The URL can be used to link to this page

Home My WebLink About09/28/2004 CC Reports ,; ~.~'o' F..L' ....,."CtE..LSIN..!1'DP ~~~~;J<".'..'.'_< ',,,,' :.," ~._-.." ,__,_-.,-"",-.:_-,..~ CITY. COUNCIL AGENDA 'FB()MAS BUCKLEY. MAYOR WWW.LAKE-ELSINORE.ORG 'GENu: KELLEY. MAYORPROTEM . (951)674-3124 PHONE .liAltn mCKMAN. COUNCILMAN (951) 61"'~ FAX, .'a08DT E."80'" MAGD,~ LAQELSJIIfORJ: CULTURAL CENTER ~ L. SCIIIJl'FNER. . .. . " . 183 NOR.'l'li MAIN STRUT. . .'~WATENPAtJ. . .,' 'MANAGER LAKE ELSINORE, CA!J253I , w..************..**************************************************' . ",'''':', ".,' -' " , " TtJESJJA)[, SEPTEMBER 28, 2004 - 5:00PM. < ,_'','---/-',';_ ,'! ',-S'". . ,'.' ,,- - -, -' -. If you are attelldil:&g,this City Ctlullcil Meeting please; jHlrk in the Parking LtIt , BertlSS the street 1t'1I111 :tbe Culturtll Center.. This' wiU asSiSt us .." limitlng~he' . ,'imJHIel 01 meetl"gsjJ;, . tlie DtJwnttlwn Business District. Thank ytlu Itlr Ytltlr etltlperationl . . . . , 'CONFERENC~WlTB LEGAL COUNSEL--ANTlCJPATED LITlGA TIQN.Significant exposure to litigation Pursuant to subdivision (b)(3)(C) ofOov't Code Section54956.9. (2 cases). . ,"U~g~~~,~~I~ SE~ION (7:00 P.M.\ .~E.QFAI;t~I$i~<;E ~OL~CALL A. Procla.nuttion - ~gle Scout Matthew: Dobler. B. Proclamati<.ln - Eagle$cout Joshua Romero. C. Proclamation - National'Breast Cancer Awareness Month. , ,-,)",;.: Pap,n..ee -City CoufleU Agen4a ,.: SeptetDber 28, 1", . ' - , ' ,'. _'" _ , , , " .' 0 ,', -' _ ' .; , .~,~ RECOMMENDATION: Adopt .Resolution No. 2004-61~ co~ecting the City's FlY 2004/05 Appropriations Lumt. .. .. 5. Street Maintenance;- Slurry Seal Contract - American Asphalt South, Inc. - 219,923.48. RECOMMENDATION: . Award Contract to American Asphalt South, Inc. 6. Over Seeding of Parks- $25,740. RECOMMENDATION: Approve Transfer of 'Funds from UnaUocated.Revenues~ ~C'~~N~S . . 21. Zone Change No. 2004-0'9, Tentative TractMap No.3 t 792 and Mitigated Negative Decla4tion No. 2004,06 ~ Wasson Canyon Investments, L..P. ~ Southeast of Highway 74, Nordleastoflnterstate 15, and East of the Intersection of Conard Avenue and Third Street. ResOlution No. 2004-62 & Ordinance No. 1128. RECOMMENDATION: Adopt Reso. No. 2004-62, Adopt Mitigated Neg. Dec. and Mitigation Monitoring Program; Adopt OrdWance No.1 128 'upon first reading by titleQnly approving Zone . Change' & Approve Tentative Tract Map 31792 based on theBXlUDits and Findings & .Subject to Conditions' ofApt)ro:V8l. , 22; Tentative: Parcel Map ,No. 32575 - Alicia Graff. .. RECOMMENDATION: Approve Tentative Parcel M on the Findings & SJdlibit,A Conditions of Approval. . .' '-' '" -,'., ''- 23. Tentative C~dominium Map No. 32670 & ResidentiaIDeBi8Ii~~ No; . .,. r v-:'~ Jl~"". 'i 'i '" r i - - AQENDA ITEM NO. ''-<, PAGE.-L OF-\-- -- -- AGENDA ITEM NO. PAGE..l OF.__ \ WIlFJJ:UJ~s,rhis year more than 25~OO() women in the State of . California willlearnthat they have breast c(:lnceral1d'more than 4~000 will lose their lives; however, early detectionatld prompt treatment can significantly reduce tnesuffering and deaths caused by this disease; and WBERltJAS,the Desert. Sierra Partnership (DSP) is part of the statewide CancerdetectiOl1programs; and WHEREAS, since 1995, the Partnership has maintained a network of providerstnat provide free breast eXaI11inations~ mammogram~ & diagnostic services,toe~igible women. DSPprovides outreach and education to low-income~ under~ervedwomen in Riverside, San. Bernardino and Inyo Counties; and WBE~~S, the goal of the PartIIershipis to decrease breast cancer rnortalityrat~s', in our .region by. impro.vingtne.'ability and capacity .of our local conununities.toprovide easily acces~ible, comprehen~ive, diversity-sensitive, affordable, and integrated.. systems to ensure that underserved women amI. all California wOmen, snaIl not encounter barriers to early breast cancerdet.ection; and NOW, TIIEREJJ'(l)J.m,THE. MAYOR AND CJTY.COUNC:1L, of the City of Lake ]~:lsinor~,this 28th day of SepteIl1ber 2004, doherehy proclaim the mOIlth...of.October 2004 .(:l~.Bre~st<vancer .4warenes,s JY10nth and call. onaUcitizens...to. jQin withmedicalgrovi~er~,.. ..and nealthcare organization in supppttingthel1eed to increase awar,yness c;fbreast cancer. . . THOMi\SBUC~EY; MAYOR CitY,Q[La~~EI~'n~te '^ ':', ';: _. 'f. :, " .;, :, i ~ t \ \ ~ <. " '." '. ~. \ =; ", :; ", ", " ", ',:. :, " ", N " ': " . '" PAGE-l- OF...J..- ",...... MINUTES JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 10,2004 ************************************************************* CALL TO ORDER Mayor Buckley called the Joint Study Session to order at 4:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ",...... ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, Assistant City Attorney McClendon, Administrative Services Director Pressey, Community Development Director Brady, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Public Works Manager Payne, RecreationlTourism Manager Fazzio, Parks & Open Space Manager Fazzio, City Treasurer Weber, and Deputy City Clerk Ray. DISCUSSION ITEMS PUBLIC COMMENTS No comments. CONSENT CALENDAR ",...... 1. Minutes. 1\ ex.. . AQENDA ITEM NO. "'t ~ PAGE-L-OF PAGE TWO - STUDY SESSION MINUTES - AUGUST 10,2004 .....", Mayor Buckley indicated that on Item 1 b page 10 of 11, he would request more accurate reflections of Dr. Husing's comment to read "Not only did Dr. Husing explain a developer could sell for those prices, he believed that they could and the market could support that kind of development and the City was in need of that type of development." 2. Warrant List: July 29, 2004. Councilman Hickman requested clarification on various checks issued on the warrant list. Councilman Magee requested clarification on check no. 78734 for $3,500 to the University of Phoenix. Administrative Services Director Pressey explained that it was tuition reimbursement. Mr. Pressey noted it was part of the tuition reimbursement policy. Councilman Magee inquired if there was a dollar limit on the reimbursement. City Manager Watenpaugh indicated that he was not sure whether there was a dollar amount. Mr. Watenpaugh -."" indicated that if they became unemployed by the City within a year they were responsible for reimbursement of any expenditure to the City. Councilman Magee inquired if this was for one particular staff member or for a number of individuals. Mr. Pressey indicated that it was one staff member. Councilman Magee inquired if it represented a semester. Mr. Pressey indicated that it represented 3 classes. 3. Contract with Bid America - Digital Imaging Services. No comments. 4. 2004-05 Community Development Block Grant Supplemental Contract. Councilman Magee inquired if there would be anyone present from EDA. City Manager Watenpaugh indicated that this was a ratification of the actions already taken and there would be no representatives from EDA. Community Services Director Sapp indicated that the City gave H.O.P.E and Operation School Bell more money, which decreased the amount to the ,...., \.c..-- AGENDA ITEM NO. <6 PAGE_~ OF - - ~ PAGE THREE - STUDY SESSION MINUTES - AUGUST 10, 2004 Senior Center; and in hopes of getting more support from the County, the City did not receive any funding at all from the County. He further indicated that the City had $19,000 for CDBG funds and General Fund would pay the remainder. Councilman Hickman noted that there were people from the County area that utilized the Senior Center and the County did not issue any funding. Councilman Hickman noted that 37% of the people that utilized the Senior Center lived outside of the City limits. Councilman Hickman inquired if the County issued a reason for not contributing. Mr. Sapp indicated that it was his assumption that it was not a high enough priority. PUBLIC HEARING 21. Tentative Parcel Map No. 32336 & Tentative Tract Map No. 32337 - K Hovnanian. ~ Mayor Buckley noted that there was no weekend work; the hours were 7 a.m. to 5 p.m. and no holidays. City Attorney Leibold indicated that staff discussed that particular condition and the existing Code reflects 7 a.m. to 7 p.m. weekdays. Mayor Buckley reiterated it should state 5 p.m. City Attorney Leibold inquired if that was in the Planning Commission version. Councilman Magee confirmed. Councilman Magee noted that there was some discussion during the Planning Commission hearing and the comment was made by the applicant that they did not want to push the Planning Commission or do something that would be overturned by Council. Councilman Magee complimented staff on the catch of the lot size regarding lot no. 207. He also thanked staff for including the Specific Plan document, since it was approved in 2003 and he did not receive an opportunity to review it until now. 22. Tentative Parcel Map 32611. Mayor Buckley inquired if the color presented was the color that had been approved. Community Development Director Brady confirmed. ~ \ .0._; AGENDA ITEM NO. _ g ~ PAGE?> OF PAGE FOUR - STUDY SESSION MINUTES - AUGUST 10,2004 ....." Councilman Magee questioned the timing for completing the 3rd Street construction. He noted that the other two projects behind it had already been approved and they could not work on their pieces until this piece was completed. Mayor Buckley questioned the retail space in the project. Community Development Director Brady explained there were two zonings on this property. He further explained the front portion was in the C-M Zone and the remaining back portion was the M-l Zone. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1126 - East Lake Specific Plan Amendment No.6. No comments. ....." 32. Second Reading - Ordinance No. 1127 - Development Agreement Amendment - Laing Homes. No comments. 33. Trauma Intervention Program Funding - Fiscal Year 2004-05 - $7,500. City Manager Watenpaugh gave an overview of the item. He indicated that there would be someone present to answer questions. He noted that the City currently contributed to TIP. Councilman Magee noted that the staff reported indicated the City already contributed and questioned if the $3,700 was a line item number or part of the City's contract with the Sheriff Department. City Manager Watenpaugh explained it was a dollar amount based on population and it was budgeted as a community support items. ....." AGlENDA ITEM NO. \ . <A-. m U~ PAGE---L. OF ,,- PAGE FIVE - STUDY SESSION MINUTES - AUGUST 10,2004 Gina Bennett, TIP Representative indicated that she believed Ms. Orweiler was requesting the $7,500 because of the new development in the City. She explained that TIP based the funding received on the number of residents in the City. She indicated that she believed the money came from the General Fund because not every City received their services. Councilman Schiffuer indicated that this was a service provided to the community, and they were not asking for too much for the service the City received in return. 34. Transitional Housing Project Grant Letter of Support. City Manager Watenpaugh gave an overview of the item and noted that County of Riverside Administrative Manager of Homeless Programs Cathy Welborn was present to answer any questions. /"'" Councilman Schiffuer indicated that he was not interested in approving the letter that was included in the staff report with the wording used; which indicated a Transitiomil Housing Project in Lake Elsinore. He indicated that "in Lake Elsinore" would need to be removed. Councilman Magee indicated that he would like the Council to be vaguer. He indicated that he thought the intent was to approve their search for the funding and the application through HUD, not actually picking a location. Councilman Schiffner noted that they had already listed Lake Elsinore as the site in the application submitted by the County. Cathy Welborn explained that even though the language in the application spoke to the City of Lake Elsinore, the next step was the technical submission stage and in that document they could advise them of any changes that might have occurred in their search for properties and the actual location of the shelter. 35. Community Development Department Contract Staff Personal & Professional Service Contract. /"'" City Manager W atenpaugh gave an overview of the item and he noted that the Traffic Engineer contract was different. He indicated that Mr. Mackey was required to carry higher limits of liability insurance because he was an A~ENDA ITEM NO. ~ PAGE...5- ~ PAGE SIX - STUDY SESSION MINUTES - AUGUST 10,2004 ~ engineer and was required to sign off; and his certification and license were at risk when he signed. City Manager Watenpaugh indicated that the contracts were reviewed with the City Attorney. Mayor Buckley inquired about the hours per week and the vendor contracts. City Manager Watenpaugh indicated that the vendor contracts would be brought to Council at a later date. Councilman Magee indicated that every scope of work included an item that allowed the contract employees excluding City Traffic Engineer to attend conferences and be paid for it. He indicated that when he hired a consultant his/her education, conferences, etc. that was their decision; and that was why he paid them over and above an hourly rate. He suggested having the attendance of conferences removed from all exhibit A's. Councilman Magee commented on page 10, item no. 3 and requested clarification that .~ the individual would be compensated the same hourly rate referenced in the beginning of the agreement. City Manager Watenpaugh confirmed that Councilman Magee was correct. Councilman Magee suggested making that change to item no. 3. REDEVELOPMENT AGENCY CONSENT CALENDAR 1. Minutes. No comments. 2. Warrant List - July 29,2004. No comments. ~ AGENDArrEMflo.~ , PAGE 0~ '" PAGE SEVEN - STUDY SESSION MINUTES - AUGUST 10,2004 3. Tentative Parcel Map No. 32611 and Industrial Project no.2004-03. No comments. PUBLIC HEARINGS None. BUSINESS ITEMS None. ADJOURNMENT ~ THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY SESSION WAS ADJOURNED AT 5:10 P.M. THOMAS BUCKLEY, MAYOR CITY OF LAKE ELSINORE DARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY ~ J . c;. AQENDA ITEM NO. . PAGE I OF ~ PAGE EIGHT- STUDY SESSION MINUTES -AUGUST 10,2004 ,....., Respectfully submitted, FREDERICK RAY, DEPUTY CITY CLERK ATTEST: VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE ,....., ..., AGENDA ITEM NO \. ~, PAGE <6 .OF~ I ,... MINUTES JOINT CITY COUNCILIREDEVELOPMENT AGENCY. STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 24, 2004 ************************************************************* CALL TO ORDER Mayor Buckley called the Joint Study Session to order at 4:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY .--. ABSENT: COUNCILMEMBERS: NONE Also present were: Assistant City Manager Best, Assistant City Attorney McClendon, Administrative Services Director Pressey, Community Development Director Brady, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Public Works Manager Payne, Recreation/Tourism Manager Fazzio, Parks & Open Space Manager Fazzio, City Treasurer Weber, and Deputy City Clerk Ray. DISCUSSION ITEMS INVOCATION - MOMENT OF SILENCE Mayor Buckley confirmed with City Attorney Leibold that as a consensus, Council could change the title of an Agenda item to read Moment of Silent Prayer. City Attorney Leibold confirmed the Council could change it to read Moment of Silent Prayer. .--. OLL M1ENDA nEM N . ~ _i PAGE-1-0F- - PAGE TWO - STUDY SESSION MINUTES - AUGUST 24, 2004 ~ PUBLIC COMMENTS No comments. CONSENT CALENDAR 1. Minutes. Mayor Buckley indicated that on Item 1 a there was incorrect name spelling throughout the minutes. Councilman Hickman indicated that at the new Washington Mutual Bank had small parking spaces; and inquired if the City was making the parking spaces smaller. Community Development Director Brady indicated that they were the standard size as indicated in the Code and the width was also standard. ~ 2. Warrant List: August 16,2004. Mayor Buckley requested clarification on check no. 78834 issued on the warrant list. Councilman Hickman requested clarification on various checks issued on the warrant list. 3. McVicker Canyon Park Landscape Project Completion. No comments. 4. Contract for Traffic Striping and Markings. Councilman Hickman requested staff review the possibility of having a crosswalk near the old hotel on Main Street. He indicated there were a lot of individuals crossing there to go to the market. Community Development Director Brady indicated that staff would research the issue. ......"" AQENDA ITEM NO. J .6. ", PAGE --6.. OF <( ~ PAGE THREE - STUDY SESSION MINUTES - AUGUST 24, 2004 BUSINESS ITEMS 31. Second Reading - Ordinance No. 1126 - East Lake Specific Plan Amendment No.6. No comments. 32. Second Reading - Ordinance No. 1127 - Development Agreement Amendment - Laing Homes. Bill Titto, Lake Elsinore requested information on upcoming plans for the roads. He indicated that he had spoken with City Manager Watenpaugh and he verbally informed him of some of the plans. Mr. Titto questioned if this information was documented. Mayor Buckley deferred to Engineering Manager Seumalo. Mr. Seumalo indicated that he would be available to ---- Mr. Titto ifhe wished to schedule a time. Mr. Seumalo indicated that there were several improvements that the project was conditioned to install. Mr. Titto inquired if the City was paying for the improvements. Mr. Seumalo indicated that if there was a TIF improvement then the developer would receive credit, otherwise it was a condition of the project. Mr. Titto inquired ifit was part of the development contract. Mr. Seumalo indicated that it was part of the approval of the project, but was not sure if it was part of the development agreement. Assistant City Manager Best commented that the $4,500 Mr. Titto was referencing was the DAG fee, the Development Agreement Fee was part of the development agreement that the developer was required to pay per unit to the City; and then the City had the opportunity to either direct or accept those funds on an unrestricted basis. Mayor Buckley commented that according to the Development Agreement as it stood; all of that money would be paying for the golf course; so the City did not have the opportunity to direct the allocation of the funds. .-... AGENDA ITEM No.-1l. PAGEl OF ~ ! PAGE FOUR - STUDY SESSION MINUTES - AUGUST 24, 2004 """'" 33. Fire Station Naming. Assistant City Manager Best gave an overview of the item. She indicated that staff was recommending the Council followed the same practice used in naming McVicker Fire Station. Councilman Magee requested more detail on the process used. Assistant City Manager Best explained that it would be a Mayor's Committee that would review names that were submitted by the public and the committee would recommend three names to bring back to City Council for consideration and at that time it would be the decision of the Council to select one of the three names. Councilman Magee deferred to Mayor Buckley for his thoughts on the selection of the committee. Mayor Buckley suggested that each Councilmember would select an individual. 34. Allocation to LEMSAR for FY 2004-2005. Councilman Hickman questioned how many times LEMSAR had received """'" money from the City this year. Lake & Aquatic Resources Director Kilroy explained that this was for the new fiscal year. 3 5. League of California Cities Annual Conference - City Representatives. Mayor Buckley inquired if any Councilmembers were attending. Assistant City Manager Best noted that there were three Councilmembers that had confirmed attendance. Mayor Buckley questioned if it was stated in the Policy Manual regarding attendance for all Councilmembers to attendance the League of Cities if so desired. Assistant City Manager Best indicated that, in the budget, staff allocated the amount of money based on the number of conferences Councilmembers attended last year and those that had expressed attending in the coming year. City Attorney Leibold indicated that the policy stated that "attendances at meetings and conferences such as; the Annual League of California Annual Conference shall not require further action following their approval in the annual budget process." """'" \.b~ AQENDA ITEM NO. <t' . PAGE It OF \ ~ PAGE FIVE - STUDY SESSION MINUTES - AUGUST 24, 2004 36. Maintenance Vendor Agreements. Assistant City Manager Best gave an overview of the item. Mayor Buckley suggested having multiple vendors that staff could call on and compete with each internally with timing and price. Public Works Manager Payne clarified that this was on an on-call, as needed basis; and once a certain service became a normal route it would then be put through a formal bidding process. 37. Design Review No. R 2004-04 for the "Ramsgate Apartment Homes" by Fairfieold Development L.P. ~ Assistant City Manager Best gave an overview of the item. Councilman Magee indicated that the area where the apartment homes would be located was elevated above Highway 74; and there were several legal industrial operations on the opposite side of the highway; and he inquired if it was possible for the leasing office to issue a statement indicating that legally preexisting commercial and industrial operations are in that location. City Attorney Leibold indicated that an acknowledgement could be included in the lease agreements. Councilman Hickman questioned item no.14 regarding the number of required affordable units. City Attorney Leibold indicated that the developer has been instructed to construct or provide alternative consideration equal to 15% of the total units constructed in an effort to meet the City's Redevelopment Inclusionary Housing. Councilman Hickman inquired if the City was receiving money or units. City Attorney Leibold indicated that it was left to the discretion of negotiations. 38. Animal Shelter JPA. ~ Assistant City Manager Best gave an overview of the item and noted that there were representatives present for Animal Friends of the Valley. Councilman Magee requested an update on the other cities in the area that would be involved. Anne Washington indicated that Temecula had put \.b7 AQENDA ITEM !iO. <is' PAGE b OF PAGE SIX - STUDY SESSION MINUTES - AUGUST 24, 2004 into their contract that they were willing to go forward and review; Murrieta had approved going forward; and Canyon Lake had the item going before their finance committee on the August 31, 2004, and their Council had already been made aware of the project. Mayor Pro Tern Kelley stressed that she was in support of the Animal Shelter; but there was a huge difference between the $5.2 million and $9.1 million; and if there was only four cities involved it could be $1 million per City to make up the difference. She noted the project would cost 10 times more than the Police Department; and she requested an update on the cost of the project. Anne Washington indicated that the cost had gone up over the years and there was a prevailing wage law passed this year. She indicated that the Animal Friends had raised $1 million to go toward the facility and there were four cities and the County that would be partners. Councilman Magee indicated that the County participation was a major factor in thi~ project and he noted that the land was donated. 39. Statement of Qualifications for Special Audit Engagement. Councilman Hickman questioned the minimal response received for this project. Administrative Services Director Pressey indicated that it was related to the time of year. He indicated that this was the busy season, with auditing June 30th, clients and firms were maxed out with the number of audits and clients they could serve at this time. He indicated it was not the tax season it was the auditing season. Mayor Buckley indicated that the sub-committee had already mailed out a scope of work and RFP to six auditors. Councilman Schiffuer indicated that he could not support the scope of work and RFP the way it was written. He indicated that it only mentioned the audit of City staff and he suggested that it include everyone and have the words City staff removed. He indicated that it should include City staff and City Council. Mayor Pro Tern Kelley indicated when this discussion came before Council at a previous meeting, she specifically asked the question "Did this include the Council?"; and everyone said yes, so it was her understanding it was going forward with an audit of all City credit cards and other benefits; and that was her reason for voting yes. She indicated AGENDA ITEM NO. \ .\0. PAGE 0 OF <g ....." ~ ~ ~ " PAGE SEVEN - STUDY SESSION MINUTES - AUGUST 24, 2004 that she was surprised to see the letter change since the Council had voted one way. Councilman Magee requested the minutes of that meeting before the 7:00 p.m. session. REDEVELOPMENT AGENCY CONSENT CALENDAR 1. Warrant List - August 16, 2004. No comments. PUBLIC HEARINGS None. ~ BUSINESS ITEMS None. Mayor Buckley commented that he had requested for the past two Council meetings an item to move the second meeting in September and it did not appear on the agenda again. He indicated that he had few dates picked to move that second meeting. He further indicated that he had to attend a West Nile Conference. He suggested doing it during Council comments. Mayor Buckley indicated that there needed to be a Study Session regarding Code of Ethics and BrandingILogo. Mayor Buckley indicated that he would be requesting a consensus from Council to prepare a letter to Congressman Issa and Congressman Calvert and Senator Feinstein expressing the desire for a new post office. ~ AQENDA ITEM NO. \ .~. PAGE...::L OF <l PAGE EIGHT - STUDY SESSION MINUTES - AUGUST 24, 2004 ~ ADJOURNMENT THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY SESSION WAS ADJOURNED AT 4:45 P.M. THOMAS BUCKLEY, MAYOR CITY OF LAKE ELSINORE DARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY ~ Respectfully submitted, FREDERICK RAY, DEPUTY CITY CLERK ATTEST: VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE ~ AGENDA ITEM NO. \ . 'b. PAGE t' OF ?[ '"' MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 14, 2004 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:05 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY -- 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, Engineering Manager Seumalo, Information/Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, 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). -- b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Manager. AGENDA ITEM NO. \ . C-. PAGEiOF:53 1 Page 1\vo - City Council Minutes - September 14, 2004 ....." City Attorney Leibold announced the Closed Session discussion items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:07 P.M. The Closed Session discussion was completed at 7:05 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in public session at 7:13 p.m. Mayor Buckley noted that there were a number of potentially contentious issues on the agenda and stressed the need to maintain decorum. He noted the ability to turn off the microphone, and indicated that if necessary the Sheriff's Deputy would escort people who disrupted the meeting out. ....." PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by E.Y.M.W.D. Boardmember Ben Wicke INVOCATION - MOMENT OF SILENCE Mayor Buckley led the meeting in a Moment of Silent Prayer. ROLLCALL PRESENT: COUNCILMEMBERS: . . HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: NONE ....." AC'ENOA ITEM NO. PAGE (~ I <- OF 33 - ~ Page Three - City Council Minutes - September 14, 2004 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, Police Chief Fetherolf, Finance Manager Magee, Engineering Manager Seumalo, Parks & Open Space Manager Fazzio, Planning Manager Villa, Police Lt. Anderson, City Treasurer Weber and City ClerklHuman Resources Director Kasad. PRESENTATIONS/CEREMONIALS A. Presentation - Trauma Intervention Program. ~ Roseanne Orweiler appeared with several representatives of the Trauma Intervention Program and thanked the City Council for their assistance. She indicated that they were honored to serve the community and stressed their appreciation of the City's support. She announced their Casino Night fundraiser and detailed the cost of tickets. She noted that they would leave brochures on the event at the door. Mayor Buckley repeated that the fundraiser would be held at Canyon Lake on October 16th. B. Presentation - Chamber of Commerce Update. ,..-..- Jack McColley, Chairman of the Board, thanked the Council for the opportunity to update them and the community on Chamber events. He indicated that the biggest event at the Chamber was the transitional phase with the resignation of Chris McColley as President and CEO. He noted that she had done a great job for the last three years, but had decided to resign her position. He advised that they had been transitioning for the last few weeks and would continue to do so for a few more. He commented that the Chamber would continue to grow and prosper with the City Council's continued support. He introduced the Chamber's new Presidnet and CEO, who came up from the Board, Kim Cousins. He noted that Mr. AQENDA ITEM NO. \ . <- . PAGElOF ~'3 Page Four - City Council Minutes - September 14, 2004 ......" Cousins brought with him managerial experience from a variety of companies including McDonnell Douglas. He indicated that Mr. Cousins had his Bachelor of Arts degree from Cal State Fullerton in Accounting and Information Management Systems. He noted that Mr. Cousins was well versed on the operations of the Chamber, due to his work on the Board; and that was assisting him in the transition. Mr. Cousins noted the success of the most recent EDC Lunch program, and noted the increased interest it had generated for the Chamber's website. He thanked the sponsors for their assistance with the event. He announced the following upcoming events: September 23rd - Business Mixer at Rustic Grill, sponsored by Robbins Pest Management, Pyramid of Health and Rustic Grill. September 28th - Student of the Month Lunch at Sizzler ......" October 9th - Lake Elsinore Rotary Club Arts & Wine Festival on Main Street. October 14th - EDC Lunch & Education Summit - He noted that this event would have about 300 to 500 high school students looking at the pursuit of career paths in the education field. CLOSED SESSION REPORT City Attorney Leibold announced that the above listed items were discussed in Closed Session with the following announcements. She indicated that with regard . to the anticipated litigation, there was no reportable action. She indicated that with regard to the second item being the Performance Evaluation for the City Manager, the term of the existing contract was July 1, 1993 through June 30, 2001, with automatic roll overs, so there was a one year term remaining. She advised that tonight the Council voted 3 to 2 with Councilmembers Kelley and Schiffner dissenting to provide written notice of non-renewal of the contract. She further ......" A(;IENDA ITEM NO. 1. Co. PAGE-.:L OF ~ 3 ~ Page Five - City Council Minutes - September 14, 2004 advised that the Council would discuss the contract further at the November 9th meeting, but allow it to run the term of twelve months. She indicated that this would allow for negotiation with a Clean slate. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE David Cooper, 32900 Riverside Drive, indicated that in May of2003, he suggested to then Mayor Brinley that the Moment of Silence be changed to a Moment of Silent Prayer. He noted that tonight that change was on the agenda for a vote. He commented that having a Moment of Silence was appropriate at Ground Zero in New York on September 11, 2004, but not at every meeting of the City Council. He encouraged the Council to support the proposed change. He provided a prayer for the City Council's wisdom, the safety of soldiers in Afghanistan and the President. ~ David Cheney 29041 Stoneridge Terrace, announced that the NAACP would be holding a Candidate Forum on October 23cd at 11 a.m., in the Library annex. He suggested arriving early, as there was limited space available. He noted that the NAACP does not support candidates or political parties. Ron LaPere, 16867 Wells, thanked the citizens for calling today to alert the City, and stop the removal of palm trees on Gunnerson and McBride. He indicated that the trees were not removed and the check was returned. He advised that last week at the Planning Commission there was a unanimous vote paying tribute and extending thanks and congratulations to Community Development Director Brady and his staff for bringing complete and full information to the Commission. He stressed that this thorough information allowed the Commission to make wise decisions. He offered applause to Mr. Brady and his staff, . ~ Pete Dawson, 18010 Grand Avenue, noted that he had previously provided pictures to Council regarding the Laing Homes project, which was already approved. He indicated that at the meeting four weeks prior, he had presented the picture saying it was a flooded Lake Elsinore in 1993. He advised that he was told in conversation that 1993 would have been before the outflow channel was AGENOA InM riO, PNJE ~ IL- 3'''"' T aI ~ Page Six - City Council Minutes - September 14, 2004 """"'" completed, and a 1995 picture would be more appropriate. He presented the picture from January, 1995 and questioned where homes could safely be built. Donna Franson, 7 Villa Valtelena, thanked all the people who have been so responsive to the Lake Elsinore newsletter. She noted that they had received over 200 of the cards back, and many encouraging notes were included on the cards. She indicated that the group was working on membership packets which should be in the mail either late-September or early-October. She noted that the responses showed that people are interested in participating in the growth of Lake Elsinore. She advised that the next newsletter could be expected some time in November. She requested Mayor Buckley's assistance in contacting Mr. Stahovich at the County to address issues on the Laing Home project. She invited Mayor Pro Tern Kelley to write the next letter for the newsletter. Teri Prijatel, 17471 Lakeshore Drive, S., noted that many people know her for her volunteer work in LEMSAR. She requested the public's assistance in raising money for her Daughter-in-Law in Lake Elsinore. She explained that Nico Williams had a case of bone cancer in her leg, but continued to train horses and young riders. She detailed the condition and explained that the leg was recently amputated, so Nico was in need of a prosthetic leg. She encouraged participation in the fund-raiser on October 10th at the Humphries Estate in Temecula. She indicated that people interested in donating to the silent raffle could call 678-1281 and those interested in donating funds could contact People Helping People at 699-1710. """"'" PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following items anq deferred to those discussions: Item Nos. 4, 10 and 34. -.." AQENDA ITEM NO. \ . Co I PAGE~ OF 53 ,..... Page Seven - City Council Minutes - September 14, 2004 CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4 and 10. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED, WITH THE MINUTES AMENDED AS DISCUSSED DURING THE EARLIER STUDY SESSION, AND THE CORRECTION TO ITEM 3. 1. The following Minutes were approved as amended: ~ a. Joint Study Session - July 13,2004. b. Joint Study Session - July 27,2004. c. Regular City Council Meeting - July 27, 2004. d. Regular City Council Meeting - August 10, 2004. e. Regular City Council Meeting - August 24, 2004. The following Minutes were received and ordered filed: f. Planning Commission Minutes - August 17, 2004. 2. Ratified Warrant List of August 31, 2004. 3. Approved Council Policy Revision regarding Moment of Silent Prayer, as corrected. · 5. Approved funding for Fire Station 10 - Concrete Repair Work, in the amount of $41 ,850. ~ 6. Approved Professional Services Agreement for Noble Consultants, Inc., in AGENDA ITEM NO. \. C-. ~AGE_l.OF ~3 1 Page Eight - City Council Minutes - September 14, 2004 ~ an amount not to exceed $12,500 for a Supplemental Engineering Report. 7. Adopted Resolution No. 2004-59 approving participation in the Juvenile Accountability Incentive Block Grant. RESOLUTION NO. 2004-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LAKE ELSINORE POLICE DEPARTMENT TO PARTICIPATE IN THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT. 8. Adopted Resolution No. 2004-60, authorizing the Placement of Nuisance Abatement Hearing costs as Special Assessments on the Property Tax Rolls. RESOLUTION NO. 2004-60 "-'" A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF NUISANCE, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASS:t:SSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. 9. Approved Amendment to the Agreement by and between the County of Riverside and the City of Lake Elsinore for Roadway Improvements on Corydon Street. ~ AG;ENDA ITEM !:lO. \ · C-, PAGE Y) OF]3 I /"""" Page Nine - City Council Minutes - September 14, 2004 PUBLIC HEARINGS None. BUSINESS ITEMS 31. Industrial Project No. 2004-02 - Vanderhoek Industrial Buildings. Community Development Director Brady detailed this item, which includes two industrial buildings at Birch and Minthom. He advised that they would be concrete tilt-up buildings, and noted the drawings as presented. He indicated that the proposal included 70 parking spaces and landscaped areas, making it a very nice design. /"'" Councilman Magee inquired if the applicant was present and if he had comments. The Applicant was present, but indicated that he had no comments. Councilman Magee thanked him for his investment in the Community. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO APPROVE DESIGN REVIEW OF INDUSTRIAL PROJECT NO. 2004-02 BASED ON THE FOLLOWING FINDINGS AND EXHIBITS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Mayor Buckley noted the high quality of the drawings presented and inquired if they were computer generated. The Applicant confirmed. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. . 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. The proposed Industrial Design Review located at APN: 377-151-044 complies AQENDA ITEM NO. \ ' c.... . PAGE-'1.0F 13 Page Ten - City Council Minutes - September 14, 2004 """""" 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: 377-151-044 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 and 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 Industrial Design Review located at APN: 377-151-044, 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 Review located at 377-151-044 has been scheduledfor consideration and approval by ""-" AGENDA ITEM NO. \ :? c . PAGE \ () _OF :3 ,....... Page Eleven - City Council Minutes - September 14, 2004 the Planning Commission. CONDITIONS OF APPROVAL FOR INDUSTRIAL DESIGN REVIEW NO. 2004-02 GENERAL ~ 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Contra~t Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, Contract Consultants, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project located at Assessor Parcel Number 377-151-044, 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 will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. INDUSTRIAL DESIGN REVIEW NO. 2004-02 2. Design review approval for Industrial Project No. 2004-02 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 ~ne (1) month prior to expiration. r'. 3. 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 \ . (.,. AGENDA ITEM NO.~, PAGE_D-OF 53 ' Page Twelve - City Council Minutes - September 14, 2004 "-"" release of utilities. 4. 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. s. Structures shall be placed on-site as depicted on the site plan and/or as modified by the Community Development Director or designee. 6. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of building permit. ....." 7. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond for each. 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, prior to issuance of building permit. . 9. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for Type 'A' loading zones (12' x 20') and Type 'B' loading zones (12' x 40'). 10. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of \ I~, AQENOA ITEM NO. PAGE "';2.. OF '3 3 j "-"" ~ Page Thirteen - City Council Minutes - September 14, 2004 the Lake Elsinore Municipal Code. 11. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 12. 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 be consistent with the architectural style .ofthe building. 13. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building as approved by the Community Development Director or Designee. ,....... 14. The applicant shall submit a Sign Program for the approval of the Planning Commission prior to the issuance of the first building permit. 15. All building signage shall comply with the Sign Program submitted to the Planning Division. 16. All drive aisles and loading areas shall be kept and maintained free and clear of any materials/merchandise so as not to obstruct on-site circulation and deliveries. 17. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 18. Provide a l2-inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). 19. Applicant shall meet ADA (Americans with Disabilities Act) requirements. /"" 20. No exterior roof ladders shall be permitted. AGENDA ITEM NO. l. c.... , PAGEJ..3... OF 3> S Page Fourteen - City Council Minutes - September 14, 2004 ...., 21. All service and loading doors shall be painted to match the building. 22. On-site surface drainage shall not cross sidewalks. PRIOR TO BUILDING/GRADING PERMITS 23. 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. 24. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. "-' a) All planting areas shall have permanent and automatic sprinkler system with 1 00% 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. \ \ c... . PAGE.BOF 33 ,..... Page Fifteen - City Council Minutes - September 14, 2004 e) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. 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. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 25.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. \.c... AQENDA ITEM NO. PAGE_J -:; OF 33 Page Sixteen - City Council Minutes - September 14, 2004 ~ 26.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 27.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 28.Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 29. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. ENGINEERING 30.Development shall designed to allow for truck turning movements on site as well as onto the site. Truck turning template showing trucks turning to back into all loading bays shall be required. ~ 31.Full half width street dedications on Minthorn Street shall be required for 30-foot half width right-of-way dedication and 20-foot of roadway improvements shall be constructed between the centerline and curb-face. This requirement shall be for the project frontage with transitions to the existing pavement where applicable. 32.Building pad elevations shall be required to be I-foot above the 100-year flood elevation. 33.On-site detention shall be required for the incremental increase in storm water runoff. 34.The driveway located on Minthorn Street shall be 40-feet deep (Clear from the curb face to the first parking stall or drive isle). ~ AQENDA ITEM NO. \. c.. _ PAGE ) \0 OF 1 _1 r"' Page Seventeen - City Council Minutes - September 14, 2004 35.A reciprocal access easement shall be required between the property to the southeast and the subject property. 36.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. 37. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 38.All street improvements shall be installed and functioning prior to certificate of occupancy. ,'--" 39.Payall 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. 40.Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to issuance of building permit. 41. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to certificate of occupancy. 42. Street improvement plans and specifications shall b'e prepared by a California 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). ,--.. \ 'c. AQENDA ITEM NO. '" PAGE..ll OF 33 Page Eighteen - City Council Minutes - September 14, 2004 ...., 43.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. 44.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ~" x II II Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 45.The applicant shall install permanent survey monuments in compliance with the City's municipal code. 46.Applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners prior to issuance of building permit. ...., 47.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. 48.Provide fire protection facilities as required in writing by the Riverside County Fire Department. 49.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 50.Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 51.If applicable, 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 development. ~ AQENDA ITEM NO. _\ . C. PAGEJ..[. OF 3 3 , ~ Page Nineteen - City Council Minutes - September 14, 2004 52.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 53.All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. /'"' 54.Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 55.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 56.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 57.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. /'"' 58.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. AGENDA ITEM NO. I -C, PAGEl:LOF 33 Page Twenty - City Council Minutes - September 14,2004 ......, 59.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. 60.Individuallot 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. 61.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. 62.Meet all requirements ofLEMC 15.64 regarding flood hazard regulations. 63.Meet all requirements ofLEMC 15.68 regarding flood plain management. ......, 64. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to issuance of building permit. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 65.All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 66.Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 67.10-year storm runoff should be contained within the curb and the 100-year storm runoff should be contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. ......, AGENDA ITEM NO. \ . c... · PAGE 2J>_ OF 3:> ~ Page Twenty-One - City Council Minutes - September 14, 2004 68.A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed storm water run-off on private property. 69.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 70.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. ,......... 71.Education guidelines and Best Management Practices (BMP) shall be provided to tenants 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 meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 72.Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveways. 73.Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. ,......... 74.Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. AQENDA ITEM NO. \.c..... PAGE ~\ OF 33 Page 1\venty-1\vo - City Council Minutes - September 14,2004 ....., 75.All parcels shall have direct access to public right-of-way or be provided with a minimum 30 ft ingress and egress easement to public right-of-way provided on improvement plans or by separate instrument. 76.Existing access easements over property must be addressed to the satisfaction of the easement owners prior to certificate of occupancy. 77.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 phases of construction and operation. RIVERSIDE COUNTY FIRE DEPARTMENT ....., 80. The applicant shall comply with all comments and conditions of approval from the Riverside County Fire Department. COMMUNITY SERVICES DEPARTMENT 81.Applicant shall pay park-in-lieu fees for all proposed commercial buildings. 82.Applicant to maintain all on-site landscaping. 83.Applicant to comply with all City Ordinances regarding construction debris and removal (Chapter 8.16 LEMC). 84.Applicant to comply with all NPDES regulations. · 32. Request for Additional Funding - Animal Friends of the Valleys. City Manager Watenpaugh noted that this was a very basic request, and the representatives of the Animal Friends were present to respond to questions. ......,. \ . c... AQENDA ITEM NO. PAGE ).?- OF 33 " Page Twenty-Three - City Council Minutes - September 14, 2004 Community Services Director Sapp detailed the request for an increase of $4,800 annually, or $400 per month. He noted that the current contract was for $85,200 per year, on a monthly basis. He recommended approval of the requested and indicated that funding was currently available in the budget, as it was funded in anticipation of the JPA being formed for the animal shelter. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO APPROVE THE REQUESTED $4,800 INCREASE PER YEAR. Councilman Hickman commented that Temecula received and increase of $1,500 per month vs. this $400 per month. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. /"""', 33. City Hall Remodel. MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM OFF CALENDAR UNTIL SOME OF THE COUNCIL COULD MEET WITH STAFF AND DISCUSS THE PROJECT. Mayor Buckley noted that, next Friday, on September 24th City Hall would again be open on Fridays. 34. Choice of Consultant - Benefits Audit. /"""' Councilman Magee noted that the Council had appointed a sub-committee to send out requests for proposal and review the proposals for a benefit audit on certain benefits discussed by the Council. He indicated that of the 36 requests sent out, only five firms had responded, of which a couple were deemed none responsive. He recommended the selection of William J. Healey CPA to review a one year time period for the fiscal year 2003-2004. and report back to the sub-committee by October 15th. He noted that Mr. AGENDA ITEM NO. \' L I PAGE :L ~ OF ~3 Page 1\venty-Four- City Council Minutes - September 14, 2004 ~ Healey's response was the most accurate, detailed and consistent with the Council wishes. Vida Boice, 17 Ponte Negra, indicated that her questions had been answered. Mayor Pro Tern Kelley indicated that she wanted to clarify a couple of things. She inquired if the results of the audit were to come back to the full Councilor just the sub-committee. Mayor Buckley indicated that they would come back to the sub-committee, and then the full Council. Mayor Pro Tern Kelley suggested that the report should come back to the entire Council. She commented that she was also concerned with the legal issues regarding the rights to privacy under the HIPAA laws. She noted that the names of doctors and the patients could not be connected, and questioned how that would work. City Attorney Leibold echoed Mayor Pro Tern Kelley's comments and noted that it would be important for the City Attorney's office to be participatory with respect to the dissemination of information and related issues. Mayor Pro Tern Kelley indicated that she had no problem with the City Attorney providing input into the process. She noted that her question earlier was to make sure the Council was included in the audit, which it is and that was good. She suggested that it would be more beneficial if all five Councilmembers got the results at the same time. ~ Councilman Magee indicated that in the RFP, approved at the last meeting, the Audit Procedures required a report to only the sub-committee, with the draft report before October 15th, with the final report for referral to the entire City Council, including all of the findings, etc. He stressed that they responded to specific direction in the RFP. · Councilman Schiffner questioned the dollar amount of the bid. Mayor Buckley indicated that it was $18,400. Councilman Magee clarified that the bid was a range of prices. Councilman Schiffner indicated that with regard to the question of the audit coming back to the Council, it would in NO \ . C I - AQENDA iTEM . - '33 PAGE~OF- - ......., ""'" Page Twenty-Five - City Council Minutes - September 14, 2004 effect happen, as the Committee would not be making any decisions. Mayor Pro Tern Kelley stressed that she would want the information given to all Councilmembers, so they could all evaluate it and respond. She indicated that she would want the outcome presented in a professional manner, instead of on the front page of the newspaper first. Councilman Hickman questioned if the sub-committee was comfortable with the one year review, or if they would be more comfortable with two years. Councilman Magee clarified that two years was not part of the scope of work, so he woul~ be uncomfortable changing it. ~ Councilman Magee reiterated that the RFP said the initial report was to the sub-committee, with comments by them. He commented that he could make it available to all Councilmembers, however that interest was not mentioned previously. He indicated that he had no problem providing copies of the draft report, with all Councilmembers responding in writing. MOVED BY BUCKLEY, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE PROPOSAL OF WILLIAM J. HEALEY III, CPA, TO PERFORM A ONE YEAR (FISCAL YEAR 2003- 2004) BENEFIT AUDIT TO INCLUDE ALL CITY ISSUED CREDIT CARDS. 35. Scheduling of Study Sessions. Mayor Buckley noted that this was a housekeeping issue, to complete two issues before the end of the year. He indicated that the first one was the Code of Ethics, and the second was the considerati9n of a new City logo or brand for a comprehensive marketing program. He suggested October 14th and 5 p.m. for the Code of Ethics and October 21 st at 5 p.m. for the Marketing program. ,........ MOVED BY HICKMAN, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE STUDY SESSION DATES AS " ~<"'~J ",,"i 1 C AGE~~rJf~ ~'3 G,l~ .~tJ...... ..r -- ~... i1,~~.. ~s _rJI . .:1c~ ~.-. Page 1\venty-Six - City Council Minutes - September 14, 2004 ,..." DISCUSSED ABOVE. 36. Rescheduling of September 28th Meeting. Mayor Buckley requested that this item be pulled from the Agenda with prejudice. ITEMS PULLED FROM THE CONSENT CALENDAR 4. Disposal of Surplus Equipment - Computers & Electronics. Vida Boice, 17 Ponte Negra, suggested that before the City got rid of this equipment, they should look at the Senior Activity Center for placement of the equipment such as a printer, noting the difficulty with the old printer they have. She suggested that this would be recycling the equipment to a good use. She stressed that staff should consider trying to place the equipment in places of benefit, such as Senior Center. ""'" Information/Communications Manager Dennis thanked Mrs. Boice for the suggestion and indicated that staff does look to recycle operable equipment; however this was primarily scrap equipment. He commented that if a printer does not pull paper or print properly, it would still need to be maintained by the City wherever it was place. He noted that the suggestion would be honored when there was functional equipment. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE DISPOSAL OF SURPLUS COMPUTERS AND ELECTRONIC EQUIPMENT AS REQUESTED. . 1 O. Legal Services Contract - Steve Filarsky. Vida Boice, 19 Ponte Negra, indicated that this name was not familiar to her and questioned the purpose of the item. City Attorney Leibold clarified the recommendation for a Professional Services Contract. Mrs. Boice ""'" \ .C. AGENDA ITEM NO. PAGE~.?.1> OF 3 3_ ,-. Page Twenty-Seven - City Council Minutes - September 14, 2004 questioned who Mr. Filarsky was. City Attorney Leibold indicated that he specialized in municipal employment and personnel matters; and noted that she did not have that expertise in her firm. Mayor Buckley noted that there would be no ongoing costs. Councilman Hickman noted his understanding from the earlier discussion that this was to assist the City in personnel issues. He suggested adding "City Council" rather than just the City. City Attorney Leibold clarified that the City Council is the voice of the City, and the services would be provided to the Council as the City representa,tives. ~ MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONTRACT WITH STEVE FILARSKY AND AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:57 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:02 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES ~. Donald Ash, 1131 Mill Street, addressed the issue of houses on the floodplain. He noted that he was a Director of the Water District at the time the plan was pushed through to stabilize the Lake. He indicated that he objected to the Lake Management Plan and suggested that it was a real estate scheme to allow houses to be built. He suggested if that was the intent they should have been honest with . the community; and noted that there was not even a vote of the people, because the Water District wanted to push it through. He noted a report on the plan from an engineering firm that reported there would be no houses in the floodplain and it would only be used for recreation and agricultural purposes. He further noted that there was later an agreement with a developer to put houses in the floodplain, followed by a lawsuit and yet another developer intending to build houses. He AGENDA ITEM NO. _\ · c.... _ PAGE21 OF 33 Page Twenty-Eight - City Council Minutes - September 14, 2004 commented that the Council recently accepted the plan, so now the community was stuck with houses in the floodplain. He reiterated that there were to be no houses in the floodplain. He questioned the way the City Council was operating, and suggested that it was not doing the City any good. Carol Gordon, Senior Code Enforcement Officer, noted that as a long time City employee she remembered what it was like before this City Manager. She noted that there were hopes that Lake Elsinore would take off like Temecula, and it had done so. She indicated that she was thrilled to be part of the major changes, and attributed the successes to "the man at the wheel". She expressed wishes that she and other employees could continue to work under the City Manager's support and guidance. Matt Pressey, Administrative Services Director, indicated that the most important aspect of research for employment, was who his boss would be. He commented that he chose Lake Elsinore for the rich history, beautiful community and scenery, the team approach and the City Manager. He noted that the City Manager was spoke of highly, and after having worked with him extensively had seen him from both sides. He noted that he had worked for eleven different cities, three as an employee; and has seen a lot of City Managers. He indicated that Mr. Watenpaugh was one of the best due to his corporate history, character, honesty and fairness. He noted that all of the staff respects him and he had only heard positive comments about him. He indicated that as a department head he wanted to share in the concern for the direction of the City; and noted that he saw a bright future, with a Council serving the best interest of the City. He indicated that in his opinion it would be a great loss if the City Manager's contract was not renewed. He commented that in response to the direction given to the City Manager by the Council, he was responsive and worked to see those directions fulfilled. He noted . that he takes the direction in an assertive manner, delegates and holds staff accountable. He commented that Mr. Watenpaugh meets with the public, returns calls and has an open door. He stressed that this was not a decision to be taken lightly and expressed belief that the best interests of the City would be considered. Edith Stafford passed on her comments. AGENDA ITEM NO. J ' c.. I PAGEa OF 3.3 ...." ...." ...." ,-. Page Twenty-Nine - City Council Minutes - September 14, 2004 Ron LaPere passed on his comments. Lt. Col. Paula Graver, 117 Poe Street, noted an e-mail that reminded her of what she told her son about war in 1984 or 1985. She read the e-mail comparing a neighborhood to the events in the world. She commented that she appreciated the prayers and good wishes, noting that her son was shot in shoulder and recuperating in Texas. Tim Fleming, 17970 Lakeshore Drive, noted that he has been a resident of Lake Elsinore for over ten years, and saw it as a management run City. He thanked the new Council majority for taking the control back and making decisions for the citizens. "..-.. CITY MANAGER COMMENTS City Manager Watenpaugh commented that he had thought long and hard about his comments and addressed the following: "..-.. 1) Commented Paula Graver on her presentation. / 2) Noted that he respected the position of the Council, but challenged the community to support them. He noted that the majority of the voters do not show up at meetings or care about what happens. He indicated that most do not take the time to show up. He advised that he was comfortable with the Council's action this evening, and was proud to be part of the staff. He thanked everyone for the comments this evening and challenged the businesses to step forward and become part of the community. He indicated that there were only . three people that got up and made positive comments on how the issues should be addressed; and Mr. Harvey Ryan had suggested how to deal with issues. He commented that he wished the residents would be supportive of the Council, as they are in office and deserve to hear from everyone. He stressed that the Council had a right to know the peoples' thinking. He indicated that the Council was doing \. C' M~ENDA ITEM NO. PAGE A~OF 33 Page Thirty - City Council Minutes - September 14, 2004 ,...." the best they could with the input they were receiving to make the tough decisions. He stressed that the Council was trying to raise the bar beyond the accusations and threats that became press and overshadowed the positives. He stressed the need to stop the negative and move forward; and expressed appreciation for the opportunity and challenges. CITY ATTORNEY COMMENTS No Comments. COMMITTEE REPORTS No Reports. CITY TREASURER COMMENTS ,...." No Comments. CITY COUNCIL COMMENTS Councilman Magee commented on the following: 1) Requested that staff take a look at the policy on Street Sweeping and Citations, noting that he receives a lot of comments that the signs mark the time, but when the sweeper had gone by they were still receiving citations. He questioned the ability to change that policy, noting that the purpose of the program was to clean streets, not exact . citations. Councilman Hickman commented on the following: 1) Concurred that it would be appropriate to look into the Street Sweeping citations. ,...." AGENDA ITEM NO. \ . c.... PAGE_30 OF 3.3 ,- Page Thirty-One - City Council Minutes - September 14, 2004 2) Noted that those interested in assisting with holiday meals for the needy contact Ron Hewison at 471-1013. He explained that they were attempting to coordinate the efforts of the various groups. He noted that clothing and shoes were available for kids from HOPE, but a referral was needed from community connections. 3) Announced the September 16th meeting to be held in the Cultural Center regarding the Riverside/Orange County Road Study. Mayor Pro Tern Kelley commented on the following: 1) Thanked everyone who turned out for the Music with a View series, and commented that she appreciated the support. ,...--.. Councilman Schiffner commented on the following: 1) Noted the meeting on the new route for Orange County and explained that right now it was in the 18 month study period. He advised that they were looking at the area from the Ortega Highway to the 91 freeway, at four possible locations. He indicated that an EIR was required for each area, so they were breaking it down to the four routes, as the whole area would be too extensive. He explained that the process was underway to make determinations. He advised that this meeting was one of many around Western Riverside County to gain public input, and noted that meetings would be held in both counties. He encouraged participation in the meeting. He noted that while the discussions were occurring soon, it would still require a concerted effort to move forward and proceed with the project. . 2) Noted the Closed Session discussion as described and indicated that he was in favor of continuing to keep the City Manager, as he believes the majority of the businesses have respect for him. He further noted that the elected officials in other cities also respect him, as he has heard from many of them. He requested that the public ,...--.. AGENDA ITEM NO. \ . c . PAGE~OF 'l3 Page Thirty-1\vo - City Council Minutes - September 14, 2004 '-'" with a feeling on this matter come forward and make these feelings known. He noted the options and stressed the importance of everyone providing their opinions. He indicated that he did not want the City run by a few naysayers that approve of nothing. He encouraged the public to come out and address the item. Mayor Buckley commented on the following: 1) Reminded the community of the Trauma Intervention Casino Night. 2) Reminded the community of the fundraiser for Nico Williams and indicated that tickets were available. 3) Reminded the public of the September 16th meeting from 6:30 to 8:30 and noted that it would be a scoping session to look at possible plans. He encouraged everyone to support building the road in Lake Elsinore. .....", 4) Announced the following upcoming events: September 18 - Familia Celebracion September 25 - Free Fishing on the Lake October 2 - City-Wide Clean up from 7 a.m. to 1 p.m. for household debris and bulky items. October 2 - Household Hazardous Waste Disposal October 3 - Open Air market October 4 - Woman's Club Rummage Sale . 5) Advised that there would be coffee available every day at the Senior Center until 11 a.m. 6) Noted that this meeting had the potential to be rather long, and thanked everyone for maintaining decorum. .....", AQENOA ITEM NO. \ f' " PAGE 3 ?-OF ~3 4 ~ -----. -----. Page Thirty-Three - City Council Minutes - September 14, 2004 ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:31 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. \, '-. . PAGE 3 J OF 3 3 SEPTEMBER 15. 2004 CITY OF LAKE ELSINORE WARRANT SUMMARY ,-.., FUND# FUND DESCRIPTION TOTAL 100 105 110 130 205 231 360 362 363 364 608 620 GENERAL FUND MISCELLANEOUS GENERAL PROJECT FUND STATE GAS TAX FUND LIGHTING 1 LANDSCAPE MAINTENANCE FUND TRAFFIC IMPACT FEE FUND LIBRARY C.I.P. FUND A.D. 93-1 DEBT SERVICE FUND C.F.D. 95-1 (1996-E) DEBT SERVICE FUND C.F.D. 88-3 III(A)/97 SRS A DEBT SERVICE FUND C.F.D. 88-3 III(B)/97 SRS B DEBT SERVICE FUND TRUST DEPOSITS & PRE-PAID EXP. FUND COST RECOVERY SYSTEM 573,372.40 15,407.08 153,574.90 50,984.43 105.00 4,557.59 3,295.00 86,929.17 1,500.00 1,500.00 500.00 681.49 892,407.06 GRAND TOTAL ,,-- ,.... 9/16/2004 P:\WARRANT LIST MASTER\WARRANT 091504 ~ b _ OF -..__ AENoA 'TEM NO. -" PAGE l SEPTEMBER 15, 2004 CITY OF LAKE ELSINORE WARRANT liST CHECK# VENDOR NAME 78921 MARRIOTT COURTYARD RIVERSIDE 79041 VOID-(TRAVELERS CASUALTY & SURETY CO.) 79074 CALIFORNIA P.E.R.S. 79075 CALIFORNIA P.E.R.S. 79076 STANDARD INSURANCE COMPANY 79077 STANDARD INSURANCE COMPANY 79078 FORTIS BENEFITS 79079 VISION SERVICE PLAN 79080 TEMECULA VALLEY CHAMBER OF COMMERCE 79081 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 79082 THE MARK FISHER COMPANY 79083 JAMIE WHEELER 79084 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 79085 THE BUSINESS PRESS 79086 CALIFORNIA P.E.R.S. 79087 RIVERSIDE COUNTY'S CREDIT UNION 79088 I.C.MA RETIREMENT TRUST 79089 KINKO'S, INC. 79090 STATE OF CALIFORNIA 79092 VOID 79093-79096 A & A JANITORIAL SERVICE 79097 A BETTER PARTY 79098 ACCOUNTEMPS 79099 ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. 79100 ALLIED TRAFFIC EQUIPMENT 79101 ALPINE PREMIUM WATER-NATHAN GARNER 79102 AMERICAN BATTERY SUPPLY 79103 ERICA ANDERSEN 79104 ANIMAL FRIENDS OF THE VALLEY 79105 APPLE ONE EMPLOYMENT SERVICES 79106 BANK OF AMERICA (0601) (M.BEST) 79107 BANK OF AMERICA (0619) (B.BRADY) 79108 BANK OF AMERICA (0627) (T.BUCKLEY) 79109 BANK OF AMERICA (0676) (D.SAPP) 79110 BANK OF AMERICA (0692) (WATENPAUGH) 79111 BANK OF AMERICA (6673) (P.KILROY) 79112 BANK OF AMERICA (6707) (M.PRESSEY) 79113 BLACKMORE CONTRACTING 79114 BOARD OF EQUALIZATION 79115 BOATS PLUS 79116 ROBERT BRADY 79117 THOMAS W. BUCKLEY 79118 BUNDY CANYON TURF SUPPLY 79119 C. R. & R. DISPOSAL, INC. 79120 C.R. GANN DEMOLITION, INC. 79121 CALIFORNIA CITY MANAGEMENT FOUNDATION 79122 CALIFORNIA NARCOTIC OFFICERS ASSOCIATION 79123 CALIFORNIA PARK & RECREATION SOCIETY 79124 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 79125 THE CALIFORNIA AMOUNT 296.37 '-' (47,751.33) 58,801.87 3,070.75 376.85 2,119.75 6,539.15 1,160.71 140.00 510.00 1,340.50 500.00 30.00 450.00 30,354.18 2,925.00 4,730.56 301.42 100.00 0.00 6,115.45 528.23 1,120.00 1,021.00 119.49 291.15 '-' 347.49 52.50 7,100.00 1,572.80 182.13 141.19 38.00 565.48 961 .40 25.40 503.19 13.00 2,500.00 3,696.45 80.00 150.00 31 .40 891.45 3.000.00 300.00 110.00 140.00 350.00 61.00 '-" 9/16/2004 P:\WARRANT LIST MASTER\WARRANT 091504 1 OF 4 AENOA ITEM NO. :2- ""'- PAGE-2- OF ~? -'i,: SEPTEMBER 15. 2004 CITY OF LAKE ELSINORE ~HECK# VENDOR NAME 19126 CALOL YMPIC GLOVE & SAFETY CO. 79127 CCP INDUSTRIES, INC. 79128 ROBIN CHIPMAN 79129 COAST TO COAST WIRELESS, INC. 79130 COMPUTER ALERT SYSTEMS, INC. 79131 COMTRONIX OF HEMET 79132 CONOCOPHILLlPS FLEET 79133 KIRT A. COURY 79134 COVINA PAINTS 79135 CRAFCO, INC. 79136-79137 CUTTING EDGE STAFFING, INC. 79138 D & SELECTRIC 79139 D-N-A FLOORING 79140 DANIELS TIRE SERVICE, INC. 79141 DANKA OFFICE IMAGING 79142 DELL MARKETING, L.P. 79143 MARK DENNIS 79144-79145 DO IT CENTER 79146 CAROLE K. DONAHOE, AICP. 79147 DOWNS COMMERCIAL FUELING, INC. 79148-79149 E. V. M. W. D. 79150 E.D.C. SOUTHWEST RIVERSIDE COUNTY 79151 ELITE ELEVATOR, INC. --Z9152 ELSINORE ELECTRICAL SUPPLY, INC. 3153-79154 ELSINORE PIONEER LUMBER CO. /9155-79156 EXCEL LANDSCAPE, INC. 79157 EXECUTIVE EVENT SERVICES, LLC 79158 FEDERAL EXPRESS CORPORATION 79159 FIRE PROTECTION SERVICES 79160 DEPUTY JUSTINO FLORES 79161 GEARHART'S GARAGE, INC. 79162 GEO SEC, INC. 79163 GOLF VENTURES WEST 79164 GREENSCAPE 79165 ARLINE GULBRANSEN 79166 LORENA HANCOCK 79167 HARDY & HARPER, INC. 79168 HARRIS & ASSOCIATES, INC. 79169 HAULAWAY STORAGE CONTAINERS,INC. 79170 HAWKINS TRAFFIC SAFETY 79171 DARYL J. HICKMAN 79172 HTE VAR, L.L.C. 79173 HYATT REGENCY-LONG BEACH 79174 IKON OFFICE SOLUTIONS, INC. 79175 IMPACT PROMOTIONAL PRODUCTS 79176 IMSA 79177 INLAND EMPIRE LOCK & KEY 79178 JEFF HAUSER MOBILE WELDING ~179 VICKI LYNN KASAD )180 PAT KILROY WARRANT LIST AMOUNT 137.60 213.68 75.00 40.22 1,468.21 290.93 361.19 2,148.30 361.88 911.22 5,881.20 1,667.00 2,554.00 302.55 348.60 6,490.81 107.51 303.44 3,375.90 3,914.15 6,283.93 60.00 312.00 47.32 1,841.79 20,723.75 10,962.00 124.21 356.20 30.00 1,328.45 24,497.50 611.17 2,178.50 91.88 453.00 49,663.40 10,260.00 223.20 185.00 150.00 840.89 378.15 125.00 165.94 520.00 336.70 1,200.00 150.00 362.14 9/16/2004 P:\WARRANT LIST MASTER\WARRANT 091504 20F4 AQENDA ITEM NO. 2 " PAGElOF 5" __. SEPTEMBER 15, 2004 CITY OF LAKE ELSINORE WARRANT liST CHECK# VENDOR NAME 79181 DEPUTY ROBERT KWAN 79182 L & M FERTILIZER, INC. 79183 THE L.I.U. OF N.A. 79184 LA SIERRA FIRE EQUIPMENT 79185 LAKE AIR COMPANY 79186 LAKE CHEVROLET 79187 LAKE ELSINORE FLORIST & GIFTS 79188 LAKE ELSINORE FORD 79189 LAKE ELSINORE MATERIALS 79190 LAKE ELSINORE REDEVELOPMENT CORP. 79191 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 79192 LAKELAND MARINE 79193 LIBRARY SYSTEMS & SERVICES, L.L.C. 79194 L1UNA LOCAL 777 79195 MAACO AUTO PAINTING & BODY WORKS 79196 CHARLES MACKEY JR. 79197 KIM MAGEE 79198 LINDA M. MILLER 79199 MORROW PLUMBING,INC. 79200 MSA INLAND EMPIRE/DESERT CHAPTER 79201 NATIONAL NOTARY ASSOCIATION 79202 NATIONAL PEN CORPORATION 79203 NEILL'S CONTRACTING 79204 NEW HOLLAND CREDIT, L.L.C. 79205 NORTH COUNTY TIMES 79206 MICHAEL O'NEAL 79207 WILLIAM PAYNE 79208 DENNIS A. PETERSEN D.O. INC. 79209 PITNEY BOWES, INC. 79210 THE PRESS ENTERPRISE 79211 MATT PRESSEY 79212 PRODUCTION VIDEO 79213-79215 PRUDENTIAL OVERALL SUPPLY 79216 QUILL CORPORATION 79217 R.J. NOBLE COMPANY, INC. 79218 RIGHTWAY 79219 RIVERSIDE COUNTY SHERIFFS 79220 RIVERSIDE LOCAL AGENCY FORMATION COMMISSION 79221 COUNTY OF RIVERSIDE OFFICE OF THE AUDITOR-CONTROLLER 79222 COUNTY OF RIVERSIDE DEPARTMENT OF INFORMATION TECHNOLOGY 79223 ROBBINS PEST MANAGEMENT,INC. 79224 JESUS ROQUE 79225 ROBERT SCHIFFNER 79226 SCOTT MORRISON & ASSOCIATES 79227 SERVICE ONE SERVICE, INC. 79228 SHARE CORP. 79229 TRACI SIGWAL T 79230 SIMPLOT PARTNERS 79231 PHILLIP SLESSOR 79232-79234 SOUTHERN CALIFORNIA EDISON CO. AMOUNT 30.00 ""-'" 119.58 2,439.24 350.00 1,686.00 418.45 358.76 301.48 107.75 8,959.76 12,500.00 69.82 4,557.59 506.00 937.33 6,125.00 133.85 3,350.00 90.94 100.00 315.00 81.26 11,909.00 3,251.42 741.36 150.00 "'-" 75.00 620.00 99.44 726.70 1,050.00 73.00 500.58 762.31 128,237.72 240.00 4,084.80 100.00 2,005.00 112.20 320.00 360.00 150.00 616.00 7,380.00 494.04 11.25 517.63 955.00 53,478.37 \~ 9/16/2004 P:\WARRANT LIST MASTER\WARRANT 091504 30F4 AQENDA nEM NO. 1- PAGElOF b"' SEPTEMBER 15. 2004 CITY OF LAKE ELSINORE WARRANT liST ..-cHECK# /9235 79236 79237 79238 79239 79240 79241 79242 79243 79244 79245 79246 79247 79248 79249 79250 79251 79252 79253 79254 79255 79256 79257 ~9258 9259 19260 79261 79262 79263 79264 79265 79266 VENDOR NAME SOUTHERN CALIFORNIA GAS CO. ST PAUL TRAVELERS JASON STANLEY STATE COMPENSATION INSURANCE FUND STAUFFER'S LAWN EQUIPMENT PEGGY J. STORAASLI BOB STOVER, INC. T.S. INDUSTRIAL SUPPLY TARGET SPECIALTY PRODUCTS TEAM AUTOAID, INC. TEMECULA COPIERS DAN UHLRY ULTIMATE SIGNS & GRAPHICS UNION BANK OF CALIFORNIA UNITED PARCEL SERVICE UNIVERSITY OF PHOENIX VALLEY CENTER AUTO PARTS NAPA VANBLARCOM, LEIBOLD, MCCLENDON & MANN VENUS PRINTING VERIZON EQUIPMENT SALES & SERVICES VERIZON INTERNET SOLUTIONS ARMANDO VILLA RICHARD WATENPAUGH WAXIE SANITARY SUPPLY WEST COAST ARBORISTS, INC. WEST COAST COMPUTER SERVICE WEST COAST WINDOW CLEANING WESTERN FARM SERVICE, INC. WESTERN HIGHWAY PRODUCTS, INC. WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS WESTIN LONG BEACH ZONES.COM AMOUNT 851.66 47,751.33 237.00 21,024.72 148.85 1,003.63 4,670.72 40.89 3,781.12 131.42 739.70 150.00 4,234.58 93,224.17 77.24 1,296.00 278.28 26,116.69 414.46 576.14 164.40 75.00 150.00 288.50 5,448.00 183.75 450.00 767.64 2,286.18 1,697.00 383.24 1,247.67 TOTAL 745,868.10 PIE DATE: 09/03/04 PAYROLL TAXES 09/03/04 PAYROLL CASH 43,527.78 103,011.18 892,407.06 GRAND TOTAL -- 9/16/2004 P:\WARRANT LIST MASTER\WARRANT 091504 40F4 AENOA .TEM NO. :t . PAGES.OF~ /""" CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: RICHARDJ. WATENPAUGH, CITY MANAGER DATE: SEPTEMBER 28,2004 SUBJECT: AUTHORIZATION TO PREPARE CEQA COMPLIANCE DOCUMENTS FOR TENTATIVE TRACT MAP NO. 31957 BACKGROUND The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for the preparation of the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in-house or have a consultant prepare the documents and studies. The cost of preparing the environmental analysis is paid for by the project applicant through the application fee process. DISSCUSSION ,,--, Due to the scope of this project, staff has requested The Planning Center to prepare the CEQA documents and necessary studies for Tentative Tract Map 31957. The proposed cost of preparing the environmental review is estimated at $20,000. FISCAL IMPACT The cost of preparing the environmental review will be paid by the applicant's fees through the City's cost recovery program. All staff administrative time and consultant costs are paid from the applicant's fees. There is no cost to the City. RECOMMENDATION Staff recommends that the City Council authorize the City Manager to approve an agreement with The Planning Center to prepare the CEQA compliance documents for Tentative Tract Map No. 31957, in the amount of $20,000. PREPARED BY: Robert A. Brady, Director of Community Dev'elopment APPROVED FOR ~ k---1l .- AGENDA LISTING: #A If~ r .IJ,,- Ric ard J. Watenpaugh, ci~e"?J ,,-... Attachment AGENDA ITEM NO. 3 PAGE--l-OF~ a~THE a PLANNING U CENTER Governmental Service....., Planning & Urban Design Environmental Studies Landscape Architecture Service Authorization Date Prepared: July 22,2004 1580 Metro Drive Costa Mesa. CA 92626 Phone: 714.966.9220 Fax: 714.966.9221 costamesa@planningcenter.com Project Name: City of Lake Elsinore - 100-Lot Subdivision Project Number: COL-03.0E Type of Authorization: D Fixed Price Project o Time & Materials Project D Meetings Extra to Contract D Contract Extension D Reimbursables Extra to Contract o Reimbursables With 12.5% markup ~ Retainer: DYes 0No Budget Amount: o Not to Exceed Amount: $20,000.00 D Estimated Agreement Between: Client: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Attn: Kurt Coury Hereinafter referred to as "Client;" and Planner: The Planning Center 1580 Metro Drive Costa Mesa, CA 92626 Attn: Dwayne S. Mears, AICP Hereinafter referred to as "Planner." This document authorizes the Planner to execute the following services for the Client as indicated below: ......", C:IDocumenls and Settingsll<COURYllocal SettingslTemporary Inlernet FilesIOlK2AIDoc2.doc AQENDA ITEM NO. 3 PAGE ~ OFl Service Authorization Page 2 ".... Scope and Duration of Services: Preparation of an Initial Study/(Mitigated) Negative Declaration, including mitigation monitoring program for a 100-lot subdivision, located adjacent to a levee. It is assumed that the applicant will provide all required technical studies. Document is due to the City in early-September. The following identifies our scope of work: INITIAL STUDY Preparation of Initial Study. The Planning Center will prepare an Initial Study in screencheck form. The Initial Study will contain a description of the project and environmental setting, checklist review of each topic, and mitigation measures if appropriate. Identification of Responsible and Trustee Agencies. The firm will review the needed approvals for the project to identify Responsible Agencies. Agencies that have authority over potentially impacted resources will be identified as Trustee Agencies. Consultation with Responsible and Trustee Agencies. Responsible and Trustee Agencies will be contacted to obtain information concerning each agency's position on the appropriateness of preparing a Negative Declaration. ",....-- NEGATIVE DECLARATION Document Preparation. As required in CEQA Guidelines Section 15071, the Negative Declaration will contain the following: a brief description of the project the applicant's name, the location of the project site, the proposed finding of no significant impact and a listing of mitigation measures. The Initial Study will be attached to the Negative Declaration. Notice of Intent to Adopt. The Planning Center will prepare a Notice of Intent to Adopt the Negative Declaration, as appropriate. Document Revisions. Following the close of the public review period, responses will be prepared, and if appropriate the Initial Study/Negative Declaration may be revised. Mitigation Monitoring Program. A Mitigation Monitoring Program will be prepared for the Negative Declaration ",....-- C:IDocuments and SeltingslkCOURYlLocal SeltingslTemporary Internet FilesIOLK2AIDoc2.doc AGENDA ITEM NO. PAGE 3 OF Service Authorization Page 3 '-'" The Planning Center FEE SCHEDULE Staff Level Hourly Rate Principal $150 - $200 Third-Party CEQA Review $200 Exoert Witness $200 Director /T earn Leader $125 - $150 Senior Planner II $100 - $150 Senior Planner I $100 - $125 Senior Noise/Air Quality Soecialist $115 Associate Planner /DesiQner $80 - $100 Assistant Planner /DesiQner $60 - $85 CAD Operator II $80 - $90 CAD Operator I $55 - $75 Graphic Artist II $75 Graphic Artist I $55 PlanninQ Technician/Intern $45 Word Processor $55 Clerical $50 Terms and Conditions: Billing will be monthly based upon our standard hourly rates of $45 to $200, depending upon the professional's level of expertise. '-'" Acknowledgements: The attached General Terms of Agreement is a part of this contract. If the foregoing arrangement is satisfactory, please indicate your approval by executing the original of this Service Authorization and the General Terms attached where noted and returning same to this office. Your signature on this agreement will authorize work to proceed. By: The Planning Center By: Client: City of Lake Elsinore Date Executed ....., C:IDocuments and SettingslkCOURYlLocal SettingslTemporary Internet FitesIOLK2AIDoc2.doc AGENDA ITEM NO. 3 PAGE~OF--=:L- -- CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: RICHARD W ATENP AUGH, CITY MANAGER DATE: SEPTEMBER 28, 2004 SUBJECT: CORRECTION TO ORIGINAL REPORT TO COUNCIL DATED JUNE 22, 2004 - APPROPRIATION LIMITS FN 2004-05 (PROPOSITION 4) BACKGROUND: Article XIIIB of the State Constitution specifies that the City can annually increase its appropriation limits by a factor comprised of the change in population combined with either the change in California per capita personal income or the local assessment roll due to local non- residential construction. -- DISCUSSION: The original Report to Council was sent through with a miscalculation in the formula. This Report to Council includes the corrected formula. The original population percentage rate was 6.13 % where the correct percentage rate should be 6.31 %. Changes are as follows: California Per Capita Personal Income Assessment Roll Increase due to non-residential construction State Department of Finance- Population 35,538 @ 1/1/04 3.28% Not available 6.31 % FISCAL IMPACT; This population increase should result in an increase in State Subventions that are calculated on a per capita basis. · RECOMMENDATION; Adopt Resolution No. 2004- ~ correcting the City's FlY 2004-05 appropriation limit at $36,960,082. -- AllENOA ITEM NO. ~ PAGE.-LOF PREPARED BY: REVIEWED BY: APPROVED FOR AGENDA LISTING: ....", ~#!:!1L J Richard Watenpaug ; /;~ ....", ......, AQENDA ITEM NO. ~ " PAGE '2 OF f.p ,..... 2003-04 Appropriations Limit: Add 2004-05 Adjustments: California Per Capita Personal Income (3.28%) State Department of Finance Population Growth Percentage for Lake Elsinore (6.31 %) 33/538 @ 1/1/2004 2004-05 Appropriation Limit: ----- ----- CITY OF LAKE ELSINORE F IV 2004-05 APPROPRIATIONS LIMIT $33/725/779 $1/106/206 $2/128/097 $36/960/082 AGENDA ITEM NO. i PAGE J OF f.o RESOLUTION NO. 2004- It> \ ,....." A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2004-05 FOR THE CITY OF LAKE ELSINORE IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA GOVERNMENT CODE. WHEREAS Article XIII B of the Constitution of the State of California as proposed by the Initiative Measure approved by the people at the special statewide election held on November 6, 1979 and amended in June, 1990 by the people of the State of California (Proposition 111), provides that the total annual appropriations subject to limitations of each local government shall not exceed the appropriations limit of such entity for the prior year adjusted for changes in the cost ofliving and population except as otherwise specifically provided for in said Article; and ,....." WHEREAS Section 7910 of the Government Code provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following fiscal year pursuant to Article XIII B at a regularly scheduled meeting or a noticed special meeting and that fifteen days prior to such meeting, documentation used in the determination of the appropriations limit shall be available to the public; and WHEREAS Proposition 111 as approved by the voters of the State of California, requires a recorded vote of the City council regarding which of the annual adjustment factors . have been selected each year; and WHEREAS at the time of adoption of this resolution, data necessary to calculate the increase in the non-residential assessed valuation was not available from the County Assessor's ,....." AGENDA ITEM NO. PAGE_:LOF 4 ~ ~ office; and WHEREAS Section 7902(a) of the Government Code sets forth the method of determining the appropriations limit for each local jurisdiction for the 2004-05 fiscal year; and WHEREAS the City Council of the City of Lake Elsinore wishes to establish the appropriations limit for fiscal year 2004-05 for the City of Lake Elsinore. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore, California, as follows: Section 1: That it is hereby found and determined that the documentation used in the determination of the appropriations limit for the City of Lake Elsinore for fiscal year 2004-05 was available to the public in the Finance Department of said City at least fifteen days prior to this date. ~ Section 2: That the growth in California Per Capita Income and City Population were selected for the 2004-05 fiscal year. Section 3: That there may be a need to amend the inflation factor selected and adjust the appropriations limit once the non-residential assessed valuation data becomes available from the county Assessor's Office. Section 4: That the appropriations limit for the City of Lake Elsinore as established in accordance with Section 7902(a) of the California Government Code is $36,960,082. ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 28th day of September, 2004. /""'- AGENDA ITEM NO. Lf PAGE 5 OF fo Mayor of the City of Lake Elsinore ..., Attest: Vicki Kasad, City Clerk of the City of Lake Elsinore I, Vicki Kasad, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted by the City council of said City at its meeting held on the 28th day of September, 2004, by the following vote, to witness: Ayes: Noes: Absent: IN WITNESS HEREOF I have hereunto set my hand and affixed the official seal of the City of Lake Elsinore, California, this day of ..., Vicki Kasad, City Clerk of the City of Lake Elsinore ..., AQENDA ITEM NO. PAGE b OF y G ".-.... CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: RICHARD J. WATENPAUGH DATE: SEPTEMBER 28,2004 SUBJECT: STREET MAINTENANCE - SLURRY SEAL BACKGROUND This year, City Council adopted an aggressive street maintenance budget that included funding of our Pavement Management Plan. The plan includes an amount of $400,000 for preventive street maintenance that includes asphalt crack seal, minor asphalt R&R, and slurry seal application to our asphalt roadways. In order to accomplish the slurry seal portion of our Pavement Management Plan, staff solicited for bids to retain a contractor for the application of slurry seal. The sealed bid opening was held at City Hall on Wednesday, September 8, 2004, at 2:00 PM. The scope of work includes the application of Type 2 asphalt slurry seal, on asphalt road surfaces located within the City liI11its of Lake Elsinore. Staffwishes to retain a contractor for one year with a renewable contract not to exceed three years. ".-... DISCUSSION Slurry seal is a mixture of asphalt emulsion and fine aggregate applied to pavement as a preventive maintenance program. It delays weathering and cracking that will inevitably occur when asphalt is exposed to the elements. Slurry seal application helps to extend the life of asphalt pavements and helps to .reduce the cost of maintaining those pavements over the long haul. Streets to be slurry sealed are determined by reviewing data provided by the city's pavement management software coupled with evaluation and input from City Staff, City Council, and the Community. Streets scheduled for slurry seal application this year are as follows: CLASSIFICATION Major Major Major Major Major Major Major Major Major Major Major ".-... SECTION Auto Center Drive Collier Avenue Collier Avenue Graham Avenue Lakeshore Drive Lakeshore Drive Lakeshore Drive Mission Trail Railroad Canyon Lincoln Street Lincoln Street FROM Franklin Avenue Nichols Road Wasson Creek Lakeshore Drive Graham Avenue Main Street Machado Street Diamond Drive Grape Street North Lake Drive Terra Cotta Road TO Diamond Drive Hwy 74 Spring Street Main Street Chaney Street Diamond Drive Lake Street Malaga Road City Limit Line Grand Avenue North Lake Drive AQENDA ITEM NO. 5 PAGE-L-OF 75 FISCAL IMPACT Two contractors submitted bids for this year's slurry seal project. The bid results were as follows: ~ American Asphalt South, Inc. $ 219,923.48 Roy Allen Slurry Seal $ 232,540.02 Funding is available in the Streets Operation Budget account numberlOO-4421-434-20-20. RECOMMENDATION Staff recommends that the Mayor and City Council authorize the City Manager to execute a contract agreement with American Asphalt South, Inc. to provide slurry seal services as described in this report. DAVID c APPROVED FOR ~ & AGENDA LISTING: _ _ _ ~-1J, ~ ~y J. WATENP H, CI MANAGER ... PREPARED BY: S MANAGER APPROVED BY: ~ r ~ AQENDA tTEM NO. /" PAGE 2 OF {~ ~ ,- Contractors Reference Check Contractor American Asphalt South, Inc. Project Slurry Seal Reference County of Riverside . Name of Reference Contact Interviewed Bill Jackson Phone Number of Reference Interviewed 909-955-6779 Date of Interview 9/14 Reference Interview Question and Answers: What was the scope of work performed by the contractor? Slurry Seal and Cape Seal Projects ,- What was the total project cost? $560,797.86 Was contractor able to perform the contracted services in a timely fashion? Yes. Were there any change orders? Did you have any issues relating to these change orders? No. How well did the contractor interface and communicate with your staff? Very good. On a scale of 1 to 10 how would you rate the contactors overall performance with 10 being excellent? 7 ,-, AQENDA ITEM NO. PAGE 3 OF 5 ,5 Contractors Reference Check Contractor American Asphalt South, Inc. Project Slurry Seal Reference City of Murrieta Name of Reference Cont~ct Interviewed Mike Brooks Phone Number of Reference Interviewed 909-304-9273 Date of Interview 9/13 Reference Interview Question and Answers: What was the scope of work performed by the contractor? Citywide rubberized emulsion slurry seal What was the total project cost? $284,564.84 Was contractor able to perform the contracted services in a timely fashion? Yes. Were there any change orders? Did you have any issues relating to these change orders? No How well did the contractor interface and communicate with your staff? Very well. On a scale of 1 to 10 how would you rate the contactors overall performance with 10 being excellent? 10 A(~ENDA ITEM NO. PAGE L\- OF ,.." "'" "'" r .:> 7~' ,-... Contractors Reference Check Contractor American Asphalt South, Inc. Project Slurry Seal Reference City of Palm Springs . Name of Reference Contact Interviewed Pete Agres Phone Number of Reference Interviewed 760-323-8253 Date of Interview 9/13 Reference Interview Question and Answers: What was the scope of work performed by the contractor? Annual slurry seal What was the total project cost? $152,613.06 --- Was. contractor able to perform the contracted services in a timely fashion? Yes Were there any change orders? Did you have any issues relating to these change orders? No. How well did the contractor interface and communicate with your staff? Very Well. They have been very happy with them. Provides great service. On a scale of 1 to 10 how would you rate the contactors overall performance with 10 being excellent? 10 ,-... ~ M~ENDA ITEM NO. )~ PAGE_~oF__l . Contractors Reference Check Contractor American Asphalt South, Inc. '-" Proj ect Slurry Seal Reference City of Temecula . Name of Reference Contact Interviewed Avlin Odviar Phone Number of Reference Interviewed 909-694-6411 Date of Interview 9/1 0 Reference Interview Question and Answers: What was the scope of work performed by the contractor? Slurry Seal program 03-04 What was the total project cost? $560,140.63 '-' Was contractor able to perform the contracted services in a timely fashion? Yes Were there any change orders? Did you have any issues relating to these change orders? Yes. All changes were initiated by the City and everything went smooth. How well did the contractor interface and communicate with your staff? Good. More than one contact, but it worked out. On a scale of 1 to 10 how would you rate the contactors overall performance with 10 being excellent? 8 .....,." AGENDA ITEM NO. E: PACE ..,=J>~~ OF 7 5 "........ SPECIFICATIONS FOR FISCAL YEAR 2004/2005 STREET SLURRY SEAL PROJECT DID OrENING AUGUST 18, 2004 2.00rM BID OPENING EXTENDED TO SEPTEMBER 8, 2004 - 2:00 PM --- City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 (909) 674-5170 ~ 1 AGENDA ITEM NO. 5 PAGE~OF 7~ ~ TABLE OF CONTENTS NOTICE INVITING SEALED BIDS .. 3 SCOPE OF WORK . .. .. .. .. .. .. .. . . . 5 INSTRUCTIONS TO BIDDERS . 6 PROPOSAL. .... BID SCHEDULE SIGNATURE PAGE .. . BID BOND .. ., .... NON-COLLUSION AFFIDAVIT DESIGNATION OF SUB-CONTRACTORS . . . . . .11 . . . . 12 . . . .14 . . . . 16 . . . .18 . . . . 19 DECLARATION REGARDING LICENSE STATUS ... . . .. 20 LIST OF REFERENCES . . . . . 21 CONTRACT AGREEMENT . . . . 22 ~ BOND FORM - Faithful Performance.. BOND FORM - Labor and Materials .,. CONTRACTOR'S CERTIFICATE - Workman's Compensation .. . . 24 . . . .25 . . . .26 SPECIFICATIONS- Wage Rates and Labor Code Requirements ... . 27 Standard Specifications .... .... .... ....29 Special Provisions.... .... .... .... .... 30 APPENDIX A - Li sting of Proj ect Street s.......................................................... . 32 APPENDIX B - Project Vicinity Map . . .. .... .... .... ............. 3 4 ....." 2 ,/ AGENDA ITEM NO. ~ PAGE--L OF l~ ~ NOTICE INVITING BIDS PUBLIC NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Lake Elsinore for the construction of certain improvements in the City of Lake Elsinore, California referred to as: The work to be equipment, tools, Specifications and project. The general items of work to be done hereunder consist of application of slurry seal on existing asphalt roadways within the city limits of the City of Lake Elsinore. STREET SLURRY SEAL PROJECT done consists of furnishing all materials; ,labor and incidentals as required by the Contract Documents for the above stated Bids will be publicly opened, examined and declared in the City Hall Conference Room, 130 South Main Street, Lake Elsinore, California at the hour of 2:00 p.m. on September 8, 2004. Each bid shall be made on the proposal form furnished in the Specifications and enclosed in an envelope supplied by the bidder, bearing the ti tIe of the work and the name and address of the bidder. It is the sole responsibility of the bidder to ensure that his bid is received in proper time in the City Clerk's office at the address and time hereinabove set forth. Any bid received after the scheduled closing time for receipt of bids shall be ~ returned to the bidder unopened. The work is to be done in accordance with the plans and Specifications on file in the office of the Clerk of the City and said Plans and Specifications may be examined at the City of Lake Elsinore City Hall, 130 S. Main Street, Lake Elsinore, California. A bid security not less than ten percent (10%) of the total bid amount will be required with each bid and no bid will be considered unless such bid security is enclosed therein. Said security may be in the form of a bid bond, cashier's or certified check, payable to the City of Lake Elsinore. Said security shall be forfeited to said City in case the successful bidder depositing same does not sign and submit the documents as specified within ten (10) calendar days after written notice of award. The bid bond, cashier's or certified check of all bidders will be released within thirty (30) days after the date of the Award of Contract. Each bidder must be licensed in the State of California and qualified to perform the work described in the Plans, Specifications and Contract documents. The bidder shall have a Class A Contractors license or a combination of C-12 and C-32 licenses. ""' 3 AGENDA ITEM NO. ""', PAGE--3.... OF ~ 5-- I _ Bidders are hereby notified that, pursuant to the provisions of the California Labor Code, Section 1773, the City Council has ~ determined the general prevailing rate of per diem wages and th~ general prevailing rate for legal holiday and overtime work in the locality in which this work is to be performed for each craft~ classification, or type of workman needed to execute the Contract~ Said determination is on file with the City Clerk, and is available to any interested party upon request, and by this reference is hereby'made as' part of this Notice Inviting Bids. Plans, Specifications and all Contract documents may be obtained at the office of the Cormnuni ty Services Director for a non':" refundable charge of $30.00 plus an additional fee .of $5.00 for postage and handling if mailing is requested. The selected bidder will be required to furnish with the Contract a Faithful Performance Bond and Labor and Materials Bond, each in the amount of one-hundred percent (100%) of the aggregate amount of the bid. The selected bidder will also furnish a Certificate of Insurance evidencing all insurance coverage as required by the Specifications. Payments to the Contractor will be made by said City in accordance with the provisions of the Specifications, submitted in accordance therewith. All bids must be made in accordance with and as directed in the Specifications, and all bidders shall comply with State, Federal and local laws applicable thereto. ~ The City Council reserves the right to reject any or all bids, to waive any irregularities in a bid and to award the Contract as may best serve the interests of the City. All proposals are binding for a period of (30) days after they are opened' and may be retained by the City for examination and comparison. For technical information relating to the details of the proposed project and/or bidding requirements, please contact Bill PaYne in the Public Works Department of the City of Lake Elsinore. By Order of the California. the of Lake Elsinore, Da te: II-A l /6 LI Vicki City Clerk of the City of Lake Elsinore ~ 4 AQENDA ITEM NO.. 5'.. PAGE.J O~ OF51 S ~ Scope of Work 1. The general items of work to be done consists application of slurry on existing asphalt streets within the city limits of the City of Lake Elsinore. of the located 2. Provide and distribute door hanger notice to all residents in project area. Notice to be distributed 72 hours prior to start of work. . 3. Provide and install no parking signs in project area 72 hours prior to start of work. 4. Clean existing asphalt paving, as needed, with air blowers and sweepers. -- 5. Treat oil spots with oil sealant. 6. Immediately prior to applying the slurry seal, all pavement markers shall be masked, and all utility covers shall be protected with plastic or felt paper and a thin layer of 30~ mesh sand or by means approved by the City. To be removed at completion of slurry seal application. ,,-.... 7. Slurry seal will not be applied unless the pavement temperature is at least 60 degrees Fahrenheit. Also, slurry seal will not be applied if ambient temperature is above 100 degrees Fahrenheit. . 8. See special provisions page 30 and 31. ,--. 5 AQENDA ITEM NO. 5 ,,- "'- PAGE I \ OF '7 j INSTRUCTIONS TO BIDDERS BIDDERS KNOWLEDGE ~ Bidders must satisfy themselves by personal examination of the work site, Plans, Specifications, and other Contract documentsj and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall, at any time after submission of a proposal, make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the. satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Plans, Specifications, or other Contract documents shall be called to the attention of the Engineer and clarified prior to the submission of proposals. -- If any person contemplating submitting a bid for the proposed Contract is in doubt as to the true meaning of any part of the Plans, Specifications, or other Contract documents, he may submit to the Engineer a written request for the interpretation thereof, and the person submitting the request will be responsible for its prompt delivery. Any interpretation of the Contract documents will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of such documents. BIDDERS QUALIFICATIONS Bidders must be capable of performing the work bid upon. They may be required to supply a detailed statement covering experience on similar work, list of machinery, plants and other eqUipment which will be used on the proposed work, and such statements of their financial resources as may be deemed necessary. ~ No proposal will be accepted from a bidder who has not been licensed in accordance with the provisions of the State Business and Professions Code. PROPOSAL FORMS Bids shall be submitted in writing on the proposal forms provided by the Agency. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The Agency will not consider any proposal not meeting these requirements. For all work bid on a unit price basis, the Engineer's estimate of quantities shown on the proposal form ar~ understood to be approximate and will be used only for the purpose of comparing bids. For work bid on a lump sum price basis, any estimate of quantities provided is furnished for the convenience of bidders is ......, 6 AGENDA ITEM NO._ PAGE 1.2- OF /' s 75 ,-.. not guaranteed. When unit prices are indicated on the proposal form, the bidder shall indicate the unit price at which he proposes to perform each item of work, written legibly to ensure consideration. The unit price shall be stated in figures. For items where unit prices are required, the extended amount of each item shall be computed from the uni ty price bid on the proposal and quantity given in the estimate. In case of errors in computing the extended amount, the unit price will be assumed correct. Failure by the bidder to list unit prices shall be justification for rejection of the bid: Where lump sum is indicated on the proposal, the bidder shall indicate, under the column of extended amount, the lump sum price at which he proposes to perform the work described for that item. PROPOSAL GUARANTEE Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check, or bid bond, payable to the Agency in the amount not less than ten percent (10%) of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. If a bidder to whom a Contract is awarded . fails or refuses to furnish the required insurance policies and bonds as set forth in these documents, the proposal guarantee shall be forfeited to the Agency. The proposal guarantee of all bidders will be held until the successful bidder has properly executed all Contract documents. ~ SUBMISSION OF BIDS The envelope enclosing the proposal shall be sealed and addressed to the City Clerk, City of Lake Elsinore, 130 South Main Street; Lake Elsinore, California 92530. The envelope shall be plainly marked in the upper left-hand corner with the name and address of the bidder and bear the words, "PROPOSAL FOR", followed by the name of the project being bid and the date and hour of bid opening. The certified check, cashier's check or bid bond shall be enclosed in the same envelope with the proposal. Proposals may be mailed or delivered by messenger; however, it is the bidder's responsibility alone to ensure delivery of the proposal to the Agency's designated official prior to the time stipulated for bid opening in the Notice Inviting. Bids. Late proposals will not be considered. IRREGULAR PROPOSALS Unauthorized conditions, limitations or provisions attached to a proposal will render it irregular and may be cause for its rejection. The completed proposal fo~ shall be without interlineations, alterations, or erasures. ,-.. 7 AGENDA ITEM NO. ~:: PAGEE-OF] - Alternate proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modifications, or withdrawals will be considered. ~ Proposals may be rejected by the Agency for the following reasons: (a) If the proposal form furnished is not used or is altered. (b) If there are unauthorized additions, conditional or alternate bids or irregularities of any kind. (c) If the bidder adds any provisions reserving the right to accept or reject an award, or reserving the right to execute or not execute a contract pursuant to an award. (d) If the proposal is not properly signed by the bidder, whose address, telephone number, and California Contractors License number is shown. TAXES __ No mention shall be made in the proposal of sales tax, use tax, or any other tax as all amounts bid will be deemed and held to include any such taxes which may be applicable. LEGAL RESPONSIBILITIES All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same are expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions i provisions and requirements set forth, contemplated, and referred to in the Plans, Specifications, and other Contract documents, and shall agree to full compliance therewith. '-" CITY BUSINESS LICENSE The successful bidder and all subcontractors maintain, throughout the term of the Contract, Lake Elsinore business license. shall obtain and a current City of WITHDRAWAL OF PROPOSALS A proposal may be withdrawn by a written request signed by the bidder. Such requests shall be delivered to the City's designated official prior to the bid opening hour stipulated in the Notice Inviting Bids. The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so prior to bid opening. Proposals may not be withdrawn after bid opening without forfeiture of the proposal guarantee. ....." 8 /' AGENDA ITEM NO. ~ PAGE.-ri. OF 7 5 ,,- DISQUALIFICATION OF BIDDERS A bidder shall be considered disqualified for any of the following reasons: (a) Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name. (b) Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidde+s for any future work of the Agency until any such participating bidder has been reinstalled by the Agency as a qualified bidder. (c) Proposals in which any of the unit prices and/or lump sum prices obviously are unbalanced. A person, firm, or corporation may submit a sub-proposal to more than one bidder, or may submit sub-proposals in addition to submitting a proposal as bidder, without being disqualified. RELIEF OF BIDDER If the bidder claims a mistake was made in his proposal, the bidder shall give the Agency written notice within five (5) days after the date for submittal of proposals of the alleged mistake, specifying in the notice in detail how the mistake. occurred. Relief will be granted only for clerical errors and at Agency's discretion. AWARD OF CONTRACT The Award of Contract, if made, will be to the lowest responsive, ~ responsible bidder whose proposal complies with the requirements of the Contract documents. Within thirty (30) days after the bid submittal date, the Agency will act either to accept a bid proposal or to rej ect all proposals. The acceptance of a bid proposal will be evidenced by a Notice of Award of Contract in writing, delivered to the bidder whose proposal is accepted. No other act of the Agency shall necessarily constitute acceptance of a bid proposal. Agency reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a period of 30 days, all as may be required to provide for the best interests of the Agency. The Award of a Contract shall obligate the bidder whose proposal is accepted to furnish, in the amount of 100% of the total bid amount, a Faithful Performance Bond, a Material and Labor Bond and Certificates of Insurance as set forth in the Contract documents. The bidder may be required to submi t, prior to award of the Contract, a financial statement and list of previous work of a similar nature. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated. ~. 9 AGENDA ITEM NO. 5: -;7" , /7j PAGE ,..:> OF. -- EXECUTION OF CONTRACT The bidder to whom award is made shall execute a written Contract wi th the Agency and furni sh good and approved bonds and ......" Certificates of Insurance specified by the Agency within ten (10) calendar days after notification of award, unless an extension of time is granted to the bidder in writing. The Contract shall be made in the form adopted by the Agency, which includes the provision that no claim or suit whatsoever shall be made or brought by the Contractor against any officer, agent, or employee of the Agency for or on account of anything done or omitted to be done in connection with this Contract, nor shall any officer i agent or employee be liable hereunder. A corporation to which an award is made shall furnish a certified copy of the by-laws or resolution of the Board of Directors of the corporation showing the names of those individuals duly authorized to sign the Contract and bonds for the~Corporation. Failure of the bidder to whom the award is made to execute a Contract and file acceptable bonds and insurance certificates; within the time specified may be just cause for annulment of the award and the forfeiture of the proposal guarantee. No Contract shall be binding upon the Agency until the same has been approved by the Board, been satisfactorily executed by the Contractor, and executed by the Agency. INSURANCE REQUIREMENTS Before commencing any work under the Contract, the successful bidder must file with the Public Works Manager certificates indicating proof that insurance policies, as required in the Agreement J have been obtained. Such policies include Worker 's Compensation, Automobile Public Liability, and Public Liability. In the event that such policies should become inoperative at any time before the completion of the work, all work shall cease immediately until new policies are obtained, and any time so lost shall not entitle Contractor to any extension of time. '-' WORKER'S COMPENSATION CERTIFICATE A "Contractor's Certificate Regarding Worker's Compensation Insurance" in accordance with the provisions of Section 1860, 1861, and 3700 of the Labor Code, is included as a part of the Contract documents. The Contractor shall complete this certificate before commencing the performance of the work of this Contract. EQUAL OPPORTUNITY The bidder agrees to abide by the requirements under Executive Order No. 11246, as amended, including specifically the provisions of the Equal Opportunity Clause. ~ 10 AQENOA ITEM NO. !;;. /" PAGE (Co OF 7.:> --, TO ACCOMPANY BID SUBMITTAL STREET SLURRy SEAL PROJECT PROPOSAL Name of Bidder: Address of Bidder: To: City of Lake Elsinore, California The undersigned bidder, in accordance with the City's Notice Inviting Bids, hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above- stated project as set forth in the Plans, Specifications, and Contract documents therefore to perform all work in the manner and time prescribed therein. The attached Bid Schedule is hereby made a part of this proposal. The undersigned bidder declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other Contract documents. If this proposal is accepted for award, bidder agrees to enter into a Contract with the City at the unit and/or lump sum prices set ,..-.-. forth in the following bid schedule. Bidder understands that failure to enter into a Contract and furnish bonds in the manner and time prescribed will result in forfeiture to the City of the guarantee accompanying this proposal. The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder understands that the City Council reserves the right to accept or reject any or all proposals or to waive formality or technicality in any proposal in the interest of the Agency. ,..-.- 11 - ~ AGENDA ITEM NO. . {" PAGEJLOf_7 TO ACCOMPANY BID SUBMITTAL NAME OF BIDDER: ......." STREET SLURRY SEAL PROJECT BID SCHEDULE 1. Emulsion-Aggregate Slurry Seal, Type II QTY 2,473,830 Square Feet UNIT PRICE TOTAL COST ITEM DESCRIPTION -- Total amount of bid in words: Total amount of bid in numbers: $ NOTE: All work to be done in accordance with City of Lake Elsinore Ordinances, Standard Specifications for Public Works Construction, and City Engineer direction. All work is subject to inspection by City Inspector. All work to be completed wi thin twenty (20) working days. Any damage to existing curb, sidewalk or other improvements shall be repaired by the Contractor at no cost to the City. Any Contractor doing work in the City must have a City business license. ......." ......." 12 AQENDA ITEM NO. 5' 5' ~, PAGE I ( OF 7 "....... TO ACCOMPANY BID SUBMITTAL NAME OF BIDDER: The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any error or omissions on the part of the Undersigned in making up this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within ten (10) calendar days from the date of the Notice of Award of Contract by the City Council of the City of Lake Elsinore, the proceeds of the check or bond accompanying this bid shall become the property of the City of Lake Elsinore. The Undersigned bidder declares, under penalty of they are licensed to do business or act in the contractor within the State of California and validly licensed as follows: perjury, that capaci ty of a tha t they are License Number: Classification: Expiration Date: ~, This statement is true and correct and has the legal effect of an affidavit. "....... 13 ~ AGENDA ITEM NO. - · 7 ,/~ PAGE-Li..OF. ~ TO ACCOMPANY BID SUBMITTAL SIGNATURE PAGE ....., IF A SOLE OWNER OR SOLE CONTRACTOR, SIGN HERE: 1. Name under which business is conducted 2. Signature (Given and surname) of proprietor . 3. place of Business City and State (Street and Number) Zip Code 4. Telephone Number IF A PARTNERSHIP, SIGN HERE: 1. Name under which business is conducted 2. Name of each member of Partnership (indicate character of each partner, either general or special [limited]) ....., 3. Signature (Given and surname and character of partner. Note: Signature must be made by a general partner) 4. Place of Business City and State (Street and Number) Zip Code 5. Telephone Number ....., 14 AGENDA ITEM NO. PAGE :;l.Q OF S 7~r ".-..... TO ACCOMPANY BID SUBMITTAL IF A CORPORATION, SIGN HERE: 1. Name under which business is conducted 2. Name of each officer of corporation (indicate office) 3. Signature (Given and surname and title of officer authorized to sign for the Corporation) (Impress Corporate Seal here) 4. Incorporated under the laws of the State of ".-..... 5 . Place of Business City and State (Street and Number) Zip Code 6. Telephone Number ~ 15 :; AGENDA ITEM NO. · PAGE;)) OF 7~ TO ACCOMPANY BID SUBMITTAL CITY OF LAKE ELSINORE, CA BID BOND ~ KNOW ALL MEN BY THESE PRESENTS, That as PRINCIPAL, and as SURETY, are held and firmly bound unto the City of Lake Elsinore, Lake Elsinore, . California in the sum of TEN PERCENT (10%) of the total amount of the bid of said PRINCIPAL, to be paid to said Agency or its certain . attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly severally, firmly by these presents. In no case shall the .liabili ty of said SURETY hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, . said PRINCIPAL has submitted the above mentioned bid to the City of Lake Elsinore, California for certain construction referred to as: STREET SLURRY SEAL PROJECT NOW, THEREFORE, if the aforesaid PRINCIPAL is awarded the Contract and within the time and manner required under the Specifications shall duly enter into and execute a Contract for sucr construction and shall execute and deliver the Labor and Material~ and the Faithful Performance Bonds and other Contract documents described, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event suit is brought upon this bond by the Obligee and judgement is recovered, said SURETY shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, this ____ day of we here hereunto set our hands and seals on , 2004. BY: BY: Signature of Principal Signature of Surety Name and Title Name and Title Address Address ....., 16 AQENDA ITEM NO. 5' ./ PAGE;' 2- OF 7S ",.--. ~ ~ THIS BOND MUST BE NOTARIZED. ATTACH NOTARY CERTIFICATE HERE. 17 AGENDA ITEM NO. . S "', PAGE~ 3 OFt ~ TO ACCOMPANY BID SUBMITTAL CITY OF LAKE ELSINORE, CA NON-COLLUSION DECLARATION '""'" (Public Contract Code Section 7106) I, , do hereby declare that I am (Name) . of . , the (Title) (Contractor) the party making the foregoing bid for the construction referred to as: STREET SLURRY SEAL PROJECT and that the bid is not made in the interest of, or on behalf of, and undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly' colluded, conspired, connived, or agreed with. any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in th proposed Contract; that all statements contained in the bid are true~ and, further, that the bidder has not, directly or indireqtly, submi t t ed hi s or her bi d pr ice or any breakdown thereo f , or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. DATE PLACE SIGNATURE NAME '-' 18 AGENDA ITEM NO. S- PAGElloF 75'" ~ TO ACCOMPANY BID SUBMITTAL NAME OF CONTRACTOR: CITY OF LAKE ELSINORE DESIGNATION OF SUBCONTRACTORS In compliance with the provision of Section 4100-4113 of the of the State of California and any amendments thereto, undersigned certifies that he has used the sub-bids of following listed subcontractors in making up his bid for construction referred to as: Code the the the STREET SLURRY SEAL PROJECT and that the subcontractors listed will be used for work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provision of the Specifications. Bid Item Number Subcontractor Address/Telephone ~ Signature of Bidder Name Title ~ 19 AGENDA ITEM NO. PAGE ~S' OF $' 75 TO ACCOMPANY BID SUBMITTAL CITY OF LAKE ELSINORE DECLARATION REGARDING LICENSE STATUS ~ I do hereby declare that our/my Contractor's license is and expires on I declare under penalty of perjury that the foregoing is true and correct. Executed this day of , 2004. at , California. Signature Printed Name Title Signing on behalf of ,..., (if applicable) '-' 20 AGENDA ITEM NO. 5: PAGE ~ b OF 7 5'_ TO ACCOMPANY BID SUBMITTAL "....... NAME OF CONTRACTOR: LIST OF REFERENCES STREET SLURRY SEAL PROJECT The following are the names, addresses, and telephone numbers for three (3) public agencies for which BIDDER has performed similar work within the past two(2) years: 1. Name and Address of Owner Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed 2 . ;--.. Name and Address of Owner Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed- 3. Name and Address of Owner Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed ;--.. 21 ~ AGENDA ITEM NO. - " PAGE.2.1. OF _7.;;:, CITY OF LAKE ELSINORE CONTRACT AGREEMENT ....., This of Lake Elsinore and for the construction referred to as: Contract Agreement is made and entered into this day , 2004 by and between the City of as Contractor STREET SLURRY SEAL PROJECT WITNESSETH that the City of Lake Elsinore and the Contractor have mutually agreed as follows: ARTICLE I The Contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Proposal; General Specifications, .Plans, Special provisions and all referenced specifications, details, standard drawings, and appendices, together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits, and also including any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated" as may be required to ensure its completion in an acceptable manner. All of the provisions of said Contract documents are made a part hereof as though fully set forth herein. ARTICLE II For and in consideration of the paYments and agreements to be made and performed by the City of Lake Elsinore, Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract documents. ....., ARTICLE III Contractor agrees to receive and accept the prices set forth in the proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract documents and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. ARTICLE IV The City of Lake Elsinore hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do 22 ,..., ^,~ENDA ITEM NO. .5 " PAGE.3LOF 75 ~ the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the condi tions set forth in . the Contract documents. ARTICLE V Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions' of that code and certifies compliance with such provisions. ARTICLE VI Contractor agrees to indemnify and hold harmless the City of Lake Elsinore or its officers and agents from any claims, demands, or causes of action including related expenses attorney's fees, and costs based on, arising out of, or in any way related to the work undertaken by Contractor hereunder. ARTICLE VII Contractor affirms that the signatures, titles, and seals set forth herein after the. execution of this Contract Agreement" represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. IN WITNE$S WHEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do ~ hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in triplicate by setting hereunto their names, titles, hands, and seals this day of , 2004. Contractor: By: Title CA Lic.# Subscribed and sworn to this day of , 2004. NOTARY PUBLIC City of Lake Elsinore, By: , Mayor Attested City Clerk of the City of Lake Elsinore, Date ",....... 23 AGENDA ITEM NO. 5 P^GE_~ 1 . OF 7 5' CITY OF LAKE ELSINORE, CA FAITHFUL PERFORMANCE BOND "-' KNOW ALL MEN BY THESE PRESENTS that as Contractor and as Surety i are bound unto the City of Lake Elsinore, as Agency, in the penal sum of Dollars ($ (100%) of the ), which total Contract amount for: . is one hundred percent STREET SLURRY SEAL PROJECT for the payment of which sum the Contractor and Surety agree to be bound, jointly and severely, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas Contractor has been awarded and is about to enter into the annexed Contract Agreement with the Agency for the above stated project; if Contractor faithfully performs and fulfills all obligations under the Contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the Agency; provided that any alterations in the obligations or time for completion made pursuant to the terms of the Contract documents shall not in any way release either Contractor or Surety, and notice of such alterations is hereby waived by Surety. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of 20 "-' *Contractor *Surety *provide Contractor/Surety name, address, and telephone number and the name, title, address, and telephone number for authorized representative. Subscribed and sworn to this day of I 2004. NOTARY PUBLIC "-' 24 AQENDA ITEM NO. _ S- "/" PAGE 3D OF__7':::>- ~ CITY OF LAKE ELSINORE MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS that Contractor, and , held and firmly bound unto the City of Lake Elsinore, the penal sum of ($ ), which is one hundred percent total Contract amount for: STREET SLURRY SEAL PROJECT for paYment of which sum, Contractor and Surety agree to be bound jointly and severally, firmly by these presents. ., as as Surety, are as Agency, in Dollars (100%) of the ~ THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas Contractor has been awarded and is about to enter into the annexed Contract Agreement with the Agency for the above-stated project, if Contractor or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said Contract or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, Surety will pay for the same in an amount now exceeding the sum set "forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the Contract documents shall not in any way release either Contractor or Surety, and notice of said alterations is hereby waived by Surety. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands and seals this day of 20_ *Contractor *Surety *provide Contractor/Surety name, address, and telephone number and the name, title, address, and telephone number for authorized representative. Subscribed and sworn to this day of , 2004. NOTARY PUBLIC ~ 25 AGENDA ITEM NO. 5' PAGE..lL OF j ~ CITY OF LAKE ELSINORE CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION INSURANCE ~ Section 3700 of the Labor Code provides in part as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: A) B) By being insured against liability to pay compensation . By securing from the Director of Industrial Relations a certificate of consent to self-insure/ which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees. ..n The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code/ and will comply with such provisions before commencing the performance of the work of this Contract. SIGNATURE DATE PRINTED NAME TITLE ,...., COMPANY ADDRESS (In accordance with Article 5, commencing at Section 1860/ Chapter 1/ Part 7, Division 2 of the Labor Code, the above Certificate must be signed by the Contractor and filed with the awarding body prior to the Contractor performing any work under this Contract.) ....." 26 ,,-' ..::; AGENDA ITEM NO.. / PAGE 3~OF Ib ~ SPECIFICATIONS - Wage Rates and Labor Code Requirements WAGE RATES By Resolution No. 82-194 the City Council adopted the general prevailing rate of per diem wages as determined and published by the State Director of the Department of Industrial Relations, pursuant to Sections 1770, 1773 and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk and are available for review upon request. . Attention is directed to the provisions of Sections 1774; 1775, 1776, 1777.5 and 1777.6 of the State Labor Coqe. Sections 1774 and 1775 require the Contractor and all Subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the Contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all Subcontractors to keep accurate payroll records, specifying the contents thereof, their inspection and duplication procedures; and certain notices required of the Contractor pertaining to their location. ~ APPRENTICES Section 177.5 requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeYmen to be used in the performance of the Contract. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeYmen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. COMPLIANCE ~ The above Labor Code Sections will be a part of the Contract documents. It shall be the responsibility of the prime Contractor to comply with all such sections. CLAYTON ACT AND CARTWRIGHT ACT - Section 4551 of the State Government Code specified that in executing a public works Contract with the City to supply goods, services or materials, the ~ 27 AGENDA ITEM NO. 5: __ PAGE.23_0F 7!J Contractor or Subcontractor offers and agrees to assign to the Agency all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.; ~ Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the Contract or Subcontract. This assignment shall become effective when the Agency tenders final paYment to the Contractor without further acknowledgment by the parties. . . COPELAND "ANTI-KICK BACK" ACT All contracts for construction or repair shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction; completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The participant shall report all suspected or reported violation to the State. CLEAN AIR ACT OF 1970 & FEDERAL WATER POLLUTION - Control Act Contracts of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, order, or regulations issued pursuant to the Clean Air Act of 1970 and the Federal Water Pollution Control Act as amended. Violations shall be reported to the Service and Regional Office of the Environmental Protection Agency. ......, ~ 28 .- AGENDA ITEM NO; .s ~ PAGE.3!:i- OF 1 ~ /""' SPECIFICATIONS - Standard Specifications The Standard Specifications of the City of Lake Elsinore are contained in the 1997 Edition of the Standard Specifications for Public Works Construction, including all supplements, as written and promulgated by the joint Cooperative Committee of the Southern California Chapter of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher at the following address: . BUILDING NEWS, INCORPORATED, 3055 3055 Overland Avenue Los Angeles, California 90034 . Phone: (213) 202-7775 or may be ordered by mail f~om: BNI PUBLICATIONS P.O. Box 3031 Terminal Annex Los Angeles, CA 90051 The Standard Specifications set forth above will control the General Provisions, Construction Materials and Construction Methods for this Contract except as amended by the plans, special provisions, technical specifications or other Contract documents. ,,--. ,,-- 29 AGENDA ITEM NO._ Ss- PAGE'?)" OF _I ~_. SPECIFICATIONS - Special provisions The following special provisions are supplementary and in addition ~ to the provisions of the Standard Specifications. Prior to issuing the Notice to Proceed, the Public Services Manager will schedule a pre-construction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. The Contractor shall notify the Public Works Manager forty-eight (48) hours in advance of the time and date that each phase of work will begin on this project. The Contractor shall also_ give forth-eight (48) hours advance notice when he will require the services of or assistance from the City to layout any portion of the work. The Contractor shall begin work within five (5) working days after the date a Notice to Proceed or work order is issued to the Contractor. The Contractor shall complete all work under this Contract within twenty (20) working days. Special note is to be taken that at no time shall the period of time that local or through traffic is prevented from using any street exceed twenty-four (24) hours. Contractor's failure to comply with the specified time limits may be cause for termination of the Contract by the City. ~ The Contractor shall submit progress reports to the Public Works Manager once a week. The report shall include an updated construction schedule and any deviations from the original schedule shall be explained. It shall also include Certified Payroll Statements and lien releases from all subco~tractors and suppliers. Progress paYments will be withheld pending receipt of any outstanding reports. The Contractor's activities shall be confined to the hours between 6:30 a.m. and 5:30 p.m., Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without prior consent of the Public Works Manager, except in the case of an emergency. Fees for inspection service beyond the normal working day will be calculated at overtime rates including benefits, overhead, and travel time. The inspection'service fees for overtime work requested by Contractor mIl be deducted from any amounts due the Contractor. ~ 30 AGENDA ITEM NO. c:;- PAGE 36 OF 15 The liability insurance coverage values are hereby amended to be: Insurance Coverage Requirements Limit Requirements ,-.... Comprehensive General Liability Comprehensive Automobile Liability Contractual Liability $ 1,000,000 $ 1,000,000 $ 1,000,000 Prior to the start of any work, the Contractor shall obtain ali applicable City permits and make arrangements for City inspections. The City will issue encroachment permits at no charge to the Contractor. The Contractor and all subcontractors shall obtain and pay the cost of a City business license. The Contractor shall notify the occupants of all affected properties at least seventy-two (72) hours prior to any temporary obstruction of access. .The method of notification shall be approved by the Public Works Manager prior to use by the Contractor. Vehicular access to property line shall be maintained except when construction operations preclude such access for a reasonable period of time. No over-night closure of any driveway will be allowed except as permitted by the Public Works Manager. Contractor shall contact trash service provider to ensure that no street is scheduled for work on a day tract is scheduled for trash .-. service. Contractor shall contact the Lake Elsinore School District to insure that access is provided for bus and auto traffic for all schools impacted by the project. Contractor must coordinate work with the postal service to insure that mail can be delivered in the project area. The City also wishes to retain the contractor to provide slurry seal application for a one year period, commencing the date of th~ signed contract, to provide slurry seal application on an as needed basis and as the budget allows. It is understood that additional projects over and above the original slurry seal project bid, will be performed at the unit prices set forth in this contract for a one year period. It is also understood that for additional projects less than 400,000 square feet, the contractor may negotiate extra expenses incurred due to the smaller quantity. .-. 31 -- ~ AGENDA ITEM NO. /" PAGE 27 OF 7::;- ...." APPENDIX A - Listing of Project Streets ~ ~ 32 S' AQENDA ITEM NO. ~ PAGE Jt" OF rJ ~~ FISCAL YEAR 2004/2005 ,-.... LISTING OF PROJECT STREETS FOR SLURRY SEAL WORK CLASSIFICATION SECTION Major Auto Center Drive Major Collier Avenue Major Collier Avenue Major Graham Avenue Major Lakeshore Drive Major Lakeshore Drive Major Lakeshore Drive Major Mission Trail Major Railroad Canyon Major Lincoln Street Major Lincoln Street ".--.. ".-- FROM Franklin Avenue Nichols Road Wasson Creek Lakeshore Drive Graham Avenue Main Street Machado Street Diamond Drive Grape Street North Lake Drive Terra Cotta Road TO Diamond Drive Hwy74 Spring Street Main Street Chaney Street Diamond Drive Lake Street Malaga Road City Limit Line Grand Avenue North Lake Drive SQUARE FEET 144,130 .184,485 119,690 209,385 51,000 333,240 356,675 193,540 679,805 93,880 .108,000 total 2,473,830 ./ AGENDA ITEM NO. -..S PAGE..J1... OF 7,< ....., APPENDIX B - Project Vicinity Map ...., ...., 34 :.-- AQENDA ITEM NO. 2> PAGE ~O OF 15 r.., -" \ j 'I ~_.~.-- '.-... ~., SLURRY SEAL PROJECT ~ Slurry Seal /"-V Interstate 15 /""''v/ Highway 74 ~ City Limits ~ Prepared By: City of Lake Els/n~ EDIT DIvIsion July 20, 2_ DBt. Sourees: _,./de County GIS city of Lake ElsfnOlO GIS S1atf>plano N_3 :W+E s City Of Lake Elsinore 130 S. Main Sl Lake Elsinore, CA 92530 (909) 674-3124 www.lake-elsinore.org A(iiENDA ITEM NO. S PAGE Y I OF 1 BID FROM AMERICAN ASPHALT INC. ,/ AGENDA ITEM NO. 5 PAGE.:Lb.. OF 7 < ....." "'wIll ...." ~ TO ACCOMPANY BID SUBMITTAL ~ STREET SLURRY SEAL PROJECT PROPOSAL Name of Bidder: ,1~/CaA ~fJ,k// S~/.( Hi: , . - Address of Bidder:/~&/ !i?A?6 /YJt1 ~ ,.4"'h1~ c~ j?/.:J'.J'? To: City of Lake Elsinore, California The undersigned bidder, in accordance with the City's Notice Inviting Bids, hereby proposes to furnish all materials; equipment, tools, labor, and incidentals required for the above~ stated project as set forth in the Plans,. Specifications, and Contract documents therefore to perform all work in the manner and time prescribed therein. The attached Bid Schedule is hereby made a part of this proposal. . The undersigned bidder declares that this proposal is based upon careful examination of the work site, Plans, Specifications; Instructions to Bidders, and all other Contract documents. If this proposal is accepted for award, bidder agrees to enter into a Contract with the City at the unit and/or lump sum prices set forth in the following bid schedule. Bidder understands that ~ 'failure to enter into a Contract and furnish bonds in the manner and time prescribed will result in forfeiture to the City of the guarantee accompanying this proposal. The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. . The undersigned bidder understands that the City Council reserve$ the right to accept or reject any or all proposals or to waive formality or technicality in any proposal in the interest of the Agency. ,........ 11 A~ENDA ITEM NO. :::_ PAGE..:::J.1.. OF 7 ~ TO ACCOMPANY BID SUBMITTAL /~rKaA ~~i4// ~4 f~. , ~ NAME OF BIDDER: . STREET SLURRY SEAL PROJECT BID SCHEDULE 1. Emulsion-Aggregate Slurry Seal, Type II 2,473,830 A.'~009 Square Feet UfL...OO TOTAL COST ~. . ~ /t 7''/.i:-1/9 ITEM DESCRIPTION QTY UNIT PRICE . Total amount of bid in words: ~ .It111dn-r:I ~/ilI!41? ~t?~ Q,,;Jle /t;AtIr~ ke~ - :/.Irt'e 064rs dM ~rf ..~// c~,,/s Total amount of bid in numbers: $ ;1/? ,?,t.?- f/tf' NOTE: All work to be done in accordance wi th Ci ty of Lake Elsinore Ordinances, Standard Specifications for Public Works Construction, and City Engineer direction. All work is subject to inspection by City Inspector. All work to be completed wi thin twenty (20) working days. Any damage to existing curb, sidewalk or other improvements shall be repaired by the Contractor at nQ cost to the City. Any Contractor doing work in the City must have ~ a City business license. 12 ~ AGENDA ITEM NO. 5" ,- PAGEllOF7 ~ ,..... TO ACCOMPANY BID SUBMITTAL NAME OF BIDDER: '/hriCtJYJ ~.iJ# -.!U~ ~C. The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any error or omissions on the part of the Undersigned in making up this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within ten (10) calendar days from the date of the Notice of Award of Contract by the City Council of the City of Lake Elsinore, the proceeds of the check or bond accompanying this bid shall become the property of the City of Lake Elsinore. The Undersigned bidder declares, under penalty of they are licensed to do business or act in the contractor within the State of California and validly licensed as follows: perjury, that capaci ty of a tha t they are License Number: 19~?/9 ~ ~)'~AG/ Classification: Expiration Date: This statement is true and correct and has the legal effect of an ,-~ affidavit. ,-... 13 S AGENDA ITEM NO. __ II (" OF 7 ~ _ PAGE -, ...J _ - TO ACCOMPANY BID SUBMITTAL SIGNATURE PAGE ......, IF A SOLE OWNER OR SOLE CONTRACTOR, SIGN HERE: 1. Name under which business is conducted 2. Signature (Given and surname) of proprietor 3. Place of Business (Street and Number) Zip Code City and State 4. Telephone Number IF A PARTNERSHIP, SIGN HEREl 1. Name under which business is conducted 2. Name of each member of Partnership (indicate character of each partner, either general or special [limited]) ......, 3. Signature (Given and surname and character of partner. Note: Signature must be made by a general partner) 4. Place of Business (Street and Number) zip Code City and State 5. Telephone Number 14 5~ AGENDA ITEM NO.. __' PAGE~OF_7~ ,,-. ,,-. ,,-. TO ACCOMPANY BID SUBMITTAL 2. Name of each officer of corporation (indicate office) D" Jl"cb/IJJ? - 4"A(.,,/ Jeff ~- ~~ ,.4"/,b,,/ ~~ fAJ"t' - Jt!t"""rq ./ ~, "j(),rrtf* - ~... 3. Signature (Given and surname and title of officer authorized to sign for the Corporation) ~~ ~",J, s7f1"t! /~~ 4. (Impress Corporate Seal here) ~4?G-JI) ;:, /PP5/ ~J??I ~ h,,(/~ ~ . L Jt (Street and Number) O~Jh:?'" ~~?"l/'/'1~ r.,f' Zip Code /~.?.;i7"" ~e/ ;/,7,,1',17/ Incorporated under the laws of the State of 5. Place of Business City and State 6. Telephone Number 15 ,...... A~EN::~~'OF =7 5: TO ACCOMPANY BID SUBMIT~AL CITY OF LAKE ELSINORE, CA BID BOND ......, KNOW ALL MEN BY THESE PRESENTS, That American Asphalt South Inc. , as PRINC1PAL, and International Fidelitll Insurance Company as SURETY, are held and firmly bound unto the City of Lake Elsinore, Lake Elsinore, California in the sum of TEN PERCENT (10%) of the total amount of the bid of said PRINCIPAL; to be paid to said Agency or its certain ' attorney, its Successors and assigns; for which payment, well' and truly to be made, we bind ourselves, our heirs, executors and administrators, SucceSSOrS or assigns, jointly severally, firmly by these presents. In no case shall the liability of said SURETY hereunder exceed the sum of $ Ten Percent Of Amount Bid (10% of Amount Bid) . , THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, 'said PRINCIPAL has submitted the above mentioned bid to the City of ,Lake Elsinore, California for certain construction referred to as: STREET SLURRY SEAL PROJEC~ NOW, THEREFORE, if the aforesaid PRINC!PAL is awarded the Contract and wi thin the time and manner . required' under' the Specifications shall duly enter into and execute a Contract for such construction and shall execute and deliver the Labor and Material, and the Faithful Performance Bonds and other Contract documents ......, described, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event suit is brought upon this bond by the Obligee and judgement is recovered, said SURETY shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF I we this 2nd_day of September BY; ~~ Principal ~ MAt!# /St't""",...~ Name and Title ../ 14436 Santa Ana Avenue Fontana, CA 92337 Address here hereunto set our hands and seals on , 2004. BY: mes B. Shea - Attorney In Fact Wame and Title 1575 Treat Blvd., ~uite 208 Walnut Creek, CA 94596 Address 16 ......, AGENDA ITEM NO. :; ./ PAGE~ OF J ~ Tel (973)624-7200 POWER OF ATTORNEl~ INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 ~ FOR BID BONDIRIDER/CONSENTS/AFFIDA VITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELI1Y INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint R.A. BASS, JAMES B. SHEA, THERESE A. MCNULTY, JOHN J. CASEY San Francisco, CA. iL~ true and lawful attorne)'(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory In the nature thereof, which are or may be allowed, required or pennitted by law, statute, rulel.regulation, COntract or otherwise, and the execution of such instrumenl(s) in pursuance of these presents, shall be as bindJDg upon the said INTERNATIONAL FIDEUTY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Anorney is executed, and may be revokedJ.pursuant to and by authority of Article 3-Section 3, of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANC.r- COMPANY at a meeting called and held on the 7th day of February, T974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority II) To appoint Attorneys-in-fact, and to authorize them to execUte on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day 01 April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or an)' certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile SIgnatures or facsimile seal shall be valid and bindmg uJlOn the Company and any such power so executed. and certified by facsimile signatures and facsimile seal Shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. /"'" IN TESTIMONY WHEREOF, INTERNATIONAL FIDEUTY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 31st day of AugUst, A.D. 1998. STATE OF NEW JERSEY County of Essex On this 31st day of August 1998, before me came the individual who executed the-preceding instrument. ~I!!C personaDv ~.~.and, being by me duly sworn. said the he IS the therein descn'bed and authorized officer of the INTERNATIONAL FIDEUTY INSURANCE COMPAJ'4 r; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal. arthe City of Newark, New Jersey the day and year first above written. ~"~ CERTIFICATION I, the undersigned officer of INTERNATIONAL F1DEUTY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY. and that the same are correct transcripts thereof. and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect ~ "ESTIMONY WHEREOF, I have hereunto set my hand this 2nd A NOTARY PUBLIC OF NEW JERSEY My COmmission Expires Nov. 21,2005 day of September, 2004 ~;;f! ~~. ~ AsSistant Secretary 7 ~ PAGE.:f..l OF ,_ OnBeptember 2" 2004, before me i- _,. : - - .t: " 'Oal<t personally'.appeared PlIlC$ Notary 'SUI AbovIt NarIle(s) QI' $igner(s) f21pe(Sonallykl'lownto me o proved to 1ll60n the basis' of $atisfacto,.y evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/herltheir authorized capacity(ies). and that by his/herltheir signature(s) on the instrument the pe ).orthe entity upon behalf of which the ~ n(s) cted, exec ted the instrument. "-" OP Thoughth*, infQrmation below 1$ not requiredl:1ylaW, . it may prove valufjl:1le to petsons relying Of) th" ,di)r; and COUld prevent fraudulentremovaland reaftachm*,rJl of this form to another c1Ocument. Number of Pages: 2 De$eriptlonofAttach~d Document Title or Type of Document: Bid Bond Document Date: September 2, 2004 Signer(s) Other Than Named Above: Capacity(ias)Ctalmed by Signet Signer's Name; James B. Shea o Individual o Corporate Officer - Trtle(s): o Pal1ner ~ 0 limited 0 General Qg AttomeYin Fact o Trustee [J Guardian or Conservator [J Other: RIGHT THUMBPRINT c~ $JGNER lop ot thumb heftl, Signer Is Representing: International Fidelity .Insurance Company .,.. :j<, . ~~~=."...r^"""""~.,...".,.,"""'r"...,,..~'''''''''~--'''~'''''''''' J<;;,,:,, . '" ,~""",,,,,,,,,,,,,,,""",,,,*,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,B'V"""""""""''''''''''''''~''''''''''''''''"'''''''''''''''''''''''''''''''~~''''''C, . ,.. .:.. "..", IlGonler. Call ToI-FflMl, I >800-87lHi827 ~ AGENDA iTEM NO. .-/ - PAGE.-S-O OF~l ~ - Prod. No. 5907 01999 Nll_ NoWy ~'9350 De Sd<>A..... P.O. IlOlr 2401! .~. CA 91313-2401!' _._ry~ ,-... ,,-- ,-... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ;sc"'~ . .....~~~..(lX~-c...~~~ - ..~""~.....~~,...~:- ," .c-*<:"...~.....~c{"...~ ~..~ ~. ~ ~ ~ ~ ~ g !'i; :tI ~ B @ ~ g ~ f.2 g ~ ~ <l ~ :~ ~1 (') ~ ~ i~ ~.( g g ~ '?l ~ :.>) I g g (j ~ n n g ~ r..' ~ g n R ~ h g g \'i n ~ g (j ,~ ~>{ .() g ~ ';~~"~;':::!:..:....""~';;'''''':=.<;-<;.':':''~-v~~.,.,..<';'''''''''''''':....'9,;~";~":,,,:..,...(,:..,,,,,~-:~,,+;,,,,,,,,:::,"~:,.......;.,,......;..;.;..~~;."<...;.<.,-..,.;.<..;......,.:<.:.......~<;~...;<;~"':,... :.:........_.:.:; _~.... ."/,..;..:.:........~~......::Z.....~.........;.<.:......~-q........~.....,.;(.,"':'::".:,'. ~ ~ ~, ~ tJ .~, d B ;~ )~ ~ ~ '~:! , <. :~j State of California }ss County of &.--, &r"//o/ "/'/7~ On /1/9 ~tj , / Date personally appeared Av/~ / . Name(s) of Signerls) sA:, /? (" jr'personally known to me o proved to me on the basis of satisfactory evidence }".A..A.A.A.A.A-"',.A.A.A.A.A.A( @ R1C.HAAD ENTRIKIN ~ ....... COMM. #1309120 ~ . . NOTARY PUBI.JCCAUFORNIA LOS ANGElES COUNTY J v"V~"V-v~'::~~~~v ~. to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorjzed capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. ~~. Signature of Notary Public OPTiONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of~ages: Signer(s) other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: Cl1999 National NOlary Association. 9350 De SOtoAve.. P.O. Bex 2402. Charswonh. CA 91313-2402. www.nadona!notary.org Prod. No. S907 Reord!!r. Call ToP.Free 1..aDO..a76~827 ~ AGENDA ITEM NO. ~ PAGESL-OF I THIS BOND MUST BE NOTARIZED. A'1'TACBNOTAR-y C:ERTIFICATEB:ERE. "" "" 17 '-' b AGENDA ITEM NO. .. ./ PAGE ~~OF .7-s TO ACCOMPANY BID SUBMITTAL "...... CITY OF LAKE ELSINORE, CA NON-COLLUSION DECLARATION I, (Public Contract Code Section 7106) !V~ S/t;"e ./ C (Naxye) ~eCl?nI'1' (Ti e1"e) party making the foregoing bid for , do hereby declare that I am of ~r/bln ~/,h,/l ~ ~ . (Contractor) the construction referred : , the the as: to STREET SLURRY SEAL PROJECT and that the bid is not made in the interest of, or on behalf of, and undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, pr agreed with. any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the -- public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indire~tly, submi t ted his or her bid price or any breakdown thereof, or. the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I DECLARE UNDER PENALTY OF OF CALIFORNIA THAT THE FOREGOING 5e#",/w /~4 /a:J~ , ... DATE PERJURY UNDER THE LAWS IS TRUE AND CORRECT. ~~KIt ~~~H.,q . PLACE OF THE STATE ~~~ i 9~ S7JY)~ / Jt!rY'l'~"'1/ .; NAME ../ -- 18 AGENDA ITEM NO. S , PAGE S30F 75 TO ACCOMPANY BID SUBMITTAL NAME OF CONTRACTOR: 4riC/M 4rJl,4// StJth( Ur. , ~ CITY OF LAKE ELSINORE DESIGNATION OF SUBCONTRACTORS In compliance with the provision of Section 4100-4113 of the of the State of California and any amendments thereto, undersigned certifies that he has used the sub-bids of following listed subcontractors in making up his bid for construction referred to as: Code the the the STREET SLURRY SEAL PROJECT and that the subcontractors listed will be used for work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provision of the Specifications. Bid Item Number Subcontractor Address/Telephone '-' ~~. Signature of Lvn 571l'1e ./ Bidder Name ~ . 'Title 19 "'-' AGENDA ITEM NO..5" s' PAGE.2i OF 7 TO ACCOMPANY BID SUBMITTAL ~ CITY OF LAKE ELSINORE DECLARATION REGARDING LICENSE STATUS I do hereby declare that our/my Contractor's license 1S ~~?d'? and expires on c1Mf;~tf'- I declare under penalty of perjury that the foregoing is true and correct. Executed this ~~~9 ::?~ day of .5l?/~k~ . I 2004. at I California. Sign~ture' ~~- Printed Name Lvk J~dt' - 5<<r4" Title -- Signing on behalf of (if applicable) r- 20 AQENDA ITEM NO. ~ PAGE_S~OF 1b TO ACCOMPANY BID SUBMITTAL NAME OF CONTRACTOR: bet" rq..? A-~jq 1/ Jdd/,( fAt; , ~ '"-'" LIST OF REFERENCES STREET SLURRY SEAL PROJECT The following are the names, addresses, and telephone numbers fot three (3) public agencies for which BIDDER has performed similar work within the past.two(2) years: 1. .;ee ~/r4c 'eel L/sr Name and Address of OWner Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed 2 . Name and Address of Owner '"-'" Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed. 3. Name and Address of Owner Name and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Completed 21 '"-'" ~ AGENDA ITEM NO. ..--rJ ~- PAGE 51 OF~ ~ c w ... W ..J..... ..... ..... ..... ..... N ..... N N N N 0.0 0 0 0 0 0 0 0 0 0 0 :ii..,!. .!.. .!.. .!.. .!.. ~ .!.. ~ I ..L >- o ~ Q) Q) Q) Q) Q) ..c ";:: u lU .0 .0 .0 .0 lU .0 as .... c.. ~ t>> 0 E E E ::J E ::J lU 4: ::J ... C C ~ W4: u Q) Q) Q) as Q) as t- O > > > . > . ct 0 0 0 0 C Z Z Z Z -- .--.- t- Z ::)N 0""': :ii~ ct "<t~ D::..... :3~ ..J~ o C ?- m :i w o z w a:: w u. w a:: ...J ~ (/) >- 0:: 0:: ::> ...J (/) 0> M M ~ <<> M M W(/) :Ez ctQ Z(/) t-5 0- wO .0 04: <<ON o.o:::;! M (/)W ~It) <<:::t. 0<0 ~~ "-Qo .-...J...J Om...J <!::>o t-o..o:: ~~O oze> )::)0 000 zoO:: W "4: e><(Q ct...iO:: M ~ N eo <<t eo M M ~ .... o W . o 0:: 0.. ...J <( W (/) >- 0:: 0:: :) ...J (/) <( W 0:: <( t- o:: W (/) W o .... (/) 4: w ..- M M 0> o'!' ZM - 0> 0........ 0::0> <(g z...... o::N WW mQ z~ <(z Cl)w LLm Oz 04: o~- o t-: o M <".!. "<t 0> N ~ I- o w . o 0:: 0.. ...J 4: w (/) >- 0:: 0:: ::> ...J (/) <( w 0:: <( I- 0:: w (/) w o I I- 0:: o Z ..- M M 0> o'!' ZM - 0> 0........ 0::0> <(g Z...... o::N WW mQ Z~ 4:z (/)w LLm Oz "<( 0> 0_ M eo "<t C\!. It) "<t N ~ ........ N o o N I ..- o o ~ ...J <( W (/) & 0:: ::> ...J CI) W o ~ 0<<> ...,. N ~ ..... M 0> - 0> o e o O...J z!H :)LL 0.. I :)~ LLD:: 00 ~m _0 om o t"! t- <<> ~ t- ~ ~ I- o W . o 0:: 0.. ...J <( W (/) & 0:: ::> ...J (/) <( w 0:: <( >- W ...J ...J ~ 0:: o I- o 5 ..... M M 0> o'!' ZM - 0> 0- 0::0> 4:g Z...... o::N WW mQ Z~ 4:z Cl)w LLm Oz o~ 0_ <<> <<! "<t 0> at o t- ..- ~ .... o w . o 0:: 0.. ...J 4: w (/) >- 0:: 0:: ::> ...J (/) 4: W 0:: 4: >- W ...J ...J ~ ..... M M 0> O'!' ZM - 0> 0- 0::0> <(g z- o::N WW mQ z~ <(Z (/)w LLm Oz o~ 0_ o ot <<> It) C'i It) N ~ I- o W . o 0:: 0.. ...J <( W (/) >- 0:: 0:: :) ...J (/) W o ~ ~ <3 N o o N . ..- o o N 0> N N ~ W 0::"- W..... t-~ (/). Z~ -eo ~........ 1-"'" (/)..... wt;, ~z LLU) Oz ~5 _W o~ ..... <<! o M <".!. "<t eo 0> ~ N o . ..... o o N (/) t- W W 0:: l- (/) (/) :) o D:: ~ LL o ...J 4: W (/) >- 0:: 0:: ::> ...J CI) t- M eo t- ~ . <<> It) W~ e>t: Z- <(N o::W 0:) LLW 00.. ~z z~ :)0:: ow OI t- ""': N t- C!. N M ..... ~ o in ...J 4: W (/) >- 0:: 0:: 3M (/)~ 0..... zg <(N 0:: " _0 4:Z 0.. W 0:: .... W W 0:: l- (/) N o I ..... 00 Oeo N"<t N o N t- ICO' o~ 4:...... wO mO:: <(0:: ZW :)a ON (/)W LLO:: 00 ~b _W OI o eo (") It) 0_ eo o N ~ ...J <(...... w- (/)x >-W o::(/) 0::4: ::>I ...Jo.. ...J- CI)(/) >-Z mQ z~ Qo ~g !::(/) ::::!:) mo 4:- I 0:: ~~ t-I- z<( wO ~O WI >1- <(w o..~ <<> <<> 0U; z,J. - eo OM 0::- 4:0> zg 0::...... wLL m~ zO <($ CI)...J LLW 04: ~6 <3:E M M ...,. N t- r--: <<> 0> ~ e> z 0:: n: I- CI) W 0:: ~ ...J 4: w CI) 0:: w m m ::> 0:: CI) <( W 0:: 4: 4: :Et- <(0 O::w O. zO <(0:: 0..0.. ~~ _M 00 I ...Jo <(t- o::~ 00 w(O It;, I-~ <(0 04: LL' 0>- ~~ -W O. ,/ AGENDA ITEM NO. ::> " PAGE S:J OF -~ ~ . c w ....." ... W ...I N N N N N N N N N N N D- o 0 0 0 0 0 0 0 ~ 0 0 :IE ...!. I ~ I I I I , ~ ~ ~ 1: Q) CI) CI) CI) CI) 0 Q. (U C C C C c '3 '3 '3 0 <( ::E ::J ::J ::J ::J ::J ...., ...., ...., ...., .., ...., .., .., W ~ C . .,-... 0 w ... W ...I N N N N N N N N N N C'? C'? D. 0 0 0 0 0 0 0 0 0 0 0 0 :iE i; i; >. .!. >. .!. .!. .!. .!. .!. I I .I:: '2 0 "'3 Q) t'O Q) Q) Q) Q) Q) 0 ::3 ::3 ..0 ::2 ..0 ..0 ..0 ..0 ..0 ..... C. 0 C) C) -, 0 E E E E 0 t'O <( ::3 :J .... "0 ::2 w <( <( 0 Q) Q) Q) Q) !;( 0 > 0 0 > 0 0 Q) Q). 0 0 z 0 0 z ... Z N 0 m at) 0 0 CIO ::> N CO CO ..... CIO 0 II:! ~ ~ <'! ~ <'! ..... ~ II:! <'! 0 ~ :iE C'? C'? 'V N m 0 'V I'- at) 'V N I'- CO CO at) 0 CIO 'V 'V 0 N N 10 ..... <( ~ 10 ~ 10 C!. N_ ~ ..... ..... CIO_ 10 C'? ~ 'V Iri" 'V N CIO 10 CIO ..... CIO C'? ci cti :s I() 10 N CO 'V I() 'V 10 CO 'V CIO N C'? C'? 'V_ N ~ ~ ..... CO fh fh I'- C'? ...I fh fh ..... fh ..... ..... ..... fh fh fh 0 fh fh fh fh 0 W c> z C'? ~ 0 0 ~ I ~ N Z 0 ~ 0 <( 0 ZN 0 W _0 ....I N ....I N N (/)0 0 <( >- l5 0 I-~ 0 u.. iE 0 w W N W..... 0:: (/) l- (/) I WO Q.. Z N >- al ..... >- 0 o::~ ....I W 0 0:: al 0:: 0 ::> 0 I- - <( 0:: N ::2 N ....I 0::: ~ (/)~ W 0 l- I <( ::> t- o:: (/) ::> 0 N ~ c> W ....I~ LL (/)Z ....I ~ 0 en l- I ::>::> >- (/) - Z (/) ~~ Z ::2 ..... ..... 0:: ::i - Qo 0:: 0 0 >- ...J w <( 0:: (0 0 m I- <( 0:: C>C) ~ 0:: 0::0 ::> I N W W 0:: ~O UJ W c> ~ ....I ~ l- I- 0 (/) ::> 00:: 0 ~ 0 (/) Q.. 0 0 <( >- ....I <(Q.. ....I 0:: u.. I- ::> w w u.. 0:: (/) LLc> <( Z wQ.. Ol. 0 -, -, 0:: 0:: W W 0 0 >- O::z UJ :E ....1....1 ....I ....I W 0:: 0 0:: ::> ::> w ::>- CI) r:t: <( <(<( <( <( 0:: C>I- 0:: Q.. (/) ....I ....I (/)....1 >- Z Ow w W I- Q.. l- (/) ....I 1-<( 0:: UJ O(/) CI) (/) (/) wo ....I ....I Z W ~ ZW 0:: ... <( LL 0 ....1>- >i- >- ....I Q~ ~ w 0 w(/) ::> w I ....I UJ W No:: 0:: 0:: <( (/) ::2 ~ CIO ~~ ~I- (/) N (/) r:t: -, 90:: ~ 0:: ::> llJN m wO 0 .....::> ::> Z ~z ..... ~~ N ~~ N ~ ~ui ...I ....I Z _0 0 0 00 0 0 0 0.. tp (/) <( 00 ~ ~ Q..C'? <( Q..O N I I'- N V 0 C'? C'? co co 0 CIO ..... C'? co V I'- ~E at) co ........ C'? N 10 I'- I co 10 N N I I ..... 'V 10 m co . 10 ..... ..... I'- Wco C'? CIO 'V I() e Z~ N CIO <0 - I ..... I-~ I ..... I (/)co ::>CIO "It' 'V V at) I'- N CIO N ....II'- O~ <(0:: ........ I <<? w~ zm N I 10 W O~ m w'V O~ CIO '"*" 0 ....I~ om 0<( C'? 0..... ... I'- 15~ ~e at) co o::Z we O~ Z> -,0) 0 <(m zt:::.. w~ c>~ v N ~~ ::ii5 w- :! ::>~ ~~ w<o co <0 w<( Zt:::' -(/) zo (0) ....I(/) i5ir N Z -z Zo:: -w <(...J >w oe WO 015 00:: co 1-0:: <(w O...J mcaoOI- Z 0::<( ::2e ZW ~~ ~~ !:::w 0::00 0:: (/)0:: 0 LLW Zo -~ ~ OZ w~ OQ.. <(00 <(l- II 0<( <(::> OO~:::::iW OZ 1-0 (/)0 (/)~ Zz Z~ ~O ~m Zo >-01'-<(::> ~ LLW u..W ~z ::>- ::>z 0::0 u..Z..!-LLLL 0 o~ u..> u..::2 O~ 0<( u..O u..w W o<(~ouj OW z~ 0>- Ow OW 0- mo z ~~ ~~ Om o~ ~[ 0 ~~~~o W ::>0:: ~o:: >-Z ~~ . ....I ~z z5 C> -I- q ffi_ Ow -<( !:::w c:r;<( _ ...J -0 <(<( -wt::-z c( O(/) OI oc> oc> ...JI- ...J(/) 0<( om (/)0 OLL_O<( AQENDA ITEM NO. S D.II.~r: S9 m= 7~ 0 w Iii '-' ...J C") C") C") C") C") C") C") C") C") C") C") C") Q. 0 0 0 0 0 C) 0 C) 0 C) 0 0 ::E >. >. >. >. >. . . I . . . , c c '3 '3 '3 t>> t>> 0 <<I <<I <<I <<I <<I ::s ::s ..., ..., ..., ::s ::s 0 ~ ~ :2 :2 ~ ..., ..., ~ <( w ~ 0 ~ z 0 ::::) CO .... CO CO 0 0 C") 0 0 0 0 I'-; CO <'! <'! ~ ~ 0 .' "": <'! ~ ~ ~ ~ :a ,.... .... ..... ,.... co .... 0) co co II) 10 .... ,.... CO N N .... ..... c( 0 ~ "":. ": ,.... .... CO 0 0) CO .... CO 0) ..... ..... C") ~ ,.... ~ CO ~ C") ,.... ui II) to CO 10 to ri ....:- :3 ..... CO 0) 0 N 0 ,.... CO 0 N N 10 N ~ ..... N N N fh fh fh N ..... C") ": N CO fh fh ...J fh fh fh ..... fh fh 0 fh 1:1 ...J ~ ..- 0 en ...J UJ & ~ ..- ..., ..- ..- ..- 0 N 0 UJ C/) 0 0:: ...J ~ OUJ 0:: UJ UJ 0 a ~ :2 '-' ~3 ::> 0:: >- ..., UJ UJ ~ ...J ..-C/) 0:: 0 ..- ..., ~ en 0:: en -0:: en C/)..- 0:: 0:: -1 0 0 C> UJ ffia z ::> 0.. ~ UJ 0:: ~ UJ Z ...JUJ ...J 0.. 0:: a 0 co>- 0 ~UJ ...J ..- ..., 0:: 0 C/) 0 UJ ~ coo:: Ci) UJo:: ~ UJ 0:: >- > 0 a N ::>0:: ...J en..- .... 0 0:: 0 0:: 0::::> ::> >-C/) ~ C/) 0.. 0:: ~ UJ 0 t- UJ...J :2 0::C/) UJ >- ~ C> ::> ..- ...J 0 LL 0:: ...J 0:: ~ Z en 0C/) UJ 0::::> ~ 0:: 0:: Z en UJ UJ ~ :2 ::i -UJ 0 ::>0 0:: en :::i en C/) z ~ ~~ ...J- UJ ::> ~ f..- UJ en 0:: 0 ...J 0 UJ . UJ >- UJ 0:: W N LL~ Z C/) ::c en Vl 0 0:: ..-C") C> 0:: zo 0 oUJ 0> ~ ...J 0 ..- a I 0:: - I 0 UJ ~ Z ~ ~N 0:: Z UJ...JO:: Zz z UJ ::> ::> :28 :E~C> co 00 UJ ::> ~ UJ 0 I ...J a W co ..- Z 0:: C/) ...IN ...J c(::>C> ::> -C> Z Z 0:: ..- ~>- ~ 0:: ..-z ~ ..- C") zz~ 0:: =i:2 ~ C/) (!) en 0 UJLL W ~zz 0_ 0 UJ 0..- C/) en UJ ::>0 ~~ C") 0 C") UJ ~ LL o~Q ~ O::~ 0 0:: 0 0 ~O ~ >- W wC")(/) )- LL 0 W 0 ~ I oUJ 0:: ...,0...J (/)0:: 9(!) N N )- -- -1 N 0"" 0:: 0:: 0:: ON::> Z::> NO N )- ::> NO ::> ::> 0::0:2 OUJ 00:: 0 ..- 0 0 >-0:: Q.~UJ 0 ~o.. 0 :::iN 0 0 ...J ...J 00:: N N C/) LLa C/) C/) 0 .... 0 0 ~ N 0 C") 0) C") C") ~~ C") ..- ,.... .... .... N 0:: C") 10 I co to 0) ..... h'- ..... co ,.... .... 10 ~ , 10 ,.... . ~o N 9! 10 , II) co C") Z~ II) C") C>O 10 N 10 (/) .... . , ,.... ,.... ..... 0) - N ,.... ::>C") , 0:: co 0) . II) (!) co 0 N 00> .... 0) - 0 - ~"'7' 0 C) N - Z N co II) 00 N ~~ ..... , C") co 0) ~ 00 00> ,.... :2~ ..- C") <(....... 0 0::- oe - 0::"'" - ~co (!)..... 0) ~~ 0 zU; )-0) 0) ..-e 0..0 ~ .... ~- d i.lJ~ 0 ::>~ C/)~ 0 mC UJ~ Z(/) 0) o..n:: !z~ t= oz if(j) 00) ::> ~~ 00:: o~ w- ::5~ C/)- ..-- 50 :2- Z~ ~e z o::~ ct~ ...JZ ...J(/) ~~ 0::0.. zUJ 0::0 >0 C/)- 0 ~a ::::)0 ~...J ~...J ~UJ ~- ~..- ~o:: ...J~ .:2 0 o~ :eo -> ~UJ a 0:: z:2 0"- (I)~ ZO:: 0::0:: -(I) O::UJ >= O::UJ LL~ ::l~ 0::::> -~ >z u.(/) LLO:: u.o LL(!) LLO u.:2 UJco u.(!) ~~ u.z 0 0- oco o~ oz o~ oz o~ Ow mz O...J 0- z ~~ ~~ f:g f:~ OUJ f:6 f:6 '-' w f:0:: .m f:z ZI f:::> f::2 0 -0:: -~ -~ _w ~::> 00:: _UJ ~o o~ o~ -<( c( 0..- o :::E~.. 0::2 0..., oa -i0:: O(!) (I)..., 0...,....... S AGENDA ITEM NO. /'- PAGE 00 OF 1~ ~ 0 W ~ W .J C') C') C') C') C') C') ...,. ...,. ...,. ...,. D- o 0 0 0 0 0 0 0 0 0 :::E . I ..!. t ~ I I I . , 0) a. 0 c C .0 .0 0 ::J Q) 0 0 Q) as as Q) Q) 0 <( (/) 0 0 z Cl -, -, lL I.J.. W l- e( 0 /"""' /"""' I- Z ::)C') 0"" :E~ e(~ 1%:"" :5~ .Jfh o o C') o ...,. ,... c l- t/) - ...I W (.) Z W 0:: w LL W 0:: o Z I- o W ..., o 0:: a. at) <( W 0:: Wet :E--, e(<( ZW I-(/) 0>- WO:: -'0:: 0::> D::--, o.C/) ,... ,.... o::lB <(ch I-m~ 00....... or;(z~ 1-00> Z:E- o<(~ O-C/) >~:5 00- z>-z W..-I C)-o e(0..., o ~ ...,. C') ~ (0 ...,. ...,. fh ...,. o I C') o o N o Z I- o W ..., o et:: a. C') o o N --' <( W C/) >- 0:: 0:: ::> --'0 C/)g ,.... . o ...,. N iUs ...JCO ...Jt::.. ~ffi WI ...JO 0...- a.::> <(00 lLl- 01- ZW sffi 0> I-W (0 ~ C') ,... ~ ..- ,.... ..- fh C/) I- W W 0:: ..- C/) C/) ::> o ii: ~ a o ...J <( W C/) >- 0:: 0:: ::> ...J (/) o co C') C') . ,... N ,.... ....... ..- O~ Z- ::50 wC) o~ a:E 00 ~~ O~ o ~ to to co a) N 0> ;; :E i? C) o 0:: a. ...J <( W (/) >- 0:: 0:: ::> ...J C/) ...,. o o ~ C') o o N o C') ,... C'! at) 0> C') O~ - 0> 0::_ <(C/) I-:E Zo:: 0<( aI 0>- ~o:: -<( OC) 0> ~ ,... ,... (0 ui ,.... at) fh...J <( W (/) >- 0:: 0:: ::> W...J 0C/) -W SO ~Z z~ ::>W 01- OZ ...,.~ g:E ~W C')> gj:: NZ aW OG; ZO:: 00. j::- oP ::>W 0::0:: 1-::> C/)CJ) Z<( OW O:E ~~ <((0 mat) o::'!' <(co m~ <(at) I-~ Z- <(<( C/)O am O:E ~(3 Z>- ::>0:: 0<( OC) (0 ~ ,.... 0> ,.... ci (0 at) fh ...,. o 1-' <(~ (/)0 I-N 00:: wet -,W 0>- O::...J 0.<( ...JO :i~ (/)0:: Wo o.a <(CJ) Oz 00 Z- <(..- ...J<( :ig (/)...J >-C/) 0:::::> o::Q ::>0::: .i>lJ<( CJ)> 0> ,.... ,.... ~j; (p~ 0:::- w~ ::>0> "'!"- .......... I1::Z 11.0 Ow ~6 Z<( ::>-, O~ om o <'! o ...,. ~ C') o N fh ...J <( W (/) >- 0::: 0::: ::> ...J (/) - ...,. ~ C') o W Z ffi :E o o ::-'1- MO WW z-' 00 NO::: : a. o o at) ..- wtb I-at) Z~ wtO ::>~ Q.- ::5~ a<( og ~~ 0..., o ~ at) at) 0> c...,. 09 - C') 0:::0 ~~ z>- OlL 1-0::: z!!! wI- :EC I-I <(S wlL g:0 w~ 0_ <(0 lLw 0::: I ::>1- (/) I-~ ZC/) WI- :Ew WW ~g: 0.C/) N W o o:::Z wet -Z 1-0::: CWN IIN SO:? a 0"'" OW~ >-0:::- ..-aN _...JtO O<(e 0> ~ at) C') co cO at) fh 0:: wI- 1-0 Zw W..., 00 C)O::: ZQ. -I- o.z o.w O:E Iw C/)> >-0 Co::: OQ. w:E ...J- Q.I- ::i::0 W--' I-C) ""'Z 0- l~ C')O::: 0<( ~Q. ~ ,.... OZ"'" wOC') --,(/)N Q.~x :EO"" -,.... WO:::"- I-w~ a~at) Oore ~::><D _I~ 00_ 0> ~ ,.... C') o ,... ,.... ..- fh C/) ::> o ii: ~o:: OW 1-00 ...J::i:: <(::> wZ C/)z >-0 0::- o::~ ::>0 ...J- C/)~ lLO OW a. I-C/) z .. WC/) ~I-co wWN ow' <to::C') ...JI-g o.C/)N W~~ I-o I-ON C/) ~ c( o o Z N <( ~ en X ::> 0> 000> I>...,. I-<(~ lLo::O> Om~ ~wiO -O~ 0...,_ AGENDA ITEM NO. 5 ~ PAGE b l OF 70 0 W ~ ~ W ...I V V V V V V V V ~ B- 0 0 0 0 0 0 0 0 :iE ~ ~ ~ ~ ~ ~ . >. >- ... 0 Q) m ft 0- ft 0- ft m m 0 u. ~ <{ <( ~ ~ W I- et 0 I- Z N 0 0 CD N ::) 0 0 ..... M 0 CD <<! C'! ""': ~ ": ~ ~ t-.: :iE N It) ..... CO t- CD CD V CO M CD CD 0> 0> M 0> t- t- oe:{ CD <<!. C'!. ""':. <<!. <<t <<!. "":. Ix: t- t- V CD t- CO It) M V 5 ..... . co 0 It) CD 0 0 0 V N ~ ..... ~ N N N M ~ ...I ~ ~ ~ ~ ~ ~ 0 0 t~ I- w- - 0 "'0 W W ..J (/)~ 0<( (/) .., <{ 0::- <( 0 W ::>- o..Z 0:: u. (/) 00 O..JO:: I 0.. 0 0:: . ~ 0.. ..J ......, ~ <(~ Z~~ - ..J <{ C> 0:: >0 <(W::i ~ ~ W Z Z~ (/) (/) (/) ::i ::> ..JO<( ~ ~ ~(/) ..J oS ~WO ~ (/) ..J c>0 (/)u.u. W 0:: (/)1- t- <( ZN .~O 0 0:: ::> >-W (/) <( W -0:: >-~~ Z ::> ..J o::W ..J .... W (/) ..J~ 0::. <( ..J (/) 0::0:: ~ en 0:: ~ ~>- 0::8- Z (/) <( ::>1- <( ::> 0 W I- ..J(/) (/) ::J ~~w I- W W 0:: (/)..... Z w 0:: (/)....J ~ ::>M ~<(..... I-~i!= W <( W 0 ....JO <( 0:: <( vF 0:: Z (/)0 o::Oco o::zz ~ l- (/) 0 <{ ..... ::>!{l~ (/) ....J C?z ::> wZ O' ....Ju.1- 0::>- I- ..J MW ..J '7 o::~ 0..0::..... W C> I 00 (/) - :E~ (/) . ~ (/) ~u.~ o- W o. (/). W m N(/) >- 0:: c(z ..Jo 01-0 <(OC? 0:: 0 ~ OW W Z<(~ wZ wWz ..J(/)t- I- 0 <( zO:: ..J W NWI- <(C>~ (/) 01- ....J 1-:lE<( 01- v <((/) ~ LL 0::0::0 ..J 0 ZO o v 0::: ~~ wl-w Q:zO:: <( ON M::> W ~C:;>C) mC/)..., O-w N CO ::5~ 00 I- 0::"" -~~ ::> c?CD NO:: 0:: OMO wO m~o z 0:: . Z wO (/) Ix: go::: ::><(0 z 00.. I 0:: 0<( W _0:: ::>_0:: 0- ~> ~ O-No.. (/)0.. 0::00.. :lE:lEZ <( NO 0..0.. ~ . ~ ~ ~ Z z ::> ::> <3 0::: 0 ~ 0 ~ <( I 0.. 0 0::: 0 I- <((/) Z<( ~z 0 <( 0 01- <([Lt ::E:X:: 0::.., 00 Z Z 0.. ZI- ~~~ Z..J ..J<( 00 I-(/) ~- 0 <( OW Z....JOM O~1t) <(~O !!:I-It) (/)0::: OZ..... 0::0 Z o::....Jco 0:: ..... 0..0..... ..JZv O::W"'" ..J<(..... Wo::g <(mM O<(..Jv <(O~ <(N e~W~ OZIt) ~O~ <(<(0 <(ZO zO> ::>;2 CO Z::>O> o Or;> Oo..~ mzM mO""t o::~ m M o::o~ >L1.~';' u.Zo u.wcb , u.C>0> U.ZM u.-o Wt- U.c(N WOt- OOZO> Oo::~ owg OO~ OI~ OZCO m~ 0::E:g mo~ -..."., Z>-O~ >-<(- ~.....- ~::E~ ~..J- ~<(~ Z<>> ~::E~ Z:><>> WI-(/)O> I-:!~ -v ..Jo ., CO 0_<(0 ::E..... _~U) _~U) _O::N <(0 -<(t: <(<(0 etO..,~ <3~Q~ -(/)t- o ~ o t:.. O<(~ (/)~ (/)O~ 0__ O(/)_ AGENDA ITEM NO. ~ PAGE_b?- OF 7~ ~ 0 w ~ w ... ...,. ...,. ...,. ...,. ...,. ...,. ...,. D. 0 0 0 0 0 0 0 ~ >. I I I I I . C c "3 "3 "3 "3 0 III ;:, ;:, ..., ..., ..., ..., 0 ~ ..., ""') w ... < 0 to- Z 0 ~ CO CO ~ CO CO ~ 0 C! ~ ~ ~ C! (J) C/) M ...,. b ...,. N co M (J) C/) ~ .... ...,. ..... N co I'- It> W W < ~ C!. ~ ~ "':. C!. ~ 0::: 0::: 0:: N co b co I'- It> co 0 0 :5 It> co co I'- M N M 0 0 'r"" M It> .... co M N ~ ~ 0 ~ ~ ~ ~ 0::: 0::: ... n. n. 0 z z 0 (J) ... W >- Z I ~ 0::: W ... ~ ~ 0::: ::2 z ...::) w...... >9 0 ...J U...J C/) ...J ~ WC/) 0"'" ... ~ 0 ""w o:::~ W 0::: C/) 0... 0.0 WM (J) n. >- o:::~ ...,. ~z 0:::0 >- 0 D..o ...0 0::: ...J t- o Z'" (J)~ 0::: Z 0::: ~ WW ~ 0 0::: ::i ~ :)~ C/)g => W UO::: ::) ~ ...J (J) ZO ..., M ::)0 ...J W (J) ~o 0 0 D.."" ON (J) to- >- 0 ...0 (J) Z~ 0::: N ->- og -i t/) 0::: Zg: O:::lL >- - 0::: Wz n. ...J ~O Z' 0::: ~ ..J ::) ~O ...J ~ W "~ ~g 0::: I- ...J ~ ::2...J lL. 0:::0 ::) W W C/) <((J) W (J) W~ O~ _N ...J 0 ...J ::2...J (J) >-...,. ~(J) > ~ ": (J) M W~ ::) >- o:::N Oz D..O M Z "'::2 ... N tt: o:::~ zw ~O Wz W ~~ Ww tt: ~n. 0:::0 z W W ::) . ~~ ...J - W 0 0:: < Z 0:::0 ::>...,. ...JO ~(J) ...- 0::: Z ~ "'W ....10 (J)Z ...U W~ wm ... 00 W ... (J)~ C/)O W... Z~ C/)::2 w ~ (J) 5... ...,. M~ 0:::'" U. 0 0 ....JO::: 00 w>- >-lL ...0 ....J -0 W w 0 ~W OM E3 ~o::: 0:::0 ~ Ow ~ . 0 C/)W .., ::)m ""'0 Wo::: ~~ ..., ::) 0..., 0:: 0 M zm ON ~3 ""'0 z ~O Ill: 0 z::) ~>- 00::: Z 00:: 0 _0:: ...J- ~D.. D. N ~o:: D..lL On. n.C/) c/)u ~ 0::0.. tf) 0 I W ~Z 0 I U ... Z W ..., ~ Z Z w zO ...- :! :) 0 > W W ::)C/) On:: ~~ 0 ~ m ~>- 00 0:(0- B O...J ZZ ~C) W~ O....J ...00 C/)W Z~ ~(J) 00 Zo:: 5(J) <( WI Z~(J)M ~WM WO::: :)lLCO (J)~...... OOZ..- :)W...,. ZO:::N (J)ZN O...JWIt> 00 It> ~:!;: n.I...,. =>mCO (J)Oo> Oml'- ~OM WOIt> O<(o:::~ :)~..- W>...,. ::)O~ ~~~ -~o C/)O~ (J)mu; U::01t> ,-.. )::D..C), I'7 ...O~ !::, lLO:::N ~Ir;> ....J. o. C)>-I';- OLL~~ LLOI'- a 0"'" lLO:::.... lLOO lLOO lL>"- ZWCO zOwM Owm Ozm OO~ OW"- O~!;;: OO~ O>-~ ~o:::~ ~(J)~ w~...S ~:::;:m it::im ~mm C/)co ~O::m ~zco ~O:::m C/)lLM C)_wco -~u; _:::i.>o -O~ _~N -~...,. _~It> -~...,. OlLN <UD..t:::.. o<(e OZ~ o~e Uoe OOe WM U ;I: _ om_ ....J..., -.s- AGENDA ITEM NO. ~ PAGE b3 OF 7~_ ....., I- Z ::;)00 000 :iEw <CO:: o::c> :S~ ..In. g~ ....., l- t/) ~ w o z w Q: w u. w 0::: ..... ZLL Wo ~...J we:( ~W n.oo .....>- wo:: wo:: 0:::::> ........Joo 0000..... 'w w;:iZw :iEoQo:: <CO.......... Z...J~oo 1-1()::; 00 00_:::> wOOOO ,~<(- 0"'" I 0:: <<8w<(> D..NO:: e:( c> z CO o CO ~ 0 e:( ...,. ""0 ..... O:::>.....X ~o.....W Z .Wo OZ~~ O~~~ ): It- O~>-~ Z>-Om W.....ZO 0--00> <CO '-' ....., S AaENDA ITEM NO. ] {'{ PAGE 'Y OF "...... BID FROM . ROY ALLEN SLURRY SEAL INC. "..... "..... AQENDA ITEM NO. S' PAGE ~)" OF 7.5 TO ACCOMPANY BID SUBMITTAL NAME OF BIDDER: ~ A\h,^~\\A.'f\('i ~ ~.. """"'. STREET SLURRY SEAL PROJECT BID SCHEDULE ITEM DESCRIPTION QTY 2,473,830 Square Feet UNIT PRICE TOTAL COST 1. Emulsion-Aggregate Slurry Seal, Type II ~oq~ 131~tffl. OJ- Total amount of bid in words: 'Tv" l-\u..v ,,-:>VtitD fr!'l'2.::rlt T w c) t'\ Ho u..svL'wP f l ~.t ~,vJ Otu=\-D Fa t'L'i~ 00 \...v~lLj ~ Cwo C.~i\l12> Total amount of bid in- numbers: $ 2 ~ 1) C; 't 0 . 0 ')...- NOTE: All work to be done in accordance with Ci ty of Lake Elsinore Ordinances, Standard Specifications for Public works Construction, and City Engineer direction. All work is subject to inspection by City Inspector. All work to be completed within twenty (20) working days. Any damage to existing curb, sidewalk or other improvements shall be repaired by the Contractor at no cost to the City. Any Contractor doing work in the City must have ....., a City business license. 12 """'" ,/ AGENDA ITEM NO. __ 5 PAGE b~ OF 76 ,,-... TO ACCOMPANY BID SUBMITTAL NAME OF BIDDER: ~(1' A.Uo."" .>lv-.rr'1~\'~' The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any error or omissions on the part of the Undersigned in making up this bid. The Undersigned agrees that in case of default in executing the required Contract wi th necessary bonds and insurance policies within ten (10) calendar days from the date of the Notice of Award of Contract by the City Council of the City of Lake Elsinore, the proceeds of the check or bond accompanying this bid shall become the property of the City of Lake Elsinore. The Undersigned bidder declares, under penalty of they are licensed to do business or act in the contractor within the State of California and validly licensed as follows: ~72.7qg ~-~rz.-~ C-\7 Expiration Date: ~";"S.C}.-O<;" perjury, that capacity of a tha t they are License Number: Classification: ~ This statement is true and correct and has the legal effect of an affidavit. ~ 13 .--- AGENDA ITEM NO. _ b PAGE.JJ.. OF -tS TO ACCOMPANY BID SUBMITTAL SIGNATURE PAGE ......., IF A SOLE OWNER OR SOLE CONTRACTOR, SIGN HERE: 1. Name under which business is conducted 2. Signature (Given and surname) of proprietor . 3. Place of Business City and State (Street and Number) Zip Code 4. Telephone Number IF A PARTNERSHIP, SIGN HERE: 1. Name under which business is conducted 2. Name of each member of Partnership (indicate character of each partner, either general or special [limited]) ......., 3. Signature (Given and surname and character of partner. Note: Signature must be made by a general partner) 4. Place of Business City and State (Street and Number) Zip Code 5. Telephone Number 14 ...., AGENDA ITEM NO. PAGE~g OF ~ 7C ~ ,,-... ".-... TO ACCOMPANY BID SUBMITTAL IF A CORPORATION, SIGN HERE: 1. Name under which business is conducted ~ A\~,,1f\.. S\(A(f'<:t ~\~ 2. Name of each officer of corporation (indicate office) ~~\o.V\ - ?reK~~\- . k'AiA)'f'0YtU2.-- · A \ k" lJ \UJ_ ~(,Jev,--r-- 3 . Signature (Given and surname and title of officer authorized to s~yn for the Corporation) ~l 1 "^ ~ Q {}-- ~jV\.(A- I\\l^,~. VIZa- 9~\~:t- (Impress Corporate Seal here) Incorporated under the laws of the State of ~~l~' _~~ place of Business \\q'Lt- ~~-Qe-\J \Aue.~ City and State ~ ~ ~~et~d.N~e~;de q~70 Telephone Number______--'d~ __ 4 . 5. 6. 15 . .S: AGENDA ITEM NO. PAGEJz..ioF~2S_ TO ACCOMPANY BID SUBMITTAL CITY OF LAKE ELSINORE, CA BID BOND ~ KNOW ALL MEN BY THESE PRESENTS, C ..........1 Tha t 12.0'1 A l.,-,p.rJ S u,o-i'LL'i "'>llA L- ~IV 11'03 q q 20 .81111' .:. 2 .000 21.8': 1.8 b. 505 2 q 5'" described, then this obllga"Clon ollCU.l..L"::;"'""m", n~__ it shall be and remain in full force and effect. ....., In the event suit is brought upon this bond by the Obligee and judgement is recovered, said SURETY shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the Court. this IN WITNESS WHE~EOF, we -L day of S fi.-.{f\" kJ f2-, cu..o.- here hereunto set our hands and seals on , 2004. BY: BY: Signature of Principal w. Q - AL~;J Pn-IiSIPkNT Name and Title H Ii 1. 1-- f1COO\r1l\ f-i't/iL-O rAv~ Ad~es~ C <3A iVT'8 ~ ~PfLh) (,-.) A- C/u 6-70 Signature of Surety Name and Title Address 16 ~ ~ AGENDA ITEM NO. - 5' PAGE_' D OF _J ,.-..... -- -- THIS BOND MUST BE NOTARIZED. ATTACH NOTARY C:ERTIFICATE .H:ERE. 17 S' AGENDA ITEM NO. I /" PAG!::_'1 J_ OF S ", TO ACCOMPANY BID SUBMITTAL CITY OF LAKE ELSINORE, CA NON-COLLUSION DECLARATION '-"" (Public Contract Code Section 7106) I, ~te~ f\\~\A. - O~~/ ~~~f~~~\A \- (Ti tIe) party making the foregoing the , do hereby declare that I am of ~o" A.\~ ~\lA.Y",\ ~~. (Contractor) . bid for the construction referred to the as: STREET SLURRY SEAL PROJECT and that the bid is not made in the interest of, or on behalf of ,: and undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or shami that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with. any bidder or anyone else to put in a sham bid, or that anyone shall refrain from biddingi that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix. any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contracti that all statements contained in the bid are truei,-"" and, further, that the bidder has not, directly or indire~tly, submi tted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. q - (- el\- ~V\-\z~ ~ ~r\\-d ~ DATE PLAeE &'~'^-tl ~O SIGNATUREA l ~eJ{)(,L- N \ ~ NAME '- 18 ~ AGENDA ITEM NO. S PAGE 1).... OF I [{ TO ACCOMPANY BID SUBMITTAL -- NAME OF CONTRACTOR:_~Lr A-U.Gt~ Slli.'('~~ ~\, ~<. CITY OF LAKE ELSINORE DESIGNATION OF SUBCONTRACTORS In compliance with the provision of Section 4100-4113 of the of the State of California and any amendments thereto, undersigned certifi~s that he has used the sub-bids of following listed subcontractors in making up his bid for construction referred to as: Code the the the STREET SLURRY SEAL PROJECT and that the subcontractors listed will be used for work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provision of the Specifications. Bid Item Number Subcontractor Address/Telephone ~. Jro~_Cr- Signature of Bidder ~V'e)N_~~ ~~. Name " \) \( e _ ?~~ )).,0....." f- Title ,-... 19 AGENDA ITEM NO. ~ PAGE 73 OF it: \. TO ACCOMPANY BID SUBMITTAL CITY OF LAKE ELSINORE DECLARATION REGARDING LICENSE STATUS ......, I do hereby declare that our/my Contractor's license is ~ 7Z- 7q g and expires on ~ -Z:J:?-oS . .. << I declare under penalty of perjury that the foregoing is true and correct. ~ Executed this 7 day of ~~\o.ev-, 2004. at ~^Y\r!v ~~ ~~S ,California. . Signature ~_____ ~ y Printed Name ~~ A'l~ l- . , Title \J:(J~Q~~t-. Signing on behalf of (if applicable) ......, 20 ......., AGENDA ITEM NO. S- 5" PAGE~iOF ~ ~ , ,.-... TO ACCOMPANY BID SUBMITTAL NAME OF CONTRACTOR: '\<.0,. i\\\a~ ~\lA...r"S~oJ'~~ LIST OF REFERENCES STREET SLURRY SEAL PROJECT The following are the names, addresses, and telephone numbers for three (3) public agencies for which BIDDER has performed similar work within the past.two(2) years: . 1. 01.f1< at ~~ ~~ .;- 'I'? '(;' \<-a\A+fh...."" It...- 1'."""."k.- C1b.r q 17 fo , Nam and Address of Owner ~\A0.\s ~ r ;d\So"'" U;Lb) 21f$ -2-0 J Name and Telephone Number of Person Familiar with Project ~~1 q~(), 2-2 ~tuyy- ~I 7-H--ol} cohtract Amount Type ~f Work Date Completed /""" 2.~+ZJ1Lg ~M!l3lAJe-v-. Ig(,60 C-1'v(L ~k.- ~ l.pJl'l'-e#" cro2fJf: Name and Address of Owner . ~'Py\_ ~t ~(2) g{j-f-YY b \ Name and Telephone Number of Person Familiar with Project .$ t . S{VL -:] -2. --f} Date Completed. 3.C.H~_J: Cey. ~~ ~.D,Xox$l:S 0 ~~~. QCJ70}, ame and Address of Owner Ute M!2I (O<ftJtA ~6L\ UD --O~ II Name and Telephone Number of Person Familiar with Project y: ~'L ~2J{, rs J Contract Amount stvtYYy~1 · . Type of Work 5~ J~ '-./O~ Date Completed ,.-... 21 AGENDA ITEM NO. 5 PAGE.J::i,~ OF ..1S- --- CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: Honorable Mayor and City Council FROM: Richard J. Watenpaugh, City Manager DATE: September 28, 2004 SUBJECT: Over Seeding of Parks BACKGROUND Each year the Parks budget includes funding for the over seeding of parks including sports fields and open areas. To adjust for the 6% cut for fiscal year 2004/2005 ($98, 948.00), funding to over seed the parks this year was cut. Sports fields are high traffic turf areas that are subject to high demands, not only for use and playability, but for safety and aesthetics. It is very important that we maintain high standards for safety. DISCUSSION The City's contractor, Greenscape. submitted a bid of $25,740 to over seed all of the parks except Creekside and Oak Tree. The ,-, scope of work would consist of aerating turf in both directions, over seeding the turf with perennial rye grass at a rate of 8-lbs. per square feet and dragging the fields with a steel mat to break up the cores and work soil back into the turf. FISCAL IMPACT The total cost for the project, $25,740 would be funded from unallocated revenues. The balance of unallocated revenues is currently $1,757,802. There have been 5 items this fiscal year that have drawn from unallocated revenues totaling $93,950.00. RECOMMENDATION It is staff's recommendation that the Mayor and City Council approve the transfer of $25,740 from unallocated revenue to fund the over seeding of the parks. PREPARED BY: Manager APPROVED BY: Director ,...--. APPROVED FOR AGENDA LISTING: AGENDA ITEM NO. PACE \ ~ OF .2.. ~ep 15 04 01:16p BOB 8r RYAN 951 695-5600 p.l ------ -~-. Greenscape 27475 Vnez Rd. 1323 Temecufa, CA 92591 951-302-6345. Fax !51~695-5eoo lie. C-27#371363 RECEIVED 'SEP 1 5 2004 ....., 9/15/04 PUBLIC WORKS From: Greenscape Landscape Attn: John Fazzio City of Lake Elsinore This is an estimate to overseed all parks listed below, this bid includes all materials and labor needed in order to complete job satisfactorily. Me Vicker Park, $3,267.00 Machado Par.14 $2,613.00 Summerlake Pad;: $1,960.00 Yarborough Park $1 ;960.00 ""'" SwickMatieh $2,613.00 Lakepoint Park $7,187.00 Tuscany Park $2,744.00 City Park $1,306.00 Summerhill $2,090.00 11 ~ - lo~L"";.. 2.57LfO / .....", ,ACENDA ITEM NO. ~ PAOE ~ OF 2- -~ ~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: RICHARD J. WATENPAUGH, CITY MANAGER DATE: CITY COUNCIL & REDEVELOPMENT AGENCY MEETING OF SEPTEMBER 28, 2004 SUBJECT: ZONE CHANGE NO. 2004-09 AND TENTATIVE TRACT MAP NO. 31792 AND MITIGATED NEGATIVE DECLARATION NO. 2004-06 APPLICANT: WASSON CANYON INVESTMENTS, L.P. (SHOPOFF ASSOCIATES), 114 PACIFICA, #245, IRVINE, CA 92618 OWNER: TMP MORTGAGE INCOME PLUS, LTD. (RANCON), 27740 JEFFERSON AVENUE, #200, TEMECULA, CA 92590 ~ LOCATION: SOUTHEAST OF HIGHWAY 74, NORTHEAST OF INTERSTATE 15, AND EAST OF THE INTERSECTION OF CONARD A VENUE AND THIRD STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-330-045, -046, -050 THROUGH -053; 347-330-019; 347-360-003, - 004 AND -005. REQUEST · Approval to change the zoning of a portion of the subject property from "RR Rural Residential" to "R1 single Family Residential;" and · Approval of Tentative Tract Map No. 31792 (TTM 31792) to subdivide 59.4 i acres of vacant property into 191 single family residential lots and nine (9) open space lots; and · Adoption of Mitigated Negative Declaration No. 2004-09 (MND 2004-09) and the Mitigation Monitoring Program thereto. These applications are pursuant to Chapter 17.84 - Amendments, Chapter 17.23 - Rl Single Family Residential District, and Title 16 - Subdivisions, of the Lake Elsinore Municipal Code (LEMC), and the State of California Subdivision Map Act. The project complies with the California Environmental Quality Act (CEQA) per Section 15070 (b) - Mitigated Negative ,.,.- Declarations. AQENOA ITEM NO. ~ \ " PAGE-L OF ~ 0.. REPORT TO CITY COUNCIL SEPTEMBER 28, 2004 PAGE 2 OF 3 SUBJECT: ZONE CHANGE NO. 2004-09, TENTATIVE TRACT MAP NO. 31792 AND MITIGATED NEGATIVE DECLARATION NO. 2004-06 "'-'" BACKGROUND At their regular meeting of September 7, 2004, the Planning Commission adopted Resolution Nos. 2004-126, 2004-127 and 2004-128, recommending that City Council adopt MND 2004-06, and approve Zone Change No. 2004-09 and TTM 31792 with Conditions of Approval. Copies of the Planning Commission Draft Minutes, Staff Report with additional memorandum and exhibit, and Conditions of Approval are attached. Staff had received and provided the Commission a letter in opposition to the project from Mr. Bruce Eichorn, Manager of Dud's Ranch. However, since Mr. Eichorn's concern was not a land use matter, his letter was forwarded to the City Attorney's office. Deputy Attorney Miles referred to the Workout Agreement with respect to Community Facilities District No. 90-3, and to the Development Agreement with the City on the subject property. No one from the audience wished to speak on the project, either in opposition or support. However, the Commission received a letter in support of the project at the hearing from adjacent property owners, Curtis and Bonnie Henry, which was read into the record and which is attached to this Staff Report. FISCAL IMPACTS "'-'" Residential development of this nature generates a negative fiscal impact to the City. However, the development has been conditioned to annex into Community Facilities District (CFD) 2003- 01 and Lighting, Landscaping and Maintenance District No.1 to offset the annual negative fiscal impacts on public safety operations and maintenance including city-wide improvements and facilities relating to fire and police protection, and to offset the negative fiscal impacts on City maintained lighting and landscaping. ENVIRONMENTAL DETERMINATION In accordance with Section 15063 of the State California Environmental Quality Act (CEQA) Guidelines, an Initial Study was prepared to provide the city with information to use as the basis for determining whether an Environmental Impact Report, Negative Declaration, or Mitigated Negative Declaration would be appropriate for providing the necessary environmental documentation and clearance for this project. The results of the Stu9Y determined 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 has been prepared. A Notice of Intent to Adopt a Mitigated Negative Declaration was filed, and a Notice of Completion & Environmental Document Transmittal was circulated to interested entities for a 30-day review period. Five agencies responded, and in an effort to provide the Planning "'-'" Commission and City Council with all available information regarding this project, a Respon:1 \ AGENDA HEM NO. ~ 0 - PAGE ~OF_ ~ REPORT TO CITY COUNCIL SEPTEMBER 28, 2004 PAGE30F3 SUBJECT: ZONE CHANGE NO. 2004-09, TENTATIVE TRACT MAP NO. 31792 AND MITIGATED NEGATIVE DECLARATION NO. 2004-06 to Comments was prepared. Findings of Significance are detailed below, and a copy of the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, Response to Comments, and Technical Appendices are included with this Staff Report as Exhibit 'F.' RECOMMENDATION Staff recommends that City Council adopt Resolution No. 2004--.kl, adopting Mitigated Negative Declaration No. 2004-06 and the Mitigation Monitoring Program thereto for this project; adopt Ordinance No.~, approving Zone Change No. 2004-09; and approve Tentative Tract Map No. 31792; based on Exhibits 'A,' 'B,' 'D,' and the Commission Findings, and subject to the attached Conditions of Approval. PREPARED By': Carole K. Donahoe, AICP, Planning Consultant REVIEWED BY: ode Enforcement Manager ~ APPROVED BY: APPROVED FOR AGENDA LISTING BY: 71tt~ I&d-dif Ri ard J. Watenpaugh, C" 'Mana ATTACHMENTS: 2. 3. 4. 5. 6. 7. 8. 9. ~ 10. 1. Resolution No. 2004-_, adopting Mitigated Negative Declaration No. 2004-06 and the Mitigation Monitoring Program a. Exhibit 'A'- Initial Study/Mitigated Negative Declaration No. 2004-06, Mitigation Monitoring Program, Response to Comments, and Technical Appendices Ordinance No. _, approving Zone Change No. 2004-09 a. Exhibit 'B' - Zone Change No. 2004-09 b. Exhibit 'c' - Color Exhibit of Zone Change No. 2004-09 Conditions of Approval for Tentative Tract Map No. 31792 a. Exhibit 'D' - FuII-sized Tentative Tract Map No. 31792 (Enclosure) Draft Minutes from Planning Commission Meeting of September 7,2004" Planning Commission Staff Report of September 7, 2004 Staff Memorandum: Opposition Letter from Bruce Eichorn Support Letter from Curtis and Bonnie Henry Exhibit 'E' - Schematic Design of Adjacent Properties Exhibit' F' - Reduced color iIIustrative of TTM 31792 and Schematic Design of Adjacent Properties Exhibit 'G' - Aerial Photograph with Development Overlay (Separate Binder) (Enclosure) (Enclosure) (Enclosure) (Enclosure) AQENDA ITEM NO. 2.) PAGE 3 OF ~O RESOLUTION NO. 2004- ~ 1-. ......, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MIITIGATED NEGATIVE DECLARATION NO. 2004-06 AND THE MITIGATION MONITORING PROGRAM THERETO, FOR ZONE CHANGE NO. 2004-09, AND TENTATIVE TRACT MAP NO. 31792, ON APPROXIMATELY 59.4:t ACRES LOCATED SOUTHEAST OF HIGHWAY 74, NORTHEAST OF INTERSTATE 15, AND EAST OF THE INTERSECTION OF CONARD AVENUE AND THIRD STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-330-045, -046, -050 THRU - 053; 347-330-019; 347-360-003, -004 AND -005. WHEREAS, an application has been filed with the City of Lake Elsinore by Wasson Canyon Investments, L.P. to change the zoning designation, and to divide approximately 59.4::t acres of unimproved property into 191 residential lots and nine (9) open space lots; and WHEREAS, Zone Change No. 2004-09, Tentative Tract Map No. 31792 and Mitigated Negative Declaration No. 2004-06 together comprise the "project" as defined ......, by Section 21065 of the California Environmental Quality Act (CEQA), and the California Public Resources Code Section 21 000 et. seq. defines them as an activity which may cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, Mitigated Negative Declaration No. 2004-06 has been prepared to evaluate environmental impacts resulting from the project; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on September 7, 2004, made its report upon the desirability of the proposed project and made its recommendations in favor of adopting proposed Mitigated Negative Declaration No. 2004-06 by adopting Planning Commission Resolution No. 2004-126 recommending to the City Council adoption of Mitigated Negatiye Declaration No. 2004- 06; and WHEREAS, public notice of said application 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 September 28, 2004; ~ A~ENDA ITEM NO. .2-) PAGE.-:L..OF ~ 0 ----- RESOLUTION NO. 2004- MITIGATED NEGATIVE DECLARATION NO. 2004-06 SEPTEMBER 28, 2004 PAGE 2 OF 3 NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The City Council has considered the proposed Mitigated Negative Declaration prior to making a decision. Pursuant to Section 15063, of the California Environmental Quality Act (CEQA), it has been determined that: 1. Through development of the proposed project, the immediate natural environmental will change from a natural setting to a suburban one. This change is not necessarily considered a substantial, nor significant degradation to the environment. The project will not substantially reduce the habitat of a fish or wildlife species, nor will it cause a population to drop below self-sustaining levels. The project will not eliminate a plant or animal community, nor reduce the number or range of a rare or endangered plant or animal. The site contains no known historical resources. --.. 2. The proposed project has individual impacts that can be mitigated to below the level of significance. The project's contribution to cumulative noise impacts are insignificant when considered in light of the contribution to traffic noise resulting from projects within the vicinity. No considerable cumulative impacts will occur as a result of the proposed project. 3. Based upon current knowledge as to the nature of the proposed project, the Initial Study does not identify any potential adverse effects on human beings. SECTION 2. PURSUANT TO THE ABOVE FINDINGS, the City Council of the City of Lake Elsinore DOES HEREBY RESOLVES that Mitigated Negative Declaration No. 2004-06 and the Mitigation Monitoring Program thereto are complete and adequate and provides appropriate environmental documentation for the project, and fully complies with the requirements of CEQA, the State CE.QA Guidelines, and the City's environmental clearance procedures ~ AGENDA ITEM NO. PAGE_ S OF bO ).\ RESOLUTION NO. 2004- MITIGATED NEGATIVE DECLARATION NO. 2004-06 SEPTEMBER 28, 2004 PAGE 30F 3 ~ PASSED, APPROVED AND ADOPTED, this 28th day of September, 2004 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Thomas Buckley, Mayor City of Lake Elsinore '-' ATTEST: Vicki Lynne Kasad, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney (SEAL) ......., AGENDA iTE~1 NO. ~\ PAGE--1-0F ~O v r- ORDINANCE NO. .l1l:.~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2004-09, CHANGING THE ZONING DESIGNATION FROM "RR - RURAL RESIDENTIAL" TO "Rl - SINGLE FAMILY RESIDENTIAL," UNDER THE ZONING ORDINANCE, ON APPROXIMATELY 31.25:t ACRES LOCATED SOUTHEAST OF HIGHWAY 74, NORTHEAST OF INTERSTATE 15, AND EAST OF THE INTERSECTION OF CONARD AVENUE AND THIRD STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-330-019, -045, -046, -050 THRU -053. WHEREAS, an application has been filed with the City of Lake Elsinore by Wasson Canyon Investments, L.P. to change the zoning designation on approximately 31.25.::!:: acres of unimproved property from "RR - Rural Residential" to "R-1" Single Family Residential;" and r- WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on September 7, 2004, made its report upon the desirability of the proposed project and made its recommendations in favor of Zone Change No. 2004-09 by adopting Planning Commission Resolution No. 2004-127 recommending to the City Council approval of Zone Change No. 2004-09; and WHEREAS, public notice of said application 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 September 28, 2004; NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The City Council has considered proposed Zone Change No. 2004- 09 prior making a decision. The City Council finds and determines that Mitigated Negative Declaration No. 2004-06 is adequate and prepared. in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project. 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. r- AGEf.,jDA rrEi~', i>.iU. 2) PAGE I OF (.j) ORDINANCE NO. ZONE CHANGE NO. 2004-09 SEPTEMBER 28, 2004 PAGE 20F4 ~ SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore Municipal Code, the following findings for the approval of Zone Change No. 2004-09 have been made as follows: 1. The proposed amendment will not be (1) detrimental to the health, safety, comfort, or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, (2) injurious to property or improvements in the neighborhood or within the City. a. The proposed zoning of R-l Single Family Residential brings the entire site into conformance with the General Plan designation already on the property of Low Medium Density Residential, 6 dwelling units per acre b. The proposed zoning of R-l Single Family Residential is the most similar zoning to the residential development occurring within the adjacent Ramsgate Specific Plan. c. The proposed R-l zone provides development standards that protect the public healthy, safety and general welfare of persons residing or working within the neighborhoods in the area or within the City. The proposed project shall comply with these standards. ""'" d. The project site constitutes an island of existing RR - Rural Residential zoning, between the residential uses in the Ramsgate Specific Plan, R-l zoning to the south, and existing residential neighborhoods to the west. 2. The proposed amendment will be consistent with the latest General Plan. a. The proposed R-l zoning is consistent with the existing General Plan designation of Low Medium Density Residential, 6 dwelling units per acre. . SECTION 3: ZONING RECLASSIFICATION The Official Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Assessor's Parcel Numbers 347-330-019, -045, -046, -050 thru -053, to "Rl - SINGLE F AMIL Y RESIDENTIAL" UNDER THE ZONING ORDINANCE AGENDA ITEM NO. ~\ PAGE ~ OF ~O ,..., ~ ORDINANCE NO. ZONE CHANGE NO. 2004-09 SEPTEMBER 28, 2004 PAGE 30F4 Approval is based on the following: 1. The proposed Zoning is consistent with the Goals, Policies and Objectives in the General Plan. 2. The proposed Zoning is consistent with the General Plan, and the various land uses authorized by the Ordinance are compatible with the objectives, policies, general 1 and uses, and programs specified in the Plan. (Government Code Section 65860). 3. The City has considered the effect of Zoning Ordinances on the regional housing needs in which the City is located, and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. (Government Code Section 65863.6). /"""'" SECTION 4: This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this 28th day of September, 2004 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ~ NO Q.. \ AGENDA ITEM I . u PAGE-5- OF b Q ORDINANCE NO. ZONE CHANGE NO. 2004-09 SEPTEMBER 28, 2004 PAGE 40F 4 ....." PASSED, APPROVED AND ADOPTED UPON SECOND READING this 12th day of October, 2004, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Thomas Buckley, Mayor City of Lake Elsinore ....." ATTEST: Vicki Lynne Kasad, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney (SEAL) ....." AQENDA ITEM NO. ~ ~ PAGE l b OF~O --- - j II /' /j /' //,~ T.TAj. 254;8/' "'.,,~ // . / , /,/;:1., r""O"= ,//' ," / /r I ,1: .::. ,':.' c: / /~:,'~/J! ,~,i~,,!~,t,.~.1~,i _"toElsiDOr<~~l!ilI\:j=,,:_jfil; -"c _ _~-'1'''''''~_ RR _ ~-c#i -...~- -- ~""~-- - -- COUNTY RR APt 347-36-016 RR j \ API 347-;!6-006 -- COUNTY R1 RR API 347-31;-003 APt 347-3IHl04 RR APt 347-36-007 AN MT-2tJD-ODf NY 147-R6lHJD6 . Prepared For: ZONING DESIGNATIONS CD o @ Abuts East End ofThird Street I RR: Existing Rural Residential Abuts South End of "0" Street in Ramsgate TR. 25478 Abuts South End of "J" Street in Ramsgate TR. 25478 Zone Change Area RR (Rural Residential) to R1 (Single Family Residential) Balance ofT.T. 31792 Boundary I ~ _I Distance to Adjacent R1: Single Family Residential County WASSON CANYON JhJY.ESTMfNTS/ LP. 114 PACIFICA, SUITE 245 IRVINE, CA 92618 PHONE (949)417 - 1396 - FAX (949)417 - 1399 Prepared By' ----- HUNSAKER & ASSOCIATES IRVINE, INC. OalP: A"WlSl 27, 2004 wo.: 2874-1 FiIenaJ,..,: TT 31792 Zoni1g Exhibl .--- ---.. TT 31792 ~n'~lJIjJJ ~- {il ~L ~~ -.. -.- - ~ -:.A A~ , cJ:.Z.D:IDlt' '" PAGE \ \ OF h D ~. CONDITIONS OF APPROV AL FOR TENTATIVE TRACT MAP NO. 31792 '-' '-' '-' AGENDA ITEM NO. :L \ PAGE \ 2. OF b D u v ~ CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 31792 A subdivision of 59.4+ acres into 191 residential lots and nine (9) open space lots APNs 347-330-045. -046. -050 thru -053; 347-330-019; 347-360-003. -004 and -005. PLANNING DIVISION 1. Tentative Tract Map No. 31792. will expire two (2) 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 (SMA). Additional extensions of time (36 months maximum time per the SMA) may be granted with City Council approval. 2. Tentative Tract Map No. 31792 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. ........- 3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 31792, which action is brought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 4. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five business days from the approval of this map by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of$I,314.00 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. 5. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the Tentative Tract Map approval by the City Council. 6. The applicant shall comply with the Mitigation Monitoring Program (MMP) adopted for this project, as printed with the adopted Initial Environmental StudyfMitigated Negative Declaration No. 2004-06. ~ Page 1 of 12 ?-\ AGENDA ITEM NO. PAGE..l.2- OF b D o r:'-' U CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 31792 A subdivision of 59.4+ acres into 191 residential lots and nine (9) open space lots APNs 347-330-045. -046. -050 tbru -053: 347-330-019: 347-360-003. -004 and -005. ......, 7. The applicant shall fund the implementation of the MMP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued by the City, and any other pertinent material, in order to monitor and report compliance with the MMP, until the completion of the project. 8. Construction on the property is subject to the terms and conditions of the Land Development Agreement executed by the City and Wasson Canyon Investments, L. P., and as amended. PRIOR TO FINAL TRACT MAP: 9. The applicant shall comply with all Conditions of Approval prepared by the Riverside County Fire Department as listed in their transmittal dated October 20, 2003 attached. 10. The Elsinore Valley Municipal Water District requires that the applicant construct facilities per the District approved Master Plan. 11. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 50, wherein the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. ......, 12. All lots shall comply with the minimum standards of the Rl Single Family Residential zone. a. Comer lots shall have a minimum 7,700 square feet. Lots 109 and 110 shall be redesigned to meet this requirement. b. All lots shall be a minimum 6,000 square feet. Lot 68 shall be redesigned to meet this requirement. 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 prior to final map approval. 15. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. Page 2 of 12 ......, AGENDA ITEM NO.-2:.L PAGE!l OF-1.Q... o v ~ CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 31792 A subdivision of 59.4+ acres into 191 residential lots and nine (9) open space lots APNs 347-330-045. -046. -050 tbru -053: 347-330-019: 347-360-003. -004 and -005. 16. The applicant shall initiate and complete the formation of a homeowners' association (HOA), and provide to the City for review and approval Covenants, Conditions and Restrictions (CC & R's) for said homeowners' association. The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. a. All HOA documents shall be approved by the City and recorded, such as the Articles of Incorporation and CC&Rs. b. CC&Rs shall prohibit on-street storage of boats, motor homes, trailers, and trucks over one-ton capacity. c. CC&Rs shall prohibit roof-mounted or front-yard microwave satellite antennas. 17. All lettered lots shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map, and until such time as a lot line adjustment is recorded removing a lettered lot from the boundaries of Tentative Tract Map No. 31792. "......... 18. The Final Map shall identify downslopes adjacent to streets as HOA Maintenance Easements or designated Open Space lots. All HOA Maintenance Easements and Open Space lots shall be planted, irrigated and maintained by the HOA. a. The downslope in Lot 3 shall be HOA maintained, unless a lot line adjustment is recorded removing the area comprising Lots 1 through 3 and the half width of "G" Street from the boundaries of Tentative Tract Map No. 31792. 19. Prior to Final Map the applicant shall rename one ofthe streets both identified as "G" Street on the tentative. PRIOR TO GRADING AND BUILDING PERMITS: 20. Construction shall be restricted until adjacent subdivisions have developed or the applicant obtains arrangements with adjacent property owners to provide fuel modification zones for this project. A Fuel Modification Plan shall be submitted to the Community Development Department for review and approval prior to the issuance of a building permit, and the Fuel Modification Plan shall be implemented prior to issuance of a Certificate of Occupancy for homes adjacent to the Plan area. 21. Construction shall be restricted until primary and secondary access roadways have been constructed through adjacent subdivisions to the site, namely "J" and "I" Streets in Tract 25478 to Rosetta Canyon Drive, "0" Street in Tract 25478 to Rosetta Canyon Drive, and /"' Page 3 of 12 AGENDA ITEM NO. J) PAGE _J2.. OF G:> 0 o '~, V CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 31792 A subdivision of 59.4+ acres into 191 residential lots and nine (9) open space lots APNs 347-330-045. -046. -050 thru -053: 347-330-019: 347-360-003. -004 and -005. ......" Rosetta Canyon Drive from "I" Street through Tract 25479 to Highway 74. 22. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday or any legal holidays. 23. Upon violation by applicant of the City's Noise Ordinance or Condition of Approval #22, applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Condition of Approval #22. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 24. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 25. All storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. ......" a. The homeowners' association shall maintain water quality basins, landscaping, and open space drainage. 26. The developer shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the Association until streets are accepted by the City. Said plans shall be approved by the City and shall be installed in accordance with City Standards. 27. The applicant shall meet all requirements ofthe providing electric utility company. 28. The applicant shall meet all requirements ofthe providing gas utility company. 29. The applicant shall meet all requirements of the providing telephone utility company. 30. A bond is required guaranteeing the removal of all trailers used during construction. 31. All signage shall be subject to Planning Division review and approval prior to installation. Page 4 of 12 ......" AQENOA ITEM NO. J- ) PAGE \ ~ OF lp 0 i ,-... ~ 36. o u CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 31792 A subdivision of 59.4+ acres into 191 residential lots and nine (9) open space lots APNs 347-330-045. -046. -050 thru -053: 347-330-019: 347-360-003. -004 and -005. 32. Landscape Plans for the tract shall include vegetative screening of all retention basins. 33. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the. City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. PRIOR TO DESIGN REVIEW: 34. All future structural development associated with this map requires separate Design Review approval. 35. Elevation drawings for Design Review shall include four-sided architectural features. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer prior to the issuance of a Certificate of Occupancy. 37. A detailed fencing plan shall be required for review and approval during the Design Review process. 38. A detailed construction phasing plan shall be required for review and approval during the Design Review process. a. Construction phasing plans shall include the location of construction fencing for each phase. b. Construction phasing plans shall indicate primary and secondary access and the location of all utilities for each phase. c. Construction phasing plans shall be designed to avoid construction traffic from entering occupied neighborhoods within the tract. ENGINEERING DIVISION 39. Dedicate and improve full-width street cross sections of all local roadways. Street cross section G, H, I and a portion ofC shall be 36-feet curb to curb on 50-feet of right-of-way. ~ Page 5 of 12 2-\ A_ENDA ITEM NO. . "'-. PAGEll.-OFJ, () U<.. ,"' ..".-"'-" v CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 31792 A subdivision of 59.4+ acres into 191 residential lots and nine (9) open space lots APNs 347-330-045. -046. -050 thru -053: 347-330-019: 347-360-003. -004 and -005. ~ Street cross section A ,B, D, E, F, J, and a portion ofC shall be 40-feet curb to curb on 60-feet of right-of-way. 40. Drainage from Lots B, C, D, E, F, G, I, J and K as well as the slope shared with adjacent tract 25478 shall be conveyed to the public right-of-way either directly or through a drainage easement. Otherwise, drainage acceptance letters shall be obtained in accordance with Condition No. 82 herein. 41. Show cross section along tract boundary with existing tract. 42. Roadway connections between streets A, D, E, G and H and the corresponding existing roadway shall be consistent with City standards for alignment, slope and cross-fall. 43. Provide notarized letter granting permission to construct improvements proposed on adjacent property from the affected property owner. 44. Storm flows conveyed off-site shall be consistent with the pre-developed volumes and mitigated for erosive velocities. Diversion of storm flows shall not be allowed unless otherwise approved by the City Engineer. 45. Street lights shall comply with the Mount Palomar Lighting Requirements. ....., 46. Graded slopes shall not exceed a 2:1 ratio unless otherwise authorized by the City Engineer. 47. 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. 48. Underground water rights shall be dedicated to the Elsinore Valley Municipal Water District (EVMWD) as required by the terms of all Will Serve letters issued by EVMWD. 49. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 50. 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. ~ 51. 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). Page 6 of ] 2 '-'" ~J AQENOA lTEM NO. -- - PAGE.J.(OF_~ 0 u v CONDITIONS OF APPROVAL FOR ~ TENTATIVE TRACT MAP NO. 31792 A subdivision of 59.4+ acres into 191 residential lots and nine (9) ODen SDace lots APNs 347-330-045. -046. -050 thru -053: 347-330-019: 347-360-003. -004 and -005. 52. 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). 53. 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. 54. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 % 55. 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). 56. 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. ~ 57. The applicant shall install 2 permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 58. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 59. 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. 60. Provide fire protection facilities as required in writing by Riverside County Fire in their transmittal dated October 20,2003 attached. 61. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 62. Developer shall annex to the City's Street Lighting and landscaping Maintenance District. 63. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 64. 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 ~ Page 7 of 12 AGENDA ITEM NO. J.- )0' PAGEJ.:1..0FJa . o o CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 31792 A subdivision of 59.4+ acres into 191 residential lots and nine (9) open space lots APNs 347-330-045. -046. -050 thru -053: 347-330-019: 347-360-003. -004 and -005. ......" installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 65. 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. 66. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 67. 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. 68. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. ...., 69. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site unless previously performed by the underlying development. In the event the project is outside the study area, a stamped letter from a Licensed Geologist or Geotechnical Engineer. 70. 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. 71. 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. 72. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyc!d to a drainage easement. 73. 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". Page 8 of 12 '-'" AQI;NDA ITEM NO. ?- ) PAGE ~ 0 OF. (pO . /""- 74. 75. 76. 77. 78. 79. 80. -. j , u v CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 31792 A subdivision of 59.4+ acres into 191 residential lots and nine (9) open space lots APNs 347-330-045. -046. -050 thru -053; 347-330-019; 347-360-003. -004 and -005. 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. Meet all requirements ofLEMC 15.64 regarding flood hazard regulations. Meet all requirements ofLEMC 15.68 regarding floodplain management. The applicant to provide FEMA elevation certificates prior to certificate of occupancies. 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. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 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. 81. 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. 82. Ten-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. 83. A drainage acceptance letter will be necessary from the adjacent downstream property owners for outletting the proposed non-historic storm water run-off on adjacent private property. Where outletting non-historic storm water run-off at quantities of flow less than historic storm water run-off onto adjacent private property, such acceptance letters shall not be required. 84. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 85. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance .r- Page 9 of 12 1).) AQENDA ITEM NO. - ~ PAGE ). \ OF {) o ..,~" u CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 31792 A subdivision of 59.4+ acres into 191 residential lots and nine (9) open space lots APNs 347-330-045. -046. -050 thru -053: 347-330-019: 347-360-003. -004 and -005. ....., responsibilities. 86. 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. 87. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 88. 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. ..., 89. 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. 90. The project shall comply with the mitigation measures recommended by the Traffic Impact Analysis for Tentative Tract Map No. 31792 conducted by Urban Crossroads, In.c. and dated January 13,2004. a. Additionally, the project shall improve Conard Avenue from Third Street to Central Avenue by installing sidewalk, curb and gutter, and A.C. paving as needed on both side of Conard Avenue. b. Additionally, a traffic signal shall be constructed at the intersection of Central Avenue and Conard Avenue before occupancy of the 20th housing unit if the signal has not been installed by others. This Condition is subject to approval of CAL TRANS for the installation of the traffic signal. If CAL TRANS determines there are not sufficient warrants for this traffic signal at the time of building permit issuance, the developer shall post securities in the amount equal to the cost of signal design and construction, until warrants are met, at which time the signal Page 10 of 12 ..., ^i~NDA 'TEM NO..-2:L I)} ~F \00_ PAOO.-d rJ- ~ - o ,,---,\ u CONDITIONS OF APPROVAL FOR - TENTATIVE TRACT MAP NO. 31792 A subdivision of 59.4+ acres into 191 residential lots and nine (9) open space lots APNs 347-330-045. -046. -050 thru -053: 347-330-019: 347-360-003. -004 and -005. shall be constructed. c. The developer will be responsible for the signal costs in addition to TIP and TUMF fees. The City agrees to enter into an agreement with the developer for reimbursement of the fair share portion of said cost attributable to other future development within the City which can be demonstrated will impact the intersection of Conard A venue and Central Avenue. COMMUNITY SERVICES DEPARTMENT 91. The applicant shall pay park mitigation fees of $1,600 per lot, totaling $305,600 for the project, or contribute an equal amount to the construction of Rosetta Canyon Park. The developer shall pay such fees at the time of the issuance of building permits on a unit by unit basis, unless the lots for which building permits are being requested are already included in a City-sponsored Community Facilities District or Assessment District which covers the cost of said fees. - 92. The BOA shall maintain all retention areas, drainage facilities and catch basins. 93. The BOA shall maintain all manufactured slopes, landscaping and trails if any, located within the open space lots or in the public right-of-way. 94. The BOA shall maintain all entry landscaping, parkways and open space. 95. No park credits shall be given for mitigation of retention areas. 96. All street intersections shall be constructed with concrete ribbon gutters for nuisance and storm water flow control. 97. The developer shall adhere to all City ordinances as they relate to recycling of construction debris and removal. 98. The developer shall provide the City with a digital inventory on all streets, street signs, street markings, and street trees in a format acceptable to the City. -- Page II of 12 AGENDA ITEM NO. ?- \ , PAGE....2:} OF ~ 0 o w CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 31792 A subdivision of 59.4+ acres into 191 residential lots and nine (9) ODen SDace lots APNs 347-330-045. -046. -050 thru -053: 347-330-019: 347-360-003. -004 and -005. .,.., ADMINISTRATIVE SERVICES DEPARTMENT 99. Prior to issuance of the first building permit, the developer shall annex into Community Facilities District No. 2003-01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 100. Prior to issuance of the first building permit, the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-of':'way landscaped areas to be maintained by the City, and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. (End of Conditions) (Riverside County Fire COAs attached) ......" Page 12 of 12 ......" AGENDA ITEM NO. ?..} PAGE 0- 'f OF Co () ttb- ~-U~ WtU j.UJ tM K1V ~U tlK~ t&t liAr NO. ~U99554~bb P. 4 1 C=L0 C\ n ..i ~. II , lO/~0/03 09:49 t-e-T41/i92 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 refer.enced 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 retrorcflective pavement markers shall be mounted on private streets, public streets and driveways to indicate loc~tion of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. r- lO.FIRE.999 MAP*-#16-HYDRANT/SPACING Schedule ~ fire protection ~pproved standard f~re hYdrants,~4"X2 1/2") located one at each street intersection and spaced no more than '1'30 feet apart in any direction, with no portion of any lot frontage more than Ild~ feet from a hydrant. Minimum fire flow shall be ,000 -app:rfor 2 hour duration at 20 PSI. Shall include perimeter streets at each intersection and spaced 660 feet apart. DRAFT 50. PRIOR TO MAP RECORDATION FIRE DEPARTMENT SO.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 Supervisors. Any building constructed on lots created by tnis land division shall comply with the special construction provisions contained in Riverside County Ordinance 787. 50.FIRJ::.999 MAP*-#43-ECS-ROOFING MATERIAL DRAFT r-- EC$ map must be stamped by the Riverside County surveyor with the following note: All buildings shall be constructed with class "~I material as per the California AGENDA ITEM NO.2) PAGE ?~ OF ~ 0 FEB 04 '04 14:41 9l2l99554886 PAGE. 04 rao- 4-U4 w~u j;Ub ~M 10 V \.,U It llU. PH 00 ~-rd.?I79( Riverside County LMS CONDITIONS OF APPROVAL HI NO. ~U~8~~4~~b Or} _..0 P. 5 10/20/03 09:49 Page: 2 Library-Conditions ......" 50. PRIOR TO MAP RECORDATION 50.FIRE.999 MAP*-#43-ECS-ROOFING MATERIAL (cont.) DRAFT 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 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, spacing and minjmum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. SO.F!RE.999 MAP-#S3-ECS-WTR PRIOR/COMBUS - DRAFT Bcs 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 appropriat~ water agency prior to any combustible building material placed on an individual lot. ......" ?-J AGENDA ITEM NO. t).. 6 OF ~ 0_ PAGE - FEE 04 '04 14:42 9099S54886 PAGE. es reti- 4-U4 WhU 3:Ub PM RIV CO FIRE PH 00 FAX NO. 9099554886 Vf1 LE - nt.. 1/79 2-'" Riverside County LMS CONDITIONS OF APPROVAL P. 6 10/20/03 ~09:49 Page: 3 Library Conditions 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 sr~uld 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 FIRE DRPARTMENT FUEL MODIFICATION REQUIREMENT, SHALL HAVE CONCURRENCE WITH THE RESPONBILE WILDLIFE AND/OR OTHER CONSERVATION AGENCY. eo. PRIOR TO BLDG PRMT ISSUANCE FIRE DEPARTMENT eO.FIRE.999 MAP-#50B-lIYDRANT SYSTEM DRAFT p~ior to the release of your installation, site prep and/or building permits from Building and Safety. Written cer.tification from the appropriate water district that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. Also a map or APN page showing the location of the fire hydrant and access to the property. ------ AGENDA ITEM NO. 'J- \ PAGE II OF_G 0 FEB 04 '04 14:43 9099554886 PAGE. 06 DRAFT MINUTES FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 7, 2004 '-' '-' '-' :L\ AGENDA ITEM N9. . PAGE..1:i OF en D_ PAGE 9 - PLANNING CDMMISSIONMINUfES - September 07, 2004 ~ MOVED BY O'NEAL, SECONDED BY RYAN AND PASSED BY A UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE RESOLUTION NO. 2004-124, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINOR APPROVAL OF TENT ATIVE PARCEL MAP NO. 32575. /"'" 6. O1ainnan LaPere opened the Public Hearing at 6:51 Report. . Director of Community Development Brady Zone O1ange and a Mitigated Negative DeclaratIon, review it with the Commission. Planning. . square fron which co that . s that are proposed at a minimum of 6,000 ,000 square feet in the Specific Plan. She stated that the . h is also larger than the 50 feet in the Specific Plan, ndards. a letter into the record from the Henry's that give support to the from Bruce Eichorn with Dud's Ranch who is opposed to the Mr. Eichorn letter was forward to the Oty's Attorney Office. She . roject, and recommends that the Planning Commission approve and adopt a Resolution base n the Findings, Exhibits, and is subject to the Conditions of Approval. She indicated that she would like to make a change to the Conditions of Approval. She stated that Commissioner Uhlry has brought to her attention that Condition No. 88 and 89 are repetitious, and recommends that Condition No. 89 be deleted, and modifythe wording in Condition No. 88. O1airman LaPere requested Deputy Oty Attorney Miles to address the opposition letter from Mr. Eichorn that addressed a number of improvements that should have been completed on the property, arising out of Community Facilities District No. 90-3. He stated that this property is Agenda ItelblO ).. \ Page J.. of 6 () ~ PAGE 10 - PLANNING COMMISSION MINUTES - September 07,2004 subject to a workout agreement with respect to CFD 90-3. He stated that there is a land development agreement for this . property that would provide this property with the appropriate terms on how the project would proceed. ~ O1airman LaPere requested Mr. Fitzpatrick to approach the podium. Mr. Fitzpatrick, Director of Development with Eastbridge Partne aerial photo, which outlines three areas. He pointed out to one a Wasson Canyon, Phases 1 and 2. He stated that the project is 1990. He stated that he has no objections to the Staff Rep tated that he submitted an Rosetta Canyon Estates, er project that was approved in d be available for comments. O1airman LaPere asked Mr. Fitzpatrick if he agreed t Mr. Fitzpatrick stated "Yes". O1airman LaPere asked Mr. Shopoff to approach the Mr. Bill Shopoff, 114 Pacifica, IlVine, comments regarding the workout agreem of the issues d with Deputy Gty Attorney Miles . chorn is not fully informed of all There being no further for comments. "Brought back to the Commission ~ s very thorough, and concurs with Staff Co a traffic signal provide. Commissioner Uhlry sta that he felt that the placement of the traffic signal was to close to the other signal. He stated that he did not want to create a Wmchester Road. Mr. Fitzpatrick stated that it would improve the traffic. Commissioner Uhlry stated that he would still like to see the traffic signal dropped. Agenda Item No ~I Page -1..CL of t.o 0 '-' PAGE 11 - PLANNING CDMMISSION MINUTES - September 07,2004 ",-.. Engineering Manager Seumalo stated that the traffic signal confirms with the GIS program He stated that spacing is sufficient between signals. He stated that it would help with the flow of traffic. He indicated that Staff is working with Cal- Trans, and Cal- Trans is in Control. Commissioner Uhlry stated that he is still not convinced that a traffic signal is needed. Mr. Fitzpatrick stated that it consists of 1" consists of slopes. Planning Consultant Donahoe stated that a Traffic Study was c signal would help mitigate the impacts. Engineering Manager Seumalo stated that he would be more than ha Mr. Fitzpatrick stated that he does not object to connects with )'d street from Rosetta Estates and, tated that this project ow. Commissioner Uhlry stated that he withdra"WS comments. no further Olairman LaPere asked the estimated s primarily the open space ",-.. Olairman LaPere as Mr. . strict has purchased 14 acres". Commissioner of the project. provements would be done sometime during the development Mr. Shopoff stated that t,~ improvements would be similar, but not exact. There being no further comments Olairman LaPere closed the Public Hearing at 7:24 PM and requested the reading of the Resolutions. · MOVED BY O'NEAL, SECONDED BY RYAN AND PASSED BY A UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE RESOLUTION NO. 2004-U6, A Agenda Item No :).1 Page 3L of C;, 0 /"'" PAGE 12 - PLANNING COMMISSIONMINUfES - September 07,2004 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE DELCARATION NO. 2004-06 AND THE MIT ATION MONITORING PROGRAM THEREOF, FOR ZONE CHANGE NO. 2004-09, AND TENTATIVE TRACf MAP NO. 31792, ON APPROXIMATELY 59.4:t ACRES LOCATED SOUTHE T OF HIGHWAY 74, NORTHEAST OF INTERSTATE 15, AND EAST OF T INTERSECTION OF CONARD AVENUE AND THIRD STREET, AND KNO SESSOR'S PARCEL NOS 347-330-045, 046, 050 THRU 053; 347-330-019; 347-36 , 004 AND 005. BY A UNANIMOUS NO. 2004-127, A CITY OF LAKE ~ SED BY A UNANIMOUS OLUTION NO. 2004-128, A ~ Commissioner La Design Review that t w' ded to the applicant that when this project comes back for the <t't;uld be unique. 7. Tentative Condominium Map No. 32670. Residential Design Review No. 2004-10 and Conditional Use Permit No. 2004-24 for "Belcaro". Chairman LaPere opened the Public Hearing at 7:28 PM, and requested the reading of the Staff Report. Agenda Item No J... \ Page ----1...bof fn 0 ~ ~ PLANNING COMMISSION STAFF REPORT OF SEPTEMBER 7, 2004 ~ /"""'- NO 2- \ - AGENDA HEM. 0 PAGE- ~3_ OF - ~ - - n .........., I City cCLake Elsinore Planning Division 130 S. Mal Street Uke EisnoR; CA 92530 (909) 674-3124 (909) 4n-1419 fax PLANNING COMMISSION STAFF REPORT '--' DATE: September 7, 2004 TO: Chairman and Members of the Planning Conunission FROM: Robert A Brady, Community Development Director PREPARED BY: Carole K. Donahoe, AICP, Planning Consultant Zone Change No. 2004-09, Tentative Tract Map No. 31792, and Mitigated Negative Declaration No. 2004-06 ~ PROJECT TITLE: APPLICANT: Wasson Canyon Investments, L.P. (Eastbridge Partners), 114 Pacifica, # 245, Irvine, CA 92618 OWNER: TMP Mortgate Income Plus, Ltd. (Rancon), 27740 Jefferson Ave., # 200, Temecula, CA 92590 PROJECT REQUEST: · The applicant requests approval to change the zoning of a portion of the subject property from "RR Rural Residential" to "Rl Single Family Residential." · The applicant requests approval of Tentative Tract Map No. 31792 (TIM 31792) to subdivide 59.4+ acres of vacant property into 191 single family residential lots and nine (9) open space lots. · The applicant requests adoption of Mitigated Negative Declaration No. 2004-09 and the Mitigation Monitoring Program thereto. These applications are pursuant to Chapter 17.84 (Amendments), Chapter 17.23 (Rl Single Family Residential District) and TItle 16 (Subdivisions) of the Lake Elsinore Municipal Code (LEMq and State of California Subdivision Map Act. The project complies with the California Environmental Quality Act (CEQA) per Section 15070 (b) - Mitigated Negative Declarations. '--' ~~ ~ AGENDA ITEM NO. PAGE 3Y OF (!)D n 0,-_ r) '" PLANNING COMMISSION STAFF REPORT SEPTEMBER 7, 2004 PAGE 2 of8 PROJECT TITLE: ZONE CHANGE NO. 2004-09, TENTATIVE TRACT MAP NO. 31792, & MITIGATED NEGATIVE DECLARATION NO. 2004-06 PROJECT LOCATION: The site is located southeast of Highway 74, northeast of Interstate 15, and east of the intersection of Conard Avenue and Third Street, and known as Assessor's Parcel Nos. 347-330-045, -046, -050 thru -053; 347-330-019; 347-360-003, -004 and -005. ENVIRONMENTAL SETTING: ~ EXISTING LAND USE I ZONING GENERAL PLAN RR Rural Residential & R1 Lpw Medium Density Project Site Vacant Single Family Residential. Residential (6 dwellings per acre) Ramsgate Specific Plan North Vacant, (Open Space, Community Ramsgate Specific Plan under construction Park) R1 Single Family Very Low Density South Vacant Residential & Resident'l (10 acre RR Rural Residential min) & Freeway Bus. Ramsgate Specific Plan Ramsgate SP, Low East Vacant (Residential, Schoon and Medium & Very Low RR Rural Resid'l Density Residential West Residential County County PROJECT DESCRIPTION: The applicant proposes to subdivide approximately 59.4 acres of vacant land into 191 single family residential lots that vary in size from 6,000 square feet to 15,700 square feet, and nine (9) open space lots. Only four of the lots are at the minimum size of 6,000 square feet, and the average lot size is 8,000 square feet. The density yield is 3.22 dwelling units per acre. This proposed subdivision is adjacent to Tentative Tract Map No. 25478 (TIM 25478) to the east which was approved in August 2003 as part of the Ramsgate Specific Plan. The project is a continuation of the Ramsgate development and takes access from roadways in this map, connecting" A" Street and "G" Street to stub streets that outlet onto to Rosetta Canyon Drive (formerly Ramsgate Drive). The proposed project also ties into Third Street to the west. ~ To accommodate this proposal, a zone change request was prepared for a portion of the subject site from RR Rural Residential to R1 Single Family Residential, bringing the entire land holding into confonnance with the existing General Plan designation of Low Medium Density Residential, 6 dwelling units per acre. AGENDA ITEM NO. :2..) PAGE.LS:..OF ~ 0 o IJ PLANNING COMMISSION STAFF REPORT SEPTEMBER 7, 2004 PAGE 30fS ......, PROJECT TITLE: ZONE CHANGE NO. 2004-09, TENTATIVE TRACf MAP NO. 31792, & MITIGATED NEGATIVE DECLARATION NO. 2004-06 ANALYSIS Area Development The proposal is a logical extension of the single family residential development already under construction in the Ramsgate Specific Plan. However, the lot sizes are proposed at a higher minimum of 6,000 square feet, rather than the 4,000 and 5,000 square feet in the Specific Plan. The lot widths of 60 feet are also wider than the 50 feet in the Specific Plan, in order to comply with the R-l Zoning Code standards.' Road widths, however, are designed to match up to those extending to it from the Ramsgate Specific Plan. The proposal provides key circulation linkages to the west as well, that tie into single family residential subdivisions proposed by adjacent property owners. Eastbridge Partners own several of the adjacent lots, either in partnership with others or by themselves. A schematic of their intention to subdivide the adjacent properties around existing residences is shown on Exhibit 'G.' Linkages are provided by tying into Old Ranch Road, Third Street, and by designing "G" Street as a stub street. Buffer for Rural Residences ......, Two existing residences abut the site to the west both on approximately two and a half acre parcels. However, given the nature of the future development plans of their neighbors, the applicant requests that the Commission accept the design of their map without the buffer required by the Otis Zoning Code R-l standards. Staff concurs with the applicant, having spoken to the Bartolotti's regarding their property, and given that the project is an extension of the Ramsgate development to the east. The Zoning Code allows the Planning Commission and Gty Council flexibility in determining an appropriate buffer in those cases where the applicant shows good cause. Adjacent to the Rosetta Canyon Community Park Rosetta Canyon park, a 32.9 acre community park that abuts the project site to the north, has already been designed and prepared for construction. This project shall pay Quimby &t fees totaling $305,600 which will contribute towards the completion of the park as well as other recreational facilities in the Gty. ENVIRONMENTAL DETERMINATION In accordance with Section 15063 of the State California Environmental Quality &t (CEQA) Guidelines, an Initial Study was prepared to provide the city with information to use as the basis for determining whether an Environmental Impact Report, Negative Declaration, or Mitigated Negative Declaration would be appropriate for providing the necessary environmental documentation and clearance for this project. The results of the Study determined that, although the proposed project ......, could have a significant effect on the environment, there will not be a significant effect in this case AGENDA ITEM NO. ~ ~ \ ~ PAGE ~ ) b OF b 0 n r\ , ~ PLANNING COMMISSION STAFF REPORT SEPTEMBER 7, 2004 PAGE 40fS PROJECT TITLE: ZONE CHANGE NO. 2004-09, TENTATIVE TRACT MAP NO. 31792, & MITIGATED NEGATIVE DECLARATION NO. 2004-06 because revisions in the project have been made by or agreed to by the project proponent. A Mitigated Negative Declaration has been prepared. A Notice of Intent to Adopt a Mitigated Negative Declaration was filed, and a Notice of Completion & Environmental Document Transmittal was circulated to interested entities for a 30- day review period. Five agencies responded, and in an effort to provide the Planning Commission andGty Council with all avcii1able information regarding this project, a Response to Comments was prepared. Findings of Significance are detailed below, and a copy of the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, Response to Comments, and Technical Appendices are included with this Staff Report, as Exhibit 'P.' STAFF'S RECOMMENDATION Mitigated Negative Declaration No. 2004-06 Staff recommends that the Planning Commission adopt Resolution No. 2004-_, recommending to the Gty Council adoption of Mitigated Negative Declanition No. 2004-06 and the Mitigation ,-... Monitoring Program thereto for this project, based on the following Findings and Exhibit 'F.' Findings for Mitigated Negative Declaration No. 2004-06: 1. Through development of the proposed project, the immediate natural environmental will change from a natural setting to a suburban one. This change is not necessarily considered a substantial, nor significant degradation to the environment. The project will not substantially reduce the habitat of a fish or wildlife species, nor will it cause a population to drop below self-sustaining levels. The project will not eliminate a plant or animal community, nor reduce the number or range of a rare or endangered plant or animal. The site contains no known historical resources. 2. The proposed project has individual impacts that can be mitigated to below the level of significance. The project's contribution to cumulative noise impacts are insignificant when considered in light of the contribution to traffic noise resulting from projects within the vicinity. No considerable cumulative impacts will occur as a result of the proposed project. 3. Based upon current knowledge as to the nature of the proposed project, the Initial Study does not identify any potential adverse effects on human beings. >> Zone Change No. 2004-09 Staff recommends that the Planning Commission adopt Resolution No. 2004 - _, recommending /"" to the Gty Council approval of Zone Change No. 2004-09, based on the following Findings and Exhibit Do' No J- \ - AGENDA ITE.M . ~. ~ PAGE.) ~OF_ D_ n r-') PLANNING COMMISSION STAFF REPORT SEPTEMBER 7t 2004 PAGE 50fS '-' . PROJECT TITLE: ZONE CHANGE NO. 2004-09t TENTATIVE TRACT MAP NO. 31792t & MITIGATED NEGATIVE DEa..ARATION NO. 2004-06 Findings for Zone Change No. 2004-09: 1. The proposed amendment will not be (1) detrimental to the health, safety, comfort, or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the Gty, (2) injurious to property or improvements in the neighborhood or within the Gty. a. The proposed zoning of R-l Single Family Residential brings the entire site into conformance with the General Plan designation already on the property of Low Medium Density Residential, 6 dwelling units per acre b. The proposed zoning of R-l Single Family Residential is the most similar zoning to the residential development occurring within the adjacent Ramsgate Specific Plan. c. The proposed R-l zone provides development standards that protect the public healthy, safety and general welfare of persons residing or working within the neighborhoods in the area or within the City. The proposed project shall comply with these standards. d. The project site constitutes an island of existing RR - Rural Residential zoning, between the'-' residential uses in the Ramsgate Specific Plan, R-1 zoning to the south, and existing residential neighborhoods to the west. 2. The proposed amendment will be consistent with the latest General Plan. a. The proposed R-l zoning is consistent with the existing General Plan designation of Low Medium Density Residential, 6 dwelling units per acre. Tentative Tract Map No. 31792 Staff recommends that the Planning Commission adopt Resolution No. 2004-_, reconunending to the Gty Council approval of Tentative Tract Map No. 31792, based on Exhibit 'F' and the following Findings, and subject to the Conditions of Approval for Tentative Tract Map No. 31792. Findings for Tentative Tract Map No. 31792: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the Gty of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). ......., 2) AGENDA ITEM NO. PAGE 3'6 OF L~ 0 n n ",....... PLANNING COMMISSION STAFF REPORT SEPTEMBER 7, 2004 PAGE 60fS PROJECT TITLE: ZONE CHANGE NO. 2004-09, TENTATIVE TRACT MAP NO. 31792, &: MITIGATED NEGATIVE DECLARATION NO. 2004-06 a. The design of the subdivision and density of 3.22 dwelling units per acre are consistent with the proposed General Plan designation of Low Medium Density Residential, up to 6 dwelling units per acre. b. The project proposes single family residential lots ranging in size from 6,000 square feet to 15,700 square feet, which meet the R-1 zoning minimum. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. a. The overall density proposed by this project is consistent with the adjacent Ramsgate Specific Plan. b. The map provides open space areas that protect the natural topography and views. ----- 3. The effects that this project 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. a. The project is consistent with the Gtis General Plan. During the approval of Gtis General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the Gty. b. The map has been conditioned to annex into Community Facilities District 2003-1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the Gty. c. The map has been conditioned to annex into Lighting and Landscape Maintenance District No.1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained by the Gty, and for street lights in the public right-of-way for which the Gty will pay for electricity and a maintenance fee to Southern California Edison. 4. Subject to the attached conditions of approval, the proposed division is not anticipated to result in any significant environmental impact. a. An Initial Study was prepared for this project which identified potentially significant environmental effects, but proposals made or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. ----- b. There is no substantial evidence that the project may have a significant effect on the environmental. AGENDA ITEM NO.--.2..L.. PAGE-15 OF (p D n r) PLANNING COMMISSION STAFF REPORT SEPTEMBER 7, 2004 PAGE 7of8 "'" PROJECT TITLE: ZONE mANGE NO. 2004-09, TENTATIVE TRACT MAP NO. 31792, & MITIGATED NEGATIVE DECLARATION NO. 2004-06 c. Mitigation measures are required to ensure all potentially significant impacts are reduced to levels of insignificance. Tentative Tract Map No. 31792 has been conditioned to comply with these mitigation measures. 5. The design of the proposed division of land or type of improvements are not likely to cause serious public health problems. a. Tentative Tract Map No. 31792 is conditioned to comply with all development standards of the R1 Single Family Residential Zone. These standards are in place to benefit the public health, safety and welfare. 6. The design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. a. All known easements or requests for access have been incorporated into Tentative Tract Map No. 31792. ....." b. The adjacent property owner to the wet requested access through Tentative Tract Map No. 31792. This map has been designed with "G" Street to stub at the westerly boundary, thereby allowing this connection. c. The map has been circulated to Gty departments and outside agencies, and appropriate conditions of approval have been applied for their approval during construction. PREPARED BY: . g & Code Enforcement Manager REVIEWED BY: APPROVED BY: ....." AGENDA ITEM NO. '2.. \ - PAGE ~CbF Q ~ Q,-. n o ,-..... PLANNING COMMISSION STAFF REPORT SEPTEMBER 7, 2004 PAGE S ofs PROJECf TITLE: ZONE CHANGE NO. 2004-09, TENTATIVE TRACT MAP NO. 31792, & MITIGATED NEGATIVE DECLARATION NO. 2004-06 Attachments: 1. Exhibit 'A' - Vicinity'Map 2. Resolution for Adoption of Mitigated Negative Declaration No. 2004-06 3. Exhibit 'B' - Initial Study / Mitigated Negative Declaration No. 2004-06 and Mitigation Monitoring Program, Response to Comments, and Technical Appendices (Binder) 4. Resolution for Approval of Zone Cllange No. 2004-09 5. Exhibit 'C - Zone Cllange No. 2004-09 (81/2" x 11") 6. Exhibit 'D' - Zone Cllange No. 2004-09 - Color Exhibit (Enclosure) 7. Resolution for Approval of Tentative Tract Map No. 31792 a. Conditions of Approval for Tentative Tract Map No. 31792 8. Exhibit 'E' - Tentative Tract Map No. 31792 (8~" x 11") 9. Exhibit 'P' - Full-sized Tentative Tract Map No. 31792 (Enclosure) 10. Exhibit 'G' - Schematic Design of Adajcent Properties (Enclosure) "..--- 11. Exhibit 'H' - Reduced Colored Illustrative of TIM No. 31792 and Schematic Design of Adjacent Properties (Enclosure) ",,-.. AGENDA ITEM NO.....1:.L- PAGE 4 l OF.b D . t-" ( ') VICINITY MAP WASSON CANYON INVESTMENTS ZONE CHANGE 2004-09 AND TTM 31792 ......, PLANNING COMMISSION MEETING SEPTEMBER 7. 2004 EXHIBIT 'A / AQENDA ITEM NO.1} - PAGEl.l.oF CoO ~. n ( ) f ,..... RESOLUTION NO. 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF MIITIGATED NEGATIVE DECLARATION NO. 2004-06 AND THE MITIGATION MONITORING PROGRAM THEREOF, FOR ZONE CHANGE NO. 2004-09, AND TENTATIVE TRACT MAP NO. 31792, ON APPROXIMATELY 59.4:t ACRES LOCATED SOUTHEAST OF HIGHWAY 74, NORTHEAST OF INTERSTATE 15, AND EAST OF THE INTERSECTION OF CONARD A VENUE AND THIRD STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-330-045, -046, -050 THRU -053; 347-330-019; 347-360-003, -004 AND -005. WHEREAS, an application has been filed with the City of Lake Elsinore by r-. Wasson Canyon Investments, L.P. to change the zoning designation, and to divide approximately 59.4:t acres of unimproved property into 191 residential lots and nine (9) open space lots; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to amendments and the 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 September 7, 2004; NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed mitigated negative declaration prior making a decision to recommend that the City Council adopt the Mitigated Negative Declaration No. 2004-06 and the Mitigation Monitoring Program thereof. Pursuant to Section 15063, ofthe California Environmental Quality Act (CEQA), it has been determined that: ,..... AGENDA ITEM NO. :J- \ PAGE '-I~OF ~ 0 n () , RESOLUTION NO. 2004- MITIGATED NEGATIVE DECLARATION NO. 2004-06 SEPTEMBER 7, 2004 PAGE 20F2 ......, I. Through development of the proposed project, the immediate natural environmental will change from a natural setting to a suburban one. This change is not necessarily considered a substantial, nor significant degradation to the environment. The project will not substantially reduce the habitat of a fish or wildlife species, nor will it cause a population to drop below self-sustaining levels. The project will not eliminate a plant or animal community, nor reduce the number or range of a rare or endangered plant or animal. The site contains no known historical resources. 2. The proposed project has individual impacts that can be mitigated to below the level of significance. The project's contribution to cumulative noise impacts are insignificant when considered in light of the contribution to traffic noise resulting from projects within the vicinity. No considerable cumulative impacts will occur as a result ofthe proposed project. 3. Based upon curr~nt knowledge as to the nature of the proposed project, the Initial Study does not identify any potential adverse effects on human beings. NOW, THEREFORE, based on the above findings, the Planning Commission of ......, the City of Lake Elsinore DOES HEREBY RECOMMENDS that the City Council of the City of Lake Elsinore adopt Mitigated Negative Declaration No. 2004-06 and the Mitigation Monitoring Program thereof. Ron LaPere, Chairman Lake Elsinore Planning Commission I hereby certify that the preceding Resolution was adopted by the Planning Commission at a meeting thereof conducted on September 7, 2004 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Robert A. Brady, Secretary to the Planning Commission ....,. 2..) AGENDA ITEM NO. PAGE 4 ~ OF en 0 ~ f~ ~ RESOLUTION NO. 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF ZONE CHANGE NO. 2004-09, CHANGING THE ZONING FROM "RR - RURAL RESIDENTIAL" TO "Rl - SINGLE FAMILY RESIDENTIAL," ON APPROXIMATELY 31.25:t ACRES 'LOCATED SOUTHEAST OF HIGHWAY 74, NORTHEAST OF INTERSTATE 15, AND EAST OF THE INTERSECTION OF CONARD AVENUE AND THIRD STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-330-045, -046,016,018 AND -019. WHEREAS, an application has been filed with the City of Lake Elsinore by Wasson Canyon Investments, L.P. to change the zoning on approximately 31.25:,: acres of unimproved property from "RR - Rural Residential" to "Rl - Single Family Residential;" and ,--.. WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to amendments; 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 September 7,2004; NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed zone change, prior to making a decision to recommend that the City Council approve the proposal to change the zoning from "RR Rural Residential" to "Rl Single Family . Residential." Pursuant to Section 15063, of the California Environmental Quality Act (CEQA), it has been determined that: ,,- AGENDA ITEM NO. ). \ "" PAGE~OF ~ 0 n ( ) RESOLUTION NO. 2004- ZONE CHANGE NO. 2004-09 SEPTEMBER 7, 2004 . PAGE 20F3 ......, 1. Through development of the proposed project, the immediate natural environmental will change from a natural setting to a suburban one. This change is not necessarily considered a substantial, nor significant degradation to the environment. The project will not substantially reduce the habitat of a fish or wildlife species, nor will it cause a population to drop below self-sustaining levels. The project will not eliminate a plant or animal community, nor reduce the number or range of a rare or endangered plant or animal. The site contains no known historical resources. 2. The proposed project has individual impacts that can be mitigated to below the level of significance. The project's contribution to cumuiative noise impacts are insignificant when considered in light of the contribution to traffic noise resulting from projects within the vicinity. No considerable cumulative impacts will occur as a result ofthe proposed project. 3. Based upon current knowledge as to the nature of the proposed project, the Initial Study does not identify any potential adverse effects on human beings. SECTION 2. That in accordance with the City of Lake Elsinore Municipal Code the following findings for the approval of Zone Change No. 2004-09 have been made as follows: ....., 1. The proposed amendment will not be (1) detrimental to the health, safety, comfort, or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, (2) injurious to property or improvements in the neighborhood or within the City. a. The proposed zoning of R-l Single Family Residential brings the entire site into conformance with the General Plan designation already on the property of Low Medium Density Residential, 6 dwelling units per acre b. The proposed zoning of R-l Single Family Residential is the most similar zoning to the residential development occurring within the adjacent Ramsgate Specific Plan. · c. The proposed R-l zone provides development standards that protect the public healthy, safety and general welfare of persons residing or working within the neighborhoods in the area or within the City. The proposed project shall comply with these standards. ...., ).) AGENDA ITEM NO. . PAGE L\ ~ OF (0 D n ( ) " RESOLUTION NO. 2004- ZONE CHANGE NO. 2004-09 SEPTEMBER 7, 2004 PAGE 30F3 d. The project site constitutes an island of existing RR - Rural Residential zoning, between the residential uses in the Ramsgate Specific Plan, R-I zoning to the south, and existing residential neighborhoods to the west. 2. The proposed amendment will be consistent with the latest General Plan. a. The proposed R-I zoning is consistent with the existing General Plan designation of Low Medium Density Residential, 6 dwelling units per acre. NOW, THEREFORE, based on the above findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake Elsinore approve Zone Change No. 2004-09. ~ Ron LaPere, Chairman Lake Elsinore Planning Commission I hereby certify that the preceding Resolution was adopted by the Planning Commission at a meeting thereof conducted on September 7,2004 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: -- Robert A. Brady, Secretary to the Planning Commission AGENDA ITEM NO. ')-1 PAGETIOF (pO il ."j; i ./ I i ;;.~/ /Z, .~_.. ,X, fl" /., .' .' -i~ /1.:. .':. ,/ / T.TM-25478 // ,.;0/., '.\:..""._c ~:~:jlt',g ,/ i 1./ ..- ._,.....'f......._ .A. nn -- - - .::::--: ~-- - '-' COUNTY nn _347-35-4115 RR _ 347-36-006 -- COUNTY Rl RR _347~ _347._ RR _347'_7 -- -- Prepared r-. ZONING. DESIGNATIONS (D. o @ Abuts East End ~fThird Street I RR: Existing Rural Residential Abuts South End of .- Street in Ramsgate TR. 25478 - ' Abuts South End of.... Street in Ramsgate TR. 25478 Zone Change Area RR (Rural Residential) to R1 (Single Family Residential) Balance ofT. T. 31792 Boundary I · -, Distance to Adjacent R1: Single Family Residential County WASSON CANYON .INVESTMENTS, {P- 114 PACIFIO., SUITE 24S IRVINE, CA 92618 PHONE (949) 417- 1396 . FAX(949)417- 1399 """ored By: HUNSAKER &. ASSOCIATES IRVINE, INC. Dale: AugustZ7, 2004 w.o.: Z874-1 Rmame: IT 3179Z ZDnrt: bhh '-' r---~ ---.. EXHIBIT \ ~ / T. T 31792 ~.' ., .:~ :hib'it - ...... "-" ..... mlJJ1& ~ pc. if - 7 - ~ 1- " PAGE--=riOF ~ 0 ~. - Iff n (\ r....-,,' l \ .... "....., RESOLUTION NO. 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF TENTATIVE TRACT MAP NO. 31792, A SUBDIVISION OF 191 RESIDENTIAL LOTS AND NINE OPEN SPACE LOTS, ON APPROXIMATELY 59.4j: ACRES LOCATED SOUTHEAST OF HIGHWAY 74, NORTHEAST OF INTERSTATE 15, AND EAST OF THE INTERSECTION OF CONARD AVENUE AND THIRD STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-330-045, -046, -050 THRU -053; 347-330-019; 347-360-003, -004 AND -005. WHEREAS, an application has been filed with the City of Lake Elsiriore by Wasson Canyon Investments, L.P., to divide approximately 59.4::t acres of unimproved property into 191 residential lots and nine (9) open space lots; and ~ WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land; and WHEREAS, public notice of 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 September 7, 2004; NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed general plan amendment, zone change and subdivision, prior to making a decision to recommend that the City Council approve the proposal to subdivide approximately 59.4 ::t acres into 191 residential lots and nine (9) open space lots. Pursuant to Section 15063, of the California Environmental Quality Act (CEQA), it has been determined that with mitigation measures in place, Tentative Tract Map No. 31792 vyill not have a significant effect because of such measures and the revisions in the project. 1. Through development of the proposed project, the immediate natural environmental will change from a natural setting to a suburban one. This change is not necessarily considered a substantial, nor significant degradation to the environment. The project will not substantially reduce the habitat of a fish or wildlife species, nor will it cause a population to drop below self-sustaining AGENDA ITEM NO. ~\ PAGE..:i1. OF ~ 0 /""' -- o I " r) RESOLUTION NO. 2004- TENTATIVE TRACT MAP NO. 31792 SEPTEMBER 7, 2004 PAGE 20F4 "'"'-' levels. The project will not eliminate a plant or animal community, nor reduce the number or range of a rare or endangered plant or animal. The site contains no known historical resources. 2. The proposed project has individual impacts that can be mitigated to below the level of significance. The project's contribution to cumulative noise impacts are insignificant when considered in light of the contribution to traffic noise resulting from projects within the vicinity. No considerable cumulative impacts will occur as a result of the proposed project. 3. Based upon current knowledge as to the nature of the proposed project, the Initial Study does not identify any potential adverse effects on human beings. SECTION 2. That in accordance with State of California Subdivision Map Act, and the City of Lake Elsinore Municipal Code the following findings for the approval of Tentative Tract Map No. 31792 have been made as follows: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). ....." a. The design of the subdivision and density of 3.22 dwelling units per acre are consistent with the proposed General Plan designation of Low Medium Density Residential, up to 6 dwelling units per acre. b. The project proposes single family residential lots ranging in size from 6,000 square feet to 15,700 square feet, which meet the R-l zoning mInImum. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. a. The overall density proposed by this project is consistent with the adjacent Ramsgate Specific Plan. b. The map provides open space areas that protect the natural topography and VIews. 3. The effects that this project 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. AGENDA '.TEM NO. ii PAGE-5]2..0F 0 ....." n /) /'" RESOLUTION NO. 2004- TENTATIVE TRACT MAP NO. 31792 SEPTEMBER 7, 2004 PAGE 30F4 a. The project is consistent with the City's General Plan. During the approval of City's General Plan. housing needs. public services and fiscal resources were scrutinized to achieve a balance within the City. b. The map has been conditioned to annex into Community Facilities District 2003-1 to offset the annual negative fiscal impacts ofthe project on public safety operations and maintenance issues in the City. c. The map has been conditioned to annex into Lighting and Landscape Maintenance District No.1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained by the City. and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 4. Subject to the attached conditions of approval. the proposed division is not anticipated to result in any significant environmental impact. /'" a. An Initial Study was prepared for this project which identified potentially significant environmental effects. but proposals made or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. b. There is no substantial evidence that the project may have a significant effect on the environmental. c. Mitigation measures are required to ensure all potentially significant impacts are reduced to levels of insignificance. Tentative Tract Map No. 31792 has been conditioned to comply with these mitigation measures. 5. The design of the proposed division of land or type of improvements are not likely to cause serious public health problems. a. Tentative Tract Map No. 31792 is conditioned to comply with all development standards of the Rl Single Family'Residential Zone. These standards are in place to benefit the public health, safety and welfare. 6. The design of the proposed division of land or the type of improvements will not conflict with easements. acquired by the public at large. for access through or use of property within the proposed division of land. ""..-. AGENDA ITEM NO. 2 } PAGE..2l0F~ ~ r) RESOLUTION NO. 2004- TENTATIVE TRACT MAP NO. 31792 SEPTEMBER 7, 2004 PAGE 40F4 ......, a. All known easements or requests for access have been incorporated into Tentative Tract Map No. 31792. b. The adjacent property owner to the west requested access through Tentative Tract Map No. 31792. This map has been designed with "G" Street to stub at the westerly boundary, thereby allowing this connection. c. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval during construction. NOW, THEREFORE, based on the above findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake Elsinore approve Tentative Tract Map No. 31792. Ron LaPere, Chairman Lake Elsinore Planning Commission ....., I hereby certify that the preceding Resolution was adopted by the Planning Commission at a meeting thereof conducted on September 7, 2004 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Robert A. Brady, Secretary to the Planning Commission AGENDA ITEM NO. ').) , PAGE 6 ~ OF ~ () ....., ')~ '. '7; ~,':"::i", r}> ,;;," 1''i:fhl~>+~'l '( >.L', ',' t-->f':;,r .;,~: "i"";I,,,.,,I\' ",.:'.:, ~;;~;~., " " . ',i,. ;~2.t <:' "j',; ~7ff,:'" i" "'-""'i" "t".".,'-.,.," ":'><'), ;", ,,' ",,:;, """ ',,: """",~~~:l',!~ ,\/;:k,;' :>>j.' (,/'i,'" ,! ' ';ri~I~~'- <:,,:,.: ",,'f"'~.,,}":',it;, .',".,' , , ,'<'>",;, ..' ." "!,:>', .,; ,:<' ;'1" i.,):; <;:~,~".,-;' " , ' -""" "","?:";" ',' ,'",. /I 'j --"", , '" o ,-... I 11','1, Ii;;; OJ i 1111.111,1;1> ! , . .. . II . Il'i' I I Ii. I I ~111'lr!II!11 ! 1 I I! I ill ! gl!"!'~il'lhl! 1.11 lilt! III II I;; d I ; !1;;!=lt,iliU'~~',IIP;I!~!:lillll" I!ir!! I! II h G i In !P, i; ,I 'IiI' '11"11 'I I: i I : I: If II or ' I ~~.!!!I!!o,~ Ilnl,:!!: II ~ I t I l ! i d . : I "I, I!. i; "" ~\ -.. " ~~ I I - --- \'II~"'---'- I, ,;, ': '., ----~,..".__.,-". -- I \t ~H;! ~n r- ~r:- -~l '(.I '-~j' : :~-i I -,,';l."~;'i Ii -+11;...,'-, l-~it -.~I !," i ;f . tf --.~ /__'-;liill!:~Hif r:~i ',,, 'I', '-''-H; ;j----' ", J!t ..4-1; i fi" ' ~,'I.' J. ~ .! :1 i '\'1 ~I ~-- -',! I \\ il j, ~L~~ Y1J,' "j il.. t! ~~j.f' / , I ~;:---.! #,..t, , ,t " ~i.; " :\', ,J1 ," \.' :.::(..... ;,"; ii,/'+'"'..! ,,\\: x,~. .j ',-' .. )'. !,...'~ "- "- . ~.~.~. . I~~ .', . . ';\J".::, : ~~, \, "., >> .' ... -'" "I:"~<: :{;~-::{:~:~t ~ " ~<:;' '-;1 "';/<.' , ,,.,t ~, ' ~.: d' "-~(.: .1:1~. 't~~~ - i;, ! \,r .'eJ.. ~1 ,':~l)\:." "Mi; ,-.... Ptr> , "f' ',,' '-e,.',"', ." ; ,"""; 0 ,,_, I'V.;;' 1'./. ",'.!I. , /, f il ,. I' I I I, Ii! ,t I I 'I ~~l:~\: / / .:-s.~ / , --::/'/'~ / -' ;, - . -,-II: \ / /.".,:'d-::-;: f\ \ (Zt \\ \ \ -\-~-~ ""'.,' I " ~~.~ ~ EXHiBrr f~ ~E/ '1-7-04 u jj' @ j!!iil e~~ I i~U 'I ;I!l'l Ih!1 I, ~ ~'!"i IIII I !il!' " I I ~1l1~! ~ ~~ I" I! , 'Ii 1,'i11i '. I nUl 'I . ,'" .1..1 II 0 I r.z! ~. lilj I fI' 11151 ,'. I,:ii I.!lzll !'ll, :f!m ~,b I I 'II' Bulla IElh IIi. Z 1>1 . ~~ ~ ~J ~ It ' ~ ~ II ~ ~~) I I ;'l\ ,\, .?;, . \\\ L " , .'/. .-,,: '" "",;,'Y. ., ,';'-, ..)'" :,Ji~5' . " ~ ~~:i~ :# I ~. ;"'c': '{ ',i i~, ',,-, "j""'" ::"" ,{ :.,1 " "",', "~;;;',-- I i'i-;~')',':::",;:,.",",< -,j!"E'i..... c'~;-', :',~I..; ~;'.~L".. [:,-:,;,0:"'" u; "',[: I:,:';.j:~{,. : , , , ; .' ,', ',i ~~ . "" " Ii!) I"':';>'" ki>1$ ~ ":;.i'" , :; ,..:.1.......... , ~<' ,.> ," ~..c,,'r ;,S,>"",'", ;'""'1., .,:,> < i~:~'~'~~ .. r'<",i':)!;,.;~, ... f.~.,C'J~'X'(':i (;;-.::,, ""c,?' :",:",'. , ;:: ./J' ~i>~" ' (.1",' ...... ",\.".' ':,', "'i':",;"""'" ," '. ..... '" ",',,-' '. ) \ AQENDA ITEM NO. ... PAoc6J OF0 '0 '~.~ .,t. ~ ", ~ STAFF MEMORANDUM: OPPOSITION LETTER ~ FROM BRUCE EICHORN ~ AGENDA ITEM NO. 'l) PAGE S'l\ OF _b 0 - ,..... CITY OF LAKE ELSINORE MEMORANDUM TO: Chairman and Members of the Planning Commission Robert A. Brady, Community Development Directo~ September 7, 2004 FROM: DATE: SUBJECT: Agenda Item No.6 - Wasson Canyon Investments Zone Change No. 2004-09 and Tentative Tract Map No. 31792 Staff has received a letter in opposition since the distribution of Staff Reports, from Bruce Eichorn, Manager Dud's Ranch. A copy is attached. "'"" Mr. Eichorn's concern was forwarded to the City Attorney's office. It is anticipated Steve Miles will provide pertinent information for the Commissioners. "'"" c?l AGENDA iTEM NO. PAGE S'~ OF 1> () - Sept. I, 2004 CITY OF LAKE ELSINORE RECEIVED SEP 0 3 200~ PLANNING DEPl: ~ Dud's Ranch CIO Bruce Eichorn 455 Naomi Ave Arcadia, Ca. 91007 Lake Elsinore Planning Commission 130 S. Main Street Lake Elsinore, Calif. 92530 Ref. to public hearing Zone change # 2994-09 and Tentative Tract Map # 31792 Applicant: Wasson Canyon Investments Dear Sir: We are opposed to the approval of these plans for many reasons, one of which is. WHERE ARE TIIE $4 MILLION IN IMPROVEMENTS THAT ARE SUPPOSE TO BE ON TIDS PROPERTY? Bruce Eichorn Manager Dud's Ranch "-' ~ AQENDA ITEM NO. :;... ) PAGE...5Je. OF ~ 6 245475 ~ EXHIBIT 1.. DESCRIPTION OF FACll..ITIES TO B:g FCNANCED BY THE DIS11UCT CITY OF LAKE ElSINORl ~ Community Facilities Imtrict No 90-3 (North Lake Elsinore Hills Public Imp:ovc.ments) FACn..ITIES: A. Grading. The grading includes the clc:aring, etca''3tion, embankment, export, import. disposal and compaction of grading materiils for a res...arvoir site and access road, the public streets, public access roads and public utilities wi bin and in the area of the CFD, or otherwise required for development within the (~fD. B. Street Improvements. The street imj~emeltS c:onsist of the curbs, gutters, sidewalks. pavement, street lights, traffic signal:l, stonn dr.uns, bridges. utilities and landscaping in the public street rights-of-way or de4lic:ated ClSCIi1eIlts within and in the area of the CFD. or otherwise required for deve10pmeru within . he CFD. "........ C. Domestic Water. The domestic waleI' system :onsists of a water reservoir and distribution system with appurtenances in the public ~.treet rigll1S-t,f-way, dedicated easements and within the water reservoir site. within and in the area of the CFD, or otherwise required for development within the CFD. D. Sanitary Sewer. The sanitary sewer system :onsists of gravity sewer main, manholes. c1eanouts. lift stations, force mains, am appllrtel&anees including pavement removal and replacement in the public street, rights -of-way md dedicated easements wilhin and in the area of the CFD. or otherwise required jor developrtlent within the C~. E. Flood Control. The flood control il1'lproveDll:Dts consist of box culverts Mid drainage facilities in the public street rights-of-way clr dedicated easements within and in the area of the CFD, OT otherwise required for development wi bin the CFD. OTHER: 1. Costs of engineering, design, planninJt and COr)J'dination related to the above- listed facilities. 2. expenses. Bond related expenses. including bond COt nse)' and ~ other incidental tqlOIU \Iol:e1oiD\nonhlalc\focildy.ad: ,...... AGENDA ITEM NO.~ PAGEnOF.~D . 245475 3. Administra~ve. fees oflhe City. the ulkc Elsinore Public Financing Authority and any Bond fiscal agent related to the District and the Bouds. ....." 4. An amount for traffic. water, and/or sewer i npact fees payable incident to development within the District. ....." It n:pon.llatclsin\nonl>lalc\ra, ilily .ad. AQENDA ITEM NO. ~ll.- PAGE_ st OF_ o. ~ SUPPORT LETTER ---- FROM CURTIS AND BONNIE HENRY "......... AGENDA ITEM NO 1) PAGES3. ~-; ~ 0 "" July 28, 2004 Ms. Carole Donahoe Planning Consultant City of Lake Elsinore 130 Main Street Lake Elsinore, CA 92530 Re: Villages at Wasson Canyon, TTM 31792 Dear Ms. Donahoe: We are the owners of APN 347-330-023 which contains 2.23 acres ofland adjacent to the above referenced project. We have been discussing this proposed development with the applicants and find the lot size, road layout and overall design to be compatible with our property. We are in support of this project and ask you to convey our agreement of it to the Lake Elsinore Planning Commission and City Council. "" Sincerely, - "" AGENDA ITEM NO. 2- \ PAGE "6 OF C-- Q ~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: RICHARD J. WATENPAUGH, CITY MANAGER DATE: CITY COUNCIL MEETING OF SEPTEMBER 28,2004 SUBJECT: TENTATIVE PARCEL MAP NO. 32575, "ALICIA GRAFF" APPLICANT Ms. Alicia Graff 3580 Cherry Blossom Lane Lake Elsinore, CA 92530 REQUEST The applicant is requesting consideration to subdivide approximately 2.78 acres of vacant land into 4 residential parcels. Review is pursuant to Section 16 "Subdivisions" and Section 17.23 "Single- r Family Residential" Zoning of the Lake Elsinore Municipal Code (LEMC). ,,--. BACKGROUND At their regular meeting held on September 7, 2004, the Planning Commission adopted Resolution No. 2004-124, recommending to the City Council approval of Tentative Parcel Map No. 32575. (Minutes, Staff Report and supporting documents attached) DISCUSSION Items of discussion at the Planning Commission were relatively minor. The Commission raised concerns with potential drainage issues given the fact that the site has an existing swale that diverts rain water in the rear oflots No.3 and 4. Engineering Manager indicated that a Hydrology Study will be required and the study shall address improvements to mitigate drainage concerns as required by Condition of Approval No. 26. No further concerns were raised. ENVIRONMENTAL Pursuant to the California Environmental Quality Act, (CEQA) this project has been deemed exempt pursuant to Section 15315 (Minor Land Divisions). This section exempts the division of property in urbanized areas zoned for residential, commercial, and industrial uses into four or fewer parcels when the division is in conformance with the General Plan and Zoning. ,,--. AGENDA ITEM NO. ~-:A PAGE-LOF~ REPORT TO THE CITY COUNCIL SEPTEMBER 28, 2004 PAGE 2 ....", SUBJECT: TENTATIVE PARCEL MAP NO. 32575 FISCAL IMPACTS No direct fiscal impact to the city will be caused resulting from this development. This project will be required to annex into CFD No. 2003-01 which offsets annual negative fiscal impacts on public safety operations. RECOMMENDATION Staff recommends that the City Council approve Tentative Parcel Map No. 32575 for the subdivision of 2.78 acres of vacant land into 4 residential parcels (APN 379-080-029 & 030), based on the Planning Commission's Findings, Exhibit "A" herein and attached Conditions of Approval. PREPARED BY: ~&-Villa, Plamring & Code Enforcement Manager APPROVED FOR ~ Iu h ;- AGENDA LISTING: . A A--' .J, . 'A Ci Manager's Office .....", REVIEWED BY: ...", AQENDA ITEM NO. :J 2 PAGE ':l. OF..l..:L- PAGE 6 - PLANNING COMMISSION N.1INUTES - September 07,2004 """ Chairman LaPere had no co e had no other . sioner Uhhy asked Staff to clarify the why we are asking for a 6-foot block wro t-iron fence. He stated that he would prefer to see a 3-foot block wall with 2 steel. Mr. Oswe . dicated that on the plans it shows that there would be a 3- foot bl tubular stee , he stated that it must be a typo in the report. Commissioner R asked for clarification for the set backs. adjusted for the 16 fe Mr. Oswell stated that the would be 15-foot set back Commissioner Ryan had no further c Commissioner Larimer stated that sB; comments. /"""-- There being no further MOVED BY THOSE P THE E CALI RE~ SED BY A UN NO. 2004-123, A HE CITY OF LAKE OR D IGN REVIEW FOR A SINGL ELL STREET, APN 378-161-016, 017, & OUS VOTE OF LUTION OF SINORE, ILY 5. Tentative Parcel 0.32575, Ms. Alicia Graff Chainnan LaPere opened the Public Hearing at 6:35 PM, and requested the reading of the Staff Report. Director of Community Development Brady stated that this project is a request to subdivide two vacant parcels of land into 4 single-family lots, and requested Planning Manager Villa to review it with the Commission. r-. Agenda Item No ) 2 Page~ of-J..+ / PAGE 7 - PLANNING COMMISSION MINlITES - September 07, 2004 Planning and Code Enforcement Manager Villa stated that the applicant is requesting to subdivide 2.78 acres into four single-family residential lots. He stated that the two separate parcels of land are located at the terminus of LarSon Road, approximately 850 feet northwest of the intersection of Larson Road and Machado. He stated that the subdivision would create ~-acre lots for an overall density of .70 dwelling units per acre. He noted that the proposed subdivision meets and exceeds the development standards of the R-l Zoning District. He noted at Staff supports this project, and recommends that the Planning Commission approve and ado Resolution, based on the Findings, Exhibits and is subject to the Conditions of Approval ted that the applicant is available to answer any questions that the Commission may hav ~ Olairman LaPere requested the applicant to approach t Ms. Alicia Graff, 3580 Olerry Blossom Lane, state Staff if she is still required to provide curbs an of the street does not have curbs and gutters. f Report. She asked n though the rest Director of Community Development'1 Olairman LaPere asked the applicant if sll Ms. Graff stated "Yes". Olairman LaPere re ~ icated that he has lived in the city for 2 ~ arcels in the area are one acre or more. He sis the surrounding area. He also asked if the lots the dn eway. He also asked if the bridge would support onstructing this project. Lastly, he stated that the area this project would have any effect to cause potential Lee Tompkins, La had. He stated tha conditions, and if there Elsinore stated that he has the same concerns that Mr. Hawkins o the concerns mentioned, he also has concerns with the road y plans for street improvements. There being no further comments from the public, Olairman LaPere brought the discussion back to the table. Commissioner Uhlry noted that the lot sizes are governed by the existing Zoning. He stated with regards to the designs of the driveways, it would be up to the individual person. He noted that he too has concerns with the bridge. He indicated that Engineering would need to look at the bridge. He noted that the flood control channel is also a concern, however this is just a Tentative Parcel Agenda Item No 1 2 Page~of 1,\ ~ PAGE 8 - PLANNING CDMMISSIONMINUfES - September 07, 2004 ~ Map, and there are still issues that would need to be worked out before Design Review. He asked for the Engineering Manager address this concern. He had no further comments. Engineering Manager Seumalo stated that the Hydrology Analysis would give the details of what the details of what effect it would have on the project. Ms. Graff stated that s concerns. She asked if Commissioner Larimer stated that she concurs with Commissioner there were any other questions from the public. Mr. Hawkins asked Staff if the area would ever be conside Director of Community Development Brady stated t not part of the Gty, and if the property is beyond not be able to hook up. by EVMWD which is wer line, they would Ms. Graff stated that all family membe lots. Commissioner Larimer as ~ Uhlry recommendations. He also advised Mr. He stated that he concurs with Staff's recommendation, nt Brady stated that it is a public street. Commissioner Ryan sta had no further commen t he too has concerns with the potential flooding and the bridge. He Cbairman LaPere had no comments. There being no further comments, Cbairman LaPere closed the Public Hearing at 6:50 PM, and requested the reading of the Resolution. ~ Agenda Ite).p No .2 2 Page~o~ PAGE 9 - PLANNING COMMISSION MINUTES - September 07, 2004 MOVED BY O'NEAL, SECONDED BY RYAN AND PASSED BY A UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE RESOLUTION NO. 2004- U4, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINOR APPROVAL OF TENT ATIVE PARCEL MAP NO. 32575. ....." Director of mmunity Development Brady Zone Change a a Mitigated Negative DeclaratIon, review it with the mmission. roval of a Tentative Tract 191 single family residential :e this process, it would be o portion of the property from t a Mitigated Monitoring Program uested ... on of those documents. She stated ....." c PI~~, and the two Tentative Tract Maps m the Henry's that give support to the from Bruce Eichorn wit ud's Ranch who is opposed to the Mr. Eichorn letter was forwar the Oty's Attorney Office. She project, and recommends that the PI . g Commission approve and n the Findings, Exhibits, and is subject to e Conditions of Approval. She indicated that sh ould like to make a change to the Conditions of roval. She stated that as brought to her attention that Condition No. 88 an are repetitious, and ndition No. 89 be deleted, and modify the wording in Con . n No. 88. Chairman L ere requested Deputy Oty Attorney Miles to address the opposition Ie r from Mr. Eichorn t addressed a number of improvements that should have been complet on the prope arising out of Community Facilities District No. 90-3. He stated that this pro rtY is Agenda Item No ;)...:2 Page ~ of -4 ....." ,,-.... PLANNING COMMISSION STAFF REPORT City of Uke Elsinore Planning Divis ion 130 S. Man Su-eet ~ Elsinore, CA 92530 (909) 674-3124 (909) 471-1419 f:lX DATE: Tuesday, September 7,2004 TO: Chairman and Members of the Planning Commission FROM: Robert A Brady, Community Development Director PREPARED BY: Armando G. Villa, Planning & Code Enforcement Manager PROjECf TITLE: APPLICANT: Tentative Parcel Map No. 32575 Ms. Alicia Graff, 3580 Cherry Blossom Lane, Lake Elsinore, CA 92530 /'"'"' PROjECf REQUESTS Approval for the subdivision of two vacant parcels of land totaling approximately 2.78 acres into 4 single-family residential lots pursuant to Section 16 (Subdivisions) and the R-1 (Single-Family Residential Zoning) Development Standards. ENVIRONMENT AL SETTING EXISTING LAND USE ZONING GENERAL PLAN Proiect Site Vacant R-1 LMD Low Medium Densit} North Single Family Residences R-1 LMD Low Medium Densit} East Single Family Residences R-1 LMD Low Medium Densit} South Single Family Residences R-1 LMD Low Medium Densit) West Single Family Residences R-1 LMD (Low Medium Densit)J '. PROjECf LOCATION The project is comprised of two separate parcels of land located at the terminus of Larson Road, approximately 850 feet northwest of the intersection of Larson Road and Machado Street (APN 379- 080-02- & 030). ",.--. AQENOA ITEM NO. PAGE 2 OF ?-2 \'\ PLANNING COMMISSION STAFF REPORT SEPTEMBER 7, 2004 PAGE No.2 .....". PROJECT TITLE: TENT ATIVE PARCEL MAP NO. 32575 PROJECT DESCRIPTION The proposed project entails the subdivision of two separate parcels of land located on Larson Road which total approximately 2.78 gross acres (2.13 Net) in size. The subdivision proposes a total of 4 parcels for residential purposes. Lot sizes are as follows: Lot No.1 is 22,032 sf., Lot No.2 is 23750 sf., Lot No.3 is 23,740 sf., and Lot No.4 is 23,240 sf. The average lot size is 23,1905 sf. (1/2 acre lots) for an overall density of .70 dul ac. DISCUSSION It should be noted that the proposed subdivision meets and exceeds the minimum development standards of the R-1 Zoning Standards. The R-1 Zoning requires a minimum lot size of 6,000 sf. with an average of 7,200 sf. and an overall maximum density of 6 dul ac. ANAL YSIS The proposed subdivision meets and exceeds the development standards ot the R-1 Zoning District. Staff is supportive of the subdivision because it has been deemed consistent and compatible with surrounding land uses. ....." ENVIRONMENTAL DETERMINATION f.t' The proposed project has been deemed exempt pursuant to the requirements of thl California Environmental Quality Act Section 15315, (Minor Land Divisions). This sections excepts the division of property in urbanized areas zoned for res~dential, commercial, and industrial uses into four or fewer parcels when the division is in conformance with the General Plan and Zoning. STAFF'S RECOMMENDATION Staff recommends that the Planning Commission Adopt Resolution No. 2004-_, recommending to the Gty Q)uncil approval of Tentative Parcel Map No. 32575, respectively for the subdivision of 2 vacant parcels into 4 parcels for single-family purposes based on Exhibits "A", attached Findings and subject to the Conditions of Approval. FINDINGS: >> >> 1. The proposed subdivision, together with the provisions for its - design and improvement, is consistent with the Gty General Plan, the R-1 Zoning District, Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The prrjeet is ronsistent Wth the dtsignated land use planning areas, deuloprrmt and dtsign standards, and all cxher apprqniate requirerrents wntairnl in Gerx?ral Plan, City M uniapal ~ and S ulxli:dsWn Map A ct. AQENDA ITEM NO. 2. 2 PAGE <6 OF 1 , ....." PLANNING COMMISSION STAFF REPORT SEPTEMBER 7,2004 ~ PAGE No. 3 PROJECT TITLE: TENTATIVE PARCEL MAP NO. 32575 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 prrjfXt is consistent Wth the lam use plan, deuJoprrent am d5ign standards am prugram, am aD a:her appropriate requimrmts wntainxl in the Getrral 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 prrjfXt is consistent Wth the City's Getrral Plan am it Wl1 prmide rxressary puhlU: serUa:s am facilities, Wl1 pay aD apprrpriate jffs, am Wl1 m: result in any adwse emirr.>>1J7l!lltal inp:ut. 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 prrjfXt Wil COlr{Jly Wth aD appropriate consermtian requimrmts if the City am Uniform Building 0xIe. (' PREPARED BY: ^,,^JAr;' ~~~v~. Villa, Planning & Code Enforcement Manager APPROVED BY: ATTAa-IMENfS "An TPM No. 32575 '. ("' AGENDA 'TEM NO.-.lA " PAGE-$-.. OF.=-rr - VICINITY MAP TPM 32575 (APN 379-080-029 & -030) '-" PLANNING COMMISSION MEETING SEPTEMBER 7, 2004 AQENDA ITEM NO. ). ? " PAGE-1.9-0FJ!i- ~. \. /" " /) ~ ......, <v/"'> ~'~' '. ... , /'. '\. '>.'J, / (' 'h. 'A ~,"\ 'V/ '" /" ", _",. '. '\ ). N \<)> ~' ~ r~~1 ~ \... '- ". 4-:,Cl' .', '~ \.... '. ". ~ %- I.'~ // , \ (~ .,"',,, " '_" ""'-" . "-:"'.:~~:~.e; 5.1 ~">'" " ~ <.0, . '. ....... ~ ...," r;~"o / ",,? / .I ~ )11 :; "._,',', ~ """"'1 ""r... ,.e,<<I" ;. ......~ ........-..;:~ . '\ ',. ... /' (-" / ........... . --- ',\ ......-......____. -.........J ". '" "A..../ '" i ................. - ~-..-:'\::.-~-~. "\."./ t.- ~I ,,-j ,-,oJ \ \ .;: 'r.,." . ~y ~... l ........ . ......... ............ '~ ..., ~>.i '" ~ i ,I-I ~ ~.'~~~~~ ~ .~ ,~ 1I'Il I I ,.'-] I c--j.... j I L-.1 ~.... ....,. :>-...:~\:> '~ i'~' ,- .:-.. ffl C;i .~)'J .00!\., r,;?;V j- /"" / :/ '> / ,f / ~ ' ~/{ '-,./ 1 . d "I";"~-.- "'~ i'l ~\ \ -I m Z -f ',," . "';;;"t-" -f/' ,{: .., .~ ,........... ,),... <.., "> /Ji' .v'/ \, ./', / '> / / <..... /../ -',,.t /.. O,,,~ ~i . . .j^~ :~.11;)i~~i~ i:;~ tai;' ~~~"~i' j~" I i~...t.~~ 19 ~i.j,- t ~. ..,," .," ." '~j ~>-'91 '.... "If: ~l! :~~ '" ;i~ I'J ; J" ~ ". " I~ ~~i ~- i t G> ~" l'o. r, '.' >i".' 't. ~'!i" !' /,., \ ..~. ;0' "" '.i' '~'!::;r '.1"' ill' ;,. '."1"." ,.:/.;e ~.;~. ".~~. C""l~ ~ ~ 'I' 1"1" , ";/' < ~>. . "I P -., 'j' - . - f.-I-,- "" ..' . n ~". A"~"'- ! 'i ' . ". I E~ f.~ ;~,!~ ~~ j~.~;~ ~~ ~ll ~~ !,r~ ;~~ ;!e! . -~~i~i. -,./ ~.~ ~~t:~ J1U ~e~~ :t~:;. 9~~ '.! i ~!lj ";. ,.".. ,,' <l'" ,', ," t" ". ...... .n...." '.-2.. -,', .., q, 11i~' .~. " ., ,,<.l ~. ~IJ~, .! 'g: ~ l~~ .'~ ;;. ~il';i 'II" .,,~ '~i\. ~-~: .,-~ i; r · "I mrllH W !llll! !~~ 11" .",: .~ ril' ',l ' I ~ Ill! "0 5: z z Z G> o m "'U :-f o ~ o ~ :0-0 ~ ~!; N m^ .,l::- <m ~ mm c::::) 0 r- ~ (J) z o :D m. A8ENDA neu NO. 1)" SUiH.jdiiqS +..m; PA~9~w 89E6681.606 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 32575 'will PLANNING DIVISION GENERAL 1. Tentative Parcel Map No. 32575 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 Parcel Map No. 32575 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. The applicant shall defend (with counsel acceptable to the Gt0, indemnify, and hold hannless 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 Creek/Summerhill 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 promptly notify the applicant of any such claim, action, or proceeding against the Gty and will ....., cooperate fully with the defense. 4. The applicant shall deposit a check in the amount of $64.00 payable to the Riverside County Oerk This fee is necessary for filing a "Notice of Exemption" in compliance with CEQA PRIOR TO FINAL TRACT MAP 5. All lots shall comply with minimum standards contained in the R-l Zoning District. 6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC 7. Street names within the subdivision shall be approved by the Community Development Director or Designee. PRIOR TO DESIGN REVIEW APPROVAL . . 8. The applicant shall comply with all conditions of the Riverside County Fire Department. 9. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). "-" 2r;.. AGENDA ITEM NO. ~ PAGE \ A OF . CONDITIONS OF APPROVAL TENT ATIVE PARCEL MAP NO. 32575 CONTINUANCE /""" 10. All future structural development associated with this map requires separate Design Review approval. 11. 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. 12. The applicant shall comply with the following uty programs: the Gty Source Reduction and Recyrling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. PRIOR TOISSUANCE OF BUILDING PERMIT 13. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the uty Engineer, for all required utility services. 14. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 15. Pay all applicable fees including park fees. 16. The applicant shall meet all requirements of the providing electric utility company. r- 17. The applicant shall meet all requirements of the providing gas utility company. 18. The applicant shall meet all requirements of the providing telephone utility company. 19. A bond is required guaranteeing the removal of all trailers used during construction. 20. All signage shall be subject to Planning Division review and approval prior to installation. 21. The uty'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. ENGINEERING DIVISION 22. Dedicate full half-width of Larson Road on the project frontage such that the centerline of Larson to the property line measures thirty (30) feet. 23. Construct full half-width street improvements along the project ffontage for Larson Road. Half roadway section shall measure twenty (20) feet from centerline of Larson to the curb face. Street improvements shall include curb, gutter, roadway, sidewalk and landscaping as required for the uty standard local road. _. 24. Dedicate uty standard cul-de-sac for 'A' Court. Throat width shall be sixty (60) feet of right- of-way with a minimum thirty-six (36) foot curb to curb section. Page 2 of 6 AQENDA ITEM NO. 2 ~ PAGE 1:!J OF-IL CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 32575 CONTINUANCE 25. Storm flows conveyed in the earthen channel shall not be altered unless approved by the Gty Engineer. ...., 26. Submit Hydrology and Hydraulic Reports for review and approval by Oty 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. 27. Street improvements on Larson Road shall be tapered to meet with the existing roadway. Minimum taper rate shall be 10: 1. 28. Pad elevations shall be one (1) foot above the hundred (100) year FEMA flood elevation. 29. Provide slope protection along channel slopes adjacent to lots 3 &4. Slope protection shall mitigate velocities and erosive conditions found in the approved Hydrology Report. 30. Widen roadway section across drain pipes and extend the drain pipe and inlet structure to accommodate the widened roadway section. Roadway half- width shall be twenty (20) feet centerline to end of pavement. Traffic safety device shall be installed across storm drain pipe. 31. Improve access to multi-use trail by installing a method of containing gravel while maintaining All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMq prior to issuance of building permit. 32. Underground water rights shall be dedicated to the Gty pursuant to the provisions of Section 16.52.030 (LEMq, and consistent with the Ory's agreement with the Elsinore Valley Municipal Water District. ...., 33. Pay all Capital Improvement and Plan d1eck fees (LEMC 16.34, Resolution 85-26). 34. 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 issuance of building permit. 35. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the Oty Engineer prior to final map approval (LEMC 16.34). 36. Street improvement plans and specifications shall be prepared by a Calif. Registered Ovil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and OtyCodes (LEMC 12.0-1- and 16.34). 37. Applicant shall enter into an agreement with the Oty for the construction of public works improvements and shall post the appropriate bonds prior to issuance of Building Permit. 38. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 %. ......., Page 3 of 6 AQENOA ITEM NO. ~ PAGE J.:L OF ....L:L CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 32575 CONTINUANCE "" 39. Pay all fees and meet requirements of encroachment pennit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 40. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1h" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 41. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by Gty Engineer. 42. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 43. 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. 44. Provide street lighting and show lighting improvements as part of street improvement plans as required by the Gty Engineer. 45. Developer shall install blue reflective pavement markers ill the street at all fire hydrant locations. ,,-.... 46. 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. 47. All utilities except electrical over 12 kv shall be placed underground, as approved by the selVing utility. 48. Apply and obtain a grading pennit with appropriate security prior to building pennit 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 pennit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 49. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. '. 50. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/ or liquefaction zones present on-site or provide documentation from a Professional Geologist or Geotechnical Engineer that this is not required. "" 51. All grading shall be done under the supelVision of a geotechnical engineer and he shall certify Page 4 of 6 AQENDA ITEM NO. 2 2 PAGE (') OF-L:L.. CONDITIONS OF APPROVAL TENT ATIVE PARCEL MAP NO. 32575 CONTINUANCE 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. '-' 52. 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. 53. 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". 54. 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. 55. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 56. Meet all requirements of LEMC 15.68 regarding floodplain management. 57. The applicant to provide FEMA elevation certificates prior to certificate of occupancies 58. 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. 59. Roof and yard drains shall not be allowed to connect directly through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. '-' 60. 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. 61. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 62. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 63. 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. 64. Education guidelines and Best Management Practices (BMP) shall be provided to residents of '-' Page 5 of 6 AQENDA ITEM NO. 2. '2 PAGE )~ CF~ CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 32575 CONTINUANCE ~ 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 Qmnty NPDES Drainage Area Management Plan. 65. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 66. 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 of landscaping and wall placement. 67. 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. ADMINISTRATIVE SERVICES DEPARTMENT 68. Prior to the issuance of the first building permit, the applicant shall annex into Community FacilityDistrict 2003-01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the Oty. /'"' 69. Prior to issuance of the first building permit, the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaping areas to be maintained by the Gty and for street lights in the pubic right-of-way for which the city will pay for electricity and a maintenance fee to Southern California Edison. '. /'"' Page 6 of 6 22- AQENOA ITEM NO. \ """ PAGEfl OF J.L RESOLUTION NO. 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF TENTATIVE PARCEL MAP NO. 32575. ...." WHEREAS, an application has been filed with the Gty of Lake Elsinore by Alicia Graff to subdivide certain property into 4 parcels for future single-family lots; and WHEREAS, the Planning Cbmrnission of the Gty of Lake Elsinore has been delegated with the responsibility of making recommendations to the Gty Cbuncil pertaining subdivision of land; and WHEREAS, public notice of said application has been given, and the Planning Cbmrnission has considered evidence presented by the Cbmmunity Development Department and other interested parties at a public hearing held with respect to this item on September 7, 2004; NOW THEREFORE, the Planning Cbmmission of the Gty of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Cbmrnission has considered the proposed subdivision (1PM No. 32575), prior to making a decision to recommend that the Gty Cbuncil approve the proposed subdivision into 4 residential lots. The Planning Cbmmission finds and determines that pursuant to the requirements of the California Environmental Quality Act Section 15315, (Minor Land Divisions). ....." This sections excepts the division of property in urbanized areas zoned for residential, commercial, and industrial uses into four or fewer parcels when the division is in conformance with the General Plan and Zoning. SECTION 2. That in accordance with State of California Subdivision Map Act, and the Gty of Lake Elsinore the following findings for the approval of Tentative Parcel Map No. 32575 have been made as follows: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the Gty General Plan R-1 Zoning; Title 16 of the Municipal Cbde relating to Subdivisions; and the State Subdivision Map Act. The project is ronsistent Wth the designated land use planning areas, deudoprrent and design standards, and ail aher apprq>>iate requirerrEJ1tS wntainai in the GeJrral Plan, City Municipal 0xIe, and SuJxIi:dsionMap Act. . 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Cbde Section 66473.5). The project is ronsistent Wth the land use plan, deudoprrent and design standards and prugram, and ail aher apprq>>iate requimrmts wntainai in the GeJrral Plan ...." AQENOA ITEM NO. 'J.:2- PAGEKOF . \ 1 Resolution No. 2004- ~ Page 2 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. 1be prqoct is consistent Wth the City's Gen?ral Plan am R-l Zani"& am it Wl1 prmide rm:ssary puhlU: senia:s am faOlities, Wl1 pay all appropriate fees, am Wl1 ra result in any adterse emi:romrmtal 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 (GovemmentCode Section 66412.3). 1be prrjoct Wl1 ronply Wth all apprrpriate conseruuion nquiremmts if the City am Uniform Building CaIe NOW, TI-IEREFORE, based on the above fmdings, the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake Elsinore approve Tentative Parcel Map No. 32575. Ron Lapere, Chairman Lake Elsinore Planning Commission - I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on September 7, 2004 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners : ABSTAIN: Commissioners: A TrEST: . . Robert A Brady, Secretary to the Planning Commission - AflENOA ITEM NO. 21- PAGEJ.t- OF---1l CITY OF LAKE ELSINORE ,-.. REPORT TO CITY COUNCIL/REDEVELOPMENT AGENCY TO: HONORABLE MAYOR, MEMBERS OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY FROM: RICHARD J. WATENPAUGH, CITY MANAGER DATE: CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING OF SEPTEMBER 28,2004 SUBJECT: TENTATIVE CONDOMINIUM MAP NO. 32670 AND RESIDENTIAL DESIGN REVIEW NO. 2004-10. APPLICANT Mr. Bruce New D.R. Horton Los Angeles Holding Company, Inc. 119 N. Maple Street Suite A, Corona, CA 92880. REQUEST "......... . The applicant is requesting approval of Tentative Condominium Map No. 32670 pursuant to East Lake Specific Plan (ELSP), Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), Chapter 17.30 (Condominiums and Condominium Conversions) of the LEMC and Section(s) 66424 and 66427 of the California Subdivision Map Act (CSMA). . The. applicant is also requesting approval for the design and construction oftwenty-seven (27) detached residential condominium buildings, which include 141 individually, owned attached condominium units and related improvements. Review is pursuant to the East Lake Specific Plan and Chapter 17.82 (Design Review) of the LEMC. PROJECT DESCRIPTION The applicant requests approval to establish a proposed residential condominium community located within Planning Area(s) 4 and 5 of the East Lake Specific Plan. The proposed project consists of twenty-seven (27) condominium buildings (141 dwelling units), a swimming pool, a Jacuzzi, a tot lot, common areas, a sewer pump site and detention basin. Since condonlinium projects are defined as "subdivisions" pursuant to Section 66424 ofthe California Subdivision Map Act (CSMA), this project requires Planning Commission and City Council consideration pursuant to the requirements of Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC). The condominium concept would allow the applicant to be able to offer individual dwelling units for sale within the building structures as defined by the Tentative Condominium Map No. 32670, while sharing common interest, ownership and maintenance responsibilities within the common areas. "......... ACEMOA ITEM NO.~... PN;E-L-op-...J4, REPORT TO THE CITY COUNCIL AND REDEVELOPMENT AGENCY SEPTEMBER 28, 2004 PAGE 2 ~ SUBJECT: TENTATIVE CONDOMINIUM MAP NO. 32670 AND RESIDENTIAL DESIGN REVIEW NO. 2004-10 FOR "BELCARO". BACKGROUND At their regular meeting of September 07, 2004, the Planning Commission adopted Resolution No. 2004-129, recommending City COiIncil approval of Tentative Condominium Map No. 32670 and Resolution No. 2004-130 recommending City Council approval of Residential Design Review No. 2004-10. As allowed by the LEMC, the Planning Commission also adopted Resolution No. 2004-131 approving Conditional Use Permit No. 2004-24. DISCUSSION Items of discussion generally concentrated around the question of the "Wave Run-Up Study" prepared by.WEST Consultants, Inc. on May 10, 2004. (See Attachment No.4) Essentially, the study was submitted in order to support the applicant's request to lower the three foot (3') "wave run-up". Generally, the Wave Run-up Study analyzed hourly wave and wind velocities as well as hydrodynamic analysis of wave attenuation within the Lake Type Inlet Channel for the period from January 1994 through April 2003. Ultimately staff agreed with the study and recommended approval to the Planning Commission. In response, the Planning Commission expressed concerns that it would be imprudent to lower the elevations considering. the flooding in past years. The Engineering Manager assured the Planning Commission that although the City normally takes a very conservative approach to Flood Management issues, the Wave Run-up study adequately analyzed this request and a reduction of wave run-up would not compromise the safety of the residents or substantially expose property to flood damage. Moreover, the Engineering Manager also pointed out that the Flood Plain Administrator as stated in the adopted. ordinances has the discretion to reduce the three foot (3 ') wave allowance upon sufficient analysis. As a result, Commissioner Uhlry abstained disagreeing with the Engineering Manager's recommendation. ~ ENVIRONMENTAL Pursuant to the California Environmental Quality Act (CEQA), Section 15162 (Subsequent EIRs and Negative Declarations), staff has determined that the proposed project is consistent with the East Lake Specific Plan Environmental Impact Report and Mitigation Monitoring Program (State Clearing House No. 92092027), the 1998 Specific Plan Amendment No. 1 and the 1999 Specific Plan Amendment No 2, previously approved by the City Council. Additionally, staff has found that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP) in that although, the previously graded site falls within a Critical Area Cell 4743, Subunit 3, the project is outside the designated Conservation Area and would not compromise the conservation goals and maintenance ofthe habitat connections to the adjacent Cells (4646, 4742 and 4846). Therefore no additional environmental clearance is necessary. ~ ACENDAnatNO.. ~1 ~:: PACE . di Of Iflv REPORT TO THE CITY COUNCIL AND REDEVELOPMENT AGENCY r- SEPTEMBER 28, 2004 PAGE 3 SUBJECT: TENTATIVE CONDOMINIUM MAP NO. 32670 AND RESIDENTIAL DESIGN REVIEW NO. 2004-10 FOR "BELCARO". FISCAL IMPACTS Residential development of this nature generates a negative fiscal impact to the City. However, the development has been conditioned to annex into Community Facilities District (CFD) 2003-01 and Lighting, Landscaping and Maintenance District No. 1 to offset the annual negative fiscal impacts on public safety operations and maintenance including city-wide improvements and facilities relating to fire and police protection, and to offset the negative fiscal impacts on City maintained lighting and landscaping. RECOMMENDATION Staff recommends that the City Council approve; Tentative Condominium Map No. 32670 and Residential Design Review No. 2004-10 based on Exhibits "A" thru "bb" and the adopted Planning Commission Findings and the attached Conditions of Approval. Also, since the subject site is located within Redevelopment Project Area #2 Area "B", it is also recommended that the Redevelopment Agency concur with the Council's action. r- REVIEWED BY: Rolfe Preisendanz, Associate Planner ~. Villa, Planning and Code Enforcement Manager d PREPARED BY: REVIEWED BY: APPROVED FOR L~ ~ &r AGENDA LISTING: Ii ~ City anager's Office Attachments: 1. Minutes September 07, 2004 Planning Commission Meeting. 2. Staff Report, Resolutions and Conditions September 01, 2004 Planning Commission Meeting. 3. Exhibits 4. Wave Run-up Study prepared by WEST Consultants, Inc. on May 10,2004. r- ACENDA ITEM NO.~ FAGE ~ ~ PAGE 12 - PLANNING mMMISSIONMINUfES - September 07, 2004 RESOLUfION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ~ ELSINORE, CALIFORNIA, RECOMMENDING TO CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE DELCARATION NO. 2004-06 AND THE MITATION MONITORING PROGRAM THEREOF, FOR ZONE CHANGE NO. 2004-09, AND TENTATIVE TRACT MAP NO. 31792, ON APPROXIMATELY 59.4f: ACRES LOCATED SOUfHE T OF HIGHWAY 74, NORTHEAST OF INTERSTATE 15, AND EAST OF T INTERSECTION OF CONARD AVENUE AND THIRD STREET, AND KNO SESSOR'S PARCEL NOS 347-330-045, 046, 050 THRU 053; 347-330-019; 347-36 ,004 AND 005. ....." MOVED BY RYAN, SECONDED BY O'NE VOTE OF THOSE PRESENT TO APPR RESOLUfION OF THE PLANNING C ELSINORE, CALIFORNIA, RECOMME~ OF LAKE ELSINORE APPROVAL OFZ THE ZONING FROM "RR- RURAL RESID RESIDENTIAL," ON APPPROXf TELY 31.24f: HIGHWAY 74, NORTHEAST NTERSTA: . INTERSECTION OF CONARD A D THI ASSESSOR'S PARCEL NOS. 347-330-0 18 AND Commissioner La Design Review that t ded to the applicant that when this project comes back for the uld be unique. 7. Tentative Omdominium Map No. 32670. Residential Design Review No. 2004-10 and Conditional Use Pennit No. 2004-24 for "Belcaro". .' Chairman LaPere opened the Public Hearing at 7:28 PM, and requested the reading of the Staff Report. Agenda Item No Page_ of ~ AClENDAI1iM NO.~. PAGE q _OP~ PAGE 13 - PLANNING CDMMISSION MINUTES - September 07,2004 ,-... Director of Community Development Brady stated that this is an application for a Design Review, CUP and a TCM and requested Associate Planner Preisendanz to review it with the Commission. Associate Planner Preisendanz stated that the project consists of 141 unit Condominium Community located on the south side of Lakeshore Drive between Lake Park and Elm Street within the East Lake Specific Plan. He indicated that this project would cot;lsist of twenty-seven two story wood framed buildings, for a total of 141 individually owned units.'" stated that teh access to the site would be made availably by way of a non-gated central drive d off Lakeshore Drive. He noted that a gate controlled emergency secondary acce d be provided on the east boundary of the property towards the rear of the complex -, Chairman LaPere re on, 119 N. Maple Street, Ste. A, Corona s that the Commission may have. Ga' d that the wording could be changed to stated, "Prior to the first plicant if he agreed to this change. Mr. Faber stated that he agrees to the Conditions of Approval to include the amended Condition No.6. " There being no further comments from Mr. Faber, Gairman LaPere requested Mr. Peck to give his presentation. ,-... Agenda Item No Page_ of AGENDA I1CM /10.--21.-... PACE S" ~ PAGE 14 - PLANNING ffiMMISSIONMINUfES - September 07, 2004 Mr. Peck gave a brief overhead presentation. After the presentation, Chairman LaPere brought the discussion back to the Commission. ...." Commissioner Uhhy indicated that he questioned the 1,266 with the Flood elevation. He indicated that FEMA has established the elevation at 1,267. He noted that the Staff report states that the finish floors would be at 1,264 feet plus a 3-foot wave wash. He st ted that he had concerns with the potential flooding. He stated that he would be a lot happier to in the elevation at 1,267. Engineering Manager Seumalo stated that he has been working , ngineer for this project. He indicated that 1,264 is the minimum, and 1,267 is the eleva . hat he has required around the lake unless they have provided a wave run up study. He" t this project did complete a wave run up study. He noted that he read the study an able with the results, as it pertains to the FEMA elevations and the Ordinance Deputy Gty Attome Elsinore Valley. He stat a. Commissioner Uhhy stated that he does not . that he hopes that this would not set precedence on Commissioner Uhhy asked about Co provide in-lieu fees or provide afforda doing. Commissioner Uhlry Water District. Oty or did they belong to Elsinore ....., ance, the water rights are deeded to the Gty, e Oty, we would deed it back to the water the developer to provide water. d that he would need to review the Ordinance. ed that there was a conveyance with the Oty's water system to it is a subject matter that EVMWD handle with the propertyowners. Commissioner Uhhy indicated that Condition No. 68 states that there would be signs posted in the complex to include No Parking and Street Sweeping Signs. He asked if the Oty now allowed street sweeping in Condominiums. ." Engineering Manager Seumalo stated that this is a standard condition that was overlooked, and would not have the street sweeping signs placed within the complex. Agenda Item No Page_of ...." AOENDAITEMNO.&-. . PACE ~ OP .' - ." PAGE 15 - PLANNING COMMlSSIONJvfiNlITES - September 07, 2004 ~, Conunissioner Uhlry had no further comments. Commissioner Ryan stated thathe too has concerns with the in-lieu fees verses affordable housing, however notes that the RDA is addressing some of the concerns. He concurred with the flood issues as well. He had no further comments. Conunissioner Larimer asked Staff that she didn't see nal presentation. He stated en, since he has been a atIons. Vice Chainnan O'Neal thanked Staff and the applicant for the profe that the drawings and the rendering of the project are the best Planning Conunissioner. He stated that he supports Staffs reco Conunissioner Larimer concurs with Conunissioner not like lowering the standards. She asked the applic he indicated that she does caro" came from Mr. Faber stated that it was a management decis' Mr. Faber indicated that the entry sign . Conunissioner Larimer had no further co ~ Chainnan LaPere aske purposes. ringing in any dirt for grading Eng' ,267 unless they provide a wave run-up study.. fer to stick with 1,267 to be consistent. Deputy Gty Mile Ordinance states that the elevation is 1,264 plus 3 feet for wave run-up, and within t ere is a discretionary allotment for Staff to make a determination that it can be reduced f eet. He stated that technically it would not be lowering the standard. He noted that we are g with requirements plus a discretionary 3 feet for wave run up. He asked the Engineering Manager if there was a formal wave run-off analysis, and if so, then it should be entered into the record. .' Engineering Manager Seumalo concurred. Vice Chainnan O'Neal stated that he is comfortable with the elevation at 1,266. ~ Agenda Item No Page_of ACENDArreM NO.:&-:. PAGE 7 Of ,', ~ . ".,. PAGE 16 - PLANNING COMMISSION MINUfES - September 07, 2004 Chainnan LaPere thanked the Deputy Gty Attorney Miles for that explanation. He asked Staff if a ......" traffic signal would be provided. En~ineering Manager Seumalo stated that there would not be one provided for this particular project. Chainnan LaPere had no further comments. Commissioner Uhlry asked the applicant how many pads would Mr. Faber stated that only one pad would be at 1,266 an Commissioner Larimer asked the Commission if should be. There being no further comments, Ch requested the reading of the Resolutions. e Public Hearing at 8: 14 PM, and -E WITH A 4-1 VOTE WITH , A RESOLUTION OF THE OF L ELSINORE, CALIFORNIA, -APPROVAL OF TENT ATIVE "BELCARO" A RESIDENTIAL D WITHIN PLANNING ARES(S) AND PLAN, ASSESSOR PARCEL NUMBER(S) ......" MOVED BY ED BY RYAN AND PASSED WITH A 4-1 VOTE WITH UHLRY ABST LUTION NO. 2004-UO, A RESOLUTION OF THE PLANNING CO OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF RESIDENTIAL DESIGN REVIEW NO. 2004-10 R THE DESIGN CONSTRUCfION AND ESTABLISHMENT OF "BELCARO" A . SIDENTIAL CONDOMINIUM COMPLEX TO BE LOCATED WITHIN PLANNING ARES(S) AND 4 AND 5 OF THE EAST LAKE SPECIFIC PLAN, ASSESSOR PARCEL NUMBER(S) 373-221-032-057. .. Agenda Item No Page_of '-' AOENOA fTEM NO.---23..-. PNlEJ....OP:::J.4. PAGE 17 - PLANNING CDMMISSION MINUfES - September 07, 2004 ",..-.. MOVED BY O'NEAL, SECONDED BY LARIMER AND PASSED WITH A 4-1 VOTE WITHUHLRY ABSTAINING, RESOLUfIONNO. 2004-131, A RE SOLUfI ON OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2004-24 FOR THE EST ABLISHMENT OF "BELCARO" A RESIDENTIAL CONDOMINIUM COMPLEX TO BE LOCATED WITHIN PLANNING ARES(S) AND 4 D 5 OF THE EAST LAKE SPECIFIC PLAN, ASSESSOR PARCEL NUMBER(S) 373-221- -057. INFORMATIONAL . sian of the EDC luncheon that BUSINESS ITEMS None Director of Community Development would be held on Thursday. ",--.. . PIa ury on his new daughter that was born the last is is the third child for Associate Planner Coury. . She indicate requesung res Dedication to be would be attend. Ived a call from Lake Elsinore San Jacinto Water Shed Authority, m the Commission on who would be attending the Lake Mixer on September 16. Commissioner Larimer and Ryan stated that they the Mixer. Planning & Code Enforcement Manager Villa commented on the foll<1Wing: . He wanted to thank Staff for all of their hard work on preparing the packages for the Commission. ",..-.. Agenda Item No Page_ of ACENDAITEMNO.~. PAOE-LOP~ PLANNING COMMISSION STAFF REPORT ....., City 01 Lake Elsin..e PJ"..i_1 Di,isi." 1305. Main St=t Lake Elsno,e, CA 92530 (909) 674-3124 (909) 471-1419 f.u DATE: Tuesday, September 07, 2004 TO: Chairman and Members of the Planning Commission FROM: Robert A. Brady, Community Development Director PREPARED BY: Rolfe Preisendanz, Associate Planner PROJECT TITLE: Tentative Condominium Map No. 32670, Residential Design Review No. 2004-10 and Conditional Use Permit No. 2004-24 for "Belcaro". APPLICANT: D.R. HORTON LOS ANGELES HOLDING COMPANY, INC, (Attn: Mr. Bruce New), 119 N. Maple Street, Suite A, Corona, CA 92880. ~ PROJECT REQUESTS . Approval of Tentative Condominium Map No. 32670 pursuant to East Loke Specific Plan (ELSP) , Section 16 "Subdivisions" of the Lake Elsinore Municipal Code .(LEMC), Chapter 17.30 (Condominiums and Condominium Conversions) of the LEMC and. Section(s) 66424 and 66427 of the California Subdivision Map Act (CSMA). . Residential Design Review No. 2004-10. The applicant is requesting Design Review consideration for the design and construction of twenty-seven (27) detached residential condominiwn buildings, which include 141 individually owned attached condominiwn units and related improvements. Review is pursuant to the East Loke Specijic Plan and Chapter 17.82 (Design Review) of the LEMC . Conditional Use Permit No. 2004-24. The applicant is.}equesting the approval of a conditional Use permit to allow for the establishment of 141 individually owned attached condominiwn units which will participate in an underlying common area pursuant to the East Loke Specijic Plan and Chapter 17.74 (Conditional Use Permits) of the LEMC ~ AOENOA ITEM NO.~.. PAGE 10 ~~ PLANNING COMMISSION STAFF REPORT SEPTEMBER 07, 2004 ~ PAGE 2 of 15 PROJECT TITLE: TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR "BELCARO" . BACKGROUND The subject property, formally a "golf driving range", is located within Planning Areas (4) and (5) of the East Lake Specific Plan. The East Lake Specific Plan was originally adopted by the Lake Elsinore City Council on June 8, 1993 (Ordinance No.955). In accordance with the CalifOrnia Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared and certified by the City. Following, in July 1993, an addendum to the EIR, addressing the Lake Elsinore Stadium! Amphitheater Project, was approved. Ultimately, the City of Lake Elsinore City Council adopted Amendment One and Two of the East Lake Specific Plan on June 23 and August 24, 1999, respectively. ~ Subsequently, the applicant, D.R. Horton submitted Preliminary Application No. 2004-02 on February 19,2004, for the preliminary review of the project known as the Stadium Villas, to which, staff provided design review comments on April 6, 2004. Ensuing, on June 02, 2004, the applicant formally submitted the applications described herein. Fittingly, the application was deemed incomplete on July 1,2004, with design corrunents. Following, on August 17,2004, the application was deemed complete and scheduled for the September 07, 2004 Planning Commission meeting. During the formal design review process, the name of the subject condominium corrununity was changed from "Stadium Villas"to "Belcaro". PROJECT LOCATION The 9.55-net acre project site is located on the south side of Lakeshore Drive between Lake Park and Elm Street(s), within Planning Area(s) 4 and 5 of the East Lake Specific Plan, Assessor Parcel Number(s) 373-221-032 and 057. ENVIRONMENTAL SETTING EXISTING ZONING GENERAL PLAN LAND USE Project Vacant East Lake Specific East Lake Specific Site Plan Plan North Vacant C-2, General General Comme.l"cial Commercial" South Vacant East Lake Specific East Lake Specific Plan Plan East Single-Family East Lake Specific East Lake Specific Residences Plan Plan West Vacant East Lake Specific East Lake Specific Plan Plan ,,-... ACENDA ITEM NO.~ PAGE-1L-~ PLANNING COMMISSION STAFF REPORT SEPTEMBER '07, 2004 PAGE 3 of 15 PROJECT TITLE: TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR "BELCARO" . "" PROJECT DESCRIPTION(S) 1ENTA TIVE CONDOMINIUM MAP 32670 The applicant requests approval to establish a proposed residential condominium community. Condominium projects are defined as "subdivisions" pursuant to Section 66424 of the California Subdivision Map Act (CSMA). Consequently, this project requires Planning Commission and City Council consideration pursuant to the requirements of Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC). The condominium concept would allow the applican~ to be able offer individual dwelling units for sale within the building structures as defined by the Tentative Condominium Map No. 32670, while sharing common interest, ownership and maintenance responsibilities' within the common areas. These common areas entail a swimming pool/jacuzzi area, a tot lot, barbecue/picnic areas, common walls and fences, aisle-ways, pavemens minor accessory structures such as monument signs, mail boxes, landscaped areas, and onsite underground and aboveground utility infrastructure improvements necessary to service and support the residential community. RESIDENTIAL DESIGN REVIEW NO. R 2004-10 - __.. __ ___..on ... . __.. ... n......, ,_ _ "" Siting The applicant is proposing to develop the vacant site with twenty-seven (27) two story wood framed buildings, totaling approximately 222,240 square feet. The total of all structures proposed. will cover approximately 33% of the 9.55 net acre site and will be developed at a maximum density of 14.76 dwelling units per net acre. The buildings will consist of twenty (20) six (6) unit buildings and seven (7) three (3) unit buildings. The three (3)-unit building will be approximately 5,556 square feet and the six (6)-unit building approximately 11,112 square feet. The attached condominium units will range in size from a two (2) bedroom-l,156 square foot unit to a three (3) bedroom 1,540 square foot unit. Each of the condominiums will have access to a private bakony or courtyard area and will be afforded an enclosed two- (2) car attached garage. A six-foot high perimeter pilaster/block wall will be located along the entire perimeter of the site. Considering the shape of the lot, with regards to the ratio of lengtJJ. to width, the applicant has chosen to maximize the potential of the property by providing one long private drive through the center of the community. A gate controlled emergency secondary access will be provided on the east boundary of the property towards the rear of the complex between Building(s) 24 and 25, as shown on Tentative Condominium Map 32670. The emergency access will be restricted to exiting only and will not be accessible from Elm Street. Although, the residents will have the capability of free and unhindered access from the community to Elm Street, the CC&R' s have been conditioned to include language enforcing limited access to emergencies only. '-'" AGENDA ITEM NO.:&..' . .. PAGE I~ OP . ., . . ',' ~ PLANNING COMMISSION STAFF REPORT SEPTEMBER 07,2004 PAGE 4 of IS PROJECT TITLE: TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR "BELCARO" . The condominium buildings will be perpendicularly oriented towards the private drive and will, as a function of design, provide <<pedestrian friendly" common areas throughout the site for the residents. Two (2) raised circular landscaped planter driveway elements will be incorporated into main driveway, providing pivot focal points. One (1) circular element will be located at the hub of the project, providing circulation both for the project as well as access to the "Recreation Area". Decorative stamped concrete will provide definition as well as a creating vehicle calming device for safe pedestrian access. The other circular element, located towards the rear of the project, will provide turn around capabilities for the Fire Department, as well as access to Condominium Building No. 13 and the Sewer Lift Station and Detention "Water Quality" Basin. Although, the residents will not have immediate access to the "conservation area",. as designated by the Multiple Species Habitat Conservation Plan (MSHCP) to the south of the project, the applicant has designed the block wall with a "cold joint" accommodating a future gate when this area becomes available to safe pedestrian access. ,--. The "Recreation Area", conslstmg of a swimming pool, Jacuzzi, Tot-Lot and a bathroom/maintenance building will be located between Buildings (6) and (J). Additional landscaped open .space areas have been provided throughout the complex, augmenting the landscaping pr.<>vige(L:irQul1c1. the "recreation area". Pedestrian access to the pool area will J;!L provided via common area sidewalks along the main driveway and throughout the complex. The "Tot Lot" will be conveniendy located within the recreation area at "hub" of the community. Decorative Light Standards and "bollards" will be placed strategically throughout the complex. Trash enclosures will also be provided at convenient locations throughout the project. Finally, due to the elevation difference between the main sewer lines within Lakeshore Drive and the building pads, the applicant is also proposing a sewer "pump site" at the rear of the site. Likewise, the applicant is also proposing a detention basin adjacent to the "pump site", which has been designed to contain and clarify the runoff water created by the proposed development. The "pump site" will be housed within an enclosed building, architecturally consistent with the design of the Condominium Buildings. The Detention Basin will be enclosed with a "wrought iron" fence and a block wall. Site Elevations .' Considering that the site is located within the flood boundaries as established by Chapter 15.68 (Floodplain Management) of the LEMC, particular attention was paid to the elevation of the foundations. Additionally, pursuant to the Flood Insurance Rate Map (FIRM) issued by Federal Emergency Management Agency (FEMA) , the subject project is designated within the Zone(s) <CAE" and "X" (Community Parcel Number 0606362066F). Consequendy, the required elevation of the building's finish floors is 1,264 feet above mean sea level, with an additional three foot (3') wave allowance, for a final finish floor elevation of 1,267 feet above mean sea level. In consideration of '" AOENOAITEMNO.~_ -~ -_ PACE J ~ -.:;pp-.JJ.IJ,;. PLANNING COMMISSION STAFF REPORT SEPTEMBER 07, 2004 PAGE 5 of 15 PROJECT TITLE: TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR "BELCARO" . ....., the parameters established by FEMA and the LEMC, and in order to accommodate existing site conditions, the applicant prepared and submitted a "Wave Run-up" study, which provided evidence to support a final allowable elevation not to exceed 1266 feet above mean sea level. In response to the City's Engineer approval of the study, the applicant is proposing minimum "finish floor" elevations of 1266.00 to 1268.25 as shown on the Grading Drain~ge Plan and Tentative Condominium Map No 32670. Circulation and Parking Space Layout Access to the site will be made available by way of a non-gated central driveway located off of Lakeshore D~ve. Likewise, the applicant has been conditioned to dedicate an additional thirty feet (30'), contributing to the 120-foot designated right of way for Lakeshore Drive. Stainped colored concrete will be provided at the driveway entrance to indicate pedestrian crossing and create a vehicle calming device. Further, a gated "Secondary Emergency Access" will be provided along the easterly property line towards the rear of the proposed project site. The gated secondary access, restricted to exiting only, will provide emergency vehicular access for the residents, as well as emergency vehicles. Further, the secondary access will allow safe passage to Elm Street and ultimately Lakeshore Drive in case of an emergency. Likewise, the Fire Department will have right o(entry__~(Jlln emergency accessible "kno~. box" to procure a route into the site via Elm Street, ......,_ should the private driveway along Lakeshore Drive be blocked. Ultimately, the proposed project will require a total of 2.5 parking spaces per dwelling unit, one (1) of which must be enclosed. In compliance, the applicant is proposing 282 covered spaces (within enclosed attached garages) .and 71 open parking spaces. No compact spaces are proposed. The garage entrances will generally face each other and take access off the proposed private drive. Open parking spaces have been located at strategic locations throughout the project site as requited by the ELSP and the LEMC. Landscaping The applicant is proposing to develop the site with 161,556 square feet of recreation area, courtyards and miscellaneous landscaping. The detention basin as well as all open space areas and landscaping are to be maintained by a Homeowner's Association (HOA) as conditioned. A thirty-foot (30') LDZ consisting of a decorative "green wall", various trees, shrubs and ground cover will be provided along Lakeshore Drive. The street trees proposed will be *strategically placed thirty-foot (30') on center. The decorative six foot (6') high perimeter block wall proposed behind the planter area along Lakeshore Drive will be constructed of tan colored split face block and topped with a decorative concrete cap. Split face pilasters placed every thirty feet (30') will be incorporated into the design of the wall and will be topped with a decorative concrete cap. Additionally, in order to soften the block wall, the applicant has also proposed self-clinging climbing vines along the entire length of Lakeshore Drive creating a "green wall" effect. The plant material for the site will include; """ AGEMDA I1EM NO.~.. PAGE 1'-/ ~..iiJii:, PLANNING COMMISSION STAFF REPORT SEPTEMBER 07, 2004 ,....... PAGE 6 of 15 PROJECT TITLE: TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR "BELCARO". Glossy Abelia, Pittosporum T. Wheeleri, Rhaphiolepis Indica, Texas Privets, Fortnight Lilies, Heavenly Bamboo, Junipers, climbing roses, California Sycamore, California Pepper, African Sumac, Crape Myrtle and Mexican Fan Palms. The applicant is aware that if any palms are chosen, compliance with the City's Palm Ordinance will be required. The Common areas will be provided with "Marathon Turf' and additional shade and accent trees as offered on the plant palate. The buildings will generally be situated on landscaped islands consisting of assorted ground cover, shrubs and trees. The meandering sidewalks at the entrances to the condominium units will be arrayed with turf, ground cover and various shrubs and trees. The "Recreation Area" will also incorporate various shade and accent trees at integral locations augmenting the architectural style of the buildings. The private courtyards will remain un- landscaped to allow each owner the opportunity to create his or her own private yard area. All trash enclosures will have landscape planters on three sides to accommodate climbing vines. Noise --- In compliance with Table X-2 (Recommended Interior and Exterior Noise Standards) of the City's General Plan and Mitigation Monitoring Program No. 3.3.5.(Noise) of the Environmental Impact Report prepared for the East Lake Specific Plan, the pr()ject l!lust comply with a maximum exterior noise level of 60Ldn and an interior noise level of 45 Ldn. In order to attenuate the noise generated by the traffic along Lakeshore Drive, various types of mitigation techniques were recommended by the EIR. Primarily, two (2) development techniques were examined and suggested. The first technique suggested a fifty-seven foot (57') setback from the face of curb to the first structure" and the other: suggested a ten-foot (10') block wall with a twenty foot (20') setback. Since the ten-foot (10') wall would have created a less than pleasing street theme, the applicant is proposing a decorative six-foot (6') high split face pilaster/block "green wall". Fence and Walls The applicant is proposing a six-foot (6') high pilaster/block wall located arouhd the entire perimeter of the site and along Lakeshore Drive. In order to attenuate the sound generated by the traffic along Lakeshore Drive and provide an aesthetically pleasing and easily reproducible street theme, the applicant has agreed, in response to staff's recommendation, to construct a decorative split-face/pilaster "green wall". The "green-wall" concept would ~ accomplished through the planting and training of climbing vines and will be easily reproducible by future developments (e.g. Single-Family homes). A three-foot (3') retaining wall is also proposed along Lakeshore Drive ahd will be separated from the block wall by a four-foot (4') planter area. In conjunction with the front wall, a split-face block wall is proposed along the entire perimeter of the site and will be planted with climbing vines. The "detention basin" will be secured with a decorative block wall as well. ,-... AGENDA ncMNOo:&: PAGE 1-) op . .... r . . . PLANNING COMMISSION STAFF REPORT SEPTEMBER 07, 2004 PAGE 7 of15 PROJECT TITLE: TENTATIVE CONDOMINiUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR "BELCARO" . ......, Architecture The architectural design of the condominiums can generally be identified as either a French style or Spanish style architecture. The "Recreation Area" restroom/pool equipment building will be dedicated to the French Architectural design and will incorporate a spiral entry tower and decorative wood trellis. Likewise, the applicant will incorporate architectural enhancements to each building conducive to each type of architectural design. These architectural enhancements will include such elements as arched opening at the front entries, recessed arched windows at strategic locations within the building's wall plane, decorative corbels, arched foam pop out window trims, spiral "turret" architectural elements, pitched tile roof elements, decorative ornamental iron work, decorative light fixtures, "pipe" tile attic vents and wood shutters. The garage doors themselves will be segmented paneled roll up doors. The proposed windows will be vinyl coated divided lites. The applicant is also proposing open balconies for specific dwelling units. Color and Materials The applicant is proposing twenty-seven (27) residential condominium buildings, presented in two (2) diverse architectural designs (Spanish and French Country). The architectural designs will be furt4erel}h:m~ecl via a variation of four (4) dist:in<::t ColQr Schemes (See Exhibit(~)"W".('X~', 'CY "wIf/II "and "Z"). Each building design (French and Spanish)- will then have two (2) color schemes available. CONDITIONAL USE PERMIT NO. 2004-24 Pursuant to Section 17.30.020 (permits Required) of the Lake Elsinore Municipal Code (LEMC), the applicant is requesting a Conditional Use Permit for the establishment of the subject condominium project. As allowed in the LEMC the Planning Commission is empowered to grant and to deny applications for Conditional Use Permits and to impose reasonable conditions upon the granting of Conditional Use Permits. ANALYSIS CONDOMINIUM MAP N0.32670 ,. Primary concerns dealing with condominium projects are the establishment of appropriate mechanisms to ensure the successful and consistent aesthetic appearance of residential complexes. Moreover, the establishment of unmistakable rules and boundaries or covenants, conditions, and restrictions (CC&R's) for ownership, interest, and maintenance responsibilities of common areas as well as individual areas within the units sold will be required. The establishment of the CC&R's, corroborating each of these elements, will be recorded against the project as a condition of approval. Additionally, a homeowner's association (HOA) must be established prior to the sale of the last unit ~ ACENDAmMNO.~ PAGE .Ie, ~ PLANNING COMMISSION STAFF REPORT SEPTEMBER 07, 2004 '" PAGE 8 of 15 PROJECT TITLE: TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR "BELCARO" . sold. The HOA will be empowered to administer and enforce the various elements of the CC&R's. To accomplish this, homeowner's associations in most cases will establish monthly fees that cover aspects such as landscape maintenance, parking lot maintenance (utility infrasttucture improvements). Likewise architectural design cominittees are often established to guarantee consistent design improvement within complexes. The applicant has submitted a copy of the proposed CC&R's to the Planning Division, which is being reviewed by the City Attorney and will be ultimately reviewed and approved by the Community Development Director. Additionally, Staff has added a condition of approval to address this matter. Correspondingly, pursuant to Section 17.30.040 (Documents Required) of the LEMC, staff has added a condition of approval which will require that a homeowner's association be established prior to the issuance of a certificate of occupancy for the first dwelling unit. Exhibit <CAn illustrates the Condominium Plan for all common areas and individual units. The plan submitted has been found acceptable by staff. The CC&R's will contain language considered necessary to address more specific ownership, interest, and maintenance responsibilities. RESIDENTIAL DESIGN REVIEW NO. R 2004-10 --- SJtfflg The proposed site plan meets the requirements of Amendment Two Section 7.4.3 (Revisions to Residential 2) and Section 7.8 (parking Requirements) of the East Lake Specific Plan. Pursuant to the East Lake Specific Plan, the maximum lot coverage allowed is seventy percent (70%). The applicant h!ls proposed a thirty-three percent (33%) <Clot coverage" ~ell below the allowed standard. Additionally, the Specific Plan requires a total of 2.5 parking spaces, with one space enclosed per dwelling unit or a total of 352.5 parking spaces. In compliance the applicant has provided 353 parking spaces, with 282 parking spaces contained within enclosed garages. Densiry The proposed density generally meets the requirements of the East Lake Specific Plan Amendment Two Section 7.4.3 (Revisions to Residential 2). As alluded to earlier, the proposed project is located within Planning Areas 4 and 5 of the East Lake Specific Plan. According to the Specific Plan, Planning Area 4 has been designated and identified as Residential 3..(Up to 22 dwelling units per acre). Like wise, Planning Area 5 has been identified as Residential 2 (Up to 14 dwelling units per acre). Although, the subject project proposes a density of 14.76 dwelling units per acre, exceeding the allowable under Residential 2, the applicant is proposing less dwelling units than would be have been allowed under the Specific Plan. The portion of the project within Planning Area 4 of the Specific Plan, which contains approximately 2 acres, forty-four (44) dwelling units would have been /"'" allowed. Likewise Planning Area 5, which contains approximately 7.33 acres, 108 dwelling units would have been allowed, for a total of 152 dwelling units. In response, the applicant is only AGENDA mM NO.~. pta:~r7 _op:.:IiJIJ,;. PLANNING COMMISSION STAFF REPORT SEPTEMBER 07, 2004 PAGE 9 of 15 PROJECT TITLE: TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR "BELCARO" . ....., proposing 141 dwelling units. Circulation and Parking Space Layout The circulation and parking space layout meets the requirements set forth in Section 7.8.6 (Circulation and Parking Space Layout) of the East Lake Specific Plan, in that all parking has been designed to provide complete and through circulation wherever possible. Additionally, adequate turning radii and turnarounds have been provided for emergency vehicles, trash and delivery trucks. Moreover, the applicant has provided 282 enclosed parking spaces and 71 open standard parking spaces. No "compact spaces" are being proposed as a part of this application. Landscaping The landscape design of the proposed condominium complex meets the requirements set forth within Chapter VI (Design Guidelines) of the East Lake Specific Plan in that the proposed landscaping and open spaces have formed a community structure composed of individual components which significantly contribute to a memorable sense for the "East Lake" area. Further, the applicant has also provided a thirty foot (30) average Landscape Development Zone (LDZ) ~1()ngLa~esh()r~ :Qrivennas required by Section 7.10.1 (Perill1et~r Streets) of the East y/e~_Jp-~tjfjr Plan. ....., Noise The project meets the req~ements for noise attenuation as established by the East Lake Specific Plan Environmental Impact Report. In compliance, the applicant has also prepared an acoustical study, entitled "Noise Analysis for Tract 32670" (See Attachment No.3). Concurrent with the EIR, the analysis confirmed that in order to meet the 60 Ldn exterior noise standard and the 45 Ldn interior noise standard, noise barriers would be required along Lakeshore Drive. However, the noise analysis also found that the actual barrier height needed was four foot six inches (4'6") for Pad 1 (1277.5) and five foot six inches (5'6") for Pad 2 (1277.5) above the proposed retaining wall. Although, these findings were contrary to the ten-foot (10') wall established by the EIR (See Table 4 of the Noise Analysis for Tract 32670), staff believes that the ultimate goal of the Specific Plan has been met. .. Private Open SPace .... ... The project meets the requirements for private open space pursuant to Section 7.4.3. (Revisions to Residential 2) and Section 7.4.4 (Revisions to Residential 3) of the East Lake Specific Plan which both require one hundred (100) square feet of private open space per dwelling unit. In compliance the applicant has provided a minimum private open space of 162 square feet, which is devoid of structures and improvements other than those provided for landscape or recreation purposes. ~ AGENDA I1EM NO.:&-- PAGE I~ CJIIl .. - . . . PLANNING COMMISSION STAFF REPORT SEPTEMBER 07, 2004 "" PAGE 10 of IS PROJECT TITLE: TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR "BELCARO" . Architecture The architectural design of the condominium buildings meets the requirements set forth within Chapter VI (Design Guidelines) of the East Lake Specific Plan in that .the applicant has chosen Spanish style architecture as well as a French/Victorian style recommended by the Design Guidelines. Additionally, the architecture of the buildings has been designed to achieve harmony and compatibility within the residential neighborhoods, while providing the flexibility to create variety in the architectural expression and interpretation of the design styles envisioned for the community. Correspondingly, the applicant has provided a variety of building design and form by employing treatments, such as staggering planes along the exterior walls, which will create light and shadow. Color and Materials ~ The color and materials proposed for this project meets the intent of Section6Ac. (Materials and Colors) of the East Lake Specific Plan, in that the colors and materials proposed, will create a sensitive alteration of colors and materials, producing diversity and enhancing the architectural effect~, Additioflally, the color~and materials proposed will assist in blending the archite<:tl.lrdnt() the existing landscape. CONDITIONAL USE PERMIT NO. 2004-24 In compliance with Chapter 17.30 (Condominiums and Condominium Conversions) of the LEMC the applicant has filed a request for a Conditional Use Permit. This request for a conditional use permit is consistent with the findings and requirements set forth in Chapter 17.74 (Conditional Use Pennits) of the LEMC which states that: The Ciry realizes that certain uses have operational characteristics that, depending upon the location and design of the use, mqy have the potential to negativelY impact adjoining properties, businesses, or residents. Said uses therefore require a more comprehensive review and approval procedure, including the abiliry to condition the project, in order to mitigate a'!} detrimental impact. In order to achieve this, the Planning Commission is empowered to grant and to de'!} applications for Conditional Use Pennits and to impose reasonable conditions upon granting of Conditional Use Pennits. . Considering the potential ramification to the general health, safety, comfort, or general welfare of the community, as admonished, staff has paid particular attention to specific technicalities related to the development of the proposed use. These details included traffic impacts, local street circulation, internal vehicular and pedestrian circulation, landscape buffering, private common area amenities ,-... (i.e. swimming pool, Jacuzzi, tot lots and picnic areas), architectural compatibility and rebted development standards. ACENDAITEMNO.&- .. PAGE /q Of . , -.. PLANNING COMMISSION STAFF REPORT SEPTEMBER 07, 2004 PAGE 11 of 15 PROJECT TITLE: TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR "BELCARO" . ~ Further, pursuant to Section 17.30.040 of the LEMC, the applicant has been conditioned to convey the common open spaces to a homeowner's association (HOA). In compliance, the applicant has been conditioned to submit a declaration of covenants, conditions, and restrictions (CC&R's), to be reviewed by the City Attorney and reviewed and approved by the Community Development Director, which will govern the association. Correspondingly, the applicant has been conditioned to establish said homeowner's association prior to the issuance of a certificate of occupancy for the first dwelling unit. ENVIRONMENTAL Pursuant to the California Environmental Quality Act (CEQA), Section 15162 (Subsequent EIRs and Negative Declarations), staff hasdetennined that the proposed project is consistent with the East Lake Specific Plan Environmental Impact Report and Mitigation Monitoring Program (State Clearing House No. 92092027), the 1998 Specific Plan Amendment No.1 and the 1999 Specific Plan Amendment No 2, previously approved by the City Council. Additionally, staff has found that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP) in that although, the previously graded site falls within a Critical Area Cell 4743, Subunit 3, the project is .outside the designated Conserv~tion Area amI would not compromise the conservation goals ual!~l. ._uo_. ......." maintenance of the habitat connections to the adjacent Cells (4646, 4742 and 4846). Therefore no additional environmental clearance is necessary. RECOMMENDATIONS It is recommended that the Planning Commission adopt; Resolution No. 2004-_ recommending to the City Council approval of the Tentative Condominium Map 32670, Resolution No. 2004-_ recommending to the City Council approval of Residential Design Review R 2004-10 and ~esolution No. 2004- _, approving Conditional Use Permit No. 2004-24 based the following Findings, Exhibits "A" thru "bb" and the proposed Conditions of Approval. FINDINGS - CONDOMINIUM SUBDIVISION 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivi~ion is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project as designed assists in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1.0~ Land Use Element) as well provide decent housing opportunities and a satiifying living environment fOr residents of Lake Elsinore (GOAL 1.0~ Housing Element) '-' AGENDA ITEM NO.~.--. PAGE. ;;(0 _a,~ PLANNING COMMISSION STAFF REPORT SEPTEMBER 07,2004 ,....... PAGE 12 of 15 PROJECT TITLE: TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR <'BELCARO" . 2. The effects this project 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. Considering the effects this project is likelY to have upon the needs 0/ the region a condition of approval was implemented which would require the applicant to enter into an agreement with the Redevelopment Agenry of the City of Lake Elsinore, providing 15% of the units in the project as affordable housing units in accordance with the requirements of Section 3 3413 (b) of the CalifOrnia Community Redevelopment Law or an alternative equivalent action which mqy include (without limitation) dedication of vacant land, construction of affordable units on another site, or pqyment of an in lieu fee calculated to provide sufficient funds to undenvrite the long-term affordabili!J of an equivalent number 0/ affordable dwelling units constructed or substantiallY rehabilitated on other sites within the City's redevelopmentproject areas. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The pTY!Ject has been adequatelY conditioned ry all applicable departments and agencies and will not therefore result in af!)' significant environmental impacts. ----- FINDINGS - DESIGN REVIEW ~ 1. The project, as_approved, will comply with the goals and objectives of the GeneraLPlan-and the Zoning District in which the project is located. ' The proposed Residential Design Review located within Assessor Parcel N umber(s) 373 -221-032 and 057 complies with the goals and olijectives of the General Plan, in that the approval of this Condominium Community 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 Residential Design Review located at Assessor Parcel Number(s) 373-221-032 and 057 is appropriate to the site and surrounding developments in that the Condominium project has been designed in consideration of the size and shape of the property, therery creating interest and varying vistas cis a person moves along the street. Further the prqject as proposed will complement the quali!J of existing development and will create a visual[y pleasing, non-detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design propose! evidence a concern for quality and onginality. 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 Residential Design Review located at Assessor Parcel Number(s) 373-221-032 and 057, as reviewed and conditioned ry all applicable ) AGENDA IIEM NO.~ PACE Jv/ ~~ PLANNING COMMISSION STAFF REPORT SEPTEMBER ()7, 2004 PAGE 13 of15 PROJECT TITLE: TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR "BELCARO" _ City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to attached Conditions of Approval Additionalfy, sttiff has determined that although the subject project falls within Criteria Cell 4743 it is well outside the Conservation Area identified fry the Multiple Species Habitat Plan and will not compromise the conservation goals and maintenance of the habitat connections to the a4Jacent cells (4646, 4742, and 48460. 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 Review located at Assessor Parcel Number(s) 373-221-032 and 057 has been scheduled fir consideration and approval oj the Planning Commission. FINDINGS - CONDITIONAL USE PERMIT 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 achieve a well balanced. and functional mix of residential, commercial, industn'al, open space, . recreational and institutional land uses, staff has thoroughfy evaluated the land use compatibility, noise, traffic and other environmental hazards related to the proposed Conditional Use Permit fir a Condominium Community located at Assessor Parcel Number(s) 373-221-032 and 057, According!J, the proposed land use is in concumnce with the objectives oj the General Plan and the purpose oj the planning district in which the site is located. 2. 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 City, or injurious to property or improvements in the neighborhood or the City. In accord with the purposes oj the Chapter 17.14 (Conditional Use Permits) oj the Lake Elsinore Municipal Code, the City realized that the proposed condominium use located at Assessor Parcel Number(s) 373-221-032 and 057 mqy have a potential to negativefy impact the we!fare oJpersons residing or working within the neighborhood or the City- Considering this, staff has substantiated that all applicable Ciry Departments and Agencies have been tifforded the opportunity fir a thorough review of the use and have incorporated all applicable comments and/or conditions related to.,installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate atry negative impacts to the general health, scife!y, comfort, or general we!fare of the surrounding neighborhood or the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Tide 17 of the LEMC. '-'" .~ '-'" AGENDAnaaNO.~. . PAGE d..O...~ ,..... PLANNING COMMISSION STAFF REPORT SEPTEMBER '07,2004 PAGE 140ftS PROJECT TITLE: TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR "BELCARO" . The proposed condominium use located at Assessor Parcel Number(s) 373-221-032 and 057 has been designed in consideration of the size and shape of the properry, thereby strengthening and enhancing the immediate industrial area. Further, the project as proposed, will complement the qualiry of existing development and will create a visuallY pleasing, non-detractive relationship between the proposed and existing projects, in that the storage area has been reviewed to ensure adequate provision of screening from the public rights-f!fwqy or acijacent properties. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. "...... The proposed condominium use Incated at Assessor Parcel Number(s) 373-221-032 and 057 has been reviewed as to its rekition to the width and type of pavement needed to carry the type and quantiry of trciffic generated, in that the Ciry has adequatelY evaluated the potential impacts associated with the proposed outdoor storage pnor to its approval and has conditioned the project to be seroed by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and birycle. 5. In approving the subject use located at Assessor Parcel Number(s) 373-221-032 and 057, there will be no adverse affect on abutting property or the permitted and normal use thereof. The proposed use has been thoroughlY reviewed and conditioned by all applicable Ciry Departments and 'outszdeAgencies, eliminating" the potential for a'!} and all adverse eJ!ectson tbe abuttingproperry. 6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have been incorporated 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 Section 17.74.050 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (lEMC), the outdoor storage use located at Assessor Parcel Number(s) 373-221-032 and 057 has been scheduledfor consideration and approval of the Planning Commission. PREPARED BY: ROLFE PREISENDANZ, ASSOCIATE PLANNER REVIEWED BY: G. VILLA, PLANNING AND CODE ENFORCEMENT MANAGER APPROVED BY: ~ TY DEVELOPMENT DIRECTOR ATTACHMENTS "...... 1. 2. PLANNING COMMISSION RESOLUTIONS CONDITIONS OF APPROVAL AGENDA ITEM NO.:&- __ PACE ~i OIl ,- - . . . PLANNING COMMISSION STAFF REPORT SEPTEMBER 07, 2004 PAGE 15 of 15 PROJECT TITLE: TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR "BELCARO" . ...." 3. NOISE ANALYSIS FOR TRACT 32670 4. BIOLOGICAL ANALYSIS FOR TRACT 32670 5. EXHIBITS . REDUCTIONS (8 % x 11) Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L ExhibirM Exhibit N Exhibit 0 Exhibit P Exhibit Q Exhibit R Exhibit S Exhibit T Exhibit U Exhibit V Exhibit W Exhibit X Exhibit Y Exhibit Z Exhibit aa Exhibit bb Tentative Condominium Map 32670 Grading and Drainage Plan Conceptual Landscape Plan Conceptual Entry Plan Conceptual Model Complex Plan Architectural Site Plan (Sheet SP) Residence One Floor Plan (Sheet 1.0) Residence Two/Comer Unit Floor Plan (Sheet 2.0) Residence Two/Interior Unit Floor Plan (Sheet 2.1) Residence Three/Floor Plan (Sheet 3.0) 3-Plex Building Floor Plan (Sheet 4.0) 3-Plex Building Spanish Elevation Plan (Sheet 4.1) -J;..Plex..Building..FlmnPlan:,(Sheet -4.2) 3-Plex Building French Elevation Plan (Sheet 4.3) 6-Plex Building Spanish Upper Floor Plan (Sheet 5.0) 6-Plex Building Spanish Lower Floor Plan (Sheet 5.1) 6-Plex Building Spanish Elevation Plan (Sheet 5.2) 6-Plex Building French Upper Floor Plan (Sheet 5.3) 6-Plex Building French Lower Floor Plan (Sheet 5.4) 6-Plex Building French Elevation Plan (Sheet 5.5) Building Sections (Sheet 6.0) Recreation Area Building Elevation/Floor Plan Exterior Colors and Materials (Scheme 1 of 4) Exterior Colors and Materials (Scheme 2 of 4) Exterior Colors and Materials (Scheme 3 of 4) Exterior Colors and Materials (Scheme 4 of 4) Full Size Plans of Exhibit Colored Portfolio ..." ." ~ AOEN~"w~ ~ ATTACHMENT NO.1 PLANNING COMMISSION RESOLUTIONS - ,.,. - IlllENDA IIEM NO.---.il3.-.. PAGE ~S-'-..JJIJ:. RESOLUTION NO. 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE CONDOMINIUM MAP NO. 32670 FOR "BELCARO" A RESIDENTIAL CONDOMINIUM COMPLEX TO BE LOCATED WITHIN PLANNING AREA(S) 4 AND 5 OF THE EAST LAKE SPECIFIC PLAN, ASSESSOR PARCEL NUMBER(S) 373-221-032 AND 057. 'w1JI' WHEREAS, an application has been filed with the City of Lake Elsinore by Bruce New, D.R. Horton Los Angeles Holding Company, Inc. to request the approval of Tentative Condominium Map No.32670 for the establishment of a residential condominium community. WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of recommending approval of Tentative Condominium Maps for residential projects; 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 September 07, 2004; NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES 'w1JI' HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed request for Tentative Condominium Map No. 32670 and has found it acceptable. The Planning Commission finds and determines that this project is consistent with Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), Section(s) 66424 and 66427 of the California Subdivision Map Act (CSMA), the East Lake Specific Plan and the Lake Elsinore Municipal Code and that no further environmental review is necessary pursuant to the California Environmental Quality Act (CEQA), Section 15162.; SECTION 2. That in accordance with the Section(s) 66424 and 66427 of the California Subdivision Map Act (CSMA) and Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), the following findings for the approval of the condominium map has been made as follows: t' FINDINGS - CONDOMINIUM SUBDIVISION 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). ~ ACENDA ITEM NO.~. P~~OP~ ,....... RESOLUTION NO. 2004-_ PAGE NO.2 The project as designed assists in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1.0, Land Use Element) as well provide decent housing opportunities and a satisfying living environment for residents of Lake Elsinore (GOAL 1.0, Housing Element) 2. The effects this project 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. Considering the effects this project is likely to have upon the needs of the region a condition of approval was implemented which would require the applicant to enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore, providing 15% of the units in the project as affordable housing units in accordance with the requirements of Section 33413(b) of the California Community Redevelopment Law or an alternative equivalent action which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee calculated to provide sufficient funds to underwrite the long-term affordability of an equivalent number of affordable dwelling units constructed or substantially rehabilitated on other sites within the City's redevelopment project areas. -. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The project hdsDeen adequately dxnditionedby alldppliCiible departments and agencies and will not therefore result in any significant environmental impacts. NOW, THEREFORE, based on the above Findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND TO THE CITY COUNCIL APPROVAL of a Tentative Condominium Map No. 32670. Ron LaPere, Chairman Lake Elsinore Planning Commission >> .. I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on September 07, 2004 by the following vote: ,....... AGENDA ITeM NO.---.il1.-.. PAOE~7 ~ RESOLUTION NO. 2004- PAGE NO. 3 ....., AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: A TrEST: Robert A. Brady, Secretary to the PlaIlliing Commission ,.....", . .. ...,.", A\lENDAmMNO.~. PAGE 2'R __OP~ ~ RESOLUTION NO. 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF RESIDENTIAL DESIGN REVIEW NO. 2004-10 FOR THE DESIGN, CONSTRUCTION AND ESTABLISHMENT OF "BELCARO" A RESIDENTIAL CONDOMINIUM COMPLEX, TO BE LOCATED WITHIN PLANNING AREA(S) 4 AND 5 OF THE EAST LAKE SPECIFIC PLAN, ASSESSOR PARCEL NUMBER(S) 373-221-032 AND 057. WHEREAS, an application has been filed with the City of Lake Elsinore by Bruce New, D.R. Horton Los Angeles Holding Company, Inc., to request the approval of Residential Design Review No. 2004-10 for the design, construction and establishment of a residential condominium community; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of recommending approval of Design Reviews for residential projects; 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 September 07, 2DOA; NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed request for Residential Design Review No. 2004-10 and has found it acceptable. The Planning Commission finds and determines that this project is consistent with the East Lake Specific Plan and the Lake Elsinore Municipal Code (LEMC) and that no further environmental review is necessary pursuant to the California Environmental Quality Act (CEQA), Section 15162. SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code the following findings for the project have been made as follows: FINDINGS - DESIGN REVIEW t. 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 Residential Design Review located within Assessor Parcel Number(s) 373-221-032 and 057 complies with the goals and oi?jectives tf the General Plan, in that the approval of this Condominium ,-.. Communiry will assist in achieving the development of a well-balanced and functional mix of residential, AGENDA rreM NO.--.:il3.-.. PACE :E~ RESOLUTION NO. 2004- PAGE NO.2 ~ . commercial, industrial, open space, recreational and institutional land USC.f 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 Ruidential Design Review located at Assessor Parcel Number(s) 373-221-032 and 057 is appropriate to the site and sUTTOunding developments in that the Condominium project has been designed in consideration if the size and shape of the propertY, therefry 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 materials and site design proposed evidence a concern for quality and 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 Residential Design Review located at Assmor Parcel Number(s) 373-221-032 and 057, as reviewed and conditioned fry all applicable City Divisions and Departments and Agencies, will not have a significant iffect on the environment pursuant to attached Conditions of ApprovaL AdditionallY, staff has determined that although the subject project falls within Criteria Cell 4743 it is well outside the Conservation Area identified fry the Multiple Species Habitat Plan and will not compromise the conservation goals and maintenance of the habitat connections to the atfjacent cells (4646,4742, and48460. ""-" 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 tEe Planning Commission) of the Lake Elsinore Municipal Code (lEMC), the proposed Industnol Design Review located at AssC.fsor Parcel Number(s) 373-221-032 and 057 has been scheduled for consideration and approval of the Planning Commission. NOW, THEREFORE, based on the above Findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND TO THE CITY COUNCIL APPROVAL of a Residential Design Review No. R 2004-10. J' Ron LaPere, Chairman Lake Elsinore Planning Commission '-' ACENDA~ NO.---21-. PAGE Jo~ ,,-... ---- ---- I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on September 07,2004 by the following vote: RESOLUTION NO. 2004- PAGE NO.2 AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Robert A. Brady, Secretary to the Planning Commission r' ACENDAmMNO.~. PAGE 3/ :or:-...JiJJJ,;. RESOLUTION NO. 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING. CONDITIONAL USE PERMIT NO. 2004-24 FOR THE ESTABLISHMENT OF "BELCARO" A RESIDENTIAL CONDOMINIUM COMPLEX, TO BE LOCATED WITHIN PLANNING AREA(S) 4 AND 5 OF THE EAST LAKE SPECIFIC PLAN, ASSESSOR PARCEL NUMBER(S) 373-221-032 AND 057. ~ WHEREAS, an application has been filed with the City of Lake Elsinore by Bruce New, D.R. Horton Los Angeles Holding Company, Inc., to request the approval of Conditional Use Permit 2004-24, for the establishment of a residential condominium community. WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Conditional Use Permits for residentia\ projects; 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 September 07, 2004; NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: .--.-. ....-_...-...._. .. . .. .. .- .... . --... ---- .. .----- ....-.. .- '---",- -. ...., SECTION 1. The PlaIlhing Commission has considered the proposed request for Conditional Use Permit No. 2004-24 and has found it acceptable. The Planning Commission finds and determines that this project is consistent with the East Lake Specific Plan and the Lake Elsinore Municipal Code (LEMC) and that no further environmental review. is necessary pursuant to the California Environmental Quality Act (CEQA), Section 15162. SECTION 2. That in accordance with Chapter 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal Code (LEMC) the following findings for the project have been made as follows: FINDINGS - CONDITIONAL USE PERMIT 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 arder to adieu: a uxdl balanad and funa:iooal mix of residential, ccmm:rciaJ, industrial, open sfXI'E, rt:rreLlIimal and institutimd land uses, sta/fhas ~hly emluatRd the land use amp:ttihi/ity, noise, traffic and other envi:rrnrrmtal hazards related to the profXJsed CmditWnaL Use Permit for a Condaninium Ornmunity lroaed at Assessor Parcel Numlxr(s) 373- 2 21-03 2 and 0 57. Accordingly, the f7Y0PJsed land .....", ACENDAneMNO.~. PACE J~ _fi:.::JJIL ",,-- RESOLUTION NO. 2004- PAGE NO.2 use is in crn:urreJUE with the objtrt:iu?s of the General Plan and the purJXJSe of the planning district in uhiOJ the site is lroltRd. 2. 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 City, or injurious to property or improvements in the neighborhood or the City. In aaurd with the purposes of the Oxtpter 17.74 (Conditional Use Permits) of the Lake Elsinore MunicifXJl 0x1e, the City realizai that the projXJsed mu/aniniJm use la:ataJ at Assessor Parre! Numkr{s) 373-221-032 and 057 may hare a potmtid to negatiudy i111fXKl themdfareof persons residing oruurking 71ithin the neighWrhaxl or the City. 0nSidering this, staff has subskmtiated that all applimlie City DeJwtrrvrts and Agendes httlR ken afJard<<J the opptunity for a tlJarvug,h review o/the use and hare inaJrpJratRd all applimlie crff8'rml5 and/or cooditia1s related to installatim and mai:ntenarur of landscaping, strret dtr1imtims, ngu/atia1s of points of uhimlar ingress and 19I'5s and cantrol of potential nuisarues, so as to elimimtte any negatiu? im{xKts to the general health, safety, mnJOrt, or tpUffal mdfare of the sunaou/ing neighlurlxxxl or the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the LEMC. ~ The proposal mu/aniniJm use located at Assessor Parcel Numkr{s) 373-221-032 and 057 has lw1 designal in ansideratim of the size and shap; of the property, thereby strengtlxning and enhmcing the immrliateindustrialarea. Further, the projeaasupwposed,wilJ ~ the quality ofexisting.- ~ and will create a Wually pleasing, non-detractire relatimship betliXm the ~ and existing projeas, in that the storage area has ken reviemrl to ensure adequate pruvisim of scrrening fron the puhlir nghts-of'lmJ or adjacent prop;rties. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The proposal mu/aniniJm use located at Assessor Parcel Numkr{s) 373-221-032 and 057 has lw1 reviel.mi as to its re!dtim to the widJh and typ? of pawrmt nredai to carry the typ? and quantity of traffic tpUffatal, in that the City has adequately ewIuated the potential imp1as associated ui1h the propml outdoor storage prior to its appruwl and has canditioned theprojea to Ix: serwi by rrxvls of adequate capaOty and design standards to pruvitk reasanable acress by car, t:nKk, transit, and bi1yde. 5. In approving the subject use located at Assessor Parcel Number(s) 373-221-032 and 057, there will be no adverse affect on abutting property or the permitted and normal use thereof. The proposal use. has lw1 thoroughly revielml and anditioned by all applimble City Departnvlt5 and ad5ide Agendes, eliminating the potentid for any and all adu:rse ejfocts on the abutting property. 6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these fmdings for the term of the use. ~ AGENDA rreM NO.:&: PAGE 3? 011 . .... . ' . RESOLUTION NO. 2004- PAGE NO.3 .....", Pursuant to Sectim 17. 74.050 (Actim of the Planrziws Cwmissim) of the Lake Elsinore Munit:iJxd GxIe (LEMe), the outdror storage use locat<<l at Assessor Paroi NtI111lxr(s) 373-221-032 and 057 has hm scheduled for cmsideratim and afJ171UWl of the Planning Ommissioo. NO\V, THEREFORE, based on the above Findings, the Planning Commission ofthe City of Lake Elsinore DOES HEREBY APPROVE Conditional Use Permit No. 2004-24. Ron Lapere, Chairman Lake Elsinore Planning Commission .1 hereby certify that the preceding resolution was adopted by the Planning Commission. at a meeting thereof conducted on September 07, 2004 by the following vote: . AYES: Commissioners: NOES: Commissioners: ~ ABSENT: . CommIssioners-: - ABSTAIN: Commissioners: ATTEST: Robert A_ Brady, Secretary to the Planning Commission i ....,." AOENOA ITEM NO.:o;5k:.. PAGE "3 if 011 .. r . . ~ ATTACHMENT NO.2 CONDITIONS OF APPROVAL ----- ---- .' AOENDArrEMNO.~.. PAGE :15 ~ ....., GENERAL CONDITION 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Tentative Condominium Map, 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 will prompdy notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to prompdy notify the Applicant of any such claim, or proceeding, ~e Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The applicant shall submit a money order, cashier's check or check, made payable to the County Recorder, in the amount of sixty-four dollars ($64.00) to the Planning Division within 48 hours of the approval date for the required En:vitonmental Filing. TENTATIVE CONDOMINIUM MAP NO. 32670 ....., 3. Tentative Condominium Map No. 32670 will expire tWo (2) years from date of approval unless within that period of time the CC&R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 4. The Tentative Condominium Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 5. Prior to final certificate of occupancy of Tentative Condominium Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. .' 6. Prior to issuance of a grading permit, the applicant shall prepare and record CC&R's against the condominium complex. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC&R's shall established methods to address design improvements. "-'" ADENDAmMWJ.~.. PAGE 3~ ~ "'"' CONDITIONS OF APPROVAL FOR TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR THE "BELCARO" . 7. The applicant shall incorporate specific language into the CC&R's which restrict exiting at the secondary access to emergencies only. 8. No unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or joindy owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, an~ receive approval of, the City prior to making arty such sale. This condition shall not apply to land dedicated to the City for public purposes. 9. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. - 10. Membership in the Home Owner's Association shall be mandatory for each buyer and any successive buyer. 1 L Reciprocal covenants, conditions, and restrictions and -reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed, and embody one (1) homeowner's association with common area for the total development of the subject project. 12. In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 13. Each unit owner shall have full access to commonly owned areas, facilities and utilities. 14. The applicant shall continue to comply with those mitigation measures identified in the Mitigation Monitoring Program adopted with the Environmental Impact Report (State Clearinghouse No. 992092027) prepared for the East Lake Specific Plan Amendment N~(s) 1 and 2. 15. The applicant shall enter into an agreement with the Redevelopment Agency to either provide affordable units in accordance with the provisions of the California Redevelopment Law, appropriate in-lieu-of fees, or a combination of both. ,-. ACENOA ITeM NO.:&: . PAGE 37 op . o. r . . CONDITIONS OF APPROVAL FOR TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR THE "BELCARO" . ....., RESIDENTIAL DESIGN REVIEW NO. 2004-10 16. Design Review approval for Residential Design Review No. 2004-10 will lapse and be void unless building pennits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 17. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 18. All site improvements approved with this request shall be c<?nstructed 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. 19. 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 Jf()~ neighbo1;ing propet:ty or public streets. Any material covering _t:h~t:Q9L_""" equipment shall match the primary wall color. 20. The architectural design of the "pump site" building shall be consistent with the condominium buildings proposed herein. 21. 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. 22. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 23. No exterior roof ladders shall be permitted. 24. Applicant shall use roofing materials with Class "A" fire rating. , 25. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building. 26. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. ~ AOENDA rTEM NO.:&- PAGE 3.g op ' - . , . ,...... CONDITIONS OF APPROVAL FOR TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR THE "BELCARO" . 27. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 28. Decorative paving shall be included at the drive entryways and shall be shown on the construction drawings submitted to Building and Safety. 29. On-site surface drainage shall not cross sidewalks. 30. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 31. 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 Planning Division. PRIOR TO BUILDING/GRADING PERMITS 32. The applicant shall comply with all requirements established by the Multiple Species Habitat Conservation Plan (MSHCP). /"""'. 33. 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. 34. Prior to the commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject to the review and approval of the City Engineer. A bond may be required to pay for damages to the public right-of- way, subject to the approval of the' City Engineer. 35. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. . " b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of 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"). ACENDArrEM NO.~. PAGE 39 --fj::JJ/J:. CONDITIONS OF APPROVAL FOR TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR THE ......, "BELCARO" . 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. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. "-"" j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 36. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District (EVMWD).Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 37. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 38. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 3.9. Prior to issuance of building permits, applicant shall pay park-in-lilu fee in effect at time of building permit issuance. PRIOR TO ISSUANCE OF A BUILDING PERMIT 40. Prior to the issuance of building permits, the applicant shall enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore to provide 15% of the units in the project as affordable housing units in accordance with the requirements of Section 33413(b) of the California ~ Community Redevelopment Law or an alternative equivalent action which may include (without AllENDA IIEM NO.~ PACE 40 __fj~ .~ CONDITIONS OF APPROVAL FOR TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR THE "BELCARO" . limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee calculated to provide sufficient funds to underwrite the long-term affordability of an equivalent number of affordable dwelling units constructed or substantially rehabilitated on other sites within the City's redevelopmerit project areas. 41. The Home Owner's Association shall be established prior to the occupancy release of the first dwelling unit. ENGINEERING 42. Import fill material shall not be permitted. 43. The applicant shall dedicate full half-width of Lakeshore Drive on the project frontage such that the centerli{le to property line measures sixty (60) feet. 44. Construct full half-width street improvements along the project frontage for Lakeshore Drive. Half roadway section shall measure forty-eight (48) feet from centerline to curb face. Street improvements shall include curb, gutter, roadway, sidewalk and landscaping as required for the City standard local road. ",.....- 45. Re-stripe l..akeshQre Drive to provideforleftturn tIlovementsinanclolltoftheproje~ct. Leftturn movements into the project shall require a left turn pocket designed to handle the stacking and design speed of Lakeshore. 46. Curb side parking shall not be permitted on the drive isles or alley ways. 47. Construct a desiltation basin to mitigate for clean water runoff. 48. Construct the transitions along Lakeshore Drive such that the storm water flows are not blocked. 49. The top of building foundation elevations shall be constructed at or above the 1266 foot elevation. 50. Provide two cross sections for each side between the project and the existing, adjacent property. Cross sections shall be shown and approved on the rough grading plan. 51. Provide protection from sewage spilling into the desiltation basin qr lake inlet channel. 52. The roadway adjacent to the inlet channel shall meet with the Fire Department's turnaround requirements. 53. The outlet point of the desiltation basin shall protect the existing slope against erosive velocities and ,-... eroston. ACe.OAITEMNO.~-: ..... . PAGE l/ J op . ' . CONDITIONS OF APPROVAL FOR TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR THE "BELCARO" . ......,. 54. 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. 55. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 56. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to issuance of building permit. 57. 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). 58. 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). 59. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to issuance of Building Permit. '--' .. .60, InteriQ.tstteets shall be designe.dwith 9% as the desired grade and inters.e.ctingstte.ets shall m~et~La ._. maximum grade of 6 % . 61. Pay allfees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 62. 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. 63. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 64. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. t" 65~ 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. 66. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 67. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. ......,. ACENDA ITEM NO.~ PAGE 4:t~~ -"" CONDITIONS OF APPROVAL FOR TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR THE "BELCARO" . 68. 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. 69. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 70. 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. 71. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. -"" 72. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and! or liquefaction zones present on-site or provide documentation from a Professional Geologist or Geotechnical Ellgi,neer that this is not required. . . _____ 73. 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. 74. 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. 75. 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. 76. On-site drainage facilities located outside of road right-of-way shpuld 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". 77. 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. '"" 78. Meet all requirements ofLEMC 15.64 regarding flood hazard regulations. AGENDA ITEM NO.&. .. PAGE /.Lj 011 . . . . CONDITIONS OF APPROVAL FOR TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR THE ""'" "BELCARO" . 79. Meet all requirements ofLEMC 15.68 regarding floodplain management. 80. The applicant to provide FEMA elevation certificates prior to certificate of occupancies 81. 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. 82. 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. 83. Roof and yard drains shall not be allowed to connect directly through cuts in the street curb. Roof drains should drain to a landscaped area when eyer feasible. 84. 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. 85. Applicant will be required to install Best Management Practices (BMP) using the best available technology to mitigate any urban pollutants from entering the watershed. ....., 86. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the develop.ment including maintenance responsibilities. 87. 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 contriQute 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. 89. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 90. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be ....., A(lENDAmMNO.~.. PAGE li'i:-~ ,...... CONDITIONS OF APPROVAL FOR TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR THE "BELCARO" . obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 91. Arrangements shall be made between the City and the applicant for fiscal impacts by the project prior to issuance of the first building permit. The applicant shall participate in a Cost Recovery Program or make other arrangements with the City to offset the annual negative fiscal impacts of the project on public safety and maintenance issues in the City, including city-wide improvements and facilities relating to fire and police protection and maintenance of roadways. 92. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. COMMUNITY SERVICES DEPARTMENT 93. Applicant shall pay park fees in the amount of $197,400.00 (141 units @ $1,400 ea.). ~ 94. No park credits shall be given for private park areas, open space, or recreation facilities constructed within the development. 95. The developer shall utiliZe CR&R for all construction debris removal, hauling, and recycling as per City ordinance. 96. The City landscape architect shall review and approve all landscaping plans. 97. The Home Owner's Association (HOA) shall maintain all landscaped areas including landscaping fronting Lakeshore Drive, open space, water quality basin and all interior plantings. 98. The Home Owner's Association (HOA) shall maintain all block walls and keep them free of graffiti. 99. The controlled emergency vehicular access road shall be maintained to meet all Fire Department requirements. 100. All interior roads, street signs, street markings, sidewalks, enhanced concrete to be maintained by the Home Owner's Association (HOA). " 101. Water quality basin outlet to meet all requirements of the Riverside County Flood Control, Army Corps of Engineers and the City of Lake Elsinore. .--.. DEPARTMENT OF ADMINISTRATIVE SERVICES AGEHDA~NO.~...... PAGE .J _o,..JiJIj;. CONDITIONS OF APPROVAL FOR TENTATIVE CONDOMINIUM MAP NO. 32670~ RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR THE "BELCARO" . ~ 102. Prior to the issuance of the first building permit, the applicant shall annex into Community Facilities District 2003-01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 103. Prior to the issuance of the first building permit, the applicant shall annex into Lighting and Landscape Maintenance District No.1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained by the City anq for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. RIVERSIDE COUNTY FIRE DEPARTMENT 104. The applicant shall comply with all requirements of the Riverside County ~ire Department. Fire protection measures shall be provided in accordance with Riverside County ordinances and/or recognized fire protection standards. 105. Blue retro-reflective pavement markers shall be mounted on public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers shall be approved by the County Fire Department. CONDITIONAL USE PERMIT NO 2004-24 . - - -... ~ 106. Conditional Use Permit No. 2004-24 approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site. 107. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code; Title 17 unless modified by approved Conditions of Approval. 108. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 109. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officia~ Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Conditional Use Pennit/Design Review C 2003-07, which action is brought forward within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. ~ AOENDArreMNO.:&-: . .. PACE 4. (; OP . ... . CONDITIONS OF APPROVAL FOR ",.-- TENTATIVE CONDOMINIUM MAP NO. 32670, RESIDENTIAL DESIGN REVIEW NO. 2004-10 AND CONDITIONAL USE PERMIT NO. 2004-24 FOR THE "BELCARO" . 110. Prior to final certificate of occupancy of the Conditional Use Permit, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 111. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below. 50 decibels between the hours of 7:00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. 112. Security lighting shall be required. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighbonngproperty and streets or allow illumination above the horizontal plane of the fixture. ----- .' ----- J ACENDA I1CM NO......:il3-. PAGE 41_OP..JiJ/J:. ATTACHMENT NO.3 NOISE ANALYSIS FOR TRACT 32670 . . '-' '-' ......, ACEMDA:!tf.~.. PAGE / ~ - NOISE ANALYSIS FOR TRACT 32670 CITY OF LAKE ELSINORE . Report #04-162 August 6,2004 Prepared For: - D. R. Horton 119 North MapleStreeJ,SuiteA Corona, CA 92880 Prepared By: Fred Greve, P.E. Justin Lipke Mestre Greve Associates 27812 El Lazo Road Laguna Niguel, CA 92677 Phone (949) 349-0671 FAX (949) 349-0679 .' "....... ACEllDA I1CM 00.----21- PACE lJ'i ~~ Mestre Greve Associates Report #04-162. Page 2 of 12 SUMMARY NOISE ANALYSIS FOR TRACT 32670 CITY OF LAKE ELSINORE ..., EXTERIOR NOISE LEVELS The exterior living areas in the project must comply with the City's 60 Ldn exterior noise standard. For the exterior living areas, which are exposed to noise levels greater than 60 Ldn, some form of noise mitigation is required. An effective method of reducing the traffic noise to acceptable levels is with a noise barrier. Representative cross-sections along the Lakeshore Drive (see Appendix A for analysis data) were analyzed utilizing the FHW A Model to determine the necessary noise barrier locations and heights. The results of the analysis indicate that in order to meet the 60 Ldn exterior noise standard. noise barriers willbe required along Lakeshore Drive. The required noise barrier locations and .heights to meet the 60 Ldn exterior noise standard are listed below in Table 51 and shown in Exhibit 51. Balconies in the project will be exposed to a noise level of less than 60 Ldn. Therefore. all balconies are projected to meet the 60 Ldn exterior noise standard without noise barriers. Table S1 REQUIRED FIRST FLOOR ......~~T~RI()R~I.IY:rN(;A.~A NOISE BARRIER HEIGHTS AND LOCATIONS "",-,. . PAD APPROXIMATE BARRIER HEIGlIT (FT) * TOP OF WALL ELEVATION (FT) Along Lakeshore Drive Pad 1 Pad 2 4.5* 5.5* 1277.5 1277.5 * - Denotes height above proposed retaining wall The noise barriers may consist of a wall, a berm, or a combination qf the two. The noise barriers must have a surface density of at least 3.5 pounds per square foot, and shall have no openings or gaps. The wall may be constructed of stud and stucco, 3/8-inch plate glass, 5/8-inch plexiglass, any masonry material, or a combination of these materials. ~ AGENDA rTEM. NO.&. . .. PAGE <; D OP . .... ~ '-.. . . III ....: t- N ..... ,,-.... C o ;: - '" C ~ ~ rii ~ -; .3 ~ s.. .... Q,) 0 .t:: Q. s.. 0 ~ E-< * ~ ....'" __.... I -- ....-- I ,...,.."'" I I I I tf ----,--lL--~~:1::~'__ I~ ,miff f", ,f IIJJ~ ..;; tr\~... D' B~ q 2 ~ I II ,re-~ li I' ~ ~ Ii Ie" i~ "\I~I l'~' ! ~\~ ; ~ ~rf (cJ: ~ i: ~\ I l ~. r ftl! ~ \\ . I \ ~ I ~ \ ~ Ii // ~ 1\: II~~ :... \ I .,.~ \ li y I ~~' I ~ I ...~ \~\. \ ~ ~l~ :J:~ \ .:~ (' ~ ~:~/: / ~ /r~~~ : f 1\ ., \ ~ I . I,' FIll ~- I Ii' \ \ ~ j' i ! i ;'~) 'I: \ r ~ l' lll./ l ,} ~ r I $ nL I \fI\_jd~; ~ " - ~ j l"t\~L;: ~ _;~; / _ _="~; ~ - .--- ~~_/ ,h~1 ~~ !a:1 I Aft ~I '- \ ~ ~ ~ I .it i i:/ ~~.. " >oJ -; - ~II - - >;-~-~. . 'l~ 5110" ~ ~i~ ~8 1lW'O ~I / 6l ~ I / ~I t~.. ~rt'-/ \ / .J r 1\ · /.;~ L. I J...." IA I \ '/ .J ~ [1 fUr ~. ~ \ 11t--/ h ~WL!I~I: r:" nJ.J1- ~I '- il;1 ., . ,/ : 1 /!:;! I ~ J-- ~ I - ~ I~I L T ' , ~ I i ~ ~u I ! I '\ ~ I I J, ~~ I . : i~t/ \~ I /' I \ LT : u J'P. I \ I IA 4 I ~ r \ :1 :! / ~ ~ V ~ \ I ~. I r \ I 'I '" I :1 ! i t E ~.~ \ I I P\ II ~ 10 ~ "<.....il I j I i I f il;; .. 11 ...."" ' : i 1- Lj, l-f-r - 1!fif - - ,.J ~ J I iil:~ I )/I.,!. ~ \ ~ I I--~ T I~ L______________ {t /: \ ~ I ~rcl \ --- ;' I ! \~il. \ r 1- 0- \ I---,IJ / I ~ \ I '1 ! I ~ \-q..,.. -.1_ - - ~I- ----- - _~..T.--- 47, AcENot" .... -- ...." -- .... .... -- " -- " " (" I I I I I I I -- ; ,,-.... ~'\::S ~ ~ .~ \j ~ n '\::S ~~ ~.~ e::V:l C') ~ :... t;;:) ~-- -- <::::> t:< \j ~ ~<::::> -- ~ ~ C') ~ -- ....... ~.~ ~~ :... ~ g~ k:t) -~ ~ ~~ ,....(:... CI)~ ...... ~ .- r'-. ,.o'....J .- "" -.d..... ~. ""-4 ~ . '" 9 '" 'u o '" ~ ., >- ~ NO. .::; ~ _.~ I --,~ 1/..1. ..., I . Mestre Greve Associates Report #04-162 Page 3 of 12 INTERIOR NOISE LEVELS '-' The project must comply with the City of Lake Elsinore indoor noise standard of 45 Ldn. To meet the interior noise standard, the buildings must provide sufficient outdoor to indoor building attenuation to reduce the noise to acceptable levels. The outdoor to indoor noise reduction characteristics of a building are determined by combining the transmission loss of each of the building elements, which make up the building. Each unique building element has a characteristic transmission loss. For residential units, the critical building elements are the roof, walls, windows, doors, attic configuration and insulation. The total noise reduction achieved is dependent upon the transmission loss of each element, and the surface area of that element in relation to the total surface area of the room. Room absorption is the final factor used in determining the total noise reduction. With the exterior mitigation measures specified in Section 5.0, first floor exterior building surfaces in the project will be exposed to noise levels of less than 60 Ldn, and tberefore will require less than 15.0 dB. exterior to interior noise reduction in order to meet the City's 45 Ldn interior noise standard. With construction practices common in California, residential buildings achieve outdoor to indoor noise reductions of at least 20 dB (with windows closed). Therefore. all first floor rooms in the project are projected to meet theCity's 45 Ldn interior noise standard without building upgrades. Second floor building surfaces adjacent to Lakeshore Drive will be exposed to a maximum noise J~y~I.Qf~;3Ldn;.. ~pd.!h~r~fQrewiUf~qtlire~tl~~st~l.:3:. cl.ll.n.ois~I~_dtlctiQn .il] .9rdertomeet.. the.. . 45 Ldn interior noise standard. Detailed engineering calculations are needed for building attenuation requirements greater than 15 dB. Based upon the construction details and the EWNR values, the exterior to interior noise reduction was calculated for a number of rooms exposed to worst-case traffic noise levels in. the project (see Appendix B for analysis data). The results of the analysis indicate the worst-case room received a 23.0 dB noise reduction. All second floor rooms in the project are projected to meet the City's 45 Ldn interior noise standard without building upgrades. ""'" < \. .~ AGENDA ITEM NO.~... PAOE Sd...~ Mestre Greve Associates Report #04-162 Page 4 of 12 r' MECHANICAL VENTILATION Since the noise attenuation oCa building falls to about 12 dB with windows open, all buildings exposed to noise levels greater than 57 Ldn will meet the 45 Ldn interior noise standard only with windows closed. In order to assume that windows can remain closed to achieve this required attenuation, adequate ventilation with windows closed must be provided per the applicable Uniform Building Code. This can be achieved with mechanical ventilation to provide fresh air. Mechanical ventilation will be required for those units listed in Table S2 and shown in Exhibit S2. Air conditioning units may be an adequate substitute for mechanical ventilation as long as they meet the ventilation requirements specified in the Uniform Building Code. The acceptability of using air conditioners to meet the mechanical ventilation requirement varies by municipality. The local jurisdiction and the mechanical engineer for the project should be consulted. Table S2 MECHANICAL VENTILATION REQUIREMENTS BUILDING r- AlongLakeshore Drive Building 1 and Building 2 All Floors, All Rooms .- ~ ACENOAITEMNO.~: ... PAGE )' r OP . .... . , I' D if: I \ '1IIll .or...: ~\ 1) ri . . .. .~ _~ ! L . \ -' . \ 1--_ ,.-----r--\. ___L6-l~___ \ I f ~J~L\~ ~9Yl~<~: 11 :~li:. I ~ ,) , ~ . ~. I 3 bl I t I r\i; ~ . ( : \ r- ~_ i 'I' jJ\-: \,~I It \~ '1-1'/ r 1\ : 1 . ' ....~ -- I~ .~~ \ ,l Jil ~~ ~ . \t as. I ::Ja.:i'I T '.n .z. ~ ~~A I 'I I /9~~ ;> j. .OS I \ ,I: ;i I m - '..Z ID 15"'- I J .Y' mD..- ~ ~ \ . \ ~"t \: // r: IT ~ VI1 o l'n ,atl \, \ / J T I .., IJ;J , ~, g, . i .~ ; .) .. \\, r ~ l '~ /n 'I .1!.. r' rn ;.: J I -;~. . V /l~I' . ,; I I~' i .- i.. ~.~t \ r-.' ~/ "-~ ;; .~~" -, ; ~ ,~' ~.,,,J i ~~ V 1\. ~~" . . :~~~f~-< ~il~'~~~~!~ ..~i~1 ;....~ ....).~ ~I ..~ . ,,-:..--::. - ~ :~H,~~, 1,.~I,;J,h,L:~'il: '1,: ~ ~d~J ~~I'L . : . li ,J ~ ! ~ L/ I; Iii j - '__ = L I I -~I+' : nS ~ I In. .. I w~u ~ 1:1 ~!l~( \l I ~ I ~ I I i ~ , :~! Cll d ~ _), Ii f1 ~ ! :~~~ ,-_" 1>"'J.f 1- , . ,- ~] -- ""\- ,,~ iilf~ .1 ~'~~! -fl,] i /: _, \~I ~ I~ " Ii. ~ / ~ I 1- . ! ~ . )' \ ~J . \ r : ! .\ I I t \\ It ~ == --c' 0 .; .: cr.s u- ~c .!!IV --~ =- 05 ~.- == ;a1! _ CJ .- U ~~ . + ~ <:u ~ -- ~ ~ <:u 0::: ...... -- 'l...... ....s:: 'l ......~ t.:>...... ...... ~ -- ~ S~ ~ '0{) ~ ~-~ -- ~ ~tj -- ~ ~ u ~~ N 00 ..... -.-4 ~- -.-4 ..s::: ~ ~ '" ~ '-' <. ., ;> ., Mestre Greve Associates Report #04-162 Page 5 of 12 ~ NOISE ANALYSIS FOR TRACT 32670 CITY OF LAKE ELSINORE 1.0 INTRODUCTION The purpose of this report is to demonstrate compliance of Tract 32670 with the noise related <Conditions of Approval' placed on the project by the City of Lake Elsinore. The project calls for the development of multi-family homes. The project is located in the City of Lake Elsinore, as shown in Exhibit 1. The project is adjacent to Lakeshore Drive, as shown in Exhibit 2. This report specifies any mitigation measures necessary to meet the 60 Ldn exterior noise standard and the 45 Ldn interior noise standard. Site plan and grading information was obtained from the "Rough Grading & Erosion Control Plans for Tract 32670" by RBF Consulting, dated July 28, 2004. Building construction details were obtained from the architectural drawings for '-'BeJcaro Tract 32670" by William Hezmalhalch Architects, Inc., dated June 10,2004. ~ 2.0 CITY OF LAKE ELSINORE NOISE STANDARDS The City of Lake Elsinore specifies outdoor and indoor noise limits for residential land uses. Both standards are based upon the Ldn index. Ldn (Day-Night Noise Level) is a 24-hour time weighted annual average noise level based on the A-weighted decibel. A-weighting is a frequency correction that correlates overall sound pressure levels with the frequency response of the human ear. Time weighting refers to the fact that noise that occurs during certain noise- sensitive time periods is given more significance because it occurs at these times. In the calculation of Ldn, noise occurring during the nighttime period (10 p.m. to 7 a.m.) is weighted by 10 dB. This time period and weighting factor is used to reflect increased sensitivity to noise while sleeping, eating, and relaxing. The City of Lake Elsinore has adopted an exterior noise standard of 60 Ldn and an interior noise standard of 45 Ldn. The interior standard is based with windows closed and requires a mechanical ventilating system or means of natural ventilation be provided as of Chapter 12, Section 1205 of the Uniform Building Code. In addition, the City has decided upon the exterior noise standards of 60 Ldn for private patios and balconies associated with multi-family homes. 3.0 METHODOLOGY ~ The traffic noise levels projected in this report were computed using the Highway Noise Model published by the Federal Highway Administration ("FHW A Highway Traffic Noise Prediction Model", FHWA-RD-77-108, December 1978). The FHWA Model uses traffic volume, vehicle mix, vehicle speed, and roadway geometry to compute the <<equivalent noise level". A computer ACENOArrEMNO.~. PACE SJ~ lAK~SHORE ORIY~ PROJECT SITE Mestre Greve Associates t" I Exhibit 1 AoeJ{6i~ap: ~"J/~'''''''''- ..._.~-' - - ~ ....... - -=-;. -~._~ ........., ._. --:...-. . =-=-=:;::r-- '" ~ - - /'""" ---- . ----- ~"~ .::. :::- - : ------- - 1~ ::==== ~_. ~ ~ '--l--- ----__.. .' r-- , f-,-~ ,-:---.. - f- elIl , 53' -~ NJ--a V\C\ . ~1 / k I /7 3 ! 1.1-- r~ J' : : If I' -~. '-" ) \ I ~ :~ 'I"-;;~ . . J ;.] J ~ . t-'--- - r-- . r~J ~ I~ '----1"", I ~: ':. ... ~: 1 ~ ~ . ~(< ' Jo:--(-. fI~ r. 'f...J " ~"tflEET . IV-1 1 I 1 iJ, II l' -~ II I ./f ~ ---r ___1 . \80 f.-L:; IZ ~' , i \ \ ,_ T 13, ~~'\ ~~.?~\m I 0 (~" I -.- T rd19n"-j I . . . -_/ l-.\ \. ~ r, . 15 :l\~>~;~;.;; '~u~C:/~~~~1 ,,\ 1\ ~,I I 1.-4 19 1_IC .\ f ~ 1[(1I..l 1 tv-) Z:1 ,!: q'lf 13l'\ [[ I?f'l 1 ~-~. h~1 ., I I' (II Illlll Y I 'I I I~T:BEE-r-. ' TI I ~ho..l I.. ~, t' J~ i iI I i -GBEEN--- ) / t ~TAYLnfl -" I · Mestre Greve Associates 5j 5~~ _1-' ),..., 1/- J I 1 .. 1 ./1 I"/lf '//58 ,,- --- -' l-f I r 1\ 59 I I l. ?O --- p. ::: ~' ,= 11 ~ I _ __ \;;;;;L 12 -- ----:- 119 .. .... -~\ tV.J 11 L., "1--3 ~.. ,3~. \ .'1-.. I I 1 i~ \ ~ . .LIl ~ I I' I ~~\'~:-_. ~. ,\' 1"1 1. 'CO ~3-' -~'..' ~ \'- \,,,1 - ...' ." 27 .1 'c:l> 7 ,- ==IL~'~ . I~ A~~~1~1 73 1~ 75 Exhibit:~OA~lan Mestre Greve Associates Report #04-162 Page 6 of 12 code has been written which computes equivalent noise levels for each of the time periods used ,.....; in Ldn. Weighting these noise levels and summing them results in the Ldn for the traffic projections used. Noise measurements including traffic counts were conducted during the afternoon hours (between 10 p.m. and 1 p.m.) on July 29, 2004. The measurements were made during the daytime to document existing ambient noise levels in the vicinity of the project site to calibrate the FHW A Noise Model as well as to determine if hard site or soft site conditions existed, The measurements were made with a BrueJ & Kjaer Modular Precision Sound Level Meter, Type 2236. The system was calibrated before and after each measurement senes. Mitigation through the design and construction of a noise barrier (wall, berm, or combination walllberm) is the most common way of alleviating traffic noise impacts. . The effect of a noise barrier is critically dependent upon the geometry between the noise source, the barrier, and the observer. A noise barrier effect occurs when the "line of sight" between the noise source and the observer is interrupted by the barrier. As the distance that the noise must travel around the noise barrier increases, the amount of noise reduction increases. The FHW A model was also used here in computerized format to det~rmine the required barrier heights. '-"':[0 NOISE EXPOSURE 4.1 Traffic Noise .....-- ....-...-...--...-...... The future (year-2025) traffic volume for Lakeshore .Drive was obtained from Mr. Chuck Mackey at the City of Lake Elsinore, Engineering Division on July 28, 2004. The traffic volume, vehicle speed, and roadway grade used in the Ldn calculations are presented below in Table L . .....L Table 1 FUTURE TRAFFIC VOLUMES, SPEEDS, AND ROADWAY GRADES ROADW A Y TRAFFIC VOLUME SPEED GRADE Lakeshore Drive 57,000 40 <3.0% , The traffic distribution that was used in the Ldn calculations is listed below in Table 2. This arterial traffic distribution estimate was compiled from the traffic counts collected by Mestre Greve Associates on July 29, 2004 ~ AOENDAITEMNO.~: ..... PAGE rt op ' . Mestre Greve Associates Report #04-162 Page 7 of 12 . r--- Table 2 TRAFFIC DISTRIBUTION PER TIME OF DAY IN PERCENT OF ADT VEillCLE TYPE DAY EVENING NIGIIT Lakeshore Drive Automobile Medium Truck Heavy Truck 74.17 3.82 0.01 9.51 0049 0.00 11041 0.59 0.00 Using the assumptions presented above, the future noise levels were computed. The results are listed in Table 3 in terms of distances to the 60, 60, and 70 Ldn contours. These represent the distances from the centerline of the roadway to the contour value shown. Note that the values given in Table 3 do not take into account the effect of intervening topography that may affect the roadway noise exposure. Topographic effects are i'riCllldedin the noise barrier anafysis section (Section 5.0) of this report. r--- Table-3 _,.____________.____ __"'U_"'_," _.. ....._.u.. __ _~ DISTANCE TO NOISE CONTOURS FOR FUTURE TRAFFIC CONDITIONS ROADWAY SEGMENT DISTANCE TO CONTOUR (Ff) -70 Ldn- -65 Ldn- -60 Ldn-' Lakeshore Drive 83 180 387 * - Contour distances in this table are based on the centerline of the roadway representing the noise source. The results in Table 3 indicate that first floor exterior observers along Lakeshore Drive will be exposed to a maximum unmitigated traffic noise level of 66.3 Ldn. .- 5.0 EXTERIOR NOISE LEVELS r--- The exterior living areas in the project must comply with the City's 60 Ldn exterior noise standard. For the exterior living areas, which are exposed to noise levels greater than 60 Ldn, some form of noise mitigation is required. An effective method of reducing the traffic noise to acceptable levels is with a noise barrier. Representat;ve cross-sections along the Lakeshore Drive (see Appendix A for analysis data) were analyzed utilizing the FHWA Model to determine ACENOA I1CM NO.:&.. .. PAGE S~ OP .... - , . Mestre Greve Associates Report #04-162 Page 8 of 12 the necessary noise barrier locations and heights. The results of the analysis indicate that in order to meet the 60 Ldn exterior noise standard. noise barriers will be required along Lakeshore Drive. The required noise barrier locations and heights to meet the 60 Ldn exterior noise standard are listed below in Table 4 and shown in Exhibit 3. : ...." Balconies in the project will be exposed to a noise level oflessJhan 60 Ldn. Therefore. all balconies are projected to meet the 60 Ldn exterior noise standard without noise barriers. Table 4 REQillRED FIRST FLOOR EXTERIOR LIVING AREA NOISE BARRIER HEIGHTS AND LOCATIONS PAD APPROXIMATE BARRIER HEIGlIT (Ff) * TOP OF WALL ELEVATION (FT) Along Lakeshore Drive Pad 1 PadZ 4.5* 5.5* 1277.5 1277.5 ....., . _ _ . ._._ _._..... . ....n. .."_ _,. .. u__.. ,. *. - Denotes height above proposed retaining wall The noise barriers may consist of a wall, a berm, or a combination of the two. The noise barriers must have a surface density of at least 3.5 pounds per square foot, and shall have no openings or gaps. The wall may be constructed of stud and stucco, 3/8-inch plate glass, 5/8-~nch plexiglass, any masonry material, or a combination of these materials. 6.0 INTERIOR NOISE LEVELS The project must comply with the City of Lake Elsinore indoor noise standard of 45 Ldn. To meet the interior noise standard, the buildings must provide sufficient outdoor to indoor building attenuation to reduce the noise to acceptable levels. The outdoor to indoor noise reduction characteristics of a building are determined by combining the transmission loss of each of the building elements, which make up the building. Each unique building element has a characteristic transmission loss. For residential units, the criticalbW'ilding elements are the roof, walls, windows, doors, attic configuration and insulation. The total noise reduCtion achieved is dependent upon the transmission loss of each element, and the surface area of that element in relation to the total surface area of the room. Room absorption is the final factor used in determining the total noise reduction. With the exterior mitigation measures specified in Section 5.0, first floor exterior building surfaces in the project will be exposed to noise levels of less than 60 Ldn, and therefore will ~ AGENDA ITEM NO.&: ..... PAGE /p'b OF. . - . . 10 r-: t-- N - .... ,.... c .2 - tU C t ~ &i tU_ - CJ c; .s ~ ... .... ~ 0 1: 0- ... 0 tU Eo< j:Q .. I I W. I I ;>-, I I - I ~ I ~ I ~ I , ...I , =- , rn ......,. W ~ < ~+l (L \ I \----/ -- ..--,.......... -- ----~:::L ___ 1"' I.~ (', ~~<~: 1./ ~ IL.....! : ~': :l f ~ 1-' \ \ I \ ~rIt I ~'fI, l?\: \ ~: ~'I'~ Is' ,7 " l~ _NN.!!.r'\ '....11\ I II 0 I c.t:a rti I \ I.. -: .,j l.:;c'! ! IL ~_ ~~! \ ~:~ .z, ~ ~~~ j J J i ;~~~ \ - ~ ~ \: /// ~ : V h /: ~ \ -'I. \ n I ' rr . \ \ ci I' t j: ~, \ r. i \ 1 '1 i 1 , I ~j ,.; r I \ "-"-\- \ .t- 4=:"~; /: - ~ IIlllI_!;i. I -' \ -g-~ ..: lllO: _~L _L I ..,...--~ --- -~ JI:i1 - II ---t'~-~~rF;! ;t;~ I/~' ' ~"H'" -~71' r/:~ ~ SO., ~ Ol~ 1 f ~ sn ~I / 6l ~ -- - - - ....- - - - (- I I I I I I I I I I I I I I I I I I I @J r--- - \ ,.... ,. - ,.- _-I _- I ~....."" I - I I I I I glf ~ ic:=t ~LJ~ ~ I iJ I T \. 7 :I ~ 'I J C-",:.~ If-- ~fl iL ~~:~L-~ J J .~ ~ jL 'n.: ~ ~ I~~'/ \ II \ LIlA ~ I.J r. \, LJ . ,,J 1,- \. I IV! I tl)1I)~\~1 ., I m"': . I J -\"~ liil:~ \~J~ 1\\ I .- \- \ r l \ 'Nr- I \ J "---- --. , ;.. L 1 I I I ! , I c :1 f ; I: j ~.- ., WLlri'~ L, ! j~ I I [J / I ,? I ~ I' i ~ 3 I lil i 1-1-/ I~~.J ) 1 ~ 11 ! _- ~(~ -__ I -----_ J --- i/~ ~ ; , i i I / i I I / t I I ~1: -~ ~ ~ s::- ~~ ~V) i::: ~ ~.- -- 0 t< ~ ~ /:Qo -- ~ ~ -t.o:) ~ .- ~ ~~ ~ ~ g~ ~~ ~I::U .~ ~ ~~ ~~ ~ ~'\j .- ~. ,.Q .-0 ..c:l ~~ ~ '" .. lii -<:) ~ '" -<tl- .. > .. ... ACe. Mestre Greve Associates Report #04-162 Page 9 of 12 require less than 15.0 dB exterior to interior noise reduction in order to meet the City's 45 Ldn interior noise staridard. With construction practices common in California, residential buildings achieve outdoor to indoor noise reductions of at least 20 dB (with windows closed). Therefore. all first floor rooms in the _project are protected to meet the City's 45 Ldn interior noise standard without building upgrades. ....." - Second floor building surfaces adjacent to Lakeshore Drive will be exposed to a maximum noise level of 66.3 Ldn, and therefore willrequire at least 21.3 dB noise reduction in order to meet the 45 Ldn interior noise standard. Detailed engineering calculations are needed for building attenuation requirements greater than 15 dB. Based upon the construction details and the EWNR values, the exterior to interior noise reduction WaS calculated for a number of rooms exposed to worst-case traffic noise levels in the project (see Appendix B for analysis data). The results of the analysis indicate the worst-case room received a 23.0 dB noise reduction. All second floor rooms in the project are projected to meet the City's 45 Ldn interior noise standard without building upgrades. The construction d~tails were taken from the architectural drawings prepared for the project by William Hezmalhalch-Architects, Inc. Roofs were assumed to be vented attic space construction and incorporate concrete tiles on the exterior and minimum 1/2>> plywood on the interior surface of the living area. Attic spaces are insulated with fiberglass insulation, and roofs are sloped. _ This roof/ceiling assembly was estimated to achieve a noise reduction rating of at least EWNR=36. (This is roughly equivalent to a noise reduction -r.{ltif!Kof$TCi=10lo-- ....." Exterior walls are assumed to be wood stud construction with stucco exteriors and minimum 112" gypsum drywall on the interior. All exterior walls include fiberglass insulation in the stud cavities. The walls were estimateq to achieve a noise reduction rating of at least EWNR=40. (This is roughly equivalent to a noise reduction rating of STC=44). Windows are assumed to be single glazed. The operable windows were estimated to achieve a noise reduction rating of at least EWNR=22. (This is roughly equivalent to a noise reduction rating of STC=24. The fixed windows were estimated to achieve a noise reduction rating of at least EWNR=26. (This is roughly equivalent to a noise reduction rating of STC=28). French doors are assumed to achieve a noise reduc~ion rating of at least EWNR=22 (this is roughly equivalent to a noise reductiOJt rating of STC=24). This can typically be achieved using a standard 1 3/4" French door. 7.0 MECHANICAL VENTILATION Since the noise attenuation of a building falls to about 12 dB with windows open, an buildings exposed to noise levels greater than 57 Ldn will meet the 45 Ldn interior noise standard only with windows closed. In order to assume that windows can remain closed to achieve this '~ AOENOA I1CM NO.:&-- _ PAGE D~ Of --- . ' . r ~ ~ Mestre Greve Associates Report #04-162 Page 10 of 12 required attenuation, adequate ventilation with windows closed must be provided per the applicable Uniform Building Code. This can be achieved with mechanical ventilation to provide fresh air. Mechanical ventilation will be required for those units listed in Table 5 and shown in Exhibit 4. Air conditioning units may be an adequate substitute for mechanical ventilation as long as they meet the ventilation requirements specified in the Uniform Building Code. The acceptability of using air conditioners to meet the mechanical ventilation requirement varies by municipality. The local jurisdiction and the mechanical engineer for the project should be consulted. Table 5 MECHANICAL VENTILATION REQUIREMENTS BUILDING Along Lakeshore Drive Building 1 and Building 2 AU Floors, All Rooms ." AOENDAITEMNO.&... . PAGE fa ~ OP . ... . . . . ~ '1\, ~ ~ -.;r~o'" J \ .~ \ : '\. J ff , . .. } '1~___-r-1L_~_~--- ,..... '_ \! to " ~,:.J \ I \L It\ f. ~ U 'I · II ~ 'I~ / r 1\ ~ Mill I ~... ..L I.~ \ ,: :J' I !, ~~ ~ ~I o~: \~\ ~J I i J alL~. '.: :.U ~ ~f~ J I J.Jr~~~ _ \ L ~ 1 \ r / I U /1 ~ =.~r i~ \., \ I / I 'f'~ 1'1, 1t jl'~. .. '\ ~ ~ ~ l [i In 1 c. ~ !. r '" J _ . '.. \ ; I Ii U rr,:, I !:j ~ ! (~"M'.. _ 1, .'.~ ~ ,,/ ._ j I oS. ~,1 j.;r t - - r-... _ h...., 1\(. ,~- - _-1 -~ I -- L ~ r II':L n" plf~"'~i~=~l ~~,f:.~~::~/I~-' ~ ) · ~ \ ~!\ < i ~i ~t. '~~~L=1~ L 'fl' I I': .. n\ U2jI~ [ . . ~ _ _ I ~ - :/ ~ , ~ ! r If: t i I ~ I' -..J. .- _II! : ~- UI"lI ~ :1 PiJ 0 ': ~ - I ~~~/ I ~I U.... I 'I~ 'I.! .:. I .. I: ~ [il \ I \f\ ~ . I _ .~~ I I I ; LJs i ~ ~ .J \. I I' '- i~.! -/ 1- -( I - Jf -- --\- .-~~ ~7 ".: -1(1 I /: ~ ij -0 j -&0; / I . ! ~ ,.j zf -::l r:- 11 --"--p- L I I : ;,oL 1m::' 1 ~f~ ,\f1 c- 05 ~>"i: ;o~ _ u -cu J:-~ r + ~ -po.,) ~ .~ .~ ~ ~po.,) ~~ tj~ ~ -po.,) ~~ ~ ~ -~~ SCj u CQ-po.,) ~. ~ -po.,) tj ~~ -po.,) u ~ ~ CQ~ . ~ ...... .~ ,.Q .~ ,.c::: ~ ~ V> ... ~ ~ ~ ~ ~ Mestre Greve Associates RepOI:t #04- I 62 Page II of 12 APPENDIX A -DA T A USED TO DETERMINE WORST CASE NOISE EXPOSURE ." AllEl1lDA I1EM NO....-.il3.- PAJJE..fp~ ~~ e o .~ iij ~ o-l "0 ~z ~ ...!f: Dg~!3 o5~::': !;):r:OCl N -I>.. III ....~11l~ I-Cl~lJ.. ~ >< ~ <a .1:: :!ul#!l#'l)i!~ <(&i;;;~~6 "0 0'100- ~ :a <ii l#!l)i!l#'<" .,,!::M-8 Cl;!~:3~ BI-I- ~~:r: c 0 -;: Q . ~ .C: 0 ! ~ .. i i ,. .. If , ! 15 e ;ii ~ ~ ~ ! i .. -< 'Ii li! <> ~ 8 t: <" ~ " ,. .;: ~Q.-.. ob d~ ~ ~ t.:"' ... "'" .3 !i3 - ~o~~ 'C ~ C c:; "" o o N .. ;:l ... ;:l "'<( uu>..-.-,......... 106"'15.0303-0 Cl"'ClS~~l'! Z\i_4"QD ~~~~~-~ ~~8.o~~ ~:EV)e'o~ cr.;; O:;;CG u :a u > ... 8 ~i -0 ~!::Si~:OMi""lNNr-NM-.;t\c :a o-:."1~~~~~~~~~:-1~~ ::r: NN -....- > .. ~ g.::: f"'l.\O_.....NV'\"<:t"'O~Nr'lr-~ b~ \0 ~ ~.~ ~ ~- ~ ~ ~ ~ ~ ::: 0\ ao 0 9 g Z t-ooO\C-MM -.::t'V)\0 t-COO\0 9 V').V)Vl\O\O\O\O \0\0\0\0\0\0...... ~- .. .. 0- ~. 'i3 ~.a o i)- ... o I- ~ ~~r-~N~_~r-~\Or-~N~ Z ~~~~~~~.~'d-6~~~~~ ~2~t-~r-~~r-r-r-\O\O\O\O\O\O ~u .. 0 ~H ~~~:~~:2~:~~~~~~~ _._~:~J! tI') f::' r- r- f"": r- \0 \0 \0 \0 \0. \0 \0 \0 V\ b - oS ~ 0.- t) :; ~ ~~~@g~~g~~g~g~g ~ 0 ___MNMn~ 1: N\()\Or- n~~~ :r: r-\D....:tr- .::: oo-.:t"'V 0 riocir-iM tI) r-\O'''''It'f' B~ti"3 ::> ceO <(1-1-1- s >- > .E! ~ il:r: ~ 6 ." 10 Z Cl o-l .. -5 ~ .~ 0 ~ 6~]-o ~~q:q .' -.:t'W") \D .". ." \D on -0 a :l:r: -0 z u E.::: .. 0 ..en l- ~~;;I - .. -e u.. 0<=1]-0 c~-t'!:O ~::i \D II- 1:1: '" .9 U ::> ill- '=~ .~ 03 -J:! ,g ~ O~~"t;) s::lt;;q:o - Co." r- VI- on '" Vl ~ '1!'1!..., ;z:::t~ J:! ,g~ o~~-o C:;~t'!:O - r-r- .... "'- \D N \D 00000 ci\Civicici 000 0000 cicici deicici "'-00 000 0000 viocivicici ovic 0000 l:: l:: ... l:: ... l:: ... ... " " " '" " " .Q .Q .Q -<> .Q ... qtl') (.I,U q\lo)t,)C-J .c <.> qQ(,J o~~ti o'-'ia"Q <:i~ oc::)u .Q ... -<> .Q .Q .Q cc cc C c' c:)cl 00 cj cj Or) ~V).~ ..... ~~ ..., .......... -., -. Or) "> ~ 00 -., ~ t-: 00 ~ "" '0 c::. ~~~ C 'C "> ~ ""..... 0- '" "'..... "'..... -.'" '" -.,'" ..... c "> c ~ ~ oc ,..; ",-, '" cj .... cd.....: "0 oj "" '" '" ..... '" ..... ppa.<4'~ qOC!~qq or-<o:too o ::; <( "" o ".';:: ~ ~ . ...t), iij- .. u 8 ~ H~ .~ 0 Q 0 I- 0- ..<< ~~ a:l ., - ~<a -~ .'~ 0 Cll- ~ :::::c -.,0, ,..,. ~'O \C) ~o. c:: -0 -9 N 00 '0 "' ~ 0 > ;::! ." ~ ~ t>: .. iii Cl <( I>.. ~ " " ., ~ ~ S-~ () c...-.:t~ ""i.g ~ .., ~ .::~~c~ ;~]-~ ~ "'-~] <>."" :c; ~ ::::: " -;: ~ ~ ti ~-E~~ ~ -~.g '"t:S :c; .... '" .,., 0000 0000 ..., N -. ~ N "" '" ..... ... ... ::::: ~ t; -~ ~ i5" c"'~ ~ '" -j.g"" :c; ....., ,........ ,,--. ,,--. Mestre Greve Associates Report #04-162 Page 12 of 12 APPENDIX B DATA USED TO COMPUTE THE EXTERIOR TO INTERIOR NOISE REDUCTION ..- ,- AOENDAnwNO.~. PACE (, 1 _OP~ EWNR COMPUTATION ANALYSIS - Tract 32670 "Belcaro" .-'p",',,- . ".-.. . ,'-' .-.......:,-... ~~~2%,~SPAN!S~~)~. etGO:Y"FE 20 ' .. . .. BlDG ELEMENT WlOdow {opecat-le} WIIldow (fixed) Door {French) Ce(1!'9. .W.<1lt i~.!'lL TOT At.. AREA 10 Log SiA MASTER BEDROOM TOTAL REDUCTION: REQUIRED REDUCTION: BLDG ELEMENT W_ (operable) W_ (fIXed) Door (French) ~- Wall net TOT J\L AREA 10 Log 51A MASTER BEDROOM TOTAL REDUCTION: REOUIRED REDUCTION: Noise Exposure: 66.3 dB I wall exposure AREA h^2 EWNR 20 o 40 187.5 75.0 322-5 -3 22 26 22 36 4() 23.7 21.3 1 wall exposure AREA h^2 EWNR 19.25 22 o 26 o 22 187.5 36 11~&___~_. 322-5 c3 27.5 21.3 EWNR 0.126 0.000 0.252 0.047 (!.008 0.433 22 26 22 36 40 23.7 21.3 0.126 0.000 0.252 0.047 0.008 0.433 Noise Exposure: 66.3 dB 0.121 0.000 0.000 0.047 0.012 0.180 27.5 21.3 22. 26 22 36 40 0.121 0.000 0.000 0.047 0.012 0.180 1 waR ~._J.!rrL w.. ~_ I wall ~....187.~_ W~!1!!~!1--1!5.8.. ",' """ Room Dimension Ynll!b Ll:nlllII t!l:ig/]l 15.0 12.5 9 ~ 15.0 Room Dimension Wl!I!!I !WlI!lI 12.5 9 ~ ....., AOENDAmMNO.~.. PACE ~51:'~ EWNR COMPUT A liON ANAL YSlS - Tract 32670 "8"lcal'O. ~~$~~~{t Noise Exposure: 66.3 dB ~ MASTER BEDROOM 2..aa expoSll. EUMENl AREA EWNR EWNR 1 -Eno A , -En0 A 22 0.'" 22 0.189 26 ..000 26 0.000 Room Dmension 0 0.000 0 0.000 - Lll!llI!b - 3& 0.039 36 0.1139 '53.' '2.~ J2.4 9 .. 00t9 .. 0.019 Yhll~!tL 0.21(1 0.247 23.1 2U 21.3 21.3 30 o o 153,8 ~--L-_____l!!~l TOTAL AREA. 376_96 10logSlA 0 'Md>w (opet'ab$e) -(fixed) Door TOTAl REDUCTION: REOUIRED REOUCTIOM BEDfl()()M (CORNER) 2 .. aposu-. EWNR Elf AREA 1l^2 t ...enO A 1 -fJl0 A -~l 25 22 ....sa 22 Wndow (Iiud) 4.5 26 0.0' t 26 Door 0 0 0.000 0 ~___~..m~~__O.03O ~_~ Will 1~_5 40 0.017 -to rOTH-AREA 319 0..21. '.LogS/A 0 0.158 0.011 0.000 0.030 0.0\1 0.216 Room llimonslon _ I.IooIl _ ~ill- 11.0 11.0 9 w.II 168.$ TOTAl.. REDUCTtofIt REQUIRED REOOCT1QN: 23.7 21_3 23.1 21.3 Noise Exposure: 66.3 dB MASTER BEDROOM 2 waJ.uposore EWNR IllOO Nl AREA EWNR 1 -Ell0 A t -EI10 A ~ -1--' -(OKodl Door 15 22 0.095 22 0.056 o 26 0.000 26 0.000 o 0 0.000 0 0.000 ._._---~~~-=-=-- : .==-.::::.- ;: -==-::~-- m..~.. O_.~~_ 0.'54 ..-0. C.!!@!!!L--1~_ Will ~L - 12.. Room Dimension I.IOllIb _ 12.4 9 Wa' (o0?I .1OtllL.~_ -.. -1O~:SlA... TOTAL REDUCllOft; AeOUtREO REOOcnoN: 25.9 21.3 25.9 2t.3 BEDROOM (CORNER) 2....___ EWNR IllOO AREA ft^ EWNR 1 -El'O A -EltO A -_, -- Door ee;Ina w..~ TOTAL AREA 10lOgSlA 32.5 22 0.205 22 0..20S o 26 0.000 26 0.000 o 0 0.000 0 0.000 121.0 as 0.030 36 0.030 .Q!~!!L__m9._ 1~---:q;--- 0.917 ---~-- O..ill_ ~~..l~ 319 0.252 0.252 o Room lJimono;on - LiogIh - 11.0 11.0 9 TOTAL REDUCnoN: REOUIAEO REoucnON: 23.0 2\.3 23.0 21.3 Noise Exposure: 66.3 dB MASTER BEDROOM 2_....,...... IllOO .. <MENl '~-EJ10.A EWNR AREA 11l^2' EWNR --- lIl^'-E/10rA -_I 15 22 0,095 22 0.095 - C1bodl 0 26 O.roo 26 0.000 Door , 0 0 O.roo 0 0.000 ~ ,53.. J6 .0.039 36 ..039 WaS /noli 208.2 .. ..m- .. 0.021 TOTAL A1fEA 376.96 0.15'" 0.154 10LogSlA 0 TOTAL REDUCTtOtt: 25.9 25.' REQUIRED REDUC11ON: 21.3 21.3 Room 0inMnsi0n - ~ - ~~L 12.4 ..>> 12.4 9 ~.~-P....l...... /'" BEOROOM lCORNERI 2wa1l1lCpC)SW. BlOG ELEMENT -AIl"2' EWNR '~-EnO.A ~ '~.E/1nrA -1--1 2S 22 0.158 22 0.158 -- 7.5 26 0.019 26 0.019 Door o 0 0.000 0 0.000 ~~- _-==--==----=- ~~:: ===~--= ::ii-=- :--_=-=--~:~~ TOTAL AREA 31.9 0.224 0.224 10 log SlA. . TOTAl.. REDUCTJOtt 23.' 23.~ RECUlAED REllUCTIOIt 21.3 21.3 Room 0VneNi0n _ LIlHIlIl _ ~__~_ 11.0 11.0 9 ~~L AaENOAITEMNO.~. PACE kq _o,~ E:WNR COM PUT A TION ANALYSIS - Tract 32670 'Belcaro' ~t:~NT~J~~:Ni~i..^~*il~~~~~ Noise Exposure: 66.3 dB r----h- I MASTER BEDROOM ; i'-- I ! j BlDG ELEMENT r . ! Wine.ow ioperablel :JO 22 0.189 22 0.189 ! Window {fixed) 7.5 26 0.019 26 0.019 I Door 0 26' O~OOO 26 0.600 Ig!,~;(lfL.....__..___.._.___J87.5 60 0.000 60. 0.000 ~U?_ L~",l(~e.tL .. ......__.._____.1.10.0_____~_.JLogL__!Q.__--.-Q,Q;1...L..-. !V.!!l!!!L..l,!,l!,.lL I TOTAL AREA 435 0.229 0.229 i 10 Log Sf A 0 }-.--. ! L 2 wall eXlJOSU'e AREA 11l^21 10^l.EJ101'A EWNR ..nnrade llW.E/l01.A EWNR TOTAL REDUCTION: REQUIRED REDUCTION: 24.8 21.-3 24.8 21.3. Noise Exposure: 66.3 dB r 1 j---. i I i SLOG ELEMENT t--~--- ! , I Wi.ndGw (operable) ( W!odO'..... Wxed) 1000' !.JL~l~"}lJ !'~l.a.li.(n~tl......_.__.._______. I TOTALAHEA IlO Log Sf A L__..__ MASTER BEDROOM 2 wall eXP'."'ute EWNR AREA 1I^2 EWNR 0.121 0.019 0.000 0.000 0.022 0.163 22 26 26 60 40 0.121 0.019 0.000 0.000 .__QJ!.?2 0.163 22 26 26 60 40 19.25 7.5 o 187.5 220.8 43.5 o Cei 187.5 '!!l.~?QJL 26.3. 21.3 .26.3 21.3 TOTAL REDUCTION: REQUIRED REDUCTION: .- ,......", Room Dimension ~ Lll!!Q!h I::!eigbl 15.0 12.5 9 Room Dimension ~ 15.0 Lll!IlJlb 12.5 I::!eigbl 9 ,......", ....., AOENOAITEMNO.&..... PAGE /6 op .... r . _ . --- ATTACHMENT NO.4 BIOLOGICAL ANALYSIS FOR TRACT 32670 -. .. --- AGENDA fTCM NO.~. PAGE II _OP~ IMPACT SC'~N'CES 30343 ean..ouJ Sucet. Sutte 210 ^r,oum Hilt.. O\lifomla 91301 Tdepbooe (8111) 819.1100 FAX (BIB) 819.1440 Unl""i@impGCooence4.com July 7, 2004 D.R. Horton 119 North Maple Street. Suite A Corona, CA 92880 Attn: Mr. 'Bruce New Re: Bio)ogicaLConstraints. AnalY6is for YroP~(ty . Located ilt 1800 Lakeshore Drive, Lake Elsinore, Riverside County, Califomia, 92530. Dear Mr. New: In responsetoyouuequest...lmpact ScienceS,lne (Impact Sciences) conducted a site visit and biological assessment of the Lake Elsinore project site (project site), located at 1800 Lakeshore Drive in the City of Lake Elsinore, California. The purpose of the 6ite visit and biological assessment was to: 1) document the presence or absence of special-status pJaJ\t or wildlife species; 2) document the habitat capable of supporting special-status plants andlor wildlife on thepiojecf.site; 3) identify areas having potential to be under the jurisdiction of the Army Corps of Engineers (ACOE) or the California Department of Fish and Game (CDFG), i.e. wetlartds or waterways; and 4) verify the issues of concern addressed in a letter from the UnitedStatefiF)sh-and wiidlifeService (USFWS) to the City of take Elsinore (received.~the.-Cityuon. June. 21..2004).. pertaining_to. potential impacts associated with the development of the project site on the strategies or goals of the propose.d.Wes.tem_RiversideMultiple Spedes Habitat Conservation Plan (MSHCP), as well as potential impacts related to habitat connections between Cell 4743 (project site location)~dadjacent Cells. Stated below is a report of the findings and our recommendations. Environmental Se~ The 9.72 -acre project site is _ bordered. by La.keshc:it:e. Drive ta.the l\or'th,beyoo.d which is vacant land; residences and a used car dealership to the east, beyond which i6 Elm Street;..cb.apan:aL.coastalscruhto the.s.outh and Lake Elsinore, which is approximately 100 feet to the south of the property boundary (dry portion of the. Lake);.and,.Lalce Park Street to the we6t, beyond which is ooe residential dwelling and open space. Project Site. Desaiptio~ · The project site .cune:ntl)lc0nsi6ts. ofagolf driving range, a pro sll~pand an asphalt parking lot. The pro shop and parking lot are located at the northern quarter of OFf"fCE::J t.. H.OA.'H~AH AND !;O"'HEAN CALI,OA,,'A ~ -""""" ~ AOENDArTEMNO.:&:. ..... PAGE 7:J- OP . . . ~ ",-- ,-, Mr. Bruce New July 7, 2004 Page 2. the project 6ite and the driving range occupies on approximately three-<}uarters of the project site. The site.- was covered with a dried lawn of dead bermuda grass (Cynodoll dactylon) during the site visit. A small sycamore tree (Platanus raamosa) and ~ to four oleander shrubs (Nerium alt:ander) were ob6erved near the asphalt parking lot and pro shop at the northwest comer of the project site. Chain'link fencing .surrounds the project site, and apRroximately SO-feet high netting (from the ground, up) was obSeI'Ved on tile east and west side of the driving range. Impact.Sciences' Biologist, Gr~g Ainsworth. conducted the site visit (Xl June 25, 2004, under dear skies and warm weather conditions. The project site was traversed by footatap.pr.QXimately SO-feet transec:ts.Cnr:iL5sessment of the habitat covering the site and identification of any special-status species or other vegetation ancl wildliCe-onthe. project site durinl;.-the site. visit. Field Sunrey Methodology In addition to the site visit, the biologi(:a1-as$es')mpnt.includeda review of both the California Natural Diversity Data Base (CNDDB) and the California Native Plant. Societyudatab.as.e. (CNPS) prior to visitingtbe site for the identification of speciaJ-:;tatus plant or animal species known to occur in the area. The. CNDD B lists. historiCal-and. recent. reoorded..Qc("I(rp.D~Qf.speci~l-status animal and plant species and the CNPS database lists histQri<:al and recent oocurrencesof 5pecial~status planlspedes. The. databases searched. included areas mapped on the U.5.C.5 Quadrangle for Lake Elsinore (location of project site), as weUil~ tl\e.~..1l>~rE-i!lpq~adl"<U1g1e. t~ the,north,. which covers the areas oEme Ceveland National Forest nearest to the project site; as well -asUtheLakeElsinore-' State Park. The databases searched indicated the recorded locations of special- status plant and animal species in the project vicinity, and therefore, special- status species.hav:ing.the.potentiaLto. occur on.the project sit~ which could conflict with the COn6ervation strategy or goals of the proposed Western Riverside Multiple Species Habitat Conservation Plan (MSHCP). or which could pose potential constraints to development on the site. The purpose of the site.. visit. was. to identify if the project site supported ha bi tat capable of supporting the federally listed special::statu6spe!;;ies speci~ed in the letter from the USEWStotheCity. oU..ake Elsinore. In addition to identifying federally listed species and habitat, Mr. Ainsworth assessed the potential for habitat covering the Pfoj~~ site to be capable of suppOrtiJlttState listed special~ status species as welJ, based on the CNDDB and CNPS search results. It should be noted that several additional special-status species have been mapped en the two quadrangles reviewed, but are not likely to be present on the project site (see Findings discusSion below). . . The site visit also included identification of any wetlands 0';" waterways under jurisdiction of the ACOE' or CDFG that could pose conStrainS' to development of the project site. ACelDAITEM NO.&: .. PAGE 11 OP . .... . . Mr. Bruce New July 7,2.004 Page 3 Findings Several &pecial-status. plant and animal species have _ beeJ\mapped - on the two quadrangles reviewed; however, the dead bermuda grass turf, . sycamore tree and few small shrubs observed on the site are not likely to suppQrtthe special-status species identified on the database. None of the special-status species or plant communities shown below (table 1) or habitat capable of supporting .special-status species as described in the USFWS letter to the City of Lake Elsinore were observed at or adjacent to the ~t site during the site visit. A list of the special- status species known to occur on the Lake Elsinore and Alberhill Quadrangles, based onthesearchresu1ts-oLtheCNDDRamlCNPSisshown below in Table 1 below. Table--}- Speclal~Status Species, CNDDB and CNPS Database 6/10/2004 sc sc Westen\ 6ll0WY .plove!' CClr4radrius IIle:rllndr;rrusnitJQsus) California homed IarkCE.rcmophil" al e6tri, lid"" sc .~ SC Fr- -. t' sc ....., '-' ~ ACEl\JDA!reM NO.~ PAOE 7 '/~ ~ .~ ,-.. Mr. Bruce New July 7, 2004 Page 4 Chaparral sand-verbena (Abronia vrllosll uar. /Zurita) Munz's onion (Allfum mtlPlZil Sand Die 0 ambrosia (Ambrosia mila) San Jacinto Valkycrownscale-(Atripltr coronalfl vat. notfltior) DlividSon's saltsc:ale'(Atriplu suemma wr. tlAfJidsonij) Thread-leaved brodi<lea-(Brodi/lt'Gc ' olia)- Smooth tarplant (Crntromadia pungrns ssp. laevis} Long-spined spinctlower (Chorizlmthe 01 onoidts var. Ion ' ;1111) Parry' s 5pi~flower (Chorizanthc parry{ var, Slender-homed spineflower (Dodtcahtma Ie loceras) Many4aiU-nro dudleya ~ multic/Zulis) Coulter's goldfidd:>-(l,12,thmicl-glabr/ltrz- ssp. - CoulterO Southern Coast Llve Oak;Rl .anForest- - Southern Cottonwood Willow Riparian Forest Souther Sycamore Alder Riparian Woodland Key. 5.ta1n.t; Federal: FI! = Pederally Endangered fIT = llederallr~Spedes Stete' ~H~~~ t eDPG or ~NfS FI! FE FE ST 18 18 18 18 Fr- 18 18 18 SE__ 18 3 FE SE 18 18 18 . it. AllENDA mM NO----.il3.-. PAOE7S _o.~ Mr. Bruce New July 7, 2004 Page 5 51: = C;difornla Endangered Species; Sf - California Thre1&tencdSpeQes; CDfC: SC = Califomia-DepamnentofFish and Game Spedes ot. C~ CNPS: 18 = Plana; rare and endlmg~d it\ C31lfomia and et&cwht!'rC; 20= Manu rare lI1ld endangered in Califomia. but more common el&ewhece; 3 =0 Taxa about which more infonnatlon is needed . It &hould~ noted-that in addition. to. the. special-status. species shown in Table 1, several other special-status species have been mappe(i on...the quadrangles reviewed; ho.w.evu" it.is. very. unlikely tha.t.. any of the speQ.~I-statu& species mapped on the quadrangles reviewed would oa:ur at the project site because: 1) ro special-status species (or any wildlife) were observed at the proj~site; 2) the dead bermuda grass, sycamore tree and few small shrubs covering the site provides poor habitat for supp9rting s,pecial-status sp~~ies; and, 3) the variation of landscape I1nd habitat on the project site and surrounding properties (non-native weeds, disturbed surfaces) compared to the adj~cent natural and undisturbed environment to the south of the project site. Finally, Mr. Ainsworth.concluded.that.the.projectsitecdaesoot contain habitat for supporting special-status species, nor does it contain any channels or waterways, riparian conditions._(capable.. of.s.upporting . hydrophitic. s~cies . or ve,etati(ml subject to being und~r the jurisdiction of the ACOE or CDFG: Development of the- project site is not.expected.to .interfere. with the conservation strateg~es or goals of the proposed Western Riverside MSHCP. In addition, development of the project site is not expected to interfere with habitat connections to adjacent Cells identified in the USFWS letter to the City, primarily because of the poor habitat quality observed on the )?roje<:;t site and the disturbed environment and adjacent roads to the east, north and west. Furthermore, because indigenous vegetation has been replaced with. mostlybermuda grass and the pl'ojcct site does not contain suitable habitat for supporting special-status species, additional plant suweys should not be ne~ssary._a$ specified in USFWS' letter, "...the project site is within the Narrow Endemic Plan: Species Survey Area 2 and Criteria AreaSpedes. Survey Area 2" which re'Luire additional plant 6urveys acxordingto the MSHCP." Therefore, no constraints related to biological resources on the project site are anticipated to ()CC1ll'.from the futute_developmentof..th.e.pro~ect 6ite_ Reronunendatiom As previously discussed, based on the veg~tation covering the project site (non- native vegetation), the project site does not provide habitat id,aJ for supporting special-status species known to occur in the project vicinity. · Furthermore, Mr. Ainsworth did not observe allY wetland or riparian areas on the project ,ite. .~ ....., ....., AGENDA ITCM NO.~ PAOE7/_~~ ,-- ~ /""' .I Mr. Bruce New July 7, 2004 Page 6 Impact Sciences reconunends that the project applicant contact the City of Lake Elsinore and il'form the City. that the project site has. been e.valUllted for biological resources pertaining to Cell 4743 of the MSHCP and that d~velopment of the project site is not expected. to, oonflict.with the .conservation g~s idef\tified in the MSHCP due to the existing condition and low-habitat value of the p~oject site. It was a pleasur0 preparing. this. information for .y.ou. Should you have any questions or comments regarding this letter, please call Mr. Jeff Johnson or Greg Ainsworth at the letterhead address. Very truly yours, IMP ACf SC1ENCES, IN<=.. ~A'~ Greg Ainsworth Biologist . ..' ACEHOAITEMNO.:&: _.. PAGE /7 011 -- - . . ATTACHMENT NO.4 EXHIBITS ."'W1I u ......" ~ ......" ACEMDA I1iM IIO.~.. PAOE"1i~~ VICINITY MAP BELCARO VILLA'S TCM 32670, CUP 2004-24, R 2004-10 "..... ~~~ r-- PLANNING COMMISSION MEETING SEPTEMBER 7, 2004 ADENDAI'lEM NO.~. PAGE 79:'~ m >< :I: - OJ - :-I ~ ~HI II Ii III' 'I JII,I III ~ i I mllf J' ! fF -- I! I Is I. ' iI"I!I,g'!I'II!I' ~ I!, ~ Ii L -, ~ ~I nil' ~ Ii j n ;Ih ..11 . ,.'lI" :a"~?'1l-~ ,..~...!" ,~I!iEii, Hi I' illllt, ; IP' I ~" J ., ~ !,:h:@ uiiijl !It liE I . q" · ~ II · ill i H : h! .. I . j n: ~ , III 5'. ~ III' j! I ;, i 11,1 ,II II fll H1I 1'1 II I . '11111-"11 h~I'1l 1= :;1 ~ :11 H III ill j j 11111 "J." ........L.II 1ft !t : 'I ... .. >> . . r . r" '. · I rUiE- ;Ib:1 . ~: I iI:;!i ; I' If it II Rf ill ~ !Ii! .'" /' tl'l= IE i i Ii J I i I i /1r I p ;1' I--~' l~ 1t;I' n~; I I ;; ii II U; ji ill /'t F i-I" it It '1'''. I:" I ',' ..1.. I' :.. I if i i I rtd U,' I ,. ~ U .. ; f I III ! Id I ~~ --,......- .::' _~ . t1 =-- \.j ~ ---- ~ ~'mrsl .l ~ "'C., ! 1h ~ i ~\ .; '" ~>y.- 'l~ ;:;;~ '" ... : {~ v, L.i ~ !P~ f[-". Il~l . I t= -----::;. ,_~,,; iii! , !' I Jb,,) \,..-. _ 't,' ~ .... ,.. I lIli --!a. ';L, "l Ii i l"j : ~. ! li1 ]J ! II!. ~- ---. !J:r ~ I,'I! l -I I ,,, ,; l' - "F' I MJ ~ '" I =t' , , ! :I i :-=t:-~ l..{lrl: :p ,'I ~,! I: .. 'F'~ .,. .1,. '''.! JMr '" ., , '\.9' I "' .... , , ~ ... 1 \ I ,_If ~/, : I~ : ~~' ____~~ L ~-- .1111.1 f'- ~---~ Iii; ~- iL-: ~' ~.~'~ ~ IJIi \--" IT ~;If. \ ~ "\ i j! Ii -iM ~ ,IE" \ \ ,~\lli' : ;- \..>\ : Illl ~ rv, L I!. nJ '" \ ii irl',' j~ ;?: !t"i~rrt~~!, '~~.~ 0 01 . \ \ 1~~/ I)! ., ~- 2\ \.~ \\1: ;1 ~. . t I ~ ' ......,.: G 01'1 lie -- L -- '\ \~";I ;;; IPI CY:: '" ~ n \ ~N: Ol ~ ": I~ . ' MJ \ '~I..i! .-. I to=; '. 7 "\ J~tli i. [. r Ii 'I I '\ '1 \ II' I . .. . '. If-, . T I, 1 \on' . - '-. .v-' ":\r: __ . 11 .1 T I-nj(~'LL : I~ .___ .V1 A, ---~r ;:::g //! Ij(0! ,-) ! H-l' 5 Jill! ~.-; ! 'I" r ~)l \.11 I r- _ i 1111 \! -, ; J t ~ v ri,t-t _ .".L ---:Y .t i l" . -------/-i 1\ I . ~-.~ n:---==,t=:::? :--~~rl . r ----.w <'1'.-. -hi J . ~--=:::~tw .,/.. E:~'-'-~ . t--.. .-t--- _:::::=--'--:::s::-~:- - - ~.. _...._~ ___:~ ....J. ~:~~':=~_ ~ll<<I~~-~~_~~~~~~-- ~-\.:::;:z: -==,- .... -'\::"~~='_.. ~.~ ~~~-;;;-::-----~ ,.I----------r-;;;.;~~-. __-=~_===~~~~=~_ .~~_n____ rr------- \ \ r----r--\----~ir~~~-\ -- ---l~ ---- \ .~ "'1'1'\ 11(, ~.I, la. L.1.i ',.,J , \,1 ~;'-t. 'J ,--, ~ u... _.../ . . \ : l:=;U\ " r I --= 1\ '-'\I~~ ~ oC) . .~ lr' \ ..-. \ ~'11> v ...".; '-"" ....., '" ~ m X :c - OJ -- --t I - --' ~-=-=t=."=--"- ~HI.l111111 ~III i'r!l' ~I"I 'I ~I,"I =-,~ -r ~r~n ~~ ~ J 41 Ii! · r, . G ,lj\I ~~. t<:'\ ", T _ . , il! -I "" :' ''''rF "b '-Y - 1\11 ! ! 'I <:: i , I""i,,~,,- "' ~ d ! ~ il'IIIJlg'!II~!11 ~~\[', , ~:L~I!f'I' fJ I, ~, IR~:, ~', 'I. 't'. . 1"" : , ~ 5 < i:i "'-' '[ }<J 1', ! I i~ I ail ~ -= ""', I 1 ~' !T A< ] ! i, ! Ii ! 0 I~ ~ ' . ~ :JI:F ;, ~ 1. ~: 1.1 '1 I h. ...~ ~', . t"rk ,~,-,- . u' u~ ili ..' " , "lIm:v, ift · - ~II '. ," ~ ':\ n ,r U'l ,I' ~1'iiij;~iijiiL .~l ~"i I I. 'll{, ~ t ':j It I mf:h'~fI,Hij! I >-" !~~.It- ~,\ 1i'l I! I!I:I! i H. 1:(. r /,..1; nt:ll\I~ \+:11 H I 1:1 ; ;;>.. ~ ~ \,'~\ i 'i' i ! I' .~ EtlIr-Lj ;' ';.,1ft1:l~ \ ~ 1(1, I : 'V I " " ~ \ '" '., 7 . , . -. , . , .l.., . n , "II (> . '" r <" ~ . , \ I" 'l , "I'l' "". " r ~ "'" y ~ \ '\ ~ Jt!!! ~ ,:rl :t c' - ) II ~/\ ,~j.P ~,~ tIN' 1 ~l!!"" ' 1\ '" Ie ., --"-, i , . . ~ .., I I' ,1.,~ \J \ ,~ ~ Itr1' ~ I:'~ tad /1 !}~ 1 ~. F -ja- . rt j"HU "'-, r1 ~ " \ I > L tT ::JllIJ ., ':':' ff \' ., , :. " [L. /1 i!~ J '-"\n Hi' J1 . / .1 11!~ 'I I. r2J,'J llt: 11 ~,' ~ ) ! !Wj f-~ !l ~J~I . ; , ifflKT' 'c~ ~,~\ ,,! !'Ii i" '~ I ill J " I r.~' , . . ~ . IT"". J -. Cd j : ~i ' ~, " " ,.. D'~ -=-i ,1: .q 0 (; -, ]C;t-~Jf;:l; f\ / fi~'i .- <' r- / ,- '.' I - --. \.J .f :.. I "I. '" I, --irt ; . , 'I', " 1 ~ ' ,1', .' ~1__;.:,j1. ~ ~-+L..+~, -. ~,I' '~I~::R,--;~:~:i:::~1\ /',,, U:~'-I'\>' 1_ ~I,z:;,~ ~:"~: ,':_';'=:~~~~ ~ ~=1',,~ U~_h,= ~.~~.;:~~,-=:~-'~~ 4 ~ ~\~~n \"\ "l\ r u\ J~J nEM ....,. . \ , - 1\ [1 ,. :. ! i~ ! 'n i II! j ~~-~ J \ -...j ,r-j ~-=--), ~.~ III q!IIII'Ptl!~ 'll'Iil" II 1IIIiI!L.... .~J!=la.1 . ~'" ~ ~I PREl MlNARY PlANT lEGEND eou..c.tl_ ~ &!Y!!!I ,~IlIiJ9/;1l~CLKI_"'" 1""",'..:M6~ C~".S,,~ ~~ ~f.~F'I"9l: I..UC.:rzul;$T''11Il'''''T'~,-~... 1l!C\I'Ca.ceE:!III.ft:!':J1 1~~.aJlC)tt"...1 ,~~~~'~~~.:o. i~~..~Ot ~~~~ t=~~RvE!tNU f;~~~c." I~~~~ ~~~:~~ CII::IU8ICQ.c:.w 1=~:a.J.lJilICDIT.u.ER:', olol:!..'~ !k-CPt!:4l1\...1! 1Q!.....~~.......,:~"l.......~ ~. '.""". ~ "-O"f; ""..~.:;n>C#.!:1!IJ'I ~,"T"'Ic:t'U :\O!"1':S'!'I..:.r ~1t.liCA1MA""U,CJIItC ~.lC'IIilrf~fIO;.,:.P.: ~~.~, ~'!M.E- ..~~ ~.t'U! I~~~~ ~CER" ~~ IAC'fN,ilAUSE* ~"'CT...a f\.al'5o.Cf'ES> !"l~I.e:u:1t: ~""ClP.~ A..a.t~ ~".:ll"cea.a. ~C'lUt<Gf. .......'AfIlEA6 ~lICic.:.~l'lIN& 1C:-a......,,~ !'l~J..:M...l.$o LIliUe~!f...~ :'E.o<-1S_.oET !'L..aT.lIOII:M ..~~ \PP' t.>>n~ "'t,1':' . "-Cft$ II4!I"fitl(lC.:Ll;sone W'O~DolTtl" J\~~.a 0!Ca~ ~~.>tft1,1i.." Fl_f..:lOl!::.:IS alnCPt P[C'_~ ~.. P.....t ~ ~5W ~ ~'::.:fOE.:4 ~JX:rE~nc.4 -E-'vtot.le.:r&...'\.: f1.~'..:AE"'" AO!':' ~ JlO:f.i ='1.."::1 .u.E~ ~~ I~e,.o..,.ru. fl..U~..l.i IGRalOl'".nvAIFR:I1 ~ alY'1'W.a lIlTM"L".AIR] nAC.Al J=~tC& a~;pc2~ ~.E!~~~EP- ~rvrHI"",,1ENAl ~ s.e..ta fOOWGE \D_\_"rc~ ftMn; . ;::::-~'~-"""'"'1....."-".."",,,-~.._~,~..--.<........_.. . ....__~._......-..'"' _........ow . .......~,......-..;..4..,; ..................~..- -.1.:-....._...._.....,.. c:~flIlEE t;~'F" ',f.IIil~~ .:.....7'07 ..1CCl)oT1fIe: ..!GCl!'h!JI!D: ~~!lIIEt ~~ ~:llIl!: ..s:1ir.T~...cceo; ..:.:.::&t1'iIlI&: Enriched p;n"t.g ftetn; .. (..-.n-~.........,.... 0_"', .~ _-ri:" ...,....-.,.oblI 'ot ......~ ~'! t:...""",c ;;;'::'':;::~''';:>l fC"~"CIo1.", IIbr "r_ir~'.. _... ...'.).::Ilc "'~ ct-~~ . a -.-'.cJ ~. .... . ...-n....... ~ E.~. .ir._ _~Co...l ~4"''';:lk_''''' ~......-:..l'c;'OW&"r...~~....J:...... ,,,- .....,._........Il;Ii.._"'ol:. --.""..,.., -.. """*' :"._I"l;:t<: ,\II.. l.1.....T ......!......In-::~.o:d'-"co...:ft.>r:".t.r..,.r.,C\.~.........,r.,.:'o. .. ",.,_...~... ....~....;o... t............"1\: Art ~ ....>11 .. cr........... ,_....,. .""'.'b. ,....:I""'~:!,.,.......,.."""............,.._..'""'". .. (,...'t"....,r"I._~4....:.a..:,.,....k...~....,.r~............,......:-.Ic~~ ....! ........ >c....""" _ ..Ia<"" -=_;p. """ ~~ AoJ...~~...... G<'1t<"ral Not6; I r,.... C~ .or.......~l... ,......."......... .."'"'~ ~_........'" "'...,"'.........~ ..otl".: ,......i.bt. io:.+...:r.,I....'d..."=__;o..e~1ft\.~:J!IJurd--ro:-~<, o..._.._....,.,;r.,. rt-:!iq~-'J,;,....!..~,.a....3dJ.uOI'_ "t"'c.r~...", .. A......,..."'.."":O~T.!.'!"..,_;"',II "c'......aaP..:.....>It ,N\lI'>rl~"'...~_!'<< _............<t,...-...,.......",l..,......,..............._.. .. ~"',.....To..!.....I.....>..........a.....~_,l",.,.,IIt~,....,.;._.....loII..._" .\,.i.v;COlo; ......,-. ~....... ..;..... cwalW.....!.>co. '"'''''l.....;1!Uaf..- ~..~..._.,k.-...t<...,...__....~;..."'"........ .~...."-.i",oL.o;,,_~.... ...."'neJ"....l:t...............n.....ri:l:o<-.......L..i .....-ma /~k ................ auraoow ( \( ~"'..,.."..,., MODEL COMPLEX NORT:.iQ.) GC....\LE: t<::O T RECREATION AREA NORTi-lG SCLLE: ;";;:'0' Conceptual Landscape Plan Belcaro Lake Elsinore. California DoR. HORTON 119 North Maple Ste. A Corona. CA 92880 ~ "'t~ I'VV'\n ! II&GIM_..... f I" ! ~ . . . - 1111111 I II II I ......" ~ 1IDtIl>U& ..xus SITE PLAN SCALE, 'EXHIBIT c = ~It & WILUA~l1iM ARC H IT E C r S I'" C. ~ . ...'. . ... ......MlU Wft:.~ .. -. ..s__ _...... . . ._. ". ~....,.._urt_ . fAl LlI . . ll[~~ ~ t-< ~ = ~Qj ,,~[i:!= i-~ ->. g= c> .-- J~I= ,~ ~ i:;R~ :z ~ os::-O m >< ::r: - OJ ..... --i Q ~ ~ HI ~~j!2 1,1'- 2 ~ II. ~ ~o 1!I~l ~m . ,f ill () c ;::s: n ~ " "\ ; i )'1,,) 'fl-...... ~c: ;;~ ! 'IlIn , :J!~ ~ 1 ~(l "i~., ! ~ \ -- ---- '-- \ g ~~ -< ' <;l - I l1r~ ,I 2~;~-' L. ..'!J'"'~ , ~. E' ~ - 'E 11> II :r IQ 1m I --i !1> Ir= - ~'1 i I -' , ~2 i (j) ~g If) ~.1 11> r~ I' .. ~ ~ i.z: I~ t L' ~ ~ i ;u ~ ~" ~. ;0 -~ ~ ~6 : :;1 c~ l! ~~ 0 i-4 \l tT1 ;::s: ~ 'ij ~ ;::s: ': I ., i~ ;i In'l ,.... , 6 ;, Iz ;i I I' , I , i i ! I I : I ':' I q I I I ~ "'G' ~ ~~ ~ ;~~ ;;~ ~""O M('\ ~ ;;11S~ "00 ~ ~ ~~ ~S I rOI ~I )",.!, I -.J U> f) 1> I~ I~ I~ r~ ~~, ~f --'-J I ,)! ( ,,)\ I~ ! '- '"r--'-.- - --------/ o >l ~ ~ :t Q ;:J1 ! .. r.... ill 'r I~ 1< I- ,m jE i I I ! ~ =-1 ULL~~ ~ ~ ,tr I I ; I ! i I Lj f"! ) i I' II ! I \ I H I I [ I I II It-I [, ; j i ,ii I~i Ii ) NO I [',I I ~O I 'I ! n~jll ,: I . ;: i; e=Jl I ,----; J j- , I i ! ! I , i i I I I I i I ! I i i i I i I I ! I ! I i . r i~ I <1' /6 l~ !U I~ ~ I ~ ~ I ~ " . 1:>- U l> < m ..----"'. ;; ] . Q r m ~I mi .. I -:=1 ~ i ~;I I tc-' 5;= ~t;j 8~[;= ~~ ~~:r-= ;;-.......... ;:::03:= ~ n 8~~a; -- ?~wa .fi.~.. >~ ~ C) ~ m >< ;::c -- OJ ...... -I '" J IU ~i~' ~g ,,-. , ., {~5 i3 i lli ~f<2 ~f~ ~~ pI '-"" n o ~ ~ ~ '-' !2' ~ .......... ~ o ~ .......... n o ~ ~ '1:j ~ ~ '. , tW \ @~.' . ~.... . \ 'I' .'. . . . , . I .~ ACEN~~. . --.... ..-.,,.,... === ~.~ .--- -.......- .;!=--..... ~..~ .- . ..~ ..-- .. -- -- .......... ..4:.,,..... ........- .."'.,.,. .~~ "..~- ".::C::- 1lI_~."'" ..........,AIII ,- .-.- ..-.-.-,.., .- --....,,-- '_.,_,.... U,,-/O. -,.------ ___......z,.,. . -::::'(1.131 - - '-::.-:.slll -- "r:w-_ ,,-- .~=- -...~~ ~~~ ......../UJ, :~:=:: mu:_z_" 'A. 0Il'SJ:._' ...... 1.."......____--.-....------- ...--........... Z,... "..-UlIA___4.__,.,_.._...-4~_.. ,..-..._.............~~II...- J _...,..-...-*-1..... ""'" ..- ................. ~.OII._..,~ ...... ......-.....,., SUMMARY: Total Units Gross Acres Net Acres Deosily 141 Units 9.735 Acres (424,0567 sq. Il) 9.55 Aaes (415,998 sq. II.) 14.76 D-ilJAC. UNIT SUMMARY: Bu~ding 100 (:J.Ptex) 1 st Floor 2nd Floor Total Builtfmg 200 (6-Plex) 1st Floor 2nd Floor ,,--. Total 2,989 sq. It 2,567 sq. It 5,556 sq. It 5,978 sq. It 5,134 sq. 11. 11.112 sq. Il I'AAKING SUMMARY: 'Req'd Provided Enclosed Parlcing 282 Sp. 282 Sp. Open Parlcing 28 Sp. 71 Sp. Total 310 Sp. 353 Sp. (2.2 SplDU) (2.5 SplDU) OPEN SPACE: Recreation Area Cou11yards Miscellaneous Tolal 21.187 S.F. 26,723 S.F. 113.530 S.F. 161,556 S.F. Lot Coverage 33.7% --......----..,. VICINITY MAP ~==.=-~ = -j-' -. -' -. LAK~SHOR.E~~(RAIL"ROAD.AVE). -/~:"~o.-s r i I T - -' ~r-r.-.-:"':' I, .,r M1d . I ~~:.-L -=- ! ."" ~ iD ':;i ~t J Qr I I .or, I'M" I I , ' I I , " I ..., I J''' , I , I , I , I -t-.-=.~ GREEN SffiEET I I , I , I , I R/W ,.r tul Ill, ~I >c:' 11:1 it. D.' III l<:' 51 ..r , I "'" , I Z2.r , I "'.r I .or -inOR siRffi I . , I , I I , I i I , I , I , I ._.J; _~. _._. __. .&L...._ ..r , I I } ~. I , I , I , I , I , I I , I I , -L , I , I , I , I , I ...I lli' ~I , ~I , I I I I , o 1--'t , :::t:::; ~. .-' "~~ \ _LI """- ~~' -\ \~-~_.- ! f--WATERQU4l/TY V j/ O' \....: I ._~ BASIN .:.. (' PuMPS/TEl h. ^"h::::I~lfePJ.n ; -- - ~/7"XHISIT- J . ;L~I I I .-. o. ~ Z2..Jti.. ~t I" ... JI - r- ,....."".. ..L n os. ~ IdDI- . f9-Qr r- -;V ,... ~I ~I I rr1t or.l~ I I'" ~ i-t.J---1 .... Q.' I ~I u~~ I I .r!.J]~1 IJ -r--t .J r='. ".r ~ T ...1.,...)~:.J\ '-' r=s .r'....""....L .L~ 'I ~ ..r~rJ I I ~ '.r j~ I I I ~------- I indl I u M I I @l ~ ..rr~l r '= "\ c.... ~~-"'+-'/I ,=. fr~~~= -,~J~ ... ~ --.. ~' "'(IT .I' lQL' 0 ~. ~. o O~ \~"" \81 I~ . ,I -'~C ~/ ~~ ~ ..... .... )--=-' '~~~::1 -f ~ ~t r'~ ... ~ '1 J. 7Lr I 1ft .r ~ II I I I 1!.Z2.. "ill.' I 3ll0" ~.. .... I ~I ~ 1'! .,or '1.._ ~.rr- = ~ J~ -'!t'i.!. = "'~I ~t 1 '~t-"u=11 ~r1 I I "-- III Ir ~1111J. '.IT@ r~d 3~-r ~ "\ J I " R"" I 1U'~ CONTROUEO E. v.A. (FITMI~TBO) I or ~ I ~f I :1! Qr ., afT TayIorSfnHd road _*'_ ... Bm_{1ypica'}~ WI R/W \ I f-- -I'"~ I ~I ~ -'I':='J ~J==.Itl't':= L~ Jj 151 I I W ..r I @l ,~ os. --l --l ~ ~ I. , ~ ;A.". I \~ I I ~l I .... '--r'Il- .F-it "... .I) Belcaro IAlc EilillDrt, CJdifonWi D'R'HORIDN- .- WILUA1\.4 HEZMALHALCH ARCHlllCT$ INC. _-...- ...tM......o. -..0 M__ _____ ....._ ~:'=IIIl!llll2~~-== ..~ . ~NO.-2L PIG. <35 _o,.:JiJ/J:. r .OI'.Bl N ~ ~~ (0-;"" <9~ ~ . 0.6 ",'" t If i 6 i J i I o & 0).0 c~ .- " > . ::i~ N ~ . ~ Q) :> .' W;: ~ " ~~ ~~ .,. Q) > Q) ..J ... Q) ~ o . ..J ~ Q) ..J ... Q) a. a. J f - r I,. V'- ~ as - X >< W. .. ~ i3oU!j!'1 JZG~IU ~, t,{':;SI,~ , <{ ~ ~"'li NOl! ~:5 Q ~-'l~ <{ 1: i Ii! 30 ill ~~ _ Q: ~liI U ~dJ!iiu Q) c 0 en (j) .r: Q) 10 .~ Q) LL m Q) Of:. ~ 01 ~~Ie 0 N ~ co I1l C :J en <9 rr E . Q)(j), 0 ro ~ ~'rt -OW 0 -r----t. .~..- - ... 0 ~~ ~' ._ ,10 U "-:. . Q) N (/) ....m Q) N 0:: ~ H ~ AGENDA ~ PAIJE ~ t, . .= 0= ,- .. eo ~ ~..~ "'" J IOI!iIl'i gZi'il! 9 <{ - IIi Ill! I ~ ~ filli~ ~ ~:i&~ NOlll 0 ~:~ a _E~ ~-il5 I li! c: x J- ~O ji I~ 6~ =!'" litll 9 0 ~ 3diie ~ CO g,j ~ N ID .. ....... i > J: b ~ Gi-N OJ '" Cl x j -.J O)~ (ij~ , L- X _5 )( ~ OJ > . 00 3: ~~ ",'" t I 0 -.J W ~ 0 ..... c :::> L- (1) .o-.os C L- <I) .1::. .~ 0 Q) ro 0 E ,-- 0 <D ro <D :.-~ Z lL to Ol S - <D ro ~ <:s: L- C\/ L- U 0 ro -- ro ::J <I) <9 ~ ..,' = r::T '- 3: E L- Q = (/) ro ~ "" I-- 0 0 u ~.:s == 0 ."", L- ILl to "0 C\/ = (1) <D ~~ .- ro <:s: (.) H (') C (1) "0 (f) (1) 0:: :, ., . '" ~ co '" :> .' ID (f)~ (')' L ., E~ > "0 OJ - ~ o ~. -.J .. , as... ox :;! ~ L. Q> "o"\' Q) . a. 10;: a. :::> 0 ." -- - - - - ..~ -- - -- ~ .. AGENDA ITEM PAGE '7.7 ,- <;> ~ <;> ~ - , I 9 O>~ .!: x c. .- 0 0,,;- o ~ ())to c~ 3~ On .(}-Jl5 2w ~~ ~ " cD . U;9 "'On ~~ cD . g OlN 1!;: i OIN ...... C> " I ~~ Q) c 00 N N > ::> ) Q) i -.J L- A Q) ~ 0 ::: 0 0 -.J ..... I ()) ...... c - 0 3: I- <l> U C <l> -0 en <l> 0::: ('1)9 E~ o " e. -o;! cD o' ID:: Q) > Q) -.J '- Q) 0- 0- ::> .' H I- - CO - J: >< W ~ I --5 It! uOi- - -,zlill i {-.si <siI :s ~A Iii ~<("'~ ~>-l NOl! ~:si~ ~-~I~ :r Ii! Ii ~o i~ ~g :;!"':!lll!i ~di$ill en .r. .S C> Q) ro Q ~ t;Z z Q) m 0 u.. LO ~~R -1 Q) '- N ~u ::> (\l '"- ::J ~' m 0- Il) ~ [I. X(f)E C> "" WNg ~.:5 -1......'- u.:t Q...;tU ~~ - Q) <D"-m ~ C') H -.::: - = = 0= r -- -. ~ ~.~ ~ o u I~ Ie JZ Oil i l-Z (-.sillll I ~J IJI ~ ~~!i wWli !!I ~~ i Ii .-.. (:r:~ II y Qi :JO Ii I~ ~'" Oil 9 01;" > - ~<!Ii lill c~ (Q ~.)( -' '.... ..JClf Q) t! ~ - 0 :r: -' ~ X ~ i W '=1 , . ~;: ., . i E " OIN ~ m Q ~ Z u.. ~:S- lO 0> e <D ~ N t1l ~ .\r,IS (ij ~ t1l -- U U :J (.!) cr(J) ~ ....' Q He en E (ij ..... <:> :- Q) co 0 0 ~-.1::::- c> e "U.:s ~ -0 lO -0 N ~ ..... ~~ = en m ~ C') H <D 0::: N.~ E;" o ~ o " ~ . -g~ 00:: 1;> g ., . -'5' CI).~ Qi ~ " > .'!! . .,<0 N_ --::: - - ~ - ~- i l! Ar.AI~ fTFM e&QE ,<t. ~ ~ -O-.lS" il f::?i .-.---:': il iI ~ :-::-:~.: ~:~::-i ; I I ._ J ! -t Ul Cl>Q)5 .. '" cu..al cD o ~ ~ ~ :> Ul '" co-Eel cu~g(ij _~i;O a.. ~ co-N ...:m N z <( -' n. a:: o o -' LL a:: UJ ~ o -' Q)_ii Q) .. '" _:fmQ) .cG)t.q~ ,---:oN&.- r-::J-CII o-Ulel CCJ)E~ CO<x>8~ o ~ _U)"DN 0.. ...: ~ M II) oQi= .. as ~u..m.. t--~~~ '" - '" c5-{I)C) CO~~Gi _~2U n.IOUN ...:~ M Q) C o c CO 0.. z <( -' n. a:: o o -' u.. a: UJ n. a. ::> Q) Q) .c I- c CO 0.. o ~ I- c CO 0.. ~. . I- m - :c >< w en c "tJ _ c 0- .2 ::J~ .. mill ",. Ul .x 'c 11l m& a... (") AGENDA ITEM PA9E 90 [~ liu~!!~~ ..Jz~l!I!l ~-<li <Iii! ~. !;!,;r ~ww~ l!l :1:.. it -!ii z:;JE; ~ 0 ii ~g _"'::!l!l!i ~<bh ~ ~ ..,' ... r----4 <:> "'" . -,E) ~Ul f:Q~ '>: >--l - = --=: = .= - = ,...-. .--.... ,...-. I .ol.~Z~1ddy r,-.:, ..~: riHi[ om' o. [1m i __. m IIIIl J llBm ;~ t- LL W --' ~ ~ . ~ .ft! w ;Ix' : i~ ~;t.D~~ ~I~~ ~. ~ I- Z o oc LL J- - CO - J: >< W (J) c -0 _ c -- .Q :J ~ alii) .c ., X .c '" Q) a. _if) (L (<) ~ENDA ITEM p~ '1 J .. E~ ~ti ~~ ~~ J Z g~ Ii ~ ti;<1I: <(...i ~Uli!1 - _ ~::5.1 a ~-!!Ii~ <('" ~ II 3U ai ~g _,dll!l!i!!I ::..:lls h - '" a -g . ~~z ~~ ~. ~ ...' == ---.. 6 Q .E=- ~i3 =. ~~ = '" H .= ..0-"' il ~':a '!:t iJ: ~~:~J , , ___._1 ! I L. J I . ~ Q)Q)5 C~~CD o ~N ~ <0 - ~ :J II) OJ ccrE<9 (1)(/)O~ _~e8 a..-~N .,.:m '" z :s 0... Ii: o o J U. 0:: w ~ o --' C1l_~ Q)GJ ~ J- - CD - :r: f6 0> C -0 c .9 :J ~ mdl .c X g Q>!l. Q.. C0 .. ~1l1 ......, l u ~~ ~~ -,z!j!!lfi ~ -313lS ~ JU){~l'i.~ ~~!I&I ~:i a ~-'l~ (I~ Ii! :iod~l! d",h~9 ~diSia . z: ~ ~ ~ ~..... ~ _ ~~ )JJtI' ~ i3. .c:i::u ~~ == ~ o-l .= .= = 0= AGENDA ITBtoN p~ 9i- OP ~ "...... ;--. .=~ ;~ ~~ -9-.~[ t- :r: C> a: z t- Z o a:: I.L J- - al - :I: r:i ..~l Gun~f1 ..Jz~ilJ9 ~-;Si ;sG ~ ~~!i r 2S!i::si!i L-~i~ :I:~ Ii! ~u ~i ~~ :!ld!!ll!i ~<hliG ~ a .~. <:> Z ~~~ ~~ == ~~' Q r---l.~ = ~i3 == N"\"'= r'-4~ .....:l ~ :Ii ~ ~ I;: ~'.O ~ ...-:.-:- ~. =-~ m 0;"- ~~ .~l'o ~~ - ~& 6::! OU"'O,4 ~l ~i on... ........ m J' -, !~ ~~ 0> C "0 - c .- .Q ::l ~ (J).!! w, s:: X g.. CI> G>U: 0... C') i ~ AGENDA mM~~. PAOE 9-=? _........~ ~ o , , -, ----- . , o :::::\ Q) c o c (1] ll.. Q) Q) .J::. f- c m ll.. o ~ f- z <( ~ 0. a:: o o ~ lL a:: W 0. 0. J c (1] ll.. 0:: o ~ f- ll.. .J::. f- c m ll.. -0 .- - m - :c X w 0> c -0 _ C __ -2 :J ~ ., (()w ~ .!!! X c. tV Q) 0- en Q.. c (1] <D Q) Q). Q) c o c m ll.. AGENDA lTEM: p~11 ..W ....., o c.j ~~ ~s .JZ ;_'i ~E!:r 25 ~:~11I ~-~lri (:I:~ II 3o!!i~!1 _",!i!~~i 3dJill ~ "-..).... >- r----..4 <:> ~ - -;3 ~P-l f'r\'" l'-"-'~ H .= ",...... .t'c..U .--... il iJ o _____n_n___n____nn_ ~ a ~ , _____________il__ ) .__ ------- ------------- .oJ ;1 ~ ",...... i . I I I ! .' .. - ~ CD .. - .'" ClLm~ 0..",,,, &... - '- ~cn~ C & 15 .~ (0" 0 m <D~U -It> U o.~",,,, ~al '" .. Q)....~ CD .. '" .. m .. ~ u.. Ul (J) .c~N~ I-~-;(; c&5(;; ro~f!~ - U1 ~ o.~al M '" ~ oairo .. 00 '" :;:u.lt)'" r~_~~ z C$ E ~ :5t1l",gt3 0.. 0:: ~_ ~ '" a:: ~ 00 g M -1 l<- n:: w ~ o -1 0::_5 . <II '" 0: ~- ~ 3: ~ N l" .....~-;(; ctt~~ "'oU ~ ~_ ~ N Il..~oo M '" CD .c : ~ Q) L- u.. ..., ()) r:.~Ne ~~-;;<" cgECo CX)8u ~~uN - ... o.~oo M '" - ~ (\)"'- .. '" C:lL-a) ~ 0..",,,, ~ - ~ ~U)(; C&~ro m<D~U -It> u o._CJN "':00 N D-- ~ - al - J: ~ 0> C -0 c o ro ::J ~ row .c '" X -iij a>c% a... <0 [~] . lr) .. ... o <.i ~gi5 -,zE!li .(:- ;1i;1il :5 {~liJ! ~.. ~:!&! NOllt~ ~~5 Ii 2-~l5 <(:1:! ri! :;lO~I~!! ;:!C! ihll!!I ~<hiiil <:>: O'E ;..- .~ ~ ~u z S Q = =- = ~ 'U' >- C> r-----l ;s::: ~;S ~ ~~ H 0-= " I . AC!NDA rTEM"N PAGE CJS 3~ ,k.lZ'~ t: w ...,J mDf } ;~ .~~ ~~ ~!' gi "'... ....... l- I G ii: - ~-- ~~ ~~ H hi -~ ~~ -1"<' _ 0: .3 ~ 00.: ~ ....l: :;1 ~}~ ilJ~~ :t~ ~~ o ~ ffi - J: ~ 0> C -0 _ c .- .Q ::l~ Q) (Ow .c . .. X'<= '" a>af 0.. CD AGENDA ITEM PAGE CJ?-- ..~ ~-~L OU U~!'1 -,Z!! III <(-;11;1lil :5.. {J lfJl ~ ~~!t'i ~ WWli R ~~:lEi <(:I: t II .3 0 ii ~!! _"'~" 'i!ll 3:diiilli '=:l: c 'E . ~~Z ~;] ~ t::...,) ...' -~.,~,~- ~i3 == ~~ == '=:l: H ,,- 0= p.....K ~ -- ----------- --.. . . I t (J) I e 0 I e ! 11l a.. (J) (J) .c. l- e 11l a.. I 1!. 0 3 I- z' e ===:::::=1 <C 11l ..J Q. a.. ,,-.... a:: ~ 0 . 0 ..J I i u. 0:: a:: ::=:::liq UJ Q. 0 Q. 3 ::> , l- e , 11l !I. a.. (J) (J) .c. l- e 11l a.. ~ (J) e o e 11l a.. OL ?- m - :c x w ru I. U i.51!! U ~- - -,Z $I!! 9 (-lIi lIll :5 fi t~ ~ fiai NUIII ~ ww~ II I~~ .!l ~-H" (:I:~_ Ii :;u illl ~~ :!,d!1I'i!9 :;:<<hiill 0) C '>: U Q 'E Z c ~-g" S 0 .~ ~ ..: :J > U co W "-...) ~' i >- s:: <:> 0 ......-.. ~ x c ~..:s c;= Q) U: P..l {:Q~ = 0... >--l <0 0= .. [- ACENDA "afNO. PPI;E 97 OP .. ~ .s-... r---------- ---- iI a am-: ~ ' , , , , , __u__m_uiLl ~__ ________nnu_ ~ ;1 iJ i L. J ! '" Q)ii~ CD '" CtLalG> o ~N ~ '" - '" c5-ECl rolnOCi; _:8.gu a.~CD'" '<r-"m '" '" Q)_E <u CD '" L..: ~ & ~~N~ l-~-;o c&fjOi (Q~eu _lO'ON a. .--: ~ M ~ '" L: OQ)m ~ of ~ :g, I-~N~ '" - '" c _g-E <2 ~~E~ O-~_~N ~oo M z <( J Q. a:: o o J ~cr:_~ w,Q)'fti ~oof~:g, g 3: ~ N t'! I- ~:;(; (/) E ~ C~eO <U"'Ct-uN - - CD a.~oo M '" <1>_5 <u$Q'l ..... lL. Ul & .c~Nt'! r- ~ -;. ~ c(/)fjOi ~~ii~ a.':~ M .. '" Q)GJE CD '" ClLCO ~ 0""'''' ~-;:V CCTECl ro(J)oCi; _:g.go a.~CD'" '--:00 '" lI) I- -- CO - :r: X w ~ ~ ~ '-' IUJIiI" o -" JZ"ll 9 ~-<1i<1;! ~ J",filiJl ~o-i,l NOl!I~ wW!'! ;; Io- 3 _ S :E-1I1- <(:I:!~ i! :; 0 ~I ~~ ::!cd!llli!i ~<(lli;jl! Ol C ~ -0 ~ 'E c ~$ iZ _2 ; ~ (;j ~ ~ > u m CD iii ~ ,..' L: >- 0 r---A C> X c- ~ ~- CD ~.2i- Q.) U: ~ Q.. ~~ = ">: H <D ""EhUA II tMo- p~ 9iJ i .. ~ ~ ~ ~ .9'-.lt"-.ddv et !g ;~ 0:5 6::! ~i ~'; ~_ t;e "I- ;x: C) a: i~ ~~ ~~ ~f t- J- - co - :c X w OJ C u - c ..- .Q ::J ~ mill r: x .g Q)~ a... <0 .. ~ ~ IJ oou,~ --' z E! Ii ~ t i:liS~ <( ~ ~~ilil NOll Ww~ R ;X:~il ~ ~_'fil <(:I:~ Ii! :;0 ili b :!<>:ll!l! 6i ~<hlili! ~ a -g ." 1>-.~ Z ~~ e ~~' Q "'--".5 = <u i3= ~~ == ~ ~ .= .= 0= AGENDA fI9I:N . . ~~9q OP ! ! J J- - OJ - :r: x w .. ~ ~ ~- I - -5 -- U 01-!5 -'z \i~ 19 ('-~i ~l! I {JI ~JI ~~~!i~ 2S WW5 II ~:;I~ (r~_ II :]O;!K ~~ ::!"'~lIU ~ dOl lii;;; c c 0 0 ...... u u Q) Q) (/) (/) ~ 0 'E Z 0> 0> ~~ r c c ~G -0 -0 ~ ~' ~ c =- .--...... ;s::: :J :J ~..:s ~ ~ CO al ~~ = ~ H X X Q) Q) i a... t a... I . (0 I (") I ! .. i i #. Q= ~ """ ~ ~ :. ~~ z <( .J Q. IJ.. o o a: .-t""I. z o ~ <( fij' ;.;J w a: <( - u:J a: z g- F- <( fij ...I iii t- :J: (JJ ii: z Q ~ <l! :>- W ...I IU t- Z o It IL. > -0 . 9~1:1: f-II... ~ i~I,T ~f:; ; l;i J ~~Im ~<.... ~ ;:g C)~ 'S: :.-EZ ~e ~ ~1J z <:s: ~ ~- Q <( ~ i---I.s ~ .J Q. < ~ 7il C!=l a:: ~ = 0 u 0 < w z o F <( > tU uJ t- IJ.. UI ...I \tt WILLIAM HEZMALHALCH ARC HIT E C T SIN C. """"'" May 20, 2004 O.R. HORTON RELCARO Lake Elsinore, California Prbi~ct#2003459.00 ARCHITECTURE PlANNING EXTERIOR COLORS AND MATERIALS COMMUNITY. DESIGN SCHEME 1 of 4 'S' Elevations Only Spanish DESCRIPTION ROOF MATERIAL: Concrete'S' Tile .... MANlJFACtURER. 364Q . SUNSET RANGE EAGLE STUCCO 25693/4 (16/20 Lightlace Finish) EXPO TRIM COLOR #1 (applied to): Corbels Garage Doors Secondary Doors Stucco over Foam Trim Trim Window Trim 874M KAYAK BROWN .. _ .FRi\ZEE ~ TRIM COLOR #2 (applied to): Fascia 8306N ALCAZAR BROWN TRIM COLOR #3 (applied to): Metal Louvered Doors @ Stucco MA TCHBENJAMJN MOORE HC-4aBRADSTREET.BEIGE FRAZEE ACCENT COLOR (applied to): Entry Doors Shutters 8656N GREEK OLIVE ~FRAlEE DECK COATING GUTTERS & DOWNSPOUTS (if applicable) WINDOW FRAME & MULLIONS TBD ,. WROUGHT IRON 8786N BLACK FINISH PRE-FAD PIPES 8296N TREASURE CHEST SANDSTONE WHITE (Factory Finish) NOTE: ~~=:~~=:~~::':C~~:S:EI~~~::~:lIIJ.UEC.~;,"n.;:~~"": REVISIONS: Revision No. Date 1 8/30/04 850 Redhill Avenue Suite 200 Santa Ana CA 92705-5543 Tel 9492500607 Fax 949250 1529 Description Elevation letters. changed per atchltec~ural drawings. www.wharchitects.com ."'-tJIf JII""'" May 20,2004 DR HORTON BELCARO Lake Elsinore, California wt WILLIAM HEZMALHALCH ARCHITECTS INC. EXTERIOR COLORS AND MATERIALS SCHEME 2 of 4 'S' Elevations Only Spanish DESCRIPTION ROOF MATERIAL: Concrete 'S' Tile STUCCO ~ TRIM COLOR #1 (applied to): Corbels Garage Doors Secondary Doors Stucco over Foam Trim Trim Window Trim TRIM COLOR #2 (applied to): Fascia TRIM COLOR #3 (applied to): Metal Louvered Doors @ Stucco ACCENT COLOR (applied to): Entry Doors Shutters PRE-FAD PIPES WROUGHT IRON DECK COATING GUTTERS & DOWNSPOUTS (if applicable) WINDOW FRAME & MULLIONS COLOR Finish) 3680 LOS PADRES BLEND 3386 (16/20 ~ightlace Rnish) 82350 BflUSHBOX 8726N MOCHA BROWN MATCH SHERWIN WILLIAMS SW2200 TRAVERTINE 8556A PEKING BLUE 8296N TREASURE CHESt 8786N 6LACKFINISH SANDY TAN TBD WHITE (Factory ROish) Project #2003459.00 ARCHITECTURE PLANNING COMMUNITY DESIGN MANOFACTUREn EAGLE EXPO FRAZEE FRAZEE FRAZEE FRAZEE FRAZEE FRAZEE TBD TBD ~. NOTE: COORDINATE ANY MODIFICATIONS TO THIS SPECIFICATION WITH JULIE CUNNINGHAM Wiltiam Hezmalhalch Ar~Mects.lnc.@2004 AT WILLIAM HEZMALHALCH ARCHITECTS, INC. (949) 250-0607. ..... ......... .'< < .... .. ............. ....... . .x. EXHIBIT ". .~" .- " ,.,." - . ',.:.-- . . REVISIONS: Revision No. Date 1 ~3W04 2850 Redhill Avenue Suite 200 Santa Ana CA 92705.5543 Tel 9492500607 Fax 9492501529 \ft May 20, 2004 WILLIAM HEZMALHALCH ARCHITECTS INC. D.R. HORTON BELCARO Lake Elsinore, California EXTERIOR COLORS AND MATERIALS SCHEME 3 of 4 'F' Elevations Only French Country Project #2003459. 00 ......." ARCHITECTURE PLANNiNG COMMUNITY DESIGN DESCRIPTION COLOR (Finish) MANUFACTURER ROOF MATERIAL: 4686N Concrete Slate Tile PEWTER BLEND EAGLE . STUCCO 394 3/4 EXPO (16/20 LighUace Rnish) TRIM COLOR #1 (applied to): Corbels Garage Doors 8766N FRAZEE Secondary Doors CARIBOU Stucco over Foam Trim Trim Window Trim ... ... .... TRIM COLOR #2 (applied to): Barge Board Fascia CW033W FRAZEE OutJookers FLORAL WHITE Wood Beams Wood Knee Braces TRIM COLOR #3 (applied to): Metal Louvered Doors @ Stucco 8214M TOBACCO ROAD FRAZEE ACCENT COLOR (applied to): EntJy Doors 8886N FRAZEE Shutters BEST BURGUNDY WROUGHT IRON 8806NTU()OR HOUSE lFRAZEE DECK COATING PUTTY t. ENOURO~KOTE ~ . GUTTERS & DOWNSPOUTS TBO TBO (if applicable) WINDOW FRAME & MULLIONS WHITE (Factory Finish) TBO .. . NOTE: COORDINATE ANY MODIFICATIONS TO THIS SPECIFICATION WITH JUlIECUNNING......HA.M . ...... ...W..ill.iam... ..Hezm. 31h. .'.. \/....... . AT WILLIAM HEZMALHALCH ARCHITECTS, INC. (949) 250-D607'E.XH lBIT ~ REVISIONS: . . . Revision No. Date Description 1 8/30/04 Elevation letters chan ed . er aiJ;hitectural d~wings. 2850 Redhill Avenue Suite 200 Santa Ana CA 92705-5543 www.wharchitects.com Tel 9492500607 Fax 9492501529 3875 Hopyard Ro Tel 925 463 1,Aoir ......." Inc. @ 2004 .:.~ ,..", ~ ~, ,-.. Wt WILLIAM HEZMALHALCH ARCHITECTS INC. May 20, 2004 D.R. HORTON BELCARO Lake Elsinore, California Project #2003459.00 ARCHITECTURE PlANNING EXTERIOR COLORS AND MATERIALS COMMUNITY DESIGN SCHEME 4 of 4 'F' Elevations Only French Country DESCRIPTION COLOR (Finish) MANUFACTURER ROOF MATERIAL: 4697 Concrete Slate Tile SLATE. RANGE EAGLE STUCCO 3797 + 25% EXPO (16/20 Ughtlace FiniSh) TRIM COLOR #1 (applied to): Barge Board Corbels Fascia Garage Doors CW033W FRAZEE Outlookers FLORAL WHITE Secondary Doors Stucco over Foam Trim . - -.-- -. ,_. Trim Window Trim Wood Beams Wood Knee Braces TRIM COLOR #2 (applied to): Metal louvered Doors @ Stucco 8173MHERBIVORE FRAZEE ACCENT COLOR (applied to): Entry Doors 8326N FRAZEE Shutters BRICK SHADOW WROUGHT IRON 8796N BLACK METAL FRAZEE ... DECK COATING PUTTY . ENDURO-KOTE GUTTERS & DOWNSPOUTS TBD .' TBD (d applicable) .... . WINDOW FRAME & MULLIONS WHITE (factory finish) TBD NOTE: COORDINATE ANY MODIFICATIONS TO THIS SPECIFICATION WITH JUlIECUNNINGJjAM AT WILLIAM HEZMALHALCH ARCHITECTS, INC. (949) 250-0607. WilHam HeZmalhalch Architects, Inc. @ 2004 b ~ EXHlerr REVISIONS: Revision No. Date 1 W3W04 2850 Redhill Avenue Suite 200 Santa Ana CA 92705 5543 Tel 9492500607 Fax 9492501529 3875HopyardR ~ Tel '1254631'fAD!<_~~~ LAKE ELSINORE WAVE RUNUP STUDY May 10, 2004 Prepared For: D.R. HORTON LOS ANGELES HOLDING CO. Submitted By: WEST . ~ WEST CONSUL T ANTS, INC. ,. 16870 W. Bernardo Drive, Suite 340 San Diego, CA 92127-1671 CONSU lTANTS.INC, ."""", '" ~ AOENOAnat NO~. PAGE / fX._OII.JiJIJ;;. TABLE OF CONTENTS ~ APPEND ICE S . ....... ....... ........... ......... ...................... .................... .......... .... ...... ........ ........... ........... ii LIST 0 F TAB LES .......................................... ..... .............. ........................... ................................. ii LIST OF FI GURES ...................................................................................................................... ii 1. INTR 0 D U CTI ON ...................................................... ................................... .........................1 1.1. General........ ... .................. ............... .... ....... ......... .... ........... ........... ...... ...... ............ .... ......1 1.2. Background ........ .......... ............. ....... ..... .......... ........ ....... .... ........ ...... ..... ................ ..........1 1.3. Study Objectives ....................... ..... ........ ....... ...... ............ ............ ....... .......... ........... ........1 1.4. Acknowledgments ................................ ......... ...... ............ ............. .................. .................1 2. SIGNIFICANT WAVE ANALYSIS .....................................................................................2 2.1. Wind Analysis ............................. ........... ..... ........ ......... ........................... .................. .... ..2 2 " SI' -n'.c -~r.t n rave TTe1'gn' ~ 'l. ..t.. gl Ul,;ad vv n l .............. ................. .......... ............................... .... ..... ............. ...oJ 3. HYDRO D YNAMI C ANALYSIS ..........................................................................................5 4. WAVE RUNUP ANAL YSIS..................................................................................................6 /"" 5. CON CL U S ION .......... ....................................... ...... ........ ........ ........... .... ..... .............. .............. 6 6. REFEREN CES .... ....................~.............. ............... ........... ........ .......... .................. ............. .....7. . " /"" ACENDAITEMNO.:&~ .', ,,' PACE /07 Of . APPENDICES ...., Appendix A - HEC-RAS Cross Sections LIST OF TABLES Table I - Effective Fetch Calculation... .......... ..................... ...... ............ .................. ....... ...... ...........2 Table 2 - Attenuated Wave Stages at Sta. 6923.03 .................................~.......................................5 LIST OF FIGURES Figure 1. Lake Elsinore Figure 2. Lake Elsinore Fetch Lengths Figure 3. Wind Velocity Duration Curves Figure 4. Significant WaYe Periodic Profile (SWL == 1264.1 ft) Figure 5. HEC-RAS Cross Section Locations Figure 6. AttenuatedSignificant Wave Profile at the Prop~rty Location ......" . / ~ 11 AClEllDA IIEM NO. f PAGE 101; Of I:JJ/:. 1. INTRODUCTION ~ 1.1. GENERAL The following report documents the results of the Lake Elsinore significant wave height and wave runup analysis performed for the proposed Stadium Villas project located adjacent to the upstream end of ihe Lake Type Iniet Channei (Figure i). 1.2. BACKGROUND A revised flood insurance study (FIS) was performed for Lake Elsinore in 2003 to incorporate new detailed flood hazard information for the San Jacinto River within the City of Lake Elsinore (City). The 100-year lake level was reduced from 1267.0 feet to 1263.3 feet (NGVD 29) because of an improved outlet channel and a modified basin shape. Currently, the City uses the elevation of 1264.0 feet for floodplain management (IOO-year flood) and requires a maximum wave runup of 3 feet (in addition to I-foot freeboard over the 100-year elevation) for near-shore protection, which amounts to an elevation of 1268.0 feet. The City has stated that they will allow less than 3 feet for wave runup if a iower vaiue is computed by a detaiied wave runup sindy. D.K. Horton authorized WEST Consultants, Inc. (WEST) to conduct such a study in order to determine if a lower water surface elevation could be used. 1.3. STUDY OBJECTIVES ~ The study objectives focus on a detailed analysis of the Lake Elsinore wave and wind setup conditions as well as on the hydrodynamic analysis of wave attenuation within the Lake Type Inlet Channel that connects the San Jacinto River with the lake. The specific objectives are as follows: I) Obtain and process the available climatological (wind) records for the site and topographic data for the lake and inlet connection. 2) Determine the effective fetch for the lake, design wind velocity, wind setup, and significant wave parameters (height, period and wave length) at the mouth of the inlet channel. 3) Develop a fully dynamic wave propagation (HEC-RAS) model of the Lake Type Inlet Channel and propagate the significant wave from the mouth to the upstream end where the proposed project is located. 4) Determine the maximum water surface elevation rise of the attenuated wave and evaluate the wave runup at the location of the proposed project. ..' 1.4. ACKNOWLEDGMENTS Dr. Dragoslav Stefanovic was the Project Manager responsible for technical approach and analyses. Mr. Martin Teal, P.E. supervised the study and provided quality control. Mr. Kurt Baron assisted with data acquisition and developed the topographic model. Ms. Mary Dahlke provided clerical assistance. Mr. Dwight Oda of the California Air Resources Board supplied the wind data. ~ I AGENDA ITEM NO.&. ..;. '... PACE loq OF .. . 2. SIGNIFICANT WAVE ANALYSIS ~ The significant wave was first evaluated at the mouth of the inlet connector based upon available wind records for the site and,effective fetch. The characteristic wave profile was determined and used as the downstream boundary condition for the fully dynamic wave propagation model of the ;....10.t ,....~___o.........__ J..1.UVl. ",",UJ,ll1\..."",..VJ... 2.1. WIND ANALYSIS The wind data for Lake Elsinore were obtained from the u.s. EPA's Aerometric Information Retrieval System (AIRS) database in form of average hourly wind velocities and directions (azimuths) for the period from January 1994 through April 2003. The maximum observed hourly wind velocity in this record is 33 miles per hour (mph), with an average value of 2.5 mph. The design wind direction and effective fetch were determined according to procedures outlined in Soil Conservation Service Technical Release No. 69 (TR-69, 1983). The azimuth of the wind was multiplied by the appropriate wind velocity for each hour and the sum of the products was divided by the sum of the hourly wind velocities. The resulting wind direction (azimuth) is 204 degrees with respect to true north (shown by the red line in Figure 2). The effective lake fetch for the inlet channel mouth was estimated by Saville's (1954) method that accounts for the width-to-Iength ratio of the lake. Using a topographic map, seven radial lines at 6-degree intervals on each side of a central radial (design wind direction) were drawn (Figure 2) from the inlet channel mouth to the opposite shoreline. The length of each radial (Table 1) was multiplied by the. square ofth~ cosine of its angle with the central radial and th~ sum of the' products w~s divided by the sum of the cosines. The effective fetch is 1.21 miles. , ~ Table I - Effective Fetch Calculation aCt ;. F L(i ...... ,- Lc(js(~(ft) .,co~ 'c;t; '. " I;.fl.). 42 0.743 8596.91 4747.75 36 0.809 8225.55 5383.68 30 0.866 7881.79 5911.33 24 0.914 7513.07 6270.14 18 0.951 7244.54 6552.74 12 0.978 7161.55 6851.97 6 0.995 7208.69 7129.93 0 1.000 7304.18 7304.18 6 0.995 7611.53 7528.36 12 0.978 8040.53 7692.96 18 0.951 8052.26 7283'33 24 0.914 7977.83 6658.01 30 0.866 4739.42 3554.56 36 0.809 4094.49 2679.87 42 0.743 1512.47 835.28 L= 13.511 103164.81 86384.12 Effective Fetch = 86384.12/13.511= 6394 ft = 1.21 mi ..."., 2 ACENDAIlEM NO.~,. PAGE llb~OP~ ",.-- The design wind velocity and duration were determined next. The procedure is to obtain a value for wind velocity overland and then adjust it to represent the overwater conditions, The method used here is based on recommendations from TR-69. The wind velocity duration curve for the effective fetch (for generalized waves) was developed first and used in conjunction with the velocity duration curve for the wind observed at the site. The velocity duration curve for an effective fetch of L21 mi (the blue line in Figure 3) was constructed using Figure 2 in TR-69. The velocity duration curve for Lake Elsinore (the red line in Figure 3) was based on the observed I-hour maximum wind velocity of 33 mph'and the 1- minute maximum regional wind (fastest mile) of 55 mph estimated from Technical Bulletin No. 1 (U.S. Army Engineering Division, 1959). The above values (representing the overland wind velocities) were increased by 15 percent to characterize the overwater:conditions for a fetch of 1.21 mi (from Figure 7 in TR-69). The design overwater wind velocity of 52 mph was found at the intersection of the two velocity duration curves (Figure 3). 2.2. SIGNIFICANT WAVE HEIGHT The significant. Vlave height and period were determined for deep-',,':ater '''laves, \VhlCh are defined as waves having wave lengths less than or equal to twice the depth of water. The deep- water wave assumption was verified by subsequent calculation of the wave length. The design wave period T was estimated at 2.96 seconds according to the following equation (TR-69) ( F )0,28 -- !..- = 0.46 L (1) g U U2 where U = 76.3 ft/s (52 mph) is the design wave velocitY, Fe = 6394 ft (1.21 mi) is the effective fetch, and g is the gravitational constant. The significant wave height Hs (which is the average of the highest 1/3 waves in the spectrum) was estimated at 2.5 ft using the following equation (TR-69) g H s = 0.0026 ( gFe )0.47 (2) U2 U2 The deep-water wave length L was estimated at 45 ft from the following equation (TR-69) L=5.12T2 (3) The 100-year lake elevation used by the City for floodplain management is 1264.0 ft (NGVD 29), which gives a maximum tOO-year lake depth of 41 ft (lake bottom elevation is 1223 ft). Therefore, the estimated wave length of45 ft is less than twice th.e depth of water for the 100- . year event and the deep-water wave assumption is justified. The action of wind blowing toward the shore will pile up water and create an elevated water surface in the downwind direction. This elevated water surface is the still water level (SWL) on which the wave is superimposed. The following equation from TR-69 was used for estimating wind setup S as 0.1 ft -- 3 AClEMDAITEMNOoa'" " PAOE III Of ,'" ~. . .. U2F s= 1400 D (4) ......" where D = 41 ft is the water depth and F = 2.42 mi is the setup fetch, which can be considered equal to twice the effective fetch used for wave generation. Consequently, the still water level was evaluated at SWL = 1264.1 ft. The calculated significant wave parameters from Eqs, (1) and (2) were used to develop a periodic wave profile as the downstream boundary condition for the fully dynamic wave propagation model in the inlet channel. The simplest means of analyzing the wave motion, where the ratio of the wave height to water depth is small, is to use the small-amplitude solution to the wave equation from the Coastal Engineering Manual (CEM, U.S. Army Corps of Engineers 2003) H (21t1) T}= 2$ COS T (5) where T/ is the elevation of the water surface relative to SWL and t is time. Based on Eqn. (5), the significant wave perioqic profile with a maximum amplitude of 1265.4 ft is shown in Figure 4. . ......" ." ......" 4 AOENDAITEMNO.&... PAGE /j 2. Of ... . "'"" 3. HYDRODYNAMIC ANALYSIS . The wave attenuation in the Lake Type Inlet Channel (Figure 1) was determined using a fully dynamic wave propagation (unsteady HEC-RAS) model. The cross sections of the inlet channel (Figure 5) were taken from aerial topography (based on a 5-foot contour interval) obtained from the Riverside County Flood Control and Water Conservation District (cross sections are shown in Appendix A). The roughness coefficient was estimated at 0.025 in the channel and 0.030 in the overbanks, based on the field visit conducted by WEST personnel. The sinusoidal periodic wave shown in Figure 4 was specified as the downstream boundary condition (stage hydro graph) at Sta. 0.00 (Figure 5). It was assumed that the periodic wave profile persisted for two hours on the lake surface. The unsteady HEC-RAS model simulated the wave attenuation in the inlet channel for two hours, based on a computational time step of 10 seconds. A no-flow condition was asslimed at the upstream end of the model, while the initial stage was set at 1264.0 ft (lOO-year lake elevation) for all cross sections. Figure 6 shows the attenuated significant wave profile at the property location (Sta. 6923.03). The maximum wave amplitude at Sta. 6923.03 of 0.85 ft (stage of 1264.95 ft) occurs 7 minutes after the wave initiation at the downstream end of the inlet channel and does not show an increasing trend thereafter (Table 2). Table 2 - Attenuated Wave Stages at Sta. 6923.03 -. ;;firiieXtrifuj" P<Stage(ftj.. . Time (minX Sfuge(ft) > Time(min) . Sta~e(ftr I 1264.00 21 1263.66 41 1264.35 2 1264~00 22 1264.5 42 1263.61 3 1264.00 23 1264.25 43 1263.68 4 1264.00 24 1263.53 44 1264.41 5 1264.01 25 1263.93 45 1264.05 6 1264.27 26 1264.52 46 1263.45 7 . .... 126~\95 ... . 27 1264.01 47 1264.11 8 1264.84 28 1263.74 48 1264.54 9 1263.97 29 1264.61 49 1263.89 10 1263.81 30 1264.66 50 1263.73 II 1264.70 31 1263.9 51 1264.62 12 1264.59 32 1264.03 52 1264.55 13 1263.89 33 1264.79 53 1263.85 14 1264.22 34 1264.42 54 1264.23 15 1264.74 35 1263.77 55 1264.86 16 1264.17 36 1264.35 5p 1264.33 ]7 1263.53 37 1264.75 57 1263.78 18 1264.00 38 1264.07 58 1264.45 19 1264.25 39 1263.67 59 1264.66 20 1263.65 40 1264.35 60 1263.89 ,....... AGENDA I1CM NO_:&. PACE I/'? op .... . .. . 5 4. WAVE RUNUP ANALYSIS '-' Because the levee on the left bank of the inlet channel (Figure 5) is lower than the maximum predicted stage at the property location (the levee top is at elevation 1261.6 ft between Sta. 6923.03 and Sta. 5999.08 as shown in Appendix A), it would be overtopped. Therefore, wave runup due to wave breaking was accounted for in calculating the total runup (wind triggers wave breaking on sloping surfaces). The wave breaking runup R of 0.15 ft was calculated by the following equation (CEM, U.S. Army Corps of Engineers 2003) R = l.6E;Hs (6) where Hs = 1.9 ft is the attenuated significant wave height and E; = 0.056 is the surf-similarity parameter (CEM 2003, Eq. VI-5-2) that depends on the wave height, length, and the terrain slope. The total runup above the 100-year lake elevation (1264.0 ft) was estimated at li ft as the sum of t}l.p_ m.....~y.m.Tn.Hrn.. ..~ttenu..~t.ed ".'a'.'e amn1,tuA.. ((\ Q, A\ ",;nrl sotn>" '010 A\ anrl tlh"" "'av"" - - _. - - __ Y - .I....pa.... '-'-'" \ v.v-r "I.), n .LU.U ........UP \ ...I. .....J, u.u .Iv 1'1' '"' breaking runup (0.15 ft). 5. CONCLUSION WEST conducted the Lake Elsinore significant wave height and wave runup analysis for the proposed Stadium Villas project located adjacent to the upstream end of the Lake Type Inlet Channel. The analysis was based on the 106~year flood elevation of Lake Elsinore, the available climatological (wind) data, and hydraulic conditions of the Lake Type Inlet ChanneL The following results were obtained: '-' 100-year elevation of Lake Elsinore Wind setup Wave amplitude at site Wave runup at site Maximum water surface elevation at site 1264.00 ft 0.1 0 ft 0.85 ft 0.15 ft 1265.10 ft It should be noted that the maximum water surface elevation -obtained in this study was based on assumptions that result in a conservatively high estimate. The 100-year lake elevation was used in conjunction with the maximum wind velocity (these two events are not likely to occur simultaneously), the roughness coefficient in the Lake Type InletChannel was selected not to cause overdamping of the attenuated wave, and wave breaking against the shore was included in the analysis. -...; 6 ACENOArrEMNq.~..... PACE / IIf -~...JiI/ii.. "..... 6. REFERENCES Saville, Thorndike, Jr., "The Effects of Fetch Width on Wave Generation," TecMical Memorandum No. 70, Beach Erosion Board, Corps of Engineers, U.S. Department of the Army, 1954. U.S. Army Corps of Engineers, "Coastal Engineering Manual (CEM), EM 1110-2-1100," Waterway Experiment Station, Vicksburg, MS, Apri12003. U.S. Army Corps of Engineers, "HEC-RAS, River Analysis System, Hydraulic Reference Manual, Version 3.0, "Hydrologic Engineering Center, January 2001. U.S. Army Engineering Division, "Technical Bulletin No.1, Concepts for Surface Wind Analysis and Record Velocities (CW-178)," Omaha, Nebraska, March 1959. U.S. Soil Conservation Service, "Riprap for Slope Protection Against Wave Action, Technical Release No. 69 (TR-69)," Washington, D.C., February 1983. ~ .' "..-... 7 AcENDAfTEMNO.~..... ". PACE liS OP '. . ". ....., l!) I-< o ~ -- m ii3 l!) ~ ~ '..J ~ l!) I-< 6h i.L: ':'wfIII' ACENOA ITEM NO.~..... PAGE //& _o..::JiJJi:. ~ ~ ~ en ..t:: ..... bl) t:: v ......:l ..t:: u ..... v l.I.. v !-. o t:: .- en ~ v ~ ......:l en t s::: Q) ....:l lb o .... Q) ~ ~ z.~ . ACENOAmMNO.~ PAGE i / ,_o,...JiJIJ,;. 0 ! It> ..- i ~ i I I i -E ..- <'! "0 ..- c '0 0 -~ :Y N ~ ..- ~ oS! "0 (Q Q) ..... c: .e 31 "0 .0 .~ 0 ~ I I tn <I) 0 (; 0> ::s U - ~ C 0 E .- tiS - ~ c --0 0 ;:: ~ e -- .- :::J 0 C 0 - <I) ~ >- 0 ] <.0 .- ~ ~ <I) 1-4 6b .- ~ o M I I i I I ." I I I I I I i 0 0 ~ 0 0 0 2 0 0 0 0 0 0 <0 r- <.0 'o:t M N ...- ..- (tJdw) J;:qeMJa^o ~l!~la^ PU!M ~ AC8lDAmMNO.~_._. PACE 111_o.~ ~ a co g - ..-... ~ ..... a ~ .q- 1.0 N ..... II ......:l ~ en '-" Cl) -W ....... - t+== g CI) 0 I-< E p... ------- --- '....-- 0- ,,--.. t- .- "CI 0 .- I-< Cl) p... Cl) --- ~ ~ ~ ~ (.) t+== .- 51 .... en ~ Cl) I-< a 6'n .- 'r" ~ ir- a lO a lO a lO a lO to to ~ "$ ~ ('t) N <0 <0 <0 co N N N N N ....- 'r" 'r" ....- 'r" 'r" ....- (U) 3SM ,,--.. AGENDA rreM NO.~_ _- PAGE 1/9 _OP-iiJ/;L. en c o :;::. Ctl U o -' c o LDts Q) Q) .....U) :J. 0) en ._ en LLO ..... o U) g; 't- ~ ;;; ro ~3: al-g u'" 'p~ ~ a. c 0 >-8 > ILtit.o.i o b.'!!. to Q) 0 ! g ~ ~ PAGE I en,.. C\ ("< fA ....., ,...." /. U {' z ~f;; ;#1'" ... ,!~t 1: \~~ V ., OJ u.. o o L" ~ ".-.... "VI"' c: D> & .'! ~ If) o o N o '" .... o ~ 0 0 .- M ...... 0 ~ (.) 0 ~ >> <') ~ q Q) <') 0.; N m 0 co I-< Uj '" P-. Ir Q) 0 ..s::1 Iii ...... c ~ III 0 Q) .i:: --' t;::: 0 0 III '2 Gl I-< Ir .....E P-. ~ 0'-' Q) 0 00", ~ C O~E ...... co-- '0 0...,1- ~ III 0 -, c ...... III a- en t: (.) Gl t;::: > .- ir ~ bI) .- Gl '" (/) > .... III 0 -d ~ 0 Q) c ~ III E n: Q) t:: ~ 0 \.0 M Q) 0 I-< 0 6h .- ~ " '" o o 0 0 (X) U> .... N 0 <0 <D ~~ ~ ~ ~ ~ ~ ,.; ,.; M <D U> <D <D <D <D <D <D N ~ N N N N N N {Ill i""6e\s ".-.... f AOENDAI1adNO.~ PACE. I;LI_OP~ -...,;. Appe.n~dixr\ . - REG-HAS Cross Sections -...,; " "'!' AClENIlA ITeM NO......&-.. . PACE. ../ :1il".f.~ ,.-... >- 1:: Gl a. o QjQ. EO .~ <II -g >..D.CD ro ~~ c~o <( ... Q)....J<o iUE~ ~~<D C)<o 1/ lJ) n: -- >- 1:: Gl a. 2 Gi CL EO .!!! fI) "0 (/) D. c >.. >. Gl rol-~ C<II:J <(~ Q)....JM ~E:;j ~gs: C)eo II lJ) n: ,.-... 1"0 C o Cl Gl ..J lJ)11 3"0 2 X c :t:: lJ) '" g (!) 9.><: ~ ~ ..= c (/) C) '" 3 m ..1111111 111111 f I' l-,..I-...~I-f ~I....,j~[l"'~; ---:o:L1. I~~~ ~t_1 II II 'III I ri-il~11 ..-lllliii I....~.......+ -I ~14 +- ....,.. 'lit It II .111 1I1I ,...... t' '" [' '" ...1-!..... ;-1-1-1- 1........, II f f JIll 11;; ii";-i I'-j-j II il Ii i ..;.1-1-4' ;.....;-1... '.......1 , III "11 '" I 11,1 '-Ii I .1;-. <'l o l to N ~ to r- N Cl r- N ~ to <0 N ~ Cl eo N ~ to to N ..- o to N ..- to ~ N ..- (IJ) UO!leM1t3 "C C .. OJ CD ..J (/)11 3"C 2 xc::::: (j) ~. e ~.~ (/) C) <1l 3 m M ~ r to N ~ .I. .j M ~ ~ . , to ~ N to r- N ..- Cl r- N to lD N Cl <D N ..- lO to N Cl to N ..- (y) UO!J.e^~13 o o lO N Cl Cl Cl N o Cl to Cl Cl ~ N ..- o o '<t N ..- g c .2 as Ui G) c lJ) .00 8. ~ Z. 1->- -i ro r- CGlN <(~lO Q) ..J II > (/) mEn: ~ g C) o o lO N Cl o o N o o lO lJ) .00 8. ~ >..>-. rol-~ C<DOl <(~lO Q)-lu ~E~ S g C) o o o ..- g c .2 as en o o at) u C <D Cl Gl ....J lJ) I! I ~."OI 2 x C!:t= (/) <II g"'ll CIl.-,,< I ~51E :ii I 3 ! C!I 1 M ~ 1111 i-'-I' 1_'-4 -I I III ,-.-,1 1_1-1"': 1III I' t I I-l.J "" 1.11 C.-,1 I_I..JJ lilt Ct-I' I" I r '-'-I 1-1-1_' I I" r ,-.-. L. &-1_' I t I I 11.1 L. 4-'_1 III' ,.-,-, L.l-I-I II' .. L 1-1-1 I III t I II 1- l-o_' I I ,. f .-,-, L '-I_I r !-!-! r lO N ~ I J 'I' M ~ -I. 0 <1> N I III II I I .-,-., r ;-.-. '_I"".J LLf_f Ill' lit I ,-.-.. rr.-I i_I"".J t L LI_. Ill' f f f t '_1"" ..1 . .11 c.-., 1_'J.l I' t I .-.,., Cl <0 N ..- o r- N ~ C> <D N ~ o lO N ..- , C> '<t N ..- (y) UO!le^~13 -0 C II) Cl <D ..J lJ) 3 x <1l :2E lJ) 3 .Ill~ .~ ,~;- ~ '-'I m 0 0 , , , , , , , , 10 . . 4 . N I , , , , , , , 4 . . . 4 ......... " , I I , I , I' -. -; -, . -, -, 0 0 , , , , , , , , 0 -. -; -. -; -. -,.-, -, N . , . , , , , I -; -; -; -, -, -, -, , , , , , , . , 0 0 I , , , I , , , ltl 4-< -<-' , I , , II -,-I 4 -' -'4 , I . , -. -, -, -. 0 0 0 G) c +......... l' I I III I .... +....... M o fl' I f'tl I-L.'-L. I I . I rfll L.~LI- I I , I t I I I L-L.L.L- . I I I II1I L-Lt...L. I I I I tIff' 1 It. I liff LLLL- ~ , t I rrrr lO N ~ 0 0 ....!.JJ-' lO , I . , (") I'" ~ J.J.JJ , , , I "-,, 0 0 C> 0 b C> 0 co r- ID to ~ ..., N N N N N N ..- (y) uO!J.e^~J3 o o O. N o o ltl g C .2 as Ui o o o ~ o o ..., N ..- g C .Q as Ui AGENDA ITEM NO. :21 PAGE / 2~ aiJilf iii I/)E Ow ~;!: 2' 1->- u> ro M CCDM <(i:j <1> ...J II > eOo en ro 0:: ~ g C) iii c 1/)- Ow ~ ~ 2' 1->- u> ro ...,. C:a>O <(i:jM <1> ...J " iU e ~ ~ g C) en l-g ?; -0 ro X c en II) '" :J ex jl ~ ~ c en C) OJ ~ m I , I I I I I I I ., I J I j ....~I-~ l-i-+~ "+"'~1'" ~'-I_!-r~~~~1 ~.!.~!j~ I I I I J I tit I I I ill ... I- I- I- I- I- .. "" ~ 4- .. ~ ..J ..a. I I I I I' ~ I I It' . III r M q f , I t .rrf" 11 I t 11- r r 1 0/) N o ' ]1- ~ ~ ~ ~ r r r r LLLL '.' I I I * ooW:-r I o to N .... b t- N o co N .... o <0 N (>>) UO!l eAaj 3 ~ \l.~ C) ~ 11 It 1. .!. 1. ! I I I I : I , I .! !..!..! I I I I .1 J J .J I I I I .J..J..J .J I I I I ... ... ~ -I I I 11 M q I I I I I I I t L L L L I I I t L-L-LL. I I I I I-I-I-*'" I I I I to- t- r t" 11 I I T an N o I , o 0) N ~ o t- N (y) UOneAaj3 I I . I "T .,. ,. I t I I 1 "1 , , I I I l 111 i If'l 11" I I I If I I I I J J .J J I I I I J....! J..J . . ~ ~ . . I .. ~~ I I II o . i ,!'"'""Ig ~. ~..-< t N It t I -It I , I I. -1-1-1.... I I I . ... ,-" I 1.1 I f -III -I....!-I-I I I . I .111 ........-1-1 1'1 I . I : 1 ..J-f.....J I I I 1 "1 t -'-1 J..J...J-J I lIt II -sol t I I I J J _I.) I I I I J J _'_' I' , I J...JJJ I I I J -'-1.....-1 t 1'1 I I I I ".,., , , I I ,,""), I I I I II t-, I J t I ,-.-, -, I I I . . I I I JJJJ f I I . .JJJ....' I I 1 I ........-f-l I I I , "1""'1,..... l-'-'..!..!t tIt I ..!.J ..1_1 I I I I i : I ; ! I C> o 0 V M N N o o o N 0 0 III is .... c oS! iii . C> (;) 0 0 ~ 0 0 <0 o o o N o o an .... o o o .... C) o <0 q; C lIJ Ow lU >.0.0 m,::-q ClUO <(i:j" 4)..Jen >. 0:: CO g 5: lU C) is c .Q iii en q; C lIJ Ow 8. 0 .?:- >. q rol-N Ca>M <(~'; 4)..Jen iUeo:: 5:g C> -0 C CDI 011 EI en/ ; ~"Ol 2 x c1:::: en m 5-4cD..x: ~ .... 1= ~ enC>i (l)" ?; I I C') q I o t- N -0 C CD 01 CD ...J (/)\ ?;.-o ~ x c en ~ e.~ (f) C> <0 ?; CO 1 I II I I I_I_'.J. I I I I '_'_' .1 I I I I I_I.J .J I t I I I_I..... ...: I I 11 M q I; II .111 . I 11 '-II' I ~ f I ,-.-: 1 II I' I-I-II I I I 11 t tit 1_IJ.l I'll LI...J.J ! I I I 1-1-1 ... It i I 1-1-1"'1 I! ,. I ~" I o I11I 10 :~: ~ ~ t I I t I '-'-' -'1 ,I I J I_I_I..! . '~9' ~ : : 6 0 0> co N N ~ ....." o o ~ _:_ ~ ~ 1 ~ ~ _1_1_.:1 I J I I I I I I I I I . f , I I -I - l- ... ~ - - .... "'"' -1-1- t .... -1- i- .... t 1 It' I I 'I I I t I -,-,-,-.--.:;-,-.- '-1-,-,0 o 1_ t_ ~ .! _ _ ~ ! _'_1_ ~ _I _ ,_ !. ! ~ : I I I I I I I I I 1 .L..... - ,- I- ... ....-1- t'" -1- I- ... !. I t 1 I 1 1 I t 1 - - r I -1-1- .. -1- ,- T '--~~~-:- ~-:-~~ g I I 'I . I I I to ..J _1_ L J. ...- ~ -:- ~ ~ I .J _,_ L'" . I , I "'-'-1-' 0 o o ~ c .Q 10 en o o to o <D N o to N ~ o v N ..- o o M N ..- (ij) UOne^al3 """'" t II I L'_I_I 1 I I 1 , , III 11 L 1_ _IJ!!' t 'II I II I '_1_' J !... '_1_' 1 'I I 11'1 I_I_IJ LLI_I III f f I II I_I.J..J 7 L LI_I I , , I t I I 1 I '_I-I~ $- 1-'_1 I II' 'III o o o N , . , 0 0 to ..- g 0 c 0 0 .Q ..- iii U) 0 0 to I I 1 I r a-t-t I I I t r '-1-1 I I. I r 1-'-1 I I.; 11-1-1 I I 1 I I III L LI_I 1'1 I L LI_1 III' .. 1-'-1 III I r- rl-I If.' I , . C"I-' . " 1-.-' 1_1_' .. I CI_I .. , C> t- N o 0 <D to N N o v N ~ (y) UO!)e^<313 ~ ACENDAITEMNO.~... . PACEo JJ4 _OP~ ~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR & CITY COUNCIL FROM: DICK W ATENP AUGH, CITY MANAGER DATE: September 28, 2004 SUBJECT: PUBLIC SAFETY ADVISORY COMMISSION RESIGNATION AND APPOINTMENT BACKGROUND Mr. Raymond Moon, Councilman Magee's appointee to the Public Safety Advisory Commission has submitted his resignation, effective immediately (copy attached). Mr. Magee has recommended that pursuant to past discussions during the interview process for the Planning Commission, Mr. Bill Arnold, III, be appointed to fill this vacancy. Attached for your review is Mr. Arnold's application, the memo regarding recommendations for Planning Commission and the City Council Minutes of June 22, 2004, recommending that Mr. Arnold be appointed to a future committee vacancy. ~ FISCAL IMP ACT None. RECOMMENDATION Accept Resignation of Commissioner Moon and confirm the appointment of Mr. Bill Arnold, III. PREPARED BY: i.JL. LJ VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR APPROVED FOR '--M/J /J d ~ AGENDA LISTING: III IiA ~ i"MdJI c{!TY MANAGER'S OFFICE ~ :)\ AfI.iH)A ITEM NO. - - '"', PAGE---L OF S' Raymond Moon 32410 Beechwood Lane Lake Elsinore, CA. 92530 """"'" Bob Magee Lake Elsinore City Council Sept. IS, 2004 Esteemed Councilman Magee, Since my appointment by you to the Lake Elsinore Commission on Public Safety, I have learned quite a bit about how our city has changed over the last few years for the better. Many of these changes have come about by the dialogs that you have initiated, and for that I applaud you. I have also seen an increase in my work, church, and school study load. For these reasons, I must offer the -resignation of my commission to the Public Safety Commission. It is with a heavy heart that I resign my commission, knowing that you had full faith in my ability to serve. Your faith is not misplaced, and I will continue to serve in any capacity that is in my power to do so. I offer my apologies to my fellow Commissioners, the City Manager, and our Chief of Police for my failure to fully execute my duties as a commissioner, and ask for their understanding in my reasoning. """"'" I hope for the continued success of this commission. """"'" AQENDA ITEM NO. 3 \ "" .PAGE d.. OF S- - CITY OF LAKE ELSINORE MEMORANDUM TO: Mayor Buckley FROM: Mayor Pro Tern Kelley & Councilman Magee DATE: June 10,2004 SUBJECT: Planning Commission Recommendations As requested, we have now reviewed the six applications for Planning Commission and conducted interviews on June 9, 2004. The candidates were all excellent and this was a very difficult decision, however we would submit the following names for appointment to the three seats: - Harvey Ryan Michael O'Neal Tylisha Larimer In the event, a vacancy is created on the Redevelopment Agency Committee by the appointment of Mr. Ryan to the Planning Commission, we would recommend that Mr. Bill Arnold be appointed to that seat. If you have any questions, please contact us. cc: City Council City Manager - AQENDA ITEM NO.2L- '" PAGE ?:> OF c 1) MINUTES ......." REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 22, 2004 ****************************************************************** BUSINESS ITEMS 35. Applications for Planning Commission. (F:60.2) Mayor Buckley noted that there were three seats coming available on the Planning Commission and deferred to Councilmembers Kelley and Magee to explain the review process. Mayor Pro Tern Kelley advised that she and Councilman Magee had been appointed to a sub-committee to interview for the Commission. She indicated that they interviewed six applicants who were very worthy and they were impressed with all of them. She advised that they were bringing back the suggestion of three people with the caveat that the fourth person should be appointed to the next vacancy on a Committee. She introduced the recommended applicants to the Council, including Harvey Ryan, the current Chairman of the RDA Task Force; Michael O'Neal who was already serving in a temporary appointed position on the Commission; and Tylisha Larimer, who was a new member of the community that captivated them with her personality and positive enthusiasm. She noted that Bill Arnold, was the gentleman they would like to see appointed to the first available Committee vacancy. ......." Councilman Magee commented that this had been ~ difficult process, and noted that part of the criteria was if the applicants were interested in serving in other capacities in the community. He noted that the positions were actually appointed by the Mayor and ratified by the Council; so he and Mayor Pro Tern Kelley did the interviews and made recommendations. He stressed that it was ultimately the decision of the Mayor, ratified by the Council. ......." AQENDA ITEM NO. 3 \ " u -- , PAGE l OF S ~ Councilman Schiffner noted that the same process had been followed in the past, and he was happy to see Mr. Magee as a new member of the Council and Mrs. Kelley, as a longer term member participating on the sub- committee. He indicated that he thought it was a good choice of committee members. He expressed support for the recommendations. Mayor Pro Tern Kelley added that these three names would provide a nice balance of personalities for the Commission. Mayor Buckley inquired if there should be discussion of the individual applicants. Mayor Pro Tern Kelley commented that she thought that was the interview process that had been completed. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO APPOINT HARVEY RYAN, MICHAEL O'NEAL AND TYLISHA LARIMER TO THE PLANNING COMMISSION VACANCIES FOR TERMS CONTINUING TO JUNE, 2008; AND RECOMMEND BILL ARNOLD FOR APPOINTMENT TO A FUTURE COMMITTEE VACANCY. ,-.... Mayor Buckley commented that he was very comfortable with all three recommendations; and stressed that Mr. Arnold would be serving the community very soon. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Mayor Buckley congratulated the newly appointed Planning Commissioners. ~ 3\ AGENDA ITEM NO. s-"' PAGE 5' OF ~ CITY OF LAKE ELSINORE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY BOARD TO: MAYOR AND CITY COUNCIL CAHIRMAN AND AGENCY BOARD FROM: BARBARA ZEID LEIBOLD, CITY ATTORNEY DATE: SEPTEMBER 28, 2004 SUBJECT: BIENNIAL REVIEW OF THE CONFLICT OF INTEREST CODE FOR THE CITY OF LAKE ELSINORE AND THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE BACKGROUND Pursuant to the requirements of the Political Reform Act, California Government Code Section 81000, et seq., every local government agency is required to review its conflict of interest code biennially, in even numbered years, to determine if the code is accurate or, alternatively, that the -. code must be amended. Once the determination has been made, the City Council, as the code reviewing body of the City and the Redevelopment Agency, must be notified that either an amendment to the Conflict of Interest Code is required or that no amendment is necessary. If changes to the Conflict ofInterest Code are required, the revised Code must be forwarded to the City Council for approval. No amendments to the Conflict ofInterest Code are effective until they have been approved by the City Council. A notice is required to be filed on or before October I, 2004 with the California Fair Political Practices Commission indicating whether or not an amendment was required, and if an amendment was required, the nature of the amendment. The form of notice required to be filed is attached. DISCUSSION The City Council and the Redevelopment Agency have adopted the Model Conflict of Interest Code promulgated by the Fair Political Practices Commission and set forth in Title 2 of the California Code of Regulations Section 18730 as the Conflict ofInterest Code for the City and Agency. A copy ofthe model Conflict ofInterest Code is attached. The City's and the Agency's Conflict ofInterest Code is essentially "self up-dating" in that it automatically incorporates any changes to the model Code. However, the List of Designated Employees attached to the Conflict ofInterest Code as Appendix A needs to be reviewed every two years to determine if any revisions are necessary. City staff has undertaken this review and determined that two amendments to the City's Conflict ofInterest Code ,.--. AQENDA ITEM NO. "'-, PAGEl OF 32- \~ are required. The Lake Operations Manager needs to be changed to the Lake & Aquatic Resources Director under a separate department and the Parks & Open Space Manager needs to be added under the Community Services Department. Certain officials including City Council members, the City Treasurer, the City Manager and the City Attorney are subject to mandatory disclosure under Government Code Section 87200 and are therefore not listed on Appendix A. ...., FISCAL IMP ACT None. RECOMMENDATION That the City Council and Agency Board (i) acknowledge receipt ofthe notice that no amendments to the Conflict of Interest Code adopted by the City and Agency is required; and (ii) direct the City Clerk to file the 2004 Local Biennial Notice with the Fair Political Practices Commission on or before October 1, 2004 indicating that an amendment to the designated employee list is required. PREPARED AND APPROVED BY: Barbara Zeid Leibold, City Attorney APPROVED FOR LISTING BY: L1(p~j~,g~ 'Ci Manager's Office ......" '-will' AQENOA ITEM NO. 3 J- PAGE 'J- OF ~ ,........, 2 CCR 18730 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright @ 2004 by Barclays Law Publishers All rights reserved * THIS DOCUMENT IS CURRENT THROUGH REGISTER 2004, NO. 36, SEPTEMBER 3, 2004 * TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 2. DISCLOSURE 2 CCR 18730 (2004) 9 18730. Provisions of Conflict of Interest Codes ~ (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code section 87300 or the amendment of a conflict of interest code within the meaning of Government Code section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. sections 18100, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. (3) Section 3. Disclosure Categories. ,,-.... This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of A.ENDA ITEM NO. PAGE .3 s:L l S ~ OF this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to article 2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et seq. ....." In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Government Code section 87200; and (C) The filing officer is the same for both agencies.n1 Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. ...", The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.n2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 daY6 after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. ...", - 2 - 3:;2... AGENDA ITEM NO. 5 ow PAGEJOF_\-- ,.... (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. ,,--. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (6) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. ",..-.. Statements of economic interests shall be made on forms prescribed by the Fair - 3 - 32 AGENDA ITEM NO. PAGE 6_0F_ \ 5_ Political Practices Commission and supplied by the agency, and shall contain the following information: '-' (A) Investment and Real Property Disclosure. When an investment or an interest in real propertyn3 is required to be reported,n4 the statement shall contain the following: 1. A statement of the nature of the investment or interest; 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property exceeds two thousand dollars ($ 2,000), exceeds ten thousand dollars ($ 10,000), exceeds one hundred thousand dollars ($ 100,000), or exceeds one million dollars ($ 1,000,000). (B) Personal Income Disclosure. When personal income is required to be reported,n5 the statement shall contain: 1. The name and address of each source of income aggregating five hundred dollars ($ 500) or more in value, or fifty dollars ($ 50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2. A statement whether the aggregate value of income from each source, or in the ~ case of a loan, the highest amount owed to each source, was one thousand dollars ($ 1,000) or less, greater than one thousand dollars ($ 1,000), greater than ten thousand dollars ($ 10,000), or greater than one hundred thousand dollars ($ 100,000); 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,n6 the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($ 10,000). ~ - 4 - AGENDA ITEM NO. PAGE-L- OF 32 ,:; .. ,,-... (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. . (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this section. ~ This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $ 340. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $ 340 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (f), and (g) of Government Code section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she v"acates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. .,,-.. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which - 5 - 3:2- AGENDA ITEM NO. PAGE 7 OFl S" the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. .~ (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following: ......" 1. Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($ 500) at any given time. 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($ 500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans: - 6 - ......" 32. AGENDA HEM NO. \ S ~ PAGE 'i OF - ~ 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: ~ a. The date the loan was made. b. The date the last payment of one hundred dollars ($ 100) or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars ($ 250) during the previous 12 months. (B) This section shall not apply to the following types of loans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately ~ discharged in bankruptcy. - 7 - AGENDA ITEM NO. 3 2, PAGE-1..0F~ (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. ....., (9) Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth two thousand dollars ($ 2,000) or more; (8) Any real property in which the designated employee has a direct or indirect interest worth two thousand dollars ($ 2,000) or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating five hundored dollars ($ 500) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $ 340 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. ....., (9.3) Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value ....., - 8 - AQENDA ITEM NO. 3 2 ... . PAGE~_OFJ '5 ~ one thousand dollars ($ 1,000) or more. (10) Section 10. Disclosure of Disqualifying Interest. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code section 83114 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code sections 81000-91015. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code section 91003. ~ nlDesignated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code section 81004. n2 See Government Code section 81010 and 1 Cal. Code of Regs. section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. n3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. n4 Investments and interests in real property which have a fair market value of less than $ 2,000 are not investments and interests in real proper;ty within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. ~ n5A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for - 9 - 3~ AGENDA ITEM NO. PAGE.JJ- OF _J 5 - - expenses received from a state, local or federal government agency. n6Income of a business entity is reportable if the direct, indirect or beneficial interest ......." of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. AUTHORITY: Note: Authority cited: Section 83112. Government Code. Reference: Sections 87103(e). 87300-87302. 89501. 89502 and 89503. Government Code. HISTORY: 1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14). Certificate of Compliance included. 2. Editorial correction (Register 80, No. 29). 3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No.2). 4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No.5). 5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46). ....., 6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16). 7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46). 8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28-90; operative 9-27-90 (Reg. 90, No. 42). 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32). 10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No.6). 11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93. 12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No.1). ....., - 10 - AQENDA ITEM NO._ :t~_ "'-, PAGE J).... OF--12- ,......... 13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17). 14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11). 15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13). 16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23- 96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43). 17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35). 19. Editorial correction of subsection (a) (Register 98, No. 47). -.. 20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20). 21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1-2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2. California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49). 22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1- 2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, non published decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No.2). 23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)- (C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative p,rocedure Act rulemaking requirements) (Register 2001, No.7). 24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1- 2003. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only ,,-... subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No.3). - 11 - AGENDA ITEM NO. '3 ~ " PAGE..ll OF \- 25. Editorial correction of 24 (Register 2003, No. 12). ......", 26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33). ......", ......", - 12 - ~~ AQENDA ITEM NO. - r (- PAGE.J..jOF~ ~ APPENDIX A - DESIGNATED EMPLOYEES City Manae:er's Office Assistant City Manager Information/Communications Manager City Clerk's Office City Clerk Deputy City Clerk Administrative Services Department Finance Manager Community Development Department Community Development Director Building and Safety Manager Planning Manager Senior Planner Assistant Planner Planning Technician Building Inspectors ~ City Engineer Public Works Inspectors Community Services Department Community Services Director Recreation and Tourism Manager Public Works Manager Parks & Open Space Manager Human Resources Department Human Resources Director Lake & Aquatic Resources Department Lake & Aquatic Resources Director Consultants Consultants as defined in Title 2 California Code of Regulations Section 18700(a)(2) **Note: All positions file in Disclosure Categories A through E ~ 32 AQENOA ITEM NO. c; PAGE l ~OF~