the proposed drive-through lane; WHEREAS, Mitigated Negative Declaration No. 2003-05 has been prepared to evaluate environmental impacts resulting with the project; and WHEREAS, the Planning Qmunission of the Oty of Lake Elsinore has been delegated with the responsibility of making reconunendation to the Oty Council adopting Mitigated Negative Declaration No. 2003-05; and ,-- WHEREAS, public notice of said applications 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 April 20, 2004; and WHEREAS, a Notice of Intent to Adopt (NOI) has been filed with the County derk of Riverside County of said applications, and the Planning Division has requested a public review period commencing on March 19, 2004 and closing on April 19, 2004; a Notice of Completion has been filed with the State dearinghouse for the same review period; NOW TIIEREFORE, the Planning Commission of the Oty of Lake Elsinore DOES HEREBY RESOLVE as follows: 1. Mitigated Negative Declaration No. 2003-05 has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the Oty's CEQA requirements. The report is complete and adequate in it's evaluation of all environmental effects of Commercial Project No. C 2003-05 and associated discretionary approvals. Commercial Project No. C 2003-05 and associated discretionary approvals will not result in any significant environmental affects with mitigation measures. 2. Given that project impacts have been identified as Less Than Significant Impacts with Mitigation Incorporation, cumulative impacts are not foreseen. "..... Pursuant to the eUderx:e m:ei:url in the lifin if the Wxie 11ID1'ri pn5enJHi to staff, the prrie:t W11 ra Ixne annJati:re irrpaas an the emirarrnmt ronsidering the applicaJie AGENDA ITEMNO-: L 'JJ _/ PAGE-1tJ$L OF ~ 7 RESOLUTION NO. 2004- APRIL 20, 2004 PAGE 2 OF 2 ......" 3. The proposed project does not have the potential to significandy adversely affect hmnans, either direcdyor indirecdy with mitigation measures. Pursuant to the edderx:e nniud in the ligx if the WxJe nrord p715ent<<l to staff, the prqfft WlJ 1U ha7.e a siwifrant tffirt an the emirrn1rmt ronsiderirrg the applicaJle Onlitions if A ppruwl ani M iti[plionM mitoring PrrYtI'am NOW, TIIEREFORE, based on the above findings, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY RECDMMEND that the Gty Council of the Gty of Lake Elsinore certify Mitigated Negative Declaration No. 2003-05. Ron LaPere, Chainnan Lake Elsinore Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting ......" thereof conducted on April 20, 2004 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Robert A Brady, Secretary to the Planning Commission ......" ACENDA lTE",. NO. 3/ ' PACE lOr oF~a.-1 -:--- ,.... CONDITIONS OF APPROVAL FOR DESIGN REVIEW FOR COMMERDAL PROJECT NO. C 2003-05 AND CONDITIONAL USE PERMIT NO. 2003-13 LOCATED ON DEXTER AVENUE AND CRANE STREET APN 377-030-071 PLANNING DIVISION (N de F ff'S lisud in the Onlitims if A ppruw1 are the ret lStimde; amilaJie at the tinr if apprr1C111 1be exaa fee arramts W1l k rr?rieuId at the tinr ifbuildirrg,pemit issuarxe am 1'1UJ k rais€d) 1. Design Review approval for Qmnnercial Project No. C 2003-05 will lapse and be void unless building permits are issued within one (1) year of Gty 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 Gty of Lake Elsinore one (1) month prior to the expiration date. 2. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division for Plan Check All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. ~ 3. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the 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! Gty Council through subsequent action. 4. Any revisions to the interior floor plans that could cause the requirement for additional parking shall be subject to the review and approval of the Community Development Director or designee. 5. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property) public streets) or Interstate 15 Any material covering the roof equipment shall match the primary wall color. 6. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 7. All loading zones shall be clearly marked with yellow striping and shall comply with the requirements of the LEMe ~ 8. Applicant shall meet ADA (Americans with Disabilities Act) requirements. Page 1 of 6 ACENDA ITEM !to~ 31 i PAC;E~/b? OF l~J - CONDITIONS OF APPROVAL FOR DESIGN REVIEW FOR COMMERCIAL PROJECT NO. C 2003-05 AND CONDITIONAL USE PERMIT NO. 2003-13 LOCATED ON DEXTER AVENUE AND CRANE STREET APN 377-030-071 ...., 9. The applicant shall construct a 6 foot wrought iron fence with pilasters along the northwest and southwestern boundaries. 10. Trash enclosures shall be constructed per Gty standards as approved by the Community , Development Director. A minimmn of a 5' landscaped planter is required on each side of the trash enclosure. 11. No exterior roof ladders shall be pennitted. 12. Applicant shall use roofing materials with aass " A" fire rating. 13. All exterior downspouts shall be painted to match with building exterior color. 14. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a $1)000.00 cash bond) submit a site plan and processed through the Planning Division. 15. Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved by the Community Development Director or designee. ...., 16. On-site surface drainage shall not cross sidewalks. 17. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 18. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Landscape Architectural Consultant and Planning Division. PRIOR TO BUlIDING/GRADING PERMITS 19. Prior to issuance of any grading pennit or building pennits) the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 20. All signs require review and approval by the Planning and Building and Safety Divisions prior to installation. A Sign Program will be required if a Freeway Sign is proposed. All Sign Programs require review and approval by the Planning Commission prior to obtaining sign pennits. ...., Page 2 of 6 ACENDA ITEM NO. 1-'31 , PACE -[03oF_}i/l ,,-. CONDITIONS OF APPROVAL FOR DESIGN REVIEW FOR COMMEROAL PROJECT NO. C 2003-05 AND CONDITIONAL USE PERMIT NO. 2003~ 13 LOCATED ON DE XfE R AVENUE AND CRANE STREET APN 377-030-071 21. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the Gty'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%) Gtyfee. . 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 Gty's Street Tree List, a maximum of forty feet (40) 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 Oty's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the Gty. 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. ~ 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. ".-. Page 3 of 6 ACENDA ITEM NO~ 31. ,. " PAGE Jb'l: OF ~il14- CONDITIONS OF APPROVAL FOR DESIGN REVIEW FOR COMMERCIAL PROJEct NO. C 2003-05 AND CONDITIONAL USE PERMIT NO. 2003-13 LOCATED ON DEXTER AVENUE AND CRANE STREET APN 377-030-071 ......, j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 22. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Ollef Building Official prior to issuance of building permits and final approval. 23. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 24. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside Connty Fire Department have been met. 25. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ......, ENGINEERING DIVISION 26. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMq prior to building permit. 27. Dedicate sufficient right-of-way along the frontage of Dexter Ave. to provide for a future 100 ft. wide street (50 ft. half-section) with a 1600 ft. radius to the City prior to issuance of building pemnt. 28. Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be sub~tted to the Engineering Division for review and approval prior to issuance of building permIt. 29. Pay all Capital Improvement and Plan Check fees (LEMC 16.34). The traffic mitigation fee is $15,815 and the drainage fee is $7,885 (Third St. distr.) This project shall also be subject to TUMF Fees in the event a building permit is not pulled before July 1, 2004. 30. The northeasterly driveway on Dexter Ave. shall be relocated to Oane Street and only one drivewaywill be allowed on Dexter Avenue. ......, Page 4 of 6 AGENDA ITEM NO. _ 31 PAGE .. ! bS-OF ~l(J;J ,........, CONDITIONS OF APPROVAL FOR DESIGN REVIEW FOR COMMERCIAL PROJECT NO. C 2003-05 AND CONDITIONAL USE PERMIT NO. 2003-13 LOCATED ON DEXTER AVENUE AND CRANE STREET APN 377-030-071 31. Submit a "Will Serve" letter to the Gty Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for a building permit. 32. Construct all public works improvements per approved street plans (LEMC TItle 12). Plans must be approved and signed by the Gty Engineer prior to issuance of building permit (LEMC 16.34). 33. Street improvement plans and specifications shall be prepared by a Calif. Registered Gvil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and GtyCodes (LEMC 12.04 and 16.34). 34. The applicant shall furnish a traffic signing and striping plan for Dexter Ave. and Gane Street, subject to the approval of the Gty Engineer. r--- 35. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 36. The applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 37. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 38. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit issuance. 39. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Gvil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the Gty 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. 40. Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and met the goals of the BMP in Supplement <<A" in the Riverside County NPDES Drainage Area Management Plan. ,........ Page 5 of 6 AGENDA ITEM NO. 3 L ,.) , . ' PAGE ./ ~ OF lft;7 ~ ~ CONDITIONS OF APPROVAL FOR DESIGN REVIEW FOR COMMERaAL PROJECT NO. C 2003-05 AND CONDITIONAL USE PERMIT NO. 2003-13 LOCATED ON DEXfERAVENUE AND CRANE STREET APN 377-030-071 "'-'" 41. 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. 42. Provide fire protection facilities as required in writing by Riverside County Fire. 43. On-site drainage shall be conveyed to Dexter Ave. or Oane St. or accepted by adjacent property owners (Catrans) bya letter of drainage acceptance or conveyed to a drainage easement. 44. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the Gty Engineer. 45. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roofs should drain to a landscaped area whenever feasible. 46. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a swppp for post construction which describes BMP's that will be implemented for cleaning, building maintenance, landscaping and irrigation. .'"-111' 47. In accordance with the Gty'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. End of Conditions ~ Page 6 of 6 AGENDA ITEM NO. 3l--+- PAGE-.loloF I~7 , "".- w ,0 x I "is N't'Tl'f' 1'VHIN30 ~ 4 "3N,' ~! ! ~l J! ~ 'Ii~!i!l' o ..rl'.~ ~.. . < ~ !iiI.: z o ~ ~llJ 11""..:1 :s I ]. & Ut;:la ~ i5 ) ~l! . ~:I I I ~ l}::!:;j z.t Ii I ~ \.! ~i~j~~i BUt ~ I:!f! 'Iil~ a..!iJ"~J ~lf;r;::s .H~&en~; dd iJj ~;:J 5 b:~dln~( ,s,. ~' o. ~. o ~ f\:;\ z ~ .'6) :s ~ I . Q..~ ~a Vi . "" \ '-:' \." ;- . ., ~. o \ ~ . " ~.....~ ~\-) ~()--- ~ ~ ~~ ~ ~ . ~~8 ~ Q~ ~!1 0) : j!J ~ ~~ ~ Ft . i~ / / ~ ~~I! / / I !~i >ac ~::~ / --- ------ / w .i / ~ ~~ : ~~ ~~ !g ----t~ - !:- ---7 --- I I ,......... / I I . / ~.. I / f m . <Cli~ Ii :1 .j r I ~::. .~ I I i~ I I ~t ::>, L ~I .~~ I >, 3: ~i! J <I '" ". uJ . '" ~'" ~' '" ~I Z<<> l - X' ~I 0, .-.:;--- lIAV Winv I I "".- uT,l , i I I ~. !. ;i_ ~~ r;;t r~j ii I s:;1 8~i Hz I I ~l!! H~ ~.i ~h I , I I 1 ~ 5 ~i .. ~o K{ ~i ~ ACENDAI PAC Cl ;.Ii 8~ ;1. ~~.~ Pld ~. !i ~; ;I Iil: ij lj:JJ '2 f led 0/ 11lv~ Ie> Cl . ~ ;Z !~ i3 "" n. ~~ on ~ll IL .... 2 2 2 ~~ N , ~ "' .y v; z .:MY lYl:UN30 ~ ~ ~ '" ~~ .... <D ~ ~ => ;z !;:~ ~ ~ i! >- ~ .... ltl ~ ~ -< ~ ~ z z Z ~ '1 Ii: 0 I ::> ::> 0 ~ U D "- ~ ~ ~ .... oJ ~ "" I- u ~~ Z 1;\ V> "" >- :J 0 <D I- Z ~ OOO@O 0 <( <D -l ::> r 0... on ------7 I / I I / I I I ~ g~ .:~ !;I!! ~ li i <1 ~ ~ ~ ~ --- ~ ~ ~ ~ '" ~ I!) ~ ~ l" ! ~ z H ~ ~ ~"" ~':J ~ ~;:; ~~~?f ~ Ie ~3 ~~~::. g r" ~jl "- "~"F? ;;; ~ ~ ~~ ~~ :~,~ tt ~~~ ~:r~ ~l'! ~~~~ ~~ ~ii::Z UI}tl 2'::f:W ~CD;~ ~Ii ~;= Q: 0/[ :i~~ 8>~t.' ~~ :~g; ~S~~ ""- ... 8 0 ~ ~~ ~~ iii!! li ~ ~- ~ ~ Cl ~iri ~ - ~~m " ~~~ ~~~ ,. b~ -< ~~~U ~~ ~!'ldl :I: ~i?~ -- \"1 I I / , ---~------+---_._---- L S 'if N V ~ :> /' / / I / / / / I I .,1 ~, ~I >, <I ~' ~I ><' ~I 0, ---l I I , I / z ~ ,g~; I ... . -~ l5 a k ~ 3 ~ . ~ ~;~ a - ~ 8~~~:51n bl :l : ~~~~~~ i 1 " ~~~~~\1 i5 0 ~ ~~:::~! ~ g" ~ ~~o-i~ 0.1 I!~ ~ ;/j:\L<f ~~ ~~ ~ i!~~"!"i cl!l ~~ It ! "'~" J. .~ ~~~;J~ll ~~ i~ ~o"'ilJnl' ~. 08 6~g~~~i 3~ e! lJ~ N -~ ~. wi\ 'Ot -~~ e~ ~~ ~~ ,.~ Ii. !~ i~ i~ U ~9--"~. d ~~ f; ~~ i~ ~ gi Cg !;I~ ~ 8 1 ~ ~ 1 .. ~ ~ ~ I . :i .... .l ~ i" ~ej i~d ~;; ~~ ~ ~ ~~ ~}~ ~ ~&l~ ~:-~ z ~ <a't :>; ;:;~~ ~n~ g V),5~ ~~.~ ~~~~ ~~ie~ ~~~ ~~~~ ~lm ~ ~~~ ~M!!i " .; '0 o 10 I ~ o z -< )-t= ~ fu~ ~j! ''0' ~o J~~=-~ ~ I3lj ~~~~~~ ~ ~ Q ~~~~~... III.....~ i~:;~Ei~8 ...~ .~~"".~lr ! !i~iii8!: ~ g i f;l~ilRiw~~ ~h~ ~~::~c~ ~ g u ~~~ ~ ~3i~h- ~~ i'f';ii ~~~ ~~~JH' i:!!:l'!l::! t::,,(' ...... !W8....- ~IIC B ~" ~zl:i..z ~g~!:\ ~Sl~t;t~p5 ;(i5!eii!' ~~~~Ax "'~ ~:~;.. !t~UIil\U:5 ili~~l; i~~~~e!la. ,,8 i ..!l81"~h, ~ ;!~ih ~~:~~tt~~~ ~~~: ~i -- g ::l~"'~ ~ II ~ ~ ,/' ~o" ~ ~ l\~!3~ ~~"l\l1 "" J Vi~ CJ"" 'Z ~ 'III tolll ~ <l! 0' c ;<,~~.~ ~!!~ is o;-lI"~~ 'z.~.:e ~ ili oU"'owF ~~ l "~.O 3~. -~i:I ' " ~o e~~. ""', ~';' ~'~ ~al~~W u" r~5~~~~ ~h !i~ ;w~t~ i'l!li~{S ~ n z~~~~~. i-3 ~i ~~~~~ ~9i ii .~~ i~~!~~Q ~;[ ~l1 ~I;~~ if; , i ~~~ ~ ~~h i~ ;if~~ ~ ~ ~~~ ~ f.z'~t:~ IE; ~~!!a&; !liti~!'l ~~_D.: ~~ i'~o> o~ g~~ ~.H;( ~ if;:; "'."':. llf Dh~l\~ :i:I ."..l..y.. ~ i~ot:!~~ ~%Q~W uii ~i~(2~~ ::tJ!!!.lj<i: eIi3;~~ ~~'i'2l\ ~~~a~ 511 ~ l1~~& ~ ~l\!~ft~ ~;i~g;i ~f~~!l &'.i ;il~~~~ ~ h~l\~li . 01'" l\>u~~" '~l!~' k'>'~~ f:5.:;}.!l~z ~y~~~ in~ :?aeg ~ 3 !L"~~~~l ggj!31!~ ia5~~ ~~ ~~~~~~ It ;a~~~~ o.~....o 0 e 0 a.... ~....o ~~ oS ......~~ '~~gl1if;~ [" ~l! w~ ~~~.~ if;~W ~~__~e i~~~~~a 2 ~~ ~i~&~1 ~~~ : < . i ~ ~1 '. V> ~l: ~ :~ ~ g! C? ii :z u., F= ~: ~ ~~ -' ~! 0.- ~~ ~1~~I!iir.; F=tli- "It ;., " o , ~' ~i lIti '-" ~il ~h ~ ~~ ~~ ~ :PJ ~ ~~ ~ ~ ......, ......., AGENDA . . . '1>1, PAG UlilLOF li7"-- ~ {8J ~ i i ~ ,Vl:UN30 ~ ! / , ---~------+-- .~ S 3 N V )I :::> / /7/- I' // ../'J~ ~ , + , i ------7 , / / , / / I I / , , / / , It , . , I (QlI.1Y:>YA) anHlIAY Ha~~Y ~ Q. . o (\A Zit i~~~ 01. ~ . Z ~ b ::J LU I:C Q. ~1",j!it"iI . o ~ ~[bl ~~8: (;J Jimii; ij ~ <8 ] ~h ~i!t ~a ~ ~~ 5 ~ ~~ >0 'I ~~ {J .. o. gi F1 ~ AGENDA IT M _ PAGE_'- JD1-0F_J2--7---t. -lm~- _._~n ~-. n_ -.---------.-.---.--- ----. _uu. . ..--.- - ----... n.. ---.....-___... ~m.. ...-.. ... . 5lK-K1JI8~:m Ii St>106 Y.> 'No$w.) WJMlnoBS.1M 919 , SIZl10cAMl ()"K)NV:}BNMO i \IINlIOII1Y.) ':IlIoNIsa JlIVI I' I INWnviS3iJs,WOl I i I ! I I I I I ! , mO-tst'6KXVi mo-tst'6K _ Y.> "P"II-"'"N . WI -..s -""'lIS 'P'!lI OOK lIOI,l....O..oo YINWO..'1YD Y .I.0..I.IHO." ...1 ".]1.0.. .. ..JIII"t aOOA\.lUI<INfi'ItDDIg m .. . " . I .c~.O(; 4 ~ ~~ .. "' --------1 e_....._l_....t~- - ..um _u.1___ -- ACENDA ITE~ NR;. .31 _ ILO Of L~. .....1- --- ..' e::... 0 'I' ~~ q ~ ~ 'If-''> j!! ~ Ii!l S < . 3 j!! II; ~ Ii lj!!il ~~ ~ ..&lU II i ......" iffi ~ Q. ad Oi 9~ ......11 ! ~ ~ t g -: ~ ~ ;~~;~~ j ~ ~i ~ !3! ~ I o ~ c; c; :!; i III ~ 1111 . . . "= ~i I ~I ~I il .1 ~ Ii ol!~!11 is It it It !!l ai i t. ~ . ~ e 0 [. . ii ~j i [Q] I; qll i I ~I;I ~hii :a ! HI ii}!i I .< ~Ji'l d~ f 0 lilE ' "' ~ i! iji ~rl ; " ! IHI ij:l~ i e ~I' ill-llal.. ~~ ~ Ii II: ~n ~ p= r.--~ ~ Ii II~ rll20 . ~ d{Q]J ~:'~ l! g:1 !~. . o~ii,!, I; gt.!!!1 !i U ~ '2fi~ n: ~I!~ ~ ~lli!ii g: Ji i iili;' ~ d I~ i "'1 I~ ~i!1 Ilii! h! i! i i~il II il g i~~ 1111 o!ie l:ir ii ;i 5 dill vn . . ,~ . !cl"l" J L I !d.dhpi ei ~ Ilq if · iH. ~i!i Ii 'Ii I! : i: i~ ~~I i ~Hh! ~III ~I'h! ~111 lle..e il"' .~! ffih~~: !iihi,H!:~!! ol~ I~ ~hl';:riih I~;; ~.t .hU!hilih!~! Ii ... .. . . .... .. .. !: ""-' ~ ~ ~ I' i ~ t~ . ~ ~i ti ! i It~ ~~ . I ri !sH ~ i . 8 ..:. l! ~ I A l! H~ ~i i ~ : it ~ Ii;! ; ; r .U 5 h tf] z - . ...., SLK-KlI (8U1) '"B1 stl06 v.> 'NosIIV:> WBo\lnoBS JSVUt9 SIZIlOdlMI 0l3!)NV =lBNMO YINlIO:IrJY.) 'JlIoNIm DVI iflNIAV1II1laO Z&Nl .lNWnV.lS3'H S.WO.l / ( \ \ l ! 0 tt) < i I I !i JI Ib III II!i !il~ ~ Ii H!i I ~ ~ ~ ~ ~ -c ii! ii! l!! 0 -c <!!II ::II! '" '" 2 0 ... ii! -c I!! > >< ~ ... ... z' O' ~ ~ ~ nSO-lSL'6KXYd mO-lSL"6K Dm6 VO "P""ll-'>>N "on "'!"S" '""'IS 'P'!lI OOK IrIOI:&YWO..OG YIII.0&1'1.3 Y .&-08.1.JHD..V "I "J.~OI. .. ._..Yl' 8 8 e e e e e @.. 8.. e 8 a aOO.4.\.lIHONfi 1IDIOIg z!> 0-; H~ ~ j .. x 0 x " J: Z ;;; g 0 ~ 0 <( ?: ~ ~ ~ > 0 z ;;; .. e. J: ... g 1i 0 0 0 ... 2 2 0 'i ~ 0 w w 0 ~ ... <( il: 0 ~ w z Z 'i ~ 0 ~ rr: <( .: -..-.~---D " w :t " g ;/ > " ~ ~ 3 x x UJ Ii: 0 0 .. <5 <5 w !:; !:; " ii' rr: z 0 0 0 0 ... 0 <( :; g " ~ 0 0 ;: 0 .. ~ .1 D ::> i? 0 0 .. <( .. ... J J rr: rr: 8.. 0 UJ rr: UJ UJ <( <( ~ :;> UJ ::> "-'r"--'-- --- ~ <( <( 0 0 <( ... rr: rr: w w ~ ~ 6 0 >' .. .. ~~ ~ :" <( <( >'.. >' >' .. >- J: J: X ~ ~x ;tx ~ ~ x 0 ~ ~ ~~ <( <( rr: I 0 0.. 0 0 .. <( i ~ ,.; ..; .; .; '" " .. .. ....._---~_._..- 8.. e , i ~ a.. 8.. I ~~\" - -,-.=--- ~', '\" A '::Co, y '" - - -t-_. -- \. "\ ',,\ a.. ~.. 8.. @)... e e... D'-. ...,,~. ~ ' .- '~" D, --_.-. ~ .~ ,,'\, __..r~~:;l -~J--- [23. "..... '-. . '" v .-, \\~" 8 e a e EEl EO I J i ;- I f J \ \ \ + !.- ~ ~ .. '" \!> ,., ~'CiENO ITEM 'NO. ~ I ... <> "; ..., p E...Jli /' '!' '" ;.. OF I;LI I e e 8 GUU ~... e .Uuu.'u e 8. ~u @. (0U Sltt-KllllJ.II) :m. St>106 Y.) 'Noslrv.> WBAYIoSS.IM 9Z9 SJ:ZnO.nMI 01DNV =l3NMO w.IlIOmv.> 'MlNIm iIlM 3flI6\Y lIWaO ZliHIl lNWnVlS:nJ S,WOl nSO-lSL'6KXW mO-lSL-6K .owu Yo)"-' -"'"N - on "'!"S - ""lIS 'P'!lI1llM NOI.l..'IIO..Oo. YI.'II0.''1.3 Y .J.oa.l.JHOW'" --wr '.11:... .. .."YI aOO4.\1mONfi '1IDDIg ~ .. x " x " x Z ;;; D .. 0 0 ... ~ 0 :: ~ ~ > 0 z ;; ., ... x ... f! 0 0 0 0 ... 2 2 :i ifi 0 ~ g ~ ... a: 0 a: .. z i .. w w 0 .... :;: >- ~ > a: ... 0: .. .. z ~ w it .. g .... <; >- ~ a: 3 x x ... 0 0 !:: " '" .. " ~ ., <5 <5 w ~ ~ ~ " ii: ~ ~ 0 ... 0 0 0 0 ... ... g " w 0 0 :> 0 w w z ..... 0 0 ., ;t :;: c .... ::> ;? E .. ... j .:; a: a: .. a: ... 0.. .. ... ... 0 0 .. ::> " I!! 0 0 ... .. ... ~ ... ... ... ii: ~ a: a: w w ~ ~ 5 0 ... ;: ., ., ""N '" ~ >- ... ... ...- ..... ;: ;: .. % 0 ~ ~ x :z: ....x ;tx .... .... 0 0 ~ ~ ~~ ... ... " a: 0 "" 0 0.. 0 0 .. ... ~ I!! >< " .. ..; .; .. .. ,..: .. .. 51 ... Z~ 0$ ~ ~ ~ ~ ~ .::>-~,- . r:Q -' "\. ...... ,\~ ------ ~ ----~~- , ' :3j - '~-- ~ ~l ~~;.==~~~.:l _u _,,~~u_~f~~~~:u uSl ~I :~'L., ' -~~~'t ~I U U 1-<1 ~ 0 0 '" '" '!! ;.. '" '" (0 e e U 'U' UUUU (0U GU 8U e 8 @ e e (0 @ "UU'UHU e e e G ~ <> ~ ~ ,.. tti -< i i '-' ~. ...//.. /L...L Z!i 0"- l=;$ ~ g o V) w=J .:.:.::_~. r:a;/ . -- ,/ t ~ ~ Jill - -'.'JB- ........~ :FJ=, II '-' ~ ACENoJ NO. . PA~UJ?_OF ,-.. ./ '.'-" r- -. \ .- i. .. l"$~8';~rlft( . _.:' " ..-' ", ::-'.~y ;--.> . EX' I S ~ i N G ~. ~'..:I~i:Ii~~fir - . --,' . .. . ., -~ --". -". ,,' .,:."'....,-<.-- [ ,. '- -....,.-"'..-,....,..... . ". ;..": ",c. :-__ " ,"-,' ;'-:-~: -.~:~.:.;,:.'.~.-~."><-:':;.-~:';'.-::1;'/)~::;,.ir;:;..;' -' CITY OFL:A~EE~SJ'IN~~; . . - .,; - - -: .- ,:.:..'..~-:.: .~-',:-:>:.:.:\.~<::~\.!:~:;'>. '....q.iU:. <i~('~~~i:~ "'/;-." ,". ::-::::,',,:,; ;~:';::\;::~' \. . ;c' -~ ,.-- -~:-'?'t.;>-_~' .'!" ;~~ -< - - - ,-,;..;~. .:,. ... . . : -.~<":.: "~E -.;.-ot:~::;;;,:: ~.::~:~:~0~~~:';-. .,.- . . . .- -, .-..J: ;""""rt;f, ,~~Ii~~' , "~:lp:!lbi"";~~', ~"\~~~'~\C:hW , . I~"'C1'Y:i~:;"S' .~"'.' . " :,.;..>~.:.~:.0,;i.~:~J:: 'L.;~i;irp :.;.~c?'J"':-'./::~ ,.~ebf\l~l1'.~!,~~~~.~rGf~, , - 'A'IT[' uN~"""'. 3( ":";"'.';,'.F ,ACEND . 1'0 " '.,.~, n. d ,_,:\>,: ,.,' -;-. ,PAQE.Jt2~~F~/~7%;:f: <.$ i!: ~ o o ~ ~ I 'F 1 I ! ,I i ~ ! i i I! , 1 ! I : ! ! : i ! ! i I I 1 : I' ! ! ! ; j : ! 1 'I' ! !! i ~ Iii I I ! ~i<!~I~\O\~I<\<I~i<\U\< ~ < ~\~\~ r" ! I ! I I I i I :,' I' I ! I' \#J 1 ' "i'; ! O :.! ! i Ii:! . I! I ! 'I ! T-----r--:----r-t- +----+-- ~ I 1.1 I!! j I ! I I ~~lol~l<i~I~I<I<I~I',~I~I< ~<~\<I~ I I I I Ii! \ I II! I ,I i i ~ t"-I 0\ ~ N 0\ It"- 0\ N '<:t III') 0 100 00 t"- 00 Cf'I 0 ~1I')'<:t~~O\Cf'I~Cf'looII')Cf'lNoo-t"-1I')1I') o~ddddd~ddddddddddd ! ~ >~t"-OOooCf'lIl')Cf'I~_Cf'I~~~N-~oo Cf'IO\II')~oot"-~_II')II')~NII')Nt"-Cf'ICf'I ddddddddddddddddd 'jf ! Ii ~ : : : ! i \1 i 1 1:1 , I :1 'I :.! ,:," ,. i Ii iLl ~, II' !l r. .~, .~, iI, ::1 ilH I!~ H~ LB q, ~ u t ~ VJ .... o fIj 'i) t ~ = o ~ u ~ fIj a.. ~ - = ~ ~ ~ N .- - CIS = bIl Ci.i ~ ~ - .c CIS fool I I 1~~~N~~~~~N~Cf'I~-~'<:t~~~ S~~~~~~~~~~~N~~~~~~ ~ ' I ~ I I ~ ' -t e I I ~ ~ 0 Cf'I -10 - Cf'I 0\ 0\ N ~ 100 \'11') ICf'l t"-10\ IN 0 -< ~ ~ vi . r--: ~ .,. 0 MI~ . ~ . vi . ~ -N-I~--~~I- -I-'~I-I~'-~- ]]~~~~~~~~~~~~~~~ 0._._ .M.M.M.M .M.M.M.M.M .M.M .M.M .M.M -= (U (U (U (U (U (U 1 (U (U l'(U (U (U (U (U (U (U Us .~.~ .~.~.~.~.- .~.~.- '.~ .~I.~.~ .~ '~I'- ~~~~~~~~~oooo~~~oo~~ i . I ! I \ I .-g g ; ,\ I I \ ; . l'~~ I I i I I I e:: e:: I \'\ I I~ ~ 0 0 I ! \r-\t"-I ~ ~ I ~ I ! ! I u, u\ C<i illS u181~ ! 1 1'1::1::UU;> U ! ! I \........ I .~ U,~ . I ,~i;!!~\~I) ) ]IMI! 0 I! '3 .~llll oll!ll&ll&ll.:l .:li :a1.~1 ~.gl.j; lll-ll ~ 8 ~'1l ~ ~\'fi;''fi;ll~~ ~1~I.fiiO t\"~ .g -8 ~ ~ ..c: CIS CIS CIS CIS i e 00 U CIS'- 0 CIS ]\~\~~~ ~I~ ~ ~.~I~ .E\~ -g ~ ~ j ~cUl~ ~I~!~I~, e::\ e::1 e::~' ~.~ 8\ U :51 02 0 ~ ,''OJ! Ie:: 0010, O:l e::.;>ososus = l! E i g! g \ g I 61 ~I ~! fa 81$ ~ \~ g g ~ 'e s ~!~!~!~!~\~\UIUIU!~! g gl e ~ ~ ~IE-< ~ ~ ~l~:a;~!algigigl~l~ ~!~ ~ ~ .~L~ a.. e::!~! ; ~ ! '~!~i~iU;U U'U 0 00!0 _~ illS ><I,II'),II')"II')III')I,_,"_"_!..!o!,,~ ~;~ .... .... 010 ..c:' 0 " '~' ~' ~"cU~cU 'cU;~Cd ... ... ,- ,- ~ ujoi~!~:~:~i~\~i~I~;~ ~:~~~ ~I~ I I I I J J II "-" :: p ~ 't i :r: 'j. ~: il i l' t t , \ I : , I C)- O "'4 i ~ ] 1 ~ ~ ~ ~ .Q ~ ! :::: ~ (3 "'4 ~ "'4 1 IS ~ ... s ~ .... ~ .... l:::!. AOENDA ITEM NO. ..31 ~ PAowrLoF .I~7 - I"""- REVISED DRAFT TECHNICAL MEMORANDUM NO.5 FUTURE RECOMMENDATIONS CITY OF LAKE ELSINORE ROAD FEE PROGRAM CITY OF LAKE ELSINORE RIVERSIDE COUNTY, CALIFORNIA ~ Prepared for: City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 Prepared by: LSA Associates, Inc. 1650 Spruce Street, Suite 500 Riverside, California 92507 (909) 781-9310 LSA Project No. CLE030 L SA /""""', February 27, 2002 AGENDA ITE~ NC? 3/, PAGE~5-0F J:h7 o z .'.1"'',\JI ',' .'if1'" ::&7;"] \~ftj "'.i,','" ~f .I,.'It..>i & ..'........ .......; j' , j ~ ..:.'.,".'.' .','.",:.'i. i ,,';r; -< .!..: .. .. f- < o o .. .. < < .. ..J tU' ;r'~ .'.. ..j .g I\~.:::! tXf~d ";"''',1 l! Wil'", ~ t'-,<.,~?-:~ - \,1 j I f;f1 .!! "l'i ! 11': I"., , ~~.;.~ "..i '.'~""""'" .......' ~ff;;:j .; .-,~ .-";,. "':".'. .; .,-.,. ,.... i '~,. ..: )~t ";.l' .... .. '-..1, ..f: t.,. d'" ..st . .;. ",'-: ~ ro',> t .: ~.- ;, f~f;~.' ., r ::t ~r- j. . r:~ :'- ; .:,~'l': ... r.' .. I I;;~: III I rfj HIII!f fif' i' ' t ~ i t i"f lltV'~l i! l i! !:i ! " i t" > ~ -. '-1 > 'i rJtt~ ;~~! 1 'I" "1' ; 1 ';;OiL;... - "'! ''''<"1 '" g , ': '1' ~,! g 8. .}. ;" I I i ',,",!!'.' 1 U i J" ~ ~ u ~ u '-" I < 1 :II i I ~,i,~t : ::}'j';') ../-:;.F ." (~~'_'! - "'-.' .;"-. ...... .'.: '. .~. ".",,- .,-, ':-.:1 ,,', , . r-' .. '~:j ~:. ~L~:, ~j ~ ft.::':":: ".;:,_'~ ~;?~:;~ d ;.--',';..,'., ~'t -.z. :";': ~ ~ u u i g i "' I f < " ~ ;3 t f:!\. ,. ~li'D .~;! .; ..~i ~~;: ,j k1J: i4 . '" o i Ii J IS ~\I' ~~ ~ 'li" ,"j, 50! P' ~~ ~ ,..,I~'I ~ ,t<.~~ ~ L':~ ~F ./3:v'?' u ~ ~~ II i ~~.~ "-'" ; M .. I! .~ il e 8 .s !9 1 ;: ~ " Ii :;; .. I- .~ i e i ~ c .. E J r t l I: j "-'II, 'I r (' r TRIP GENERATION 6th EdiUOR · Volume 2 of 3 TRIP GENERATION RATES, PLOTS, AND EQUATIONS . lnstitutional (Land Uses 500-599) . Medical (Land Uses 600-699) . Office (Land Uses 700-799) . Retail (Land Uses 800-899) . Services (Land Uses 900-999) Hi: Institute of Transportation Engineers ACENDA ITEM NO. ",3J-.c--'- PACE~rL-OF_I-:k7- Land Use: 834 Fast-Food Restaurant with Drive-Through Window ."WIIII Description This category inCludes fast-food restaurants with drive-through windows. This type of restaurant is characterized by a large carryout clientele; long hours of service (some areopen for breakfast, all are open for lunch and dinner, some are open late at night or 24 hours); and high turnover rates for eat-in customers. Quality restaurant (land use 831), high-turnover (sit-down) restaurant (land use 832), fast-food restaurant without drive-through window (land use 833), fast-food restaurant with drive-through window and no indoor seating (land use 835), and drinking place (land use 836) are related uses. Additional Data .It has been speculated that hamburger restaurants may generate trips at a higher rate than other types of fast-food restaurants. The data base was tested in an attempt to verify this assumption; . the data neither verified nor disproved it. Future research is needed in this area. Some studies have been omitted from this land use category as a result of a detailed examination of the existing data contained in this land use classification. The only sites now included in this land use are those that clearly identify that a drive-through facility was present at the site. Users should exercise caution when applying statistics during the A.M. peak period as the sites contained in the data base for this land use mayor may not be open for breakfast. The sites were surveyed from the 1980s to the 1990s throughout the United States, with many conducted in the Milwaukee; Indianapolis; and Washington, D.C. metropolitan areas. Source Numbers 163,164, 168, 180,181,241,245,278,294,300,301,319,338,340,342,343,358,389,438 Trip Generation, 6th Edition 1400 Institute of Transportation Engineers I AGENDA ITEM NO._ . 3.1- PAGE~OF -O/;P 7..;.. Fast-Food Restaurant with Drive-Through Window (834 ) ~ Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday Number of Studies: 21 Average 1000 Sq. Feet GFA: 3 Directional Distribution: 50% entering, 50% exiting ip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 242.52 496.12 195.98 - 1132.92 Ita.Plof and Equation 4,000 ---- Ul 1:1 C W a. ~ 3,000 CD U :c CD > CD 0) III CD 2,000 ~ II t- 1,000 5,000 ~ ~ ~ ~ ~ . . . . . . . "".... . . . . . - . - .:. . . . . . . . . -:. . . . . - - . . .:. . - . . . . . . -:. . . . . - . . - .:. - . - . . . . . ~ - . . ~~~~;~-Y" . . . . - . . . ~~ .~~ /' .... .......... .;>...... ........... .... ..,>)/<</.........,.. .....x x . ~ . ~~ .~~ ~" - -. - . -- - -:. . - . - -~ . - .:. - . - - . .~:>~~~.~:~~~~ -;. . . - - . . - - -:- - . - - . - - . .: - . . - . . - - . ~ - . - . . . . - . ~........".... . ,~ X.,,, ~" . .. . .. ;;~)<><'... .. . . . .... . . . ...... ... . . ..~.... ..... : . .. . . .. . :. ..... ... ~. x x: x . x :x * x ~ o I I 6 9 2 3 4 5 7 8 x = 1000 Sq. Feet Gross Floor Area X Actual Data Points ------ Average Rate .........ed CurVe Equation: Not given R2=*- ~eneration, 6th Edition 1401 Institute of Transportation Engineers 31 AGENDA ITEM NO. '-'.. . .' - PAGE~ 11.~OF --2~2- <'t .~ ,,"'~ 1 , , .~ :t .., 't jj -11 ;1 Fast-Food Restaurant with Drive~Through Window (834 ) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. ......., Number of Studies: 63 Average 1000 Sq. Feet GFA: 4 Directional Distribution: 51 % entering, 49% exiting Trip' Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 49.86 0.32 - 163.33 Standard Deviation 29.60 Data Plot and Equation 500 X X ~ ~ ~ ~ ~ ~ ~ ~ , ~~ 400 " . . . - . . " "~ . " - . " . . . . ". . . . ;'. ~ ~ ~ ~ ~ ~ ~ ,~ ~ Ul X ~ ~ ~, "0 ~ c: ~ X ~/ W ~ X ~ ~ a. ~ 'C 300 . - . . x - - - . -')(:. . . " - . ..", " . . : - to- ~ ~~, CD X ~ ~ ~ '0 x x ~ ~ :E x ~ ~ x X ~/ CD ~ :x > x ~ ~ CD x ~'X' ~ 01 ~ X e x , ~ .x. CD 200 . . " - . . X' . ;,_.r- . . . . . " . . . . . . . . . . . . ~ ~ x ~ ~ ~ II ~ ~ X ., to- X ~ ~ x .,. ~~~ x ~ )0( ~ ~~ x x ~ ~ X ;.;...... ~ X 100 . . . . )Rx - " - - "x' . ",' - " -,' . " . . . . . . . . . . . . " ~ " " x' )(.." )( x ~ x x x x x )()( :~x ..- 0 I ,- I I I I . 1 2 3 4 & 6 7 8 9 x= 1000 Sq. Feet Gross Roor Area X Actual Data Points ------ Average Rate Fitted Curve Equation: Not given R2=- "" ''''-''' Trip Generation, 6th Edition 1402 Institute of Transportation Engineers AGENDA ITEM NO. - 3L 4 PAGE,' dO JF /;j.;2 Fast-Food Restaurant with Drive-Through Window (834 ) ~ Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 105 Average 1000 Sq. Feet GFA: 3 Directional Distribution: 52% entering, 48% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 33.48 8.15 - 117.15 Standard Deviation 1925. Data Plot and Equation 300 If) " c w a. 'c I- Q) 0 :c Q) 200 > Q) 0> as ..... Q) ~ II I- 100 400 x x _ _ ~ . . _ _ _ 4 '. _ _ _ _ _ . . . .', _ _ _ . . . _ . .' _ - . - - . - . . .'. - . . . . - . - .'. - - - - . ~ . . " - - . . . - . . . .: . - . . . . . -;;. X ;; . ; ..; X ~ :;,;,;;;;',. x: x x x . ~ //,//' -, -, - - - -';" x- - - x - -;- - - - - - - - - ';" - - - -'' ';- --", ~;;<...." ,- - - -, ';x' -, - -" '~'" - - -, ,- x . : x ~;,;,;" _'X'v X """."..... X x:" }5/ . X x~. ~ x X ,~/; )( X : x >x /.-x: X, ~ ,)1./ : x. . . . . X. ,; X. . . . . ,-" -" -, ~ -, - - -xx..';;;' -" xx' ':"'" "'x-:-' x' - - -, ':' - - - - - " , ~' -, - -, -": - -" '" -, xX . >>-r(< . ?< /~x~ x~ ~x X : ~ x: x // X ~ x*x ~ /' >0( X xx .~ x XXX X' ?< O. 1 I 7 I 8 9 I 5 T 2 6 3 4 x = 1000 Sq. Feet Gross Roar Area ------ Average Rate X Actual Data Points R2 = **** Fitted Curve Equation: Not given 1403 Institute of Transportation Engineers AGENDA ITEt! NO._ ~]-t PAGEJ?::J-OF 1a.7 Trip Generation, 6th Edition CITY OF LAKE ELSINORE APPEAL OF PLANNING COMMISSION ......." PROJECT NO.(S) PROJECT APPLICANT PROJECT LOCATION DATE OF PLANNING COMMISSION ACTION Conditional Use Pennit No. 2003-13 Bickel Underwood (Owner: Tom's Restaurant, Attn: Angelo Dexter Ave. Near Central Ave. ~ APN 377-C30-71 Karpouzis APRIL 20. 2004 l, the undersigned. hereby appeal the above action of approval/denial by the Lake Elsinore Planning Commission, for the following reasons (Please cite specific conditions, by number, if appropriate). Please see attached materials- ...., Cyril J. Dantchev. Attorney for Avvlicant Dino Foutris Print Name 701 Broadway. Suite 800 Address San Diego. CA 9210 1 City State Zip Code 619-239-8700 Telephone )(\.\\erf~ E"c, .;.. \\..o'f ......." AaENOA ITEM NO. 31 '" PAGE I~OF In ALHADEFF & SOLAR, LLP ."......... A LIMITED lIABILITY PARTNERSHIP INCLUDING A PROfESSIONAl CORPORATION 43460 RIDGE PARK DRIVE, SUITE 270 TEMECULA, CAliFORNIA 92590 MAIN TELEPHONE: (909) 699-7556 FACSIMILE: (909) 699-6191 OffICes in San Diego and Temecula, California April 29,2004 SAMUEl C. ALHADEFF SALHADEFF@A$LAw1.COM HAND DELIVERED Vicki Kasad City Clerk City of Lake Elsin<?re 130 South Main Street Lake Elsinore, California 92530 ,......... Re: Appeal from Planning Commission's Approval of Conditional Use Permit No. 2003-13 on April, 2004 (Dexter Avenue, near Central Avenue; APN 377-030- 071) (the "Project") Dear Ms. Kasad: Our office represents Mr. Dino Foutris, who owns property adjacent to the Project. Mr. Foutris hereby appeals to the City Council the resolution ofthe Planning Commission adopted on April 20, 2004, approving the above-referenced Conditional Use Permit No. 2003-13 for a drive through facility for the Project. This appeal is based on the following facts: . Background On October 21, 2003, the Planning Commission approved the Conditional Use Permit, and recommended approval of the Project to the City Council. On November 25,2003, Mr. Foutris appealed to the City Council and, after considering the matter, the City Council sent back the application to staff for further study and analysis, with instruction to bring back the matter to the Planning Commission in order to address the following issues raised by Mr. Foutris: I. The project is subject to that certain Declaration of Protective Covenants, Conditions and restrictions (tlCC&R's"), dated June 28, 1990, expressly provides that no improvement shall be constructed, erected, placed, altered maintained or permitted in the Park until plans and specifications and other documentation that may be required have been submitted to and approved in writing by the Committee. The Applicant had failed to obtain such approval, and ,-... had failed to even contact the Architectural Committee ~( AQENOA ITEM NO. "'" PAGE.la1 or 1 A.. J~ ALHADEFF & SOLAR, LLP City Clerk April 29, 2004 Page 2 '"""" 2. Traffic issues in and around the Project area were not addressed in the original application. Particularly, the drive-thru lane created egress and ingress problems, and no traffic study had been completed for the Project, analyzing the cumulative traffic impacts and identifying the mitigation measures that would be needed. Finally, CalTrans comments for the Project had not been obtained. 3. No environmental assessment for the Project had been completed. Following the City Council's instructions, staff completed an Environmental Assessment and prepared a proposed Mitigated Negative Declaration for the Project. However, the new report and environmental documents do not adequately address the issues that were raised last October. . The Applicant has not, and will not, contact the Architectural Committee At the October 21, 2003, hearing, Mr. Foutris requested that the Applicant consult with the Architectural Committee with respect to his proposed improvements. This request was followed by several correspondence from his legal counsel, dated October 23, 2003, November 12,2003, and December 10,2003, respectively, copies of which are attached and incorporated by reference. To date and despite these requests, the Applicant has not contacted the Architectural Committee, has not responded to any of the requests and has made absolutely no efforts whatsoever to contact the Architectural Committee. Moreover, at the April 20,2004 hearing, counsel for the Applicant indicated that he had no intention to contact such committee. '"""" . Shifting the driveway by 60 feet south from its original location will not change the traffic issues associated with the drive-thru lane. Staff and the Applicant now propose to shift the driveway by 60 feet south from its original location. Merely moving one of the drive-thru lanes is highly unlikely to alleviate the ingress and egress problems associated with multiple driveways abutting Dexter A venue in such close proximity. No less than 6 drive-thru fast food restaurants, including this Project, are contemplated or are being processed in the general vicinity of the Project. Given the existing high volume uses on or around Dexter Road and Central Avenue (i.e. Burger King, the Chevron Station and Douglas Burgers) there already is a significant volume of traffic in the area. Adding another drive-thru facility in the area will create more cumulative impacts on the surrounding areas and uses. Accordingly, the drive-thru lane should have been eliminated altogether from the Project. '"""" AQENDA ITEM NO.....3..L-- '" PAGE.l.2!:L OF 1:1.. 'J.. ALHADEFF & SOLAR, LLP ,........ City Clerk April 29, 2004 Page 3 . Comments from CalTrans have yet to be provided for the Project. Mr. Foutris requested that CalTrans be contacted by staff when further studying the project, because CalTrans is working on the design of major improvements at the I-15/Route 74 interchange, which might require dedication of right of way that could potentially impact the Project. The only attempt to obtain that information was to send to CalTrans the official Notice to Adopt a Mitigated Negative Declaration, after the Environmental Assessment and the Mitigated Negative Declaration had already been prepared. It is not until shortly before the hearing that staff called CalTrans, which indicated that they were backlogged, and did not have a chance to look at the Project in relation to the I-15/Route 74 interchange. As a result, it is respectfully requested that further hearings on this matter be continued until such time as this critical information has been obtained, made available, and analyzed in relation with the proposed Project. . No traffic study was completed, and the cumulative traffic impacts in the Project area have not been considered. ,........ Riverside County is one of the fastest growing areas in the nation, and traffic has become a top priority. The traffic issue is particularly critical in the Project area because it is quickly changing from a mostly rural environment to a heavily urbanized one. In the original application, no environmental review was conducted and traffic simply was ignored. Mr. Foutris requested that a focused traffic study be conducted. Yet, no focused traffic study was completed and the Mitigated Negative Declaration merely relies on traffic data prepared for the General Plan at the 2025 build-out scenario. It does not consider when and iffunds will be available to complete the required improvements in the vicinity of the Project, and there is a complete uncertainty as to the short term cumulative traffic impacts in the area and the kind of improvements that wilJ be needed right away to address these impacts. The Applicant's payment of approximately $16,000 in traffic mitigation fees will not cure the cumulative traffic impacts that are going to take place in the Project area. Indeed, at its April 13, 2004 meeting, the City Council approved the preparation of a Focused Environmental Report for the proposed Home Depot in the area. At the very least, the Project should not be approved until such time as the traffic study for Home Depot has been completed. Therefore, Mr. Foutris respectfuJJy requests as foJJows: . That the matter be continued until the Applicant has contacted the Architectural Committee and has obtained its approval for the Project, or can show good cause why he should not obtain such approval; ,...... AClENOA ITEM NO. 31 " PAGE lJ..5 OF 1~7 ALHADEFF & SOLAR, LLP City Clerk April 29, 2004 Page 4 ......." · That the matter be continued until full information has been obtained from CalTrans concerning the 1-15 interchange improvements and has been fully analyzed in relation to the Project; . That the drive-thru lane be eliminated from the project; and . That a focused traffic study be completed to address the cumulative traffic impacts in the project area and to identify the mitigation measures that should be implemented before completion of the Project and other projects. This appeal is based on the staff report and the City's files for the Project, the written materials submitted to the Planning Commission on April 19, 2004, copies of which are attached hereto and incorporated by reference, the oral arguments presented to the Planning Commission, as well as further materials that may be submitted for the City Council's consideration. Request is hereby made that a transcript of the April 20, 2004, hearing be prepared and made part ofthe record for purposes of this appeal. Please contact us with the date for the appeal hearing by the City Council. Sincerely Yours, 0~~ Cyril J. Dantchev, for Alhadeff & Solar, LLP ......." CJD:cmz Enclosure cc: Mr. Dino Foutris (w/encl.) ......." A8ENDA ITEM NO. ] / ". PAGEl2k- OF 12/ / REVISIONS TO STAFF REPORT /'" 1. Page 2 of 88 Last paragraph, eighth line, "the law firm Alhadeff and Solar, LLP raised the issue as issue concerning me cx:::&R's alJegxI}y applimJie to the subj<<:t site... " 2. Page 3 of 88 First paragraph, second line"... CC&R's that alJegxI}yercmrber... " Second paragraph, third line "prepared an Initial StudyarxL. " Second paragraph, sixth line "'The applicant has been r-esearching the question of the a::&R's. The issue raised regarding cx:::&R's that apply to the subject site is a private matter that is independent from the Planning Commission's recommended approval. The applicant, however, has presented infonnation to the Gty Attorney and the Planning Commission concerning their response to the issue raised by Alhadeff & Solar, lL T." 3. Page 5 of 88 First paragraph. second line "Staff is ooder the assumption that this issue is currently being negotiated between the applicant and the other interested parties for resolution. A~in, the issue rais<<l ~ CC& R~ is a primte rrutter that is inJepenJent ftrmthe Planning Cnmission's ~ >> 4. Page 24 of 88 ~ Add "Onlition N a 48. Dedicate fiJJ 0 Wdth ani ronstmd 0 Wdth inprazenrn1s if Crarr StrlR >> "Onlition Na 49. Contribute cash in lieu fre far rwdcmy mdian an Dexter A W1Ue far fiJJ frunta!F IerfIh if prri<<t. >> "Gerrral Onlitims Onlition Na 50. 11.x! applicant shalJ d(erd (Wth cmnsd aaeptalie to the City), inlermify. arxl hdd I:kmrJess the CiJ) its Cfftial, qJum, E rrp/o)m, ani A W1tS firm any claim, aaWn, ar prrxmling a~t the ~ its qjUial, qJum, E rrp/o)m, ar A W1tS to attat.h, set as~ uid, ar arrnul an appruud if the CiJ) its adcisary agIDes, appeal OOmJs, ar /egjslatite baJy caxeming Cmnrrcial Prrj<<:t Na 2003-05 ani Corxlititn:J Use Penrit Na 2003-05, uhUh action is ~ Wthin the tim! periaJ pradtkd far in Califamia Garerntrrnt Oxle S<<tims 65009 arxJ/ ar + 66499.3 7, arxl Pullic Resaores Oxle S<<tim 21167. 11.x! City Wll prr:nptJy rx:tifY the Applicant if any such claim aaWn, ar prrxmling a~t the City ani Wll croperate fiJly Wth the d(ense. If the City fails to prarptJy rx:tifY the Applicant if any sum claim, ar ~ the Applicant shalJ rx:t, thereafter, be 1T5fJOnSille to diferd, inlermify. or hdd hamiess the City >> 5. Page 68 of 88, MIllGA1l0NMEASURES ~ Remove No.5 Add the following to No.2 "Contribute cash inlieu fre far rwdcmy mdian an Dexter far fiJJ fronta!F IerfJh if prri<<t. IArliatte full * Wdth arxl ronstnKt 0 Wdth inprazenrn1s ifCrarr StrlR>> A8ENDA ITEM NO. 3/ , PAGE I :J..7 OF 127 ,-..... CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: RICHARD J. W ATENP AUGH, CITY MANAGER DATE: MAY 11,2004 SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF LAKE ELSINORE CONCERNING IMPLEMENTATION OF THE WESTERN RIVERSIDE COUNTY MULTISPECIES HABITAT CONSERVATION PLAN and RECONSIDERATION OF THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY BACKGROUND ,-..... As an affirmative measure towards implementation of the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"), the City Council approved on January 13, 2004, the following documents: (1) CEQA Findings Resolution; (2) Implementing Agreement; (3) Implementation Resolution; and (4) Joint Powers Agreement ("MSHCP Documents"). In order to address a number of issues raised by the City's approval of the MSHCP Documents, the City Council did not take action on the MSHCP Fee Ordinance, opting instead to visit the fee ordinance at a future date. While the CEQA Resolution and the Implementation Agreement were approved in the form submitted by the County of Riverside, several substantive revisions were made to the Implementation Resolution and the Joint Powers Agreement as approved by a 4-to-l vote of the City Council at the January 13,2004 hearing. During the public hearing, several assurances were provided to the City by and through the oral testimony of County Supervisors, County staff, and resource agency representatives. Specifically, in light of the fact that the City did not yet adopt a fee ordinance for the MSHCP, county representatives stated that it would be prudent to coordinate a County response to the City's revisions to the MSHCP Documents during the interim period while the City is still addressing the MSHCP Fee Ordinance. Pursuant to City Council direction provided at its March 23, 2004 meeting, a Council subcommittee comprised of Mayor Buckley and Councilmember Schiffuer together with the City Manager and City Attorney met with representatives of the County to discuss the City's issues concerning adoption and implementation of the MSHCP. As a result of that meeting, the parties have prepared a draft Memorandum of Understanding (MOD) which is attached to this report for your consideration. This item was continued from the April 27, 2004 City Council meeting. ,..... 3~ ~..-L StafTReport - MSHCP MOU 0511041.docMOU/JPA 5/6/2004 1 DISCUSSION '-' The MOD provides for County assistance to the City and agreement by the County to work toward and advocate certain language refinements in the Joint Powers Agreement and certain policies and implementation measures in connection with the MSCHP. Specifically, the MOD provides for the following type of County assistance: 1) technical assistance with future Criteria Requirements; 2) assist the City and local property owners to (a) determine consistency of projects with the MSHCP and (b) to develop the criteria and findings necessary for the City to make a determination that the MSHCP conservation objectives within City boundaries have been met; and 3) biological, legal and technical expertise to the City in its implementation of the MSHCP and assist City Staff in the initial development of the Lake Elsinore Acquisition Process, the City equivalent of the HANS process. In addition, the MOD provides for County support of future annexations to the City that are mutually supported by the City and a majority of the affected property owners and residents. By nature of joint powers authority, the City's revisions to the Joint Powers Agreement (JP A) will require acknowledgment and ratification by all other participating cities and the County in order to be effective. Because the City has not approved nor authorized execution of the JP A as ......., entered into by the other members, the City has been denied voting participation at the Western Riverside County Regional Conservation Authority (RCA) meetings. The proposed MOD provides that the County will use reasonable efforts to advocate and work with the RCA to revise the Indemnification provisions of the JP A, language regarding the make-up of the Funding Coordination Committee, and the Voting and Quorum provisions. County cooperation is also promised in clarifying what types of actions are subject to MSHCP and establishing policies to prevent disproportionate acquisitions of habitat properties within the region and to impose specific reporting requirements on RCA regarding fees collected and properties acquired. Given the County's willingness to work with the City to address the City's concerns in connection with MSHCP implementation, the City Council may wish to reconsider approval of the JP A in the form submitted by the County and approved by the other members. A copy of the form JP A is attached to this Report. By authorizing execution of the JP A, the City will gain voting participation in the RCA. As a voting member, the City can advocate and support modifications to the JP A. In the event the City is unable to obtain sufficient support from JP A members to adequately address the City's objections/concerns, the City retains the authority to withdraw from the JPA upon 90 days notice to the other members. In the event the City is satisfied with the response to its issues, the City may consider amending its Resolution establishing procedures and requirements for implementation of the Western Riverside County Multiple Species Habitat Conservation Plan to reflect modifications to the Saul'sIHELIX "Western Riverside County Multiple Species Habitat Conservation Plan ......., Staff Report - MSHCP MOU 0511 041.docMOU/JP A ~~{) U ...v...."~ '"") · Q_ j , ~ t,;,.~..':.;";:.-i.:,-).. .'--. ". ;,,~. .':y',,'lo;.:'-~.j,;.,., 'TW' ~~~. ."fj~ ..~ -~- ."'T;"~:~ 2 r--. Implementation Review" Report and specific policy issues to be addressed by the RCA. As a participating member of the RCA, the City will also notice for consideration adoption of a MSHCP Fee Ordinance. FISCAL IMPACT Uncertain. RECOMMENDATION It is recommended that the Mayor and City Council: (1) approve the proposed MOU and authorize the Mayor to execute on behalf the City; and (2) in reliance on the County's agreements set forth in the MOU and upon execution of the MOU by the County, approve the lP A and authorize the Mayor to execute on behalf of the City with the understanding that the City's concerns regarding MHSCP and its implementation have not been adequately addressed and that the City will continue to advocate modifications as it deems necessary and appropriate. PREPARED BY: APPROVED FOR AGENDA BY: BARBARA LEIBOLD, CITY ATTORNEY -J)tJl . )[' CI y MANADER'~ ,.......-. bJO. J). rt,.,,..t ~ ('i~ 2 1(".-lt"~'4'~:", :::> - _ 0". I , - ~.. ..l"" .-- ~ ,..... Staff Report -MSHCP MOU 0511041.docMOU/JPA 5/6/2004 3 DRAFT D~..A I' MEMORANDUM OF UNDERSTANDING BETWEEN ~rr THE COUNTY OF RIVERSIDE AND THE CITY OF LAKE ELSINORE ......., CONCERNING IMPLEMENTATION OF THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN This Memorandum of Understanding ("MOU") is made as of , 2004 by and between the County of Riverside (the "County") and the City of Lake Elsinore (the "City"), to set forth an agreement concerning implementation of the Western Riverside County Multiple Species Habitat Conservation Plan (the "MSHCP"). RECITALS WHEREAS, Riverside County has a diverse ecosystem supporting a wide range of plant and animal species; and WHEREAS, there are currently 32 listed species in Western Riverside County and additional listing can be anticipated in the future; and WHEREAS, Riverside County faces the doubling of its population over the next 20 to 25 years; and WHEREAS, this population increase will require new infrastructure development, including new roads and freeways to maintain mobility within the region; and .~ WHEREAS, the County in cooperation with the 14 cities in Western Riverside County have developed the MSHCP to address the conservation of 146 species; and WHEREAS, the United States Fish and Wildlife Service and the California Department of Fish and Game have been partners in the development of the MSHCP and are anticipated to issue Take Authorization to the Permittees under the MSHCP; and WHEREAS, the MSHCP contemplates acquisition of a substantial amount of conservation and open space lands within the City's jurisdiction; and WHEREAS, in an effort to balance the anticipated benefits of a permitted regional conservation plan that empowers local decision-making while streamlining regulatory permitting against the City's concerns that the MSHCP will have significant impacts on the future growth of the City, the City Council of the City of Lake Elsinore approved, on January 13, 2004, the following documents: (1) CEQA Findings Resolution; (2) hnplementing Agreement; (3) hnplementation Resolution; and (4) Joint Powers Agreement ("MSHCP Documents"); and WHEREAS, the City's adoption of the MSHCP Documents incorporated several modifications to the proposed form documents prepared and submitted by the County; specifically, the City revised both the Implementation Resolution and Joint Powers Agreement; and RVPtnB~O\670874. 1 .~ I t\",:1;::E':)P'~' S<;~-'[,,},Z P&"~}'.. '" ..""'1' <J.. if:-r'"~~~:;',~~, " 3~ C$ q "",,' ~ DRAFT ~ WHEREAS, both the County and the City desire to cooperate to meet the conservation and development objectives of the City within the framework of the MSHCP; and WHEREAS, based upon the agreements set forth in this MOU, the City agrees to reconsider the proposed Joint Powers Agreement in order to obtain the voting privileges ofRCA members and proposes to advocate certain modifications to the Joint Powers Agreement and implementation of the MSHCP generally, that it believes are in the best interest of all member agencIes. NOW, THEREFORE, the County and the City do hereby set forth their mutual representations, commitments, and understandings regarding the following: 1. The City, in conjunction with certain property owners, is preparing an analysis of property within its boundaries that has been or will be dedicated for conservation purposes. Upon completion of this analysis, the County will assist the City in a preliminary evaluation of the application of the MSHCP Criteria Area in the remaining portions of the City. The County will provide technical assistance with future Criteria Refinements pursuant to Section 6.0 of the MSHCP. The County will also assist the City and local property owners to (1) determine consistency of projects with the MSHCP and (2) to develop the criteria and findings necessary for the City to make a determination that the MSHCP conservation objectives within City boundaries have been met. ~ 2. The County will provide biological, legal and technical expertise to the City in its implementation of the MSHCP, as reasonably appropriate. Specifically, the County will assist City Staff in the initial development of the Lake Elsinore Acquisition Process, the City equivalent of the HANS process. 3. The County agrees to use reasonable efforts to support and facilitate the approval (including without limitation lobbying LAFCO Commissioners to support) annexations into the City of the property depicted on attached Exhibit "A" where such annexation applications are supported by the City and a majority of the affected property owners and a majority of the residents. In this context, the County agrees to submit a letter in support of the annexation application(s) to LAFCO and to approve a resolution supporting the annexation application(s). The letter shall be delivered to LAFCO within ten (10) days from when the County receives the request from City and the resolution shall be approved within thirty (30) days after the request. A copy of the form of the County letter is attached as Exhibit "B 1" to this Agreement and a copy of the form of the County resolution is attached as Exhibit "B 2" to this Agreement. 4. The County agrees to support the City's requests for funding priority acquisitions within the City and to work cooperatively with the City to address its sub-regional infrastructure needs by obtaining the City's fair share of regional infrastructure and habitat acquisition funding. "....... 5. The County shall cooperate with the City in jointly introducing and advocating revisions to the Joint Exercise of Powers Agreement Creating Western Riverside RVPUB\M0\670874. I 2 r"''\ft.. it-..,-"::. iJ:?',{"\;~1: -- , :~ t'.",,,.,,,_ 5..0,. DRAFT County Regional Conservation Authority or such subsequent bylaws as may be prepared and approved by the RCA. Such revisions are as follows: 5.1 ....., Section 23 (Indemnification). "The RCA shall defend, indemnify and hold the Parties free and harmless from any loss, liability or damage incurred or suffered by any Party by reason of litigation arising for or as a result of any action taken by such Party in good faith and in accordance with this Agreement, the approved MSHCP and its Implementing Agreement and the Permits related to the following: the Party's development mitigation fee ordinance; the Party's participation in the RCA; actions taken to approve and/or implement the MSHCP; claims of inverse condemnation or unconstitutional takings against a Party; or any other act performed or to be performed by the Party pursuant to this Agreement, the MSHCP, its Implementing Agreement or the Permits; provided, however, that such indemnification or agreement to hold harmless pursuant to this Section shall be recoverable only out of RCA assets and not from other Parties. For purposes of this Section 23, the phrase "actions taken to approve and/or implement the MSHCP" include, without limitation: (a) a Party's execution of a resolution making responsible agency findings pursuant to the California Environmental Quality Act in reliance on lead agency finding made by the County of Riverside; (b) Party actions or omissions of implementation of the MSHCP that result in litigation against the Party for violations of California Planning and Zoning Law; and (c) Party withdrawal from implementation of the MSHCP in accordance with the terms of the Implementing Agreement (Section 22.0 et seq.). For purposes of subdivision (c), the duty to defend and indemnify a Party provided herein shall extend to any claim or litigation that is filed concerning the MSHCP or any action taken pursuant thereto prior to the date of the Party's withdrawal in accordance with this Section 23 and Section 22 of the Implementing Agreement and/or arising from or in connection with the Party's ongoing obligations pursuant to Section 22 of the Implementing Agreement." .,-"" 5.2 Section 15 (Funding Coordination Committee). "In order for the Funding Coordination Committee to take formal action, the followinl! members must be Dresent at the Committee meetinl!: at least one (1) member representing the Riverside County Board of Supervisors and one (1) member from one of the five cities with the most acreal!e within the Criteria Area as set forth or modified Dursuant to Section 7.C of the Joint Powers Al!Teement establishinl! the RCA. Currentlv. those cities are Beaumont, Calimesa, Lake Elsinore, Murrieta and San Jacinto. RVPUB\M0\670874. 1 ....., 3 3.2- (';1": q "';";:\i'", -I- it~Zl2;:'[';)~- rtC,::~;~ ~'~'O. l\"\1'~'. / r>..~_ to DRAFT 5.3 Section 7(c) (Quorum and Voting). "A majority of the members of the Board shall constitute a quorum for the transaction of business and all official acts of the Board shall require the affirmative vote of a majority of the members of the Board. Each regular member or alternate member acting in the place or a regular member shall have one vote at meetings of the Board. However, any member of the Board, immediately after a vote of the Board and prior to the start of the next item on the agenda may call for a weighted vote. For an item to be passed by weighted vote, all of the following requirements shall be met: ",..-- I. the item shall be approved by a majority of the Board members present at the meeting who represent the Riverside County Board of Supervisors, who each shall have one vote; orovided that for numoses of this Section 7.C.!. if there are less than three (3) members oresent at the meetimr who reoresent the Riverside Countv Board of Sunervisors. the item shall be deemed anoroved bv the Countv reoresentatives oresent. II. the item shall be approved by a majority of the Board members present at the meeting who represent Cities, who each shall have one vote; and ~ III. the item shall be approved by Board members present at the meeting who represent Cities representing a majority of an equal combination of 1) the population of the county living in incorporated areas within the boundaries of the MSHCP Plan area, and 2) the acres within these incorporated areas anticipated to be conserved within the Criteria Area established by the MSHCP as follows: Banning - 70 acres; Beaumont -7,250 acres; Calimesa - 1,740 acres; Canyon Lake - 40 acres; Corona - 470 acres; Hemet - 810 acres; Lake Elsinore - 6,350 acres; Moreno Valley - 105 acres; Murrieta - 2,390 acres........[continue with remaining language)." 6. The County agrees to cooperate with the City and to jointly introduce to the Western Riverside County Regional Conservation Authority ("RCA") and appropriate RCA Committees and to advocate for the adoption of administrative rules that will clarify MSHCP interpretation and administration issues, including, but not limited to: 6.1 Defining which ministerial projects and/or development applications for projects are exempt from MSHCP and which are subject to MSHCP, including clarification of which ministerial projects and/or development applications for projects that are exempt from the California Environmental Quality Act are subject to the MSHCP's requirements. ,....., RVPUB\MO\670874. 1 4 ",.,er , r. ~ ''< '} fi'L;),;~i,L'''J'<<~ --->.~ F.7,...." 1 c'~ ~ .'~'. !F'~' :...~,'l>. . '.'" w.V'....'i<.;,Q:.Ol "" :~ DRAFT 6.2 Establishing a policy whereby the RCA would consider "return to source" as a priority where conservation lands remain to be acquired within the City or the County. ....., 6.3 Establishing a policy that if an RCA member agency is not receiving a proportionate "return to source" over a period of 12 months, that such member agency could request expedited acquisitions and priority to be funded over the following six months based on availability of funds and the member agency or RCA having an acquisition agreement with fully negotiated terms. 6.4 Establishing a policy requiring RCA to report on quarterly basis monies collected that quarter and contributed toward Plan implementation as well as acquisitions that have occurred that quarter and to date for each City and the County. 7. Upon approval by the County and the City of this MOU, the City will reconsider the Joint Powers Agreement as submitted to it for consideration by the County. In the event the Joint Powers Agreement is approved, the City will notice for Council consideration the MSHCP local development mitigation fee. The County agrees that the City will have full control over MSHCP fee credits pursuant to the terms of its local development fee ordinance and that through the use of fee credits the City may retain control of most of the fees generated within the City. The City acknowledges that fees actually collected must be transmitted to the RCA in accordance with the provisions of the Implementing Agreement as may be amended from time to time. ~ 8. The County acknowledges that the City has certain ongoing concerns with respect to the MSHCP and the administration and implementation thereof. In reliance on the County's agreements set forth in this MOU, the City will reconsider the Joint Powers Agreement in order to advocate for modifications and clarifications to address those concerns and to obtain full voting privileges as a Party thereunder. The County agrees that the City retains the right to withdraw from the MSHCP consistent with the terms of Section 22 of the Implementing Agreement and that such withdrawal is deemed to be an action taken in good faith and in accordance with this Agreement, the approved MSHCP, the Implementing Agreement and the Permits, and that the County releases the City from and against any claims or litigation arising out of such withdrawal. 9. This MOU represents the entire agreement of the County and the City as for the matters contained herein and supersedes any and all other agreements whether oral or written. 10. The County and the City each represent and warrant to the other that its signatory to this Agreement has the authority to bind it, and this Agreement does in fact bind the County and the City, respectively. RVPUB\MO\670874. 1 ....., 5 ji~;;'~~;l~~~G];~O. 3.2. 0$ I DRAFT IN WITNESS WHEREOF, the County and the City hereto have caused this MOU /"" to be executed as of the date first written above. COUNTY OF RNERSIDE CITY OF LAKE ELSINORE By: Chair Riverside County Board of Supervisors By: : Mayor Date: Date: ATTEST: ATTEST: Clerk of the Board By: Deputy By: City Clerk APPROVED AS TO FORM: Best, Best & Krieger LLP Special Counsel Van Blarcom, Leibold, McClendon & Mann, P.C. City Attorney "..... By: Michelle Ouellette By: Barbara Zeid Leibold ~ RVPUB\MO\670874. 1 6 r ...." ,,- - "-~"" - r'''' .3. .'1,' '-, t';;;,:;~0_.~':~~Ct~::\-ft~j~,j'1Li~,.. , " , ~ ~,,,r3 '1 {t>:..~ ~ r:'. ~'-''''.:li!. 4 -=-....\:..>.'i'''--