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HomeMy WebLinkAbout10/12/2004 CC Reports C. D. CON (AUm, Council item.) 1. . Minutes a. b. c. 2. 3. .' '- ,::-,"._> REcoMMENDAnON:~'. 4. 32. 33. 34. 35. 36. 37. {;;;1' /'"'" WHEREAS, two hundred and seventeen years ago, delegates to the Constitutional Convention in Philadelphia signed one of the most enduring documents in history; the Constitution of the United States; and WHEREAS, our Constitution is the foundation of our liberty and has guaranteed the rights of our people through a history of tremendous change and progress; and WHEREAS, during Constitution Week, our Nation reflects on the /'"'" significance of our Constitution and gives thanks for the blessings of liberty that this document helps secure; and WHEREAS, in remembrance of the signing of the Constitution and in recognition of the Americans who strive to uphold the duties and responsibilities of citizenship, the Congress, by joint resolution of February 29, 1952 designated September 1 ih as "Citizenship Day," and by joint resolution of August 2, 1956, requested that the President proclaim the week beginning September 17 and ending September 23 of each year as "Constitution Week". WHEREAS, the Mayor and the City Council of the City of Lake Elsinore, hereby proclaim September 17, 2004, as Citizenship Day, and September 17 through September 23; 2004, as Constitution Week. THOMAS BUCKLEY, MAYOR "" ACENDA ITEM NO. PAGE I II OF/ . ~ MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 14,2004 ************************************************************* 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, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/ Communications Manager Dennis, Engineering Manager Semaulo, Public Works Manager Payne, Recreation/Tourism Manager Fazzio, Parks & Open Space Manager Fazzio, Building & Safety Manager Chipman, City Treasurer Weber, and Deputy City Clerk Ray. DISCUSSION ITEMS Mayor Buckley commented on the presentations and suggested that all Council members accept the plaque together. "........ A8ENOA ITEM NO. \ · 0.... '" PAGE--LOF~ PAGE TWO - STUDY SESSION MINUTES - SEPTEMBER 14, 2004 """ PUBLIC COMMENTS Bill Titto commented on the minutes. He inquired if the minutes were going to be published for the Study Sessions. Mayor Buckley indicated that the Study Session Minutes were publicized. CONSENT CALENDAR 1. Minutes. Mayor Buckley indicated that on Item 1 c page 24 of 99, second paragraph 16th line "assumptions" were self referential. Page 25 of 99, nine lines up from the bottom of the page "he concurred that 80% of the fees should go to the facilities in the project" suggested a wording change to."80% of the fees should go to facilities related to the project"; and there was a typo on the third line "lose money" not "loose money"; and page 94 of99, second paragraph third line, he deferred to Councilman Magee. Councilman Magee """ commented that he indicated to Deputy City Clerk Ray before the meeting that he had noticed several errors and typos in the Minutes and instructed the City Clerk's Office to reproof the Minutes and make the corrections. He indicated that one of the errors was that his name was misspelled. Mayor Buckley deferred to City Attorney Leibold for her comments. City Attorney Leibold indicated that she had a list of Minute corrections. Item lc - Page 27 of99 the Resolution regarding the General Plan Amendment should be 2004-51; and the Resolution certifying the EIR should be 2004-50; and page 28 of99 Mayor Pro Tern Kelley motion should reference Ordinance No. 1126, which was the ordinance that was adopted approving Amendment No. 6 to the Specific Plan; and commencing on page 35 of99 the findings should mirror the findings that were adopted in the resolutions, items 1 thru 4 were correct, but there were additional findings 5, 6, and 7 that were adopted as part of the resolution and should be included. She noted that she would provide those findings to the City Clerk. Mayor Buckley commented on Item 1 d; it should have read Vector Control Board not Abatement Board. ....., AGENDA ITEM NO. _\ · CA. ' ""'-. PAGE;;2 OF \ 0 ,-. PAGE THREE - STUDY SESSION MINUTES - SEPTEMBER 14,2004 Councilman Hickman indicated that on Item 1 f page 15 of 16 Chairman LaPere made comments on freedom of speech. He requested a response from Community Development Director Brady. Mr. Brady commented that there was a spirited debate amongst the Commissioners. 2. Warrant List: August 31,2004. Councilman Hickman requested clarification on various checks issued on the warrant list. Councilman Magee requested clarification on various checks issued on the warrant list. 3. Council Policy Revision - Moment of Silent Prayer. ~ Councilman Hickman inquired why Murrieta and Temecula were able to still have an Invocation. City Attorney Leibold indicated she did not know why they still had an Invocation, but based on current case law and the advice of the City Attorney's Office, the City Council for the City of Lake Elsinore would eliminate that from the meeting. Councilman Magee indicated that page 2 of 4 needed to be updated to reflect the time allotted for the City Treasurer comments. 4. Disposal of Surplus Equipment - Computers & Electronics. Mayor Buckley inquired if the City had to offer this equipment to other government agencies. Information/Communication Manager Dennis indicated that the policy made a distinction about scrap. He indicated that scrap was considered materials that were not useful to give to schools or for public biddings. 5. Fire Station 10 -Concrete Repair Work. ,-. AQENOA ITEM NO. \ ' v... . :."", PAGE 3 OF l_Q PAGE FOUR - STUDY SESSION MINUTES - SEPTEMBER 14,2004 ....." Councilman Magee commented that for the line item of cost under the removal of old concrete and disposal of old concrete there were no dollar amounts. City Manager Watenpaugh indicated that the Fire Department would do all of the removal and CR&R through staff efforts had agreed to haul and dispose of the debris for free. Public Works Manager Payne indicated that it was a savings of$5,000. 6. Professional Services Agreement for Noble Consultants, Inc. - Not to exceed $12,500 - Supplemental Engineering Report. Councilman Hickman inquired about the dollar amount paid for the last study that came back at $7.5 million. Lake & Aquatic Resources Director Kilroy indicated that it cost $12,500. Councilman Hickman inquired if it would be phased over 2 years or 1 year. Mr. Kilroy indicated that it would be phased over 2 years. 7. Juvenile Accountability Incentive Block Grant - Resolution No. 2004-59. ....." Councilman Hickman questioned the dollar cost for the City. City Manager W atenpaugh explained that the matching dollars were $717 in return for the $6,456. 8. Placement of Nuisance Abatement Hearing cost as Special Assessments on Property Tax Rolls - Resolution No. 2004-60. Councilman Magee questioned the charge of $427.92 for every piece of property. Community Development Director Brady explained that it was an administrative fee. 9. Amendment to the Agreement by and between the County of Riverside and the City of Lake Elsinore for Roadway Improvements on Corydon Street. Bill Titto inquired about the ranking for road improvements and where Corydon ranked on that study. Councilman Magee indicated that Corydon was not included on that study, because it needed major work and it was shared jointly with the County, therefore it went into a separate category. ....." AQENOA ITE~ NO.~ '"', PAGE-.!:LOF~ ,,-.. PAGE FIVE - STUDY SESSION MINUTES - SEPTEMBER 14, 2004 Mr. Titto mentioned Machado Street between Lincoln and Grand. Councilman Magee indicated that portion of Machado was listed as an unfunded capital improvement. City Manager Watenpaugh indicated that staff was currently in discussion with the County regarding the Machado Street improvements. 10. Legal Services Contract - Steve Filarsky. Bill Titto inquired who was responsible for funds given to the Attorneys. City Manager Watenpaugh indicated that if Council was to approve a Contract, City Attorney Leibold would submit a recommendation for them to do or review certain work and would be funded on an hourly basis of that rate. City Attorney Leibold requested clarification from Mr. Titto ifhe was inquiring about her services or the item on the agenda. Mr. Titto commented that he was referring to the item on the agenda. Mayor Buckley ,..-- clarified it was an hourly bill with no monthly retainer. City Attorney Leibold explained that it would be on an as-needed basis. Councilman Hickman requested that City Attorney Leibold give some background on Mr. Filarsky. City Attorney Leibold indicated that he was an attorney that her firm had retained in the past. She noted that his expertise was municipal and personnel. Councilman Hickman inquired if it was for the Councilor the management. City Attorney Leibold indicated that it was for the City. and the City Council were representatives of the City. PUBLIC HEARINGS None. BUSINESS ITEMS 31. Industrial Project No. 2004-02 - Vanderhoek Industrial Buildings. ,..--, Mayor Buckley commented on the drawing and thought they were good drawings. AQENOA ITEM NO. \. C\., , . " PAGE..5... OF.J.Q.. ""-'" PAGE SIX - STUDY SESSION MINUTES - SEPTEMBER 14,2004 Councilman Magee clarified that the street trees were to be placed 40' on center. Community Development Director Brady reiterated the standard was 40'. 32. Request for additional funding - Animal Friends of the Valleys. Anne Washington, Animal Friends of the Valley, commented that this was a request for increase of $400 per month on the service contract. Councilman Hickman inquired if they had requested an increase from Temecula. She indicated that Temecula was going to be $1,500 per month; and Murrieta went up $400 per month. 33. City Hall Remodel. City Manager Watenpaugh gave an overview of the item. He deferred to ""-'" Community Services Director Sapp. Mr. Sapp indicated that there were some concerns expressed by City Building & Safety Manager Chipman. He indicated that according to Mr. Chipman there would be some possible physical damage to the building if staff was to move forward with making the changes that were initially proposed to the City Council. Mr. Sapp indicated that the changes were to make an opening at the right corner of the building making it parallel to Main Street. He indicated that the building was an unreinforced masonry building; and there were fees included as part of the Service One service contract to do some engineering. He indicated that the more it was reviewed the feeling came to be that it was better not to go that route. He indicated that he had estimated the cost for cabinetry, hoping to save as much of the existing cabinetry as possible unfortunately staff was not able to save to much of it, a whole new office area for the cashier and engineering desk had to be built, and that cost was $12,000; and the change of offices between the City Clerk's Office and Community Services a door was moved and more cabinetry had to be manufactured. He also indicated that part of the funding being requested was to recarpet all of City Hall. ......,; AGENDA nEM NO. \ I Q I '" PAGE~OF.JQ.. ,.-... PAGE SEVEN - STUDY SESSION MINUTES - SEPTEMBER 14,2004 Councilman Magee indicated that he was supportive of the results in City Hall; but he was concerned about the time frame and money for this project. He indicated that many months ago the City Manager brought the drawing to him and the projected cost was $17,000 and the City Manager was looking for a way to cut out $f,OOO so the project did not need to be brought to Council. He noted that when the project was brought to Council the price was $30,000 and now staffwas requesting an additional $44,000. He noted the cost for the chairs and table in the Council's Office. He suggested pulling the item off the agenda; and continuing the item off calendar, to allow him time to discuss the request with staff. 34. Choice of Consultant - Benefits Audit. Councilman Magee referred to a memo that he and Mayor Buckley had prepared and distributed to the other Councilmembers. He indicated that .,.- Healey had covered the most bases. Mayor Pro Tern Kelley indicated that she did not see Council credit cards in the scope. Councilman Magee indicated that it was under the recommendation section, last line. He further indicated that their response could not have indicated that, because the RFP's had already been sent out, so the correction would be made in a letter that they send to the successful bidder. 35. Scheduling of Study Sessions. Mayor Buckley suggested October 7th for Conflict and Ethics, and October 21 st for Branding/Logo at 5 p.m. City Manager Watenpaugh noted that Youth Court was scheduled for October 7th and he was not sure how far in advance they needed to be notified. Mayor Buckley then suggested October 14th for Conflict and Ethics. 36. Rescheduling of September 28th Meeting. ,.-... Mayor Pro Tern Kelley questioned the rescheduling of the meeting due to the absence of one Councilmember. She indicated that Council meetings AGENDA ITEM NO. -1. 0... I "'PAGEJ OFJ- 0_ PAGE EIGHT - STUDY SESSION MINUTES - SEPTEMBER 14,2004 '-' have always remained on schedule with the absence of one Councilmember. Councilman Schiffuer inquired about the dates the Mayor would like to suggest. Mayor Buckley suggested September 23rd or October 5th. Councilman Magee indicated that the Mayor had expressed concerned a couple of times about repeatedly asking staff to place this item on the agenda, and yet it was not placed on the agenda. He indicated that he was concerned about canceling the meeting now, because there might be projects that could be negatively affected. He expressed his frustration that if this item was requested by the Mayor to be placed on the agenda earlier, there could have been other accommodations made for Comcast and/or the business community; but by waiting until now it would be squeezing everything. Mayor Pro Tern Kelley reiterated that usually the absence of one Councilmember did not prevent a scheduled Council Meeting. City Manager Watenpaugh indicated that he was not sure when the date was that the Mayor first asked about this. He indicated that there had never been a meeting cancelled when there was a quorum and business items, and apologized to the Council ifhe was in error. Councilman '-' Magee inquired about scheduled items for the September 28th meeting. City Manager Watenpaugh indicated that there were two items that had a 20 day lead time that had been noticed for CEQA requirements and one other business item that did not require the 20 day lead time. Councilman Schiffuer commented that he was opposed to canceling the date. City Treasurer Weber suggested doing a conference call. REDEVELOPMENT AGENCY CONSENT CALENDAR 1. Minutes. No comments 2. Warrant List - August 31, 2004. No comments. ......., AQENOA ITEM NO.-b ""-. PAGE 8' OF 1 0 '"' PAGE NINE - STUDY SESSION MINUTES - SEPTEMBER 14,2004 3. Rescheduling of September 28th meeting. No comments. 4. Industrial Project No. 2004-02 - Vanderhoek Industrial Buildings. No comments. PUBLIC HEARINGS None. BUSINESS ITEMS None. '"' ADJOURNMENT THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY SESSION WAS ADJOURNED AT 5:00 P.M. THOMAS BUCKLEY, MAYOR CITY OF LAKE ELSINORE DARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY ~ AQENDA 'TEM No.1. C\. . " PAGE~~F 1.0 PAGE TEN - STUDY SESSION MINUTES - SEPTEMBER 14,2004 Respectfully submitted, FREDERICK RAY, DEPUTY CITY CLERK ATTEST: VICKI KASAD, CMC, CITY CLERKI HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE AENDA ITEM NO. , ( 0.... .:.' PAGE.LQ...OFJ 0 ...",.; ....." "'-" "" MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY, SEPTEMBER 22, 2004 ****************************************************************** CALL TO ORDER The Special City Council Meeting was called to order by Mayor Buckley at 4:39 p.m. ROLL CALL PRESENT: BOARDMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY /""""', ABSENT: BOARDMEMBERS: NONE Also present were: Assistant City Manager Best, City Attorney Leibold and City Clerk/Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b)(3) (C) of Gov't Code Section 54956.9. (1 case). City Attorney Leibold announced the Closed Session discussion item as listed above. THE SPECIAL CITY COUNCIL MEETING WAS RECESSED AT 4:40 P.M. "" THE SPECIAL CITY COUNCIL MEETING RECONVENED AT 6:03 P.M. AQENOA ITEM NO. Jib, PAGE..l.. OF J Page Two - City Council Minutes - September 22, 2004 ....." CLOSED SESSION REPORT City Attorney Counsel Leibold reported that the above listed item was discussed with no reportable action. ADJOURNMENT THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED AT 6:04 P.M. THOMAS BUCKLEY, MAYOR CITY OF LAKE ELSINORE ~ ATTEST: VICKI KASAD, CMC, CITY CLERK HUMAN RESOURCES DIRECTOR REDEVELOPMENT AGENCY ~ AGENDA 'TEM NO. II b J PAGE-2-.0F ~ /""", MINUTES ;...,. REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 28, 2004 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pro Tern Kelley at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, KELLEY ~ ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: 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, 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 (2 Cases). City Attorney Leibold announced the Closed Session discussion as listed above, ~ noting that one of the above listed cases was no longer anticipated litigation, as a petition had been filed. AGENDA ITEM NO. \ ' c..... , PACE--L..-Of tV'D Page 1\vo - City Council Minutes - September 28, 2004 '-' THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:01 P.M. The Closed Session discussion was completed at 6: 10 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Pro Tern Kelley reconvened the Regular City Council Meeting in public session at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Administrative Services Director Pressey. INVOCATION - MOMENT OF SILENT PRAYER '-' Mayor Pro Tern Kelley led the audience in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Engineering Manager Seumalo, Information/Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Police Lt. Anderson, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. ......., AGENDA ITEM NO. \, L' PACE-2-OF 00 ,-.. Page Three - City Council Minutes - September 28, 2004 PRESENTATIONS/CEREMONIALS A. Proclamation - Eagle Scout Matthew Dobler. Mayor Pro Tern Kelley called Matthew Dobler forward for presentation, and noted that it was a pleasure to be able to present Eagle Scouts with Proclamations. She read and presented the Proclamation to Mr. Dobler and expressed appreciation for his contributions as an Eagle Scout and to the community as role models for youth. Mr. Dobler thanked the Council for this recognition and indicated that it was an honor to attend this meeting. He noted that a lot of energy and assistance were provided by a variety of people to assist them, and thanked them for their assistance. B. Proclamation - Eagle Scout Joshua Romero. "'"' Mayor Pro Tern Kelley called Joshua Romero forward for presentation, and noted that it was an even greater pleasure to present this recognition to one of her former 4th Grade students. She read and presented the Proclamation to Mr. Romero. Mr. Romero thanked the Council for this recognition. C. Proclamation - National Breast Cancer Awareness Month. Mayor Pro Tern Kelley called Rosa Olaiz forward for presentation. She read and presented the proclamation to Ms. Olaiz. Ms. Olaiz presented the Council with a Certification of Appreciation, and thanked the City Council for this recognition. She noted the upcoming volunteer recognition event on October 1 st with over 100 volunteers being recognized. Mayor Pro Tern Kelley noted her loss of a loved one to cancer and emphasized the importance of seeking all possible treatment. D. Presentation - Lake Elsinore Little League. ,,-.. , Mayor Pro Tern Kelley recognized Linda Shurluff and Tatiana Roach and invited them to the podium. Ms. Shurluff indicated that she was the new ,- AGENDA ITEM Nb. \ \ C. -""" -,.- --~: PAGE] OF (/;;Lu Page Four - City Council Minutes - September 28, 2004 "-'" president for Lake Elsinore Little League, a group of which she had been part of for eight and a half years. She presented the new logo and noted the City's contributions to that logo. She presented team jackets and caps to Teri Fazzio, Dave Sapp and Jon Fazzio for their assistance. She noted the success of last year's team and noted that they look forward to having a challenger division for severely handicapped kids. She further noted that she was working with Recreation and Tourism Manager Fazzio on possible grant funding. She thanked the City Council for their new snack bar facility, and introduced Tatiana Roach, the auxiliary mom working on the project. Ms. Roach commented that the snack bar would be started within 30 days, and completed within 90 days. She noted the location of the facility and indicated that they would love to have the public come and see the finished product. She indicated that they were still looking for sponsorships and detailed the various levels available. She advised that interested parties could call (951) 805-6460 for more information. She encouraged the public to come out and see them play. Community Services Director Sapp thanked the group on behalf of City staff, and noted that as a Little League parent he understood the sacrifices they made on behalf of their children. Mayor Pro Tern Kelley thanked them for their presentation. "-'" e. Presentation - League of California Cities Conference. Councilman Hickman highlighted the Annual Conference, with the theme United We Stand. He explained that the intent was to push hard for Proposition l.a., which required 51 % of either the Senate or the public to pass. He indicated that the second issue they pushed was Proposition 65 which requires a 2/3rds vote of the Senate to take City funds. He advised that he attended several classes and there was a great deal of discussion on the financial status of the State and the compromises that were made. He advised that he also attended a class on the future of government finance, and stressed that the State deficit was a big problem for the cities, but the pending Proposition should help. He commented that it was interesting to note that the special interest group opposed all fiscal reforms. He stressed the importance of a strategy for grant funds, and suggested having one "-'" AOENDA ITEM NO.~ PACE 4 'OF V; 0 ,,-.. Page Five - City Council Minutes - September 28, 2004 person to Write the grants. He noted that if there was an application for a grant, there was a program officer that could keep the City updated on the City's score and provide a copy of the winning grant. He commented on the quality of housing and affordable prices with manufactured homes; and commented that it was not possible to put up tracts of manufactured homes. He indicated that the benefit was for the City was in single City lots. He noted that he also attended sessions with the State officials running for office, the new officers for the League and the general session. He indicated that Councilmember Schiffner, Mayor Buckley and Planning Commissioners Uhlry and O'Neal also attended the Conference. He commented that the Conference was beneficial for everyone and noted that he carried the flag for the City. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE ,,-.. Lt. Col Paula Graver, 117 Poe Street, noted the Support Our Troops Rally group and thanked those who contributed to the gift packages. She thanked the community for the prayers for her son, and reminded the public that they were still having rallies every Saturday form 10 a.m. to 2 p.m. at Burger King. She commented that she had a new partner in the Support Our Troops Rallies, being Wanda Abbott, and encouraged prayers for her. She also thanked everyone that honks or waves at the weekly rallies. Pat Clary and Dori Dixon, representing the Rotary Club, announced the Second Annual Art and Wine festival, and noted that admission was free. They advised that the event would be held in the downtown City Park, with wine tasting by the glass or taste, with Vick Knight providing wine lessons. They also noted that there would be microbrewery products, food, and sodas. They indicated that there would be entertainment by Temescal Canyon High School Jazz Band and winners of a music competition, as well as the Ginger Jackson Band. They commented that there would be over 25 art vendors, and art contest and horseshoe contest. They detailed the event sponsors and invited everyone to attend on October 9th. ,,-.. Kathy Annol, representing the Unity in the Community parade committee, thanked the City Council for allowing them to hold the parade on November 20th. She ACENDA ITEM NO. PACE S \ 1(- OF toD Page Six - City Council Minutes - September 28, 2004 ~ advised that this year the theme was Celebrating Diversity and Tolerance in education. She further advised that the parade would follow the same route as last year, and looked forward to the City's entry in the parade. She thanked Community Services Director Sapp, Recreation/Tourism Manager Fazzio and Parks/Open Space Manager Fazzio for their assistance with the parade. She noted that they had agreed to set up barricades and traffic signs. She further noted that they already had more than 20 entries. She indicated that anyone with questions could call either (951) 674-8423 or (951) 674-4228. George Alongi indicated that he was upset a few weeks ago when a high level staff member was attacked. He indicated that he did not know why Councilman Magee had not called for a point of order. He advised that he was most concerned that it was an assault upon the dias, because a citizen did not agree with what was said. He commented that he was also concerned that staff had approached an elected official, as they should be free to voice their opinions. He stressed the meaning of democracy, and indicated that he felt that person should be dealt with and it should not be handled lightly. -.", Vida Boice, 17 Ponte Negra, directed her comments to Councilman Schiffner, and expressed concern with traffic. She noted that she had mentioned this issue before, but looked at the traffic study for the Condominiums on the Internet. She indicated that it was a nice study, but there continues to be problems on Railroad Canyon Road. She noted that the newspaper had comments about work on Bundy Canyon Road, and questioned why it would have a preference over Railroad Canyon. She questioned the impact of the back basin development on the existing traffic problems; and inquired how the process could be sped up to resolve the safety hazard. She noted that it was even difficult for emergency vehicles in the area. She stressed that a solution 25 years from now was not adequate, as something needed to be done right away. Councilman Schiffner responded to Ms. Boice, noting that the City began a study on the area about four years ago, with nine different designs being submitted to the State. He explained that Caltrans took three years to get back on which ones they would like or not like. He further explained that the staff had been negotiating for ......, AGENDA ITEM NO. \ . C. . PACE (,;. OF CoD ....- , ~ Page Seven - City Council Minutes - September 28, 2004 ~ about two years to find a design they would be interested in. He indicated that about 3 to 4 months ago, they City got four alternate designs they would accept; and a contract was just done to have a group do the cost estimates and recommend one. He expressed hopes that it would ultimately be one the State would accept. He noted that he even made a modification on one design and submitted it, based on his past work in the field and input into the process. He advised that was the current situation, and stressed the number of people and amount of time involved in the approval process. He indicated that when a decision was made, it would be at least a year to do the design work, and that would not even address where the money would come from. He stressed the time and money spent so far, and indicated that there were hopes that the back basin project construction would pay approximately $10 million into the TUMF fund, which could be allocated to that specific intersection. He indicated that he did not agree with the Bundy Canyon work, and noted that the County was trying to force the. City to spend money on that project. He noted that while there was disagreement between the City and County, they had hired the same traffic engineer to address the situation. He stressed that he understood the concerns and reiterated that work had been ongoing for a long time, but noted that it would probably still be a long time for the acquisition and construction. He suggested that it would get worse before it got better. Councilman Hickman noted that the City kicked in about $800,000 to get another lane under the bridge, and another right turn lane on Grape Street. Councilman Schiffner noted that there was a limitation on how much the City could spend in advance without kicking the project into another category with Caltrans. David Cooper, 29300 Riverside Drive, noted that after Councilman Schiffner's comments he had changed his comments for tonight. He addressed the back basin project lawsuit by the County and suggested that the City did not need another lawsuit. He suggested that the homes in the back basin would make the gridlock worse. He indicated that Murrieta and Temecula Councils were very unpopular due to the traffic issues. He questioned the Council wanting all the new homes and more traffic problems. .-- AGENDA ITEM NO. PAGE 7 \ \ t. OF (pi)_ Page Eight - City Council Minutes - September 28, 2004 Leslie Costello & Vida Boice, 15 and 17 Ponte Negra, addressed the Council and Chief of Police. They indicated that there was an issue that was unresolved for two years, being the problem of illegal dirt bikes and quads on the streets and hillsides of Tuscany Hills. They commented that this was a cancer on the area. They noted that the riders began at 6:45 a.m. on Sunday Mornings, and have no regard for anyone's peace and quiet. They indicated that they had contacted the police and M~yor Buckley. They noted that the off-road vehicle police had tried to do something, but when she called the police, things quieted down for a few days. They. indicated that they would like to know if something more permanent could be done. Mayor Pro Tern Kelley deferred to the Police Chief, and noted that they had the same problem in her area. Ms. Costello suggested permanent barriers. CLOSED SESSION REPORT City Attorney Leibold announced that the Council met in Closed Session for discussion of two cases, one anticipated litigation, and the second a CEQA petition filed by the County of Riverside, Lake Elsinore Citizens Against Gridlock and Edith Stafford. She advised that there was no reportable action on either item. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following item and deferred to that discussion: Item No. 21. CONSENT CALENDAR . MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: -,.) AGENDA ITEM NO. PAGE. <X ......" ......" ......" \, L ' OF <eo .,,-- Page Nine - City Council Minutes - September 28,2004 A. Joint Study Session - August 10, 2004. B. Joint Study Session - August 24,2004. C. Regular City Council Meeting - September 14, 2004. 2. Ratified Warrant List for September 15, 2004. 3. Authorized City Manager to Approve an Agreement with The Planning Center to Prepare CEQA Compliance Documents for Tentative Tract Map No. 31957. 4. Adopted Resolution No. 2004-61, correcting the Original Report to Council dated June 22, 2004 setting the Appropriations Limits for F N 2004-05 at $36,960, 082, as required by Proposition 4. ,,-- RESOLUTION NO. 2004-61 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. 5. Authorized City Manager to execute the agreement with American Asphalt South, Inc., to provide Slurry Seal Street services in the amount of $219,923.48. 6. Approved the transfer of$25,740 from the unallocated revenue to fund the Over Seeding of Parks. PUBLIC HEARINGS ""..-- 21. Zone Change No. 2004-09. Tentative Tract Map NO. 31792 and Mitigated Negative Declaration No. 2004-06 - Wasson Canyon Investments. L.P. - .A(iENDA ITEM NO. PPNE .9 \ . c.. . OF (PD Page Ten - City Council Minutes - September 28, 2004 '-" Southeast of Highway 74, Northeast of Interstate 15, and East of the Intersection of Conard Avenue and Third Street. Resolution No. 2004-62 and Ordinance No. 1128. Assistant City Manager Best noted the location of this project. Community Development Director Brady detailed this project and the components presented for consideration. He explained that the request would divide 59 acres into 191 single family lots. He clarified that it was adjacent to the Ramsgate/Rosetta Canyon project. He advised that only four lots were as small as 6,000 square feet in the tract. He noted discussion of improvements to Conard and Third Streets, and indicated that they were also required to pay fees under the Quimby Act for the installation of parks. Mayor Pro Tern Kelley opened the public hearing at 7 :45 p.m., asking those persons interested in this item to speak. The following person spoke: '-" Ed Fitzpatrick, Director of Development, noted that the project had been before the City for a long time, as it was first approved in 1990, but slowed by the recession. He indicated that there had been a CFD for improvements that was funded and then debunked; so there was presently an agreement for reimbursement on the project. He noted that there were other representatives present to answer questions. Bruce Eichorn indicated that he had owned property in the area for over 35 years. He expressed concern that there was a CFD for over $4 million spent on the project, but the public improvements were sold off in a foreclosure sale. He commented that he was not sure that was a legal action, and noted that there were other problems with the map. There were no further public comments. City Treasurer Weber noted the Council meeting of March 23, 2004, and '-" AGENDA ITEM NO. \. L . PACE ID OF too ,,-. Page Eleven - City Council Minutes - September 28, 2004 indicated that $151,000 was payable to the City at the approval of the first tract map. He questioned if the money was received. Administrative Services Director Pressey indicated that it had not been received to his knowledge; but if that was correct he would be following up with them. Mr. Weber stressed that the requirement was within 24 months or upon approval of the first tract map. Community Development Director Brady indicated that the money was in escrow at this point. Councilman Magee clarified that the trigger for payment was the approval of the map, and that was the consideration currently before the Council. He indicated that he had several questions at 4 p.m., but pointed out that this developer had resurrected a specific plan from the 1980's, in which lot size of 4,000 would have been allowed, but the average was now in excess of 8,000. He stressed that they had responded to market conditions, Council desires and a commitment to bring a high quality product. ~ Councilman Schiffner noted the additional changes in conditions presented, which should be included in the approval, as requested by the developer. Councilman Hickman indicated that he felt this project was dealing the City out of a mess. City Attorney Leibold noted that there was several actions to be taken and detailed them. Mayor Pro Tern Kelley closed the public hearing at 7 :53 p.m. MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-62. RESOLUTION NO. 2004-62 ,,-. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE AGENDA ITEM NO.--L.L PACE / / OF 00 Page Twelve - City Council Minutes - September 28,2004 ....." 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+ 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. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1128, APPROVING ZONE CHANGE NO. 2004-09, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1128 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 "R- 1 - SINGLE FAMILY RESIDENTIAL" UNDER THE ZONING ORDINANCE, ON APPROXIMATELY 31. 25:!:..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. "'" UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ~ AGENDA ITEM NO. \ . L . PACE /2 OF c::'O ~ Page Thirteen - City Council Minutes - September 28, 2004 ABSTAIN: COUNCILMEMBERS: NONE MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE TENTATIVE TRACT MAP NO. 31792, BASED ON THE FOLLOWING FINDINGS AND EXHIBITS A, BAND D, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL AS AMENDED: 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. 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 City, (2) injurious to property or improvements in the neighborhood or within the City. AGENDA ITEM NO. \ \ c.. 1 PACE ./3 OF (;,u Page Fourteen - City Council Minutes - September 28, 2004 ..., 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. Findings for Tentative Tract Map No. 31792: 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. ......., AOfNDA ITEM NO.~ ,c. . PACE I LI OF (;,() ~ Page Fifteen - City Council Minutes - September 28, 2004 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. r" 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 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 of the 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. AGENDA ITEM NO.~ I C. ' PACE /5 OF CoO Page Sixteen - City Council Minutes - September 28,2004 ....." 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. 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. ""-tIJI AGENDA ITEM NO._\ . c. ' PACE I~ OF too " Page Seventeen - City Council Minutes - September 28, 2004 Conditions of Approval for Tentative Tract Map No. 31792 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 $1 ,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 StudyIMitigated Negative Declaration No. 2004-06. ACENDA ITEM NO. PAGE /7 \ .c. OF r(? 17 Page Eighteen - City Council Minutes - September 28,2004 ~ 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. Corner 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. ~ AGENDA nEM NO. \ . C. PAGE / <l OF ~6 "..... Page Nineteen - City Council Minutes - September 28, 2004 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 of the 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 AOENDA ITEM NO. PAGE 11 \ 'C> OF too Page Twenty - City Council Minutes - September 28, 2004 ......, 25478 to Rosetta Canyon Drive, "0" Street in Tract 25478 to Rosetta Canyon Drive, and Rosetta Canyon Drive from "}" 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 which qualify for maintenance by the Riverside County Flood Control and Water Conservation District 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 of the providing electric utility company. 28. The applicant shall meet all requirements of the 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. '-' ~OA ITEM NO."JI_~' PAC~. ;;< 0 ..~OF 00 ".... Page Twenty-One - City Council Minutes - September 28, 2004 31. All signage shall be subject to Planning Division reVIew and approval pnor to installation. 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. 36. 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 ,!\C8~OA n 1i:ri. ~"v. \ \ c:.. . PACE :A J OF ~tl _ Page Twenty-Two - City Council Minutes - September 28,2004 ...., 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. Street cross section A , B, D, E, F, J, and a portion of C 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 ...., ACENDA ITEM NO. \. c... PACE ::J.:;J-- OF ~D ;-- Page Twenty-Three - City Council Minutes - September 28, 2004 must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 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. r--- 63. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. ACENDA ITEM NO. \, C. OI.\CE t73 OF btJ Page Twenty-Four - City Council Minutes - September 28,2004 ......., 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 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 conveyed to a drainage easement. 73. On-site drainage facilities located outside of road right-of-way should be contained within ......., AGENI>AITEMNO.~....... . PACE ;;< L/ _OF ...kL ~ Page Twenty-Five - City Council Minutes - September 28,2004 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". 74. 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. 75. Meet all requirements ofLEMC 15.64 regarding flood hazard regulations. 76. Meet all requirements ofLEMC 15.68 regarding floodplain management. 77. In accordance with the Lake Elsinore Municipal Code, the applicant may provide . documentation relieving them of the need for FEMA elevation certificates, and request that this condition allow such relief. The applicant shall provide FEMA elevation certificates prior to certificates of occupancy, if required by FEMA regulations. . 78. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District in the event that any storm drain facilities qualify for their maintenance, prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. r- 79. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 80. 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 ACENDA ITEM NO. \ · (.,. PACE '2 ~ OF 0/) ~ Page Twenty-Six - City Council Minutes - September 28, 2004 .....", mitigate any urban p.ollutants fr.om entering the watershed. 85. Applicant shall pr.ovide the city with pr.o.of .of his having filed a N.otice .of Intent with the Regi.onal Water Quality C.ontr.ol B.oard f.or the Nati.onal P.ollutant Discharge Eliminati.on System (NPDES) pr.ogram with a st.orm water p.olluti.on preventi.on plan pri.or t.o issuance .of grading permits. The applicant shall provide a SWPPP f.or p.ost c.onstructi.on which describes BMP's that will be implemented f.or the devel.opment including maintenance resp.onsibilities. 86. Educati.on guidelines and Best Management Practices (BMP) shall be provided t.o residents .of the devel.opment in the use .of herbicides, pesticides, fertilizers as well as .other envir.onmental awareness educati.on materials .on g.o.od h.ouseke'eping practices that c.ontribute t.o protecti.on .of st.ormwater quality and met the g.oals .of the BMP in Supplement "A" in the Riverside C.ounty NPDES Drainage Area Management Plan. 87. Applicant shall pr.ovide first flush BMP's using the best available techn.ol.ogy that will reduce st.orm water p.ollutants fr.om parking areas and driveway aisles. 88. All waste material, debris, vegetati.on and .other rubbish generated during cleaning, dem.oliti.on, clear and grubbing .or .other phases .of the c.onstructi.on shall be disp.osed .of at appr.opriate recycling centers. The applicant sh.ould c.ontract with CR&R Inc. f.or recycling 'and st.orage c.ontainer services, but the applicant may use the services .of an.other recycling vend.or. An.other recycling vend.or, .other than CR&R Inc., cann.ot charge the applicant f.or bin rental .or s.olid waste disp.osal. If the applicant is n.ot using CR&R Inc. f.or recycling services and the recycling material is either s.old .or d.onated t.o an.other vend.or, the applicant shall supply pr.o.of.of debris disp.osal at a recycling center, including verificati.on .oft.onnage by certified weigh master tickets. ...." 89. In accordance with the City's Franchise Agreement f.or waste disp.osal & recycling, the applicant shall be required t.o c.ontract with CR&R Inc. f.or rem.oval and disp.osal .of all waste material, debris, vegetati.on and .other rubbish generated during cleaning, dem.oliti.on, clear and grubbing .or all .other phases .of c.onstructi.on. 90. The pr.oject shall c.omply with the mitigati.on measures rec.ommended by the Traffic Impact Analysis f.or Tentative Tract Map N.o. 31792 c.onducted by Urban Cr.ossr.oads, Inc. and dated January 13, 2004. a. Additi.onally, the pr.oject shall improve C.onard Avenue fr.om Third Street t.o Central A venue by installing sidewalk, curb and gutter, and A.C. paving as needed .on b.oth side .of C.onard Avenue. ......" AGENDA ITEM NO. \, c. PAOE ~~ OF 100 ~ Page Twenty-Seven - City Council Minutes - September 28, 2004 b. Additionally, a traffic signal shall be constructed at the intersection of Central A venue 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 shall be constructed. c. The developer will be responsible for the signal costs in addition to TIF 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 Avenue 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 HOA shall maintain all retention areas, drainage facilities and catch basins. 93. The HOA 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 HOA 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, AOENDA ITEM NO. \ Ie. PAOE ;;;.. 7 OF <GO Page Twenty-Eight - City Council Minutes - September 28, 2004 ~ street markings, and street trees in a format acceptable to the City. 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. 22. Tentative Parcel Map No. 32575 - Alicia Graff. Community Development Director Brady explained this item and noted that the average lot size was ~ acre. ~ Mayor Pro Tern Kelley opened the public hearing at 7:55 p.m., asking those persons interested in this item to speak. There were no requests to speak from the audience. Donald Ash, 1131 Mill Street, indicated that the Council seemed to feel that every project should be approved. He stressed the problems of development and suggested that they were not being considered. He stressed that the Council was not facing the traffic issues. Councilman Magee responded to Mr. Ash and noted that this project was four lots with ~ acre residential parcels with full improvement of the access road. He indicated that he did not consider the impacts substantial and he felt it was creating a nice equestrian area. Mayor Pro Tern Kelley closed the Public Hearing at 7:57 p.m. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO APPROVE ~ AOENDA ITEM NO. \ Ie. PACE :J...<t OF y?O ~ Page 1\venty-Nine - City Council Minutes - September 28, 2004 TENTATIVE PARCEL MAP NO. 32575 BASED ON THE FOLLOWING FINDINGS AND EXHIBIT A; AND SUBJECT TO THE FOLLOWING FINDINGS: Councilman Hickman inquired about Larson Street, and if it was possible to do the whole street, rather than a small area. Community Development Director Brady noted that the applicant would be required to improve the road in front of the project, but the other portion would have to be a capital improvements project. Councilman Hickman requested that staff investigate including it as a capital improvement project. Assistant City Manager Best confirmed that staff would look at it. Councilman Magee suggested adding it to the unfunded capital improvement projects list. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF ~ THOSE PRESENT. FINDINGS: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the City General Plan, the R-l Zoning District, Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is consistent with the designated land use planning areas, development and design standards, and all other appropriate requirements contained in General Plan, City Municipal Code, and Subdivision Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan. 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. ~ The project is consistent with the City's General Plan and it will provide necessary public ACENDA ITEM NO. j. C. PACE :J-Cf OF 00 Page Thirty - City Council Minutes - September 28,2004 ....." services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. CONDITIONS OF APPROVAL 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 City of Lake Elsinore City Council in accordance with the Subdivision Map Act. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. ...,., 2. Tentative 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 (LEMC), 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, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Canyon 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 City will promptly notify the applicant of any such claim, action, or proceeding against the City 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 Clerk. This fee is necessary for filing a "Notice of Exemption" in compliance with CEQA. ......", ACENDA ITEM NO.~ PAPE ?o OF fao- /'"'" Page Thirty-One - City Council Minutes - September 28,2004 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). ~ 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 City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. PRIOR TO ISSUANCE OF BUILDING PERMIT 13. Prior to issuance of building permit, the applicant shall submit a letter of verification (will- serve letter) to the City Engineer, for all required utility services. 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. ~ 17. The applicant shall meet all requirements of the providing gas utility company. ACENDA lTEM NO. PAGE 31 \ . c. ' OF /.pO _ Page Thirty-Two - City Council Minutes - September 28,2004 ,...." 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 City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 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 frontage 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 City standard local road. ,...." 24. Dedicate City 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. 25. Storm flows conveyed in the earthen channel shall not be altered unless approved by the City Engineer. 26. 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. 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 '-' AGENDA ITEM NO. \ Ie. PACE 3:2 OF (PO _ "'"' Page Thirty-Three - City Council Minutes - September 28, 2004 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 (LEMC) prior to issuance of building permit. 32. 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. 33. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). ~ 34. 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. 35. 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). 36. 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). 37. 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. 38. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 %. 39. 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). 40. 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. AGENDA I~M NO. PACE .'?3 l. ~; OF (p l) Page Thirty-Four - City Council Minutes - September 28,2004 ~ 41. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City 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 City Engineer. 45. Developer shall install blue reflective pavement markers in 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 serving utility. 48. 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. 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 supervision of a geotechnical engineer and he shall "'wfII'. ACENDA ITE,MN.O. \ . t.. PACE <c1:;:t!L OF &D ~ Page Thirty-Five - City Council Minutes - September 28, 2004 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. 52. 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. 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 City Engineer. 55. Meet all requirements ofLEMC 15.64 regarding flood hazard regulations. ~ 56. Meet all requirements ofLEMC 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 City 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. AGI:NOA ITEAl NO. PACe ,.,_.~ Of \ Ie, ~o Page Thirty-Six - City Council Minutes - September 28, 2004 ......., 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 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 Gounty 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 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. ADMINISTRATIVE SERVICES DEPARTMENT 68. Prior to the issuance of the first building permit, the applicant shall annex into Community Facility District 2003-01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 69. Prior to issuance of the first building permit, the applicant shall annex into Lighting and Landscape Maintenance District No. I to offset the annual negative fiscal impacts of the project on public right-of-way landscaping areas to be maintained by the City 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. 33. Tentative Condominium Map No. 32670 & Residential Design Review No. 2004-10 - D.R. Horton. ......., ACEIJO~rrEM NO.J, c\ p~.c, '"J r " . , ~~.)\o . OF- (qO - :" :...~ '-~....,,~, .- Page Thirty-Seven - City Council Minutes - September 28, 2004 Community Development Director Brady explained this item and detailed the items for consideration. He indicated that they would be located on Lakeshore Drive, on the site of the old driving range. He noted that this project by D.R. Horton was part of the East Lake Specific Plan area. He explained that it would be a high density project on approximately 9-1/2 acres. He noted the exhibits presented, showing designs in the Spanish and French styles. He detailed the lot configuration, and noted that there would also be a pool, tot lots and a recreation building. Mayor Pro Tern Kelley opened the Public Hearing at 8:00 p.m., asking those persons interested in this item to speak. The following people spoke: .- Chris Faber, representing the applicant, 119 N. Maple Street, Suite A, Corona, noted that staff and the consultant were present to answer questions. Joseph Boice, 17 Ponte Negra, indicated that the Council had done nothing for traffic but to keep building. He suggested that there would someday be bumper to bumper traffic on Main Street. He stressed the need to make sure there was a good way out of town. He indicated that his wife moved him to Lake Elsinore and he has been sorry ever since. He commented that he saw no improvement. Dan Uhlry, Planning Commissioner, 103 Flint Street, noted that he had abstained from voting on this project. He indicated that he liked the project concept and design, but disagreed with the building and staff on the project elevation. He explained that it had been lowered to 1264', with the suggestion that there was only a two foot wave wash on the Lake. He advised that all other projects around the Lake perimeter had been established at 1265'. He expressed concern with setting a precedent; and stressed that he would like to see it remain at 1265'. .- Community Development Director Brady clarified the discussion about the wave wash and the flood level. He explained that the requirement was AOEN~A I1'&M NO. . \ I L. p~_~ 3T~Qf~.~D ~_..i._..._""" Page Thirty-Eight - City Council Minutes - September 28, 2004 --". 1264' plus a maximum of a three foot wave wash. He indicated that there was discretion for the flood plain administrator, if information is presented to indicate that the wave run up could be lowered due to the location of the property. He noted that there was a comprehensive study required and if the engineer felt comfortable with the study findings he could change the requirements. Councilman Schiffuer commented that the proposed project was a first class development, and the beginning of a completely new set of developments in the area. He suggested that it would start a 1!"end of very upscale development in the area and indicated that he was pleased to see it go forward. Councilman Hickman questioned the concerns expressed by Planning Commissioner Uhlry; and noted that if East Lake was being held to 1267', then this area should be held there as well. He noted that when water comes down the inflow channel, there will be greater volume. He indicated that he was also concerned about the fence and walls along the back of the project. He commented that he appreciated the six foot block wall fence, but expressed concern with the water front. He suggested a view fence of the beautiful view that would be there in the future. He stressed the 1267' elevation and requested that the developer give thought to the finished pad. --" Councilman Magee addressed the elevation issue and noted that only one pad would be below the 1267' at 1266.9'. He inquired of the City Engineer, if this was the case. Engineering Manager Seumalo indicated that it was at the time of the Planning Commission consideration, but noted that he had not seen the changes presented for this meeting. He clarified that the project applicant presented a wave run-up study which he reviewed and discussed with the person who did the study. He noted that the study presented three degrees of safety, and with the combination of wind velocity and a 100 year flood were unlikely. He noted that the water would be dissipated. He commented on his initial insecurity with the elevation, but explained that the study showed that the elevation could be lowered by 1.3 or 1.4 feet. ~ AGENDA ITEM NO. \ ... t... PACE '3 <6 OF (pO r- Page Thirty-Nine - City Council Minutes - September 28, 2004 Councilman Magee inquired if the units at that elevation would be eligible for flood insurance. Engineering Manager Seumalo confirmed. Mayor Pro Tern Kelley closed the Public Hearing at 8:05 p.m. . MOVED BY SCHIFFNER, SECONDED BY MAGEE TO APPROVE TENTATIVE CONDOMINIUM MAP NO. 32670 AND RESIDENTIAL DESIGN REVIEW NO. 2004-10, BASED ON THE FOLLOWING FINDINGS AND EXHIBITS A THRU bb, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. r- Councilman Magee noted the concerns with the 1266' elevation and inquired if it would be possible to make the 1267' elevation, using dirt on the site. Engineering Manager Seumalo confirmed. Mr. Faber indicated that there was not enough available dirt, and they would have to import more. Engineering Manager Seumalo indicated that if they dug the basin deeper there would be enough. Councilman Magee requested that the maker amend the motion to require all pads to be over 1267' in elevation. THE MOTION WAS AMENDED BY THE MAKER, AS REQUESTED BY SECOND TO REQUIRE THAT ALL PADS BE OVER 1267' IN ELEVATION. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. 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). ,..... The project as designed assists in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and ~fTEM NO. 1, <:.. --=. 3q. -'- -'~OF LP) Page Forty - City Council Minutes - September 28,2004 ~ 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 has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. GENERAL CONDITIONS 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 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. 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 Environmental Filing. ""'" ~: ''; AGENDA ITEM NO. \ \ C . PAGE ,-/6 OF (PO ~ Page Forty-One - City Council Minutes - September 28, 2004 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 uhless 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 the first certificate of occupancy issuaRce 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. (Amended per the Planning C~mmission on September 7, 2004). 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 jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the AGENDA ITEM NO. t. c... . PAGE Lf I ~. (PO . -" .,- ,~:.. . ~. - - Page Forty-Two - City Council Minutes - September 28, 2004 ""-'" City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 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. 11. 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 No(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-offees, or a combination of both. RESIDENTIAL DESIGN REVIEW NO. 2004-10 16. Design Review approval for Residential Design Review No. 2004-10 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of the initial Design Review approval. Application ......" AGENDA ITEM NO.~. c... . PACE L/2, Of W ,,-.. Page Forty-Three - City Council Minutes - September 28, 2004 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 constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning CommissionlPty 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 from neighboring property or public streets. Any material covering the roof 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. ACENDA IlCM NO. \. C . PAGE 'i) _pf .faD Page Forty-Four - City Council Minutes - September 28,2 004 ,...., 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. "'""" A(jENOA ITEM NO. \ . t ' / }{j --.. PACE ~7 ~~~_.- ''''.~ ,"'...~..~ ,- Page Forty-Five - City Council Minutes - September 28,2004 c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special 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. AGENDA fTEMNO. . \ Ie. PAGE. l{5 Of (,0 Page Forty-Six - City Council Minutes - September 28, 2004 ~ 38. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 39. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. PRIOR TO ISSUANCE OF A BUILDING PERMIT 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 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. 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 centerline 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 Lakeshore Drive to provide for left turn movements in and out of the project. Left turn 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. ~ AOENDA ITEM NO.. PACE 4(., OF \ .c . faD ,...... Page Forty-Seven - City Council Minutes - September 28, 2004 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 de siltation basin or 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 erosion. ~ 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. "....... AGENDA ITEM NO. \. C. PACE II} . Of ~6 Page Forty-Eight - City Council Minutes - September 28,2004 ....., 60. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximwn grade of 6 % 61. 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). 62. All compaction reports, grade certifications, monwnent 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. 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. 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. 68. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approyed prior to final map approval. i\ll traffie cofttrol deviees shall be installed prior to final inspection of public impro';ements. This includes No Parking and Street S\v-eeping. Signs f-or streets \\'ithin the tract. (Deleted per the Planning Commission on September 7, 2004). 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 ....., AGENDA ITEM NO. \ Ie. PAGE t; 1 OF ~O r- Page Forty-Nine - City Council Minutes - September 28, 2004 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 Engineer 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. r- 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 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". 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. 79. Meet all requirements ofLEMC 15.68 regarding floodplain management. 80. The applicant to provide FEMA elevation certificates prior to certificate of occupancies r- 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 AOENDA ITEM NO. \ . C . _~ PACE 1;'7 OF 00~ Page Fifty - City Council Minutes - September 28,2004 ....." 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 ever feasible. 84. I 0 year storm runoff should be contained within the curb and the I 00 year storm runoff should be contained witJ:rin 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 development 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 contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 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 ....." AOENOA ITEM NO. CD PAGE U. . 1 ,e,. Of 4!JJ r" Page Fifty-One - City Council Minutes - September 28,2004 distance can be obstructed, a special limited use easement must be recorded to limit the slope, type oflandscaping 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 r" maintained by the Home Owner's Association (HOA). AGENDA ITEM NO. p~ 51 \ 1(. OF ;. (d) Page Fifty-1\vo - City Council Minutes - September 28,2004 ~ 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 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 and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. RIVERSIDE COUNTY FIRE DEPARTMENT 104. The applicant shall comply with all requirements of the Riverside County Fire Department. Fire protection measures shall be provided in accordance with Riverside County ordinances and/or recognized fire protection standards. "" I05.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 "" AGENDA ITEM NO.t t. c., . . PACE 5:J- OF (dJ ",...... Page Fifty-Three - City Council Minutes - September 28, 2004 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 Conditional Use Permit/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. 110. Prior to fin~l 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. /"'"' Ill. 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 neighboring property and streets or allow illumination above the horizontal plane of the fixture. BUSINESS ITEMS 31. Public Safety Advisory Committee Resignation & Appointment. ",..... Councilman Magee recognized the resignation of Mr. Raymond Moon from the Public Safety Advisory Committee; and noted his activities in the Community. He noted that Mr. Moon is a business owner, active in his church and the father of three children; and those pressures have led him to regretfully offer his resignation. He indicated that he approached Mr. Bill Arnold to determine his willingness to serve on the Commission; and he confirmed that he was interested in doing so. AGENDA ITEM NO. Dl1r.i= <\ ~ \ . c... Ill: ( -/") Page Fifty-Four - City Council Minutes - September 28,2004 ,....., MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ACCEPT THE RESIGNATION OF RAYMOND MOON WITH REGRETS AND APPOINT BILL ARNOLD III TO THE PUBLIC SAFETY COMMISSION. 32. Biennial Review of the Conflict of Interest Code for the City of Lake Elsinore and the Redevelopment Agency of the City of Lake Elsinore. Assistant City Manager Best explained that this was a housekeeping issue required by State code. She advised that the City Attorney and City Clerk had reviewed and updated the materials per the Code. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ACKNOWLEDGE RECEIPT OF THE NOTICE FOR AMENDMENTS TO THE CONFLICT OF INTEREST CODE AND DIRECT THE CITY CLERK TO FILE THE 2004 LOCAL BIENNIAL NOTICE WITH THE FAIR POLITICAL PRACTICES COMMISSION BY OCTOBER 1,2004, INDICATING THAT AN AMENDMENT TO THE DESIGNATED EMPLOYEES LIST IS REQUIRED. .....", THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:09 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:31 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Alan Young, Alesco Development, noted their projects along Corydon Road, and noted the business they have brought to the community including Compu- Truss, Quality Foam and noted that they retained Vertigo in the community. He indicated that they also built additional projects and had a number under development conceptually. He advised that in total their projects are in excess of $100 million in Lake Elsinore. He eXplained that their effort were to address the ....., AOENDA ITEM NO. \. C . pA<iES4~ ,..- Page Fifty-Five - City Council Minutes - September 28,2004 demand, but also because they experienced a "can do" attitude with staff. He indicated that staff was workable, efficient, concerned and considerate, with Dick Watenpaugh at the head of the team. He expressed concern that his contract was not renewed; and stressed his experience in meeting with staff to bring in new business. He stressed that staff was instrumental in helping them draw the businesses. He indicated that there was efficiency from the bottom to the top of the organization. He reiterated that there was a "can do" attitude throughout the staff based on a directive from the top. He noted his frustrations in other communities and indicated that he did not want to see a change at the top or a trickling down of change. He stressed that staff was knowledgeable and did a great job. ,..- Donald Ash, 1131 Mill Street, commented that he understood that Mrs. Kelley and her husband went bankrupt and questioned her on her practices. He questioned if she was qualified to oversee the operation of the City, based on her personal affairs. Mayor Pro Tern Kelley noted that the events listed occurred more than eight years ago. Edith Stafford, 29700 Hursh, noted that she wasn't going to speak at this meeting until the gentlemen spoke earlier. She indicated that he does not speak for her or many other people, concerning the City Manager. She advised that she thought the Council had made the right step in the right direction. She commented that people in selfish ways could point out good things they claim are going on; but noted that she had not seen the man before and all of a sudden he was saying how wonderful things were. She disagreed and indicated that things were not wonderful, as there were many underlying problems in the City, which needed to be faced and cleaned up. She suggested that until then the City would never run smoothly. She commented that one could make excuses and point fingers, but the truth would remain. CITY MANAGER COMMENTS ,..- Assistant City Manager Best commented on the following: AGENDA tTEM NO. ~ACE. 55 \, c . Of Cob - Page Fifty-Six - City Council Minutes - September 28, 2004 ...." 1 ) Congratulated the Eagle Scouts recognized this evening. 2) Addressed Ms. Boice & Ms. Costello, and offered her card and willingness to meet with them. She noted that there were a number of other areas with the same problems. 3) Congratulated City staff member in Public Works, Jason Dugan on the birth of his child, a 9 lb. 5 oz. baby boy. 4) Announced that City Hall was now open on Fridays for improved public service. She noted that the staff was split on Fridays, so it would be a good idea to check with staff to see when they are available. 5) Thanked the Little League for their recognition of the improvements to the concession and restroom building at Swick/Matich park, and noted that it was a Capital Improvement Project of over $400,000. ......, 6) Thanked Ray Moon for his service to the community, and noted that staff would draft a letter of thanks. 7) Offered best wishes to City Manager Dick Watenpaugh, noting that he was on medical leave and hoped to return around the first of November. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Clarified that every development project that comes forward starts with an application and a variety of studies and is subject to a variety of conditions of approval. She explained that the required public improvements included in the conditions of approval are based on the impacts of the projects. She noted that they are also subject to TIF '-'" AGENDA ITEM NO. \. L . PACE J& OF ~() ~ Page Fifty-Seven - City Council Minutes - September 28,2004 fees, and regional TUMF fees to provide financing for City-wide and region wide improvements. She explained that the conditions were not always publicly specified, but were part of the project. She stressed that the impacts were addressed when improvements were approved. 2) Extended best wishes to the City Manager. COMMITTEE REPORTS No Reports. CITY TREASURER COMMENTS /'"'"' City Treasurer Weber commented on the following: 1) Thanked Councilman Hickman for getting the sidewalks painted in front of Cottonwood Elementary for the safety of the students. 2) Noted his September 9th memo to the Council regarding the State Attorney General's opinion on lunches at City expense. He suggested that for a City like this it should not be done and questioned why that regulation was not being followed. He indicated that if the matter went to court, City money would not be used to take people to lunch. He questioned if there was an awareness of this law prior to his memo, and requested that Councilman Magee give the matter to the auditor. 3) Noted that the Stadium deal was defunct and had been an expensive lesson. He indicated that the City spent $66,000 in legal fess and inquired if there would be a refund of some of that money. He noted that the Storm also included about $20,000 in legal fees. He reiterated that there should be refunds, since it was a dead deal. /'"'"' AGENDA ITEM 00. \ . ~ . PACE J J OF &(J-.. Page Fifty-Eight - City Council Minutes - September 28, 2004 ....., CITY COUNCIL COMMENTS Councilman Schiffner commented on the following: 1) Indicated that it was obvious that people did not understand what a CFD was. He pointed out that there were two ways a developer developed, either the CFD is used to pay for part of the project, or they front their own money. He indicated that it was all the same as the homeowner either pays the money up front or over a period of years via the CFD. He stressed that either way the cost was passed on to the homeowner. He noted that his house did not come with Mello- Roos, and he had to pay for the improvements up- front. Councilman Hickman commented on the following: 1) Noted that he represented the City at the Student of the Month Program, and indicated that it made him appreciate the future kids. He commented on the problems the kids had overcome. ~ 2) Indicated that he was going to request two study sessions, the first on the Street Sweeping Ordinance. He noted that there were concerns that the streets got clean and people were not ticketed after the streets were cleaned. He also requested a study session on the CFD Policy, noting a rumor around town which made him want to be sure the City was protected with CFD's. 3) Thanked City Treasurer Weber for his thanks, and recommended that the similar curb painting at Machado Elementary. He suggested that the Safety Committee address signage to protect the kids. 4) Indicated that he enjoyed the League of Cities Conference. Councilman Magee commented on the following: ~ AOENDA 1TEM NO. PACE 5<6 \ ' C:-. OflnO ,...... Page Fifty-Nine - City Council Minutes - September 28,2004 1) Addressed Mr. Boise's comments on Railroad Canyon Road, and noted the long and short term goals to work with Caltrans and RCTC. He noted that $13.5 million was recently approved to make improvements over the next five years. He further noted that nearly $1 million had been allocated by the City to expand the existing lanes. He also noted that next month there would be two new motorcycle officers targeting the area to keep the traffic flowing. 2) Addressed credit cards and indicated that was part of the ongoing Audit; and expressed hopes that there would be a policy developed that made everyone feel comfortable with the use of City credit cards. 3) Commented that politics was a tough game, and suggested that spirited debate on the issues was appropriate, but person attacks were not. He requested that if anyone had a problem with him, that they talk to him personally and not on t.V. ~ Mayor Pro Tern Kelley commented on the following: 1) Announced the upcoming Special Events including: October 2nd - City-wide Clean-up from 7 a.m. to 1 p.m. for City residents with a hot pink flyer. October 2nd - Household Hazardous Waste Collection from 9 a.m. to 2 p.m. October 3 rd - Open Air Market October 4th - 9th - Rummage Sale at the Women's Club October 9th - Rotary Club Art and Wine Festival Support the Troops Rallies - Every Saturday. Assistant City Manager Best noted that there had been some confusion in the past on when Council gave direction and how it was implemented. She requested Council consensus that they wanted the two study sessions requested by ,...... AGENDA ITEM NO._\ .c...,. PAce59 OF ~D Page Sixty - City Council Minutes - September 28, 2004 ....." Councilman Hickman. Council consensus was gained and Assistant City Manager Best indicated that they would be coordinated with the Mayor when he returned. ADJOURNMENT The Regular City Council Meeting was adjourned at 8:50 p.m. GENIE KELLEY, MAYOR PRO TEM CITY OF LAKE ELSINORE .....", ATTEST: VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE """"" AGENDA ITCM NO..-J \ c... · PACE ~) Of {d!J SEPTEMBER 30, 2004 CITY OF LAKE ELSINORE WARRANT SUMMARY /"'. FUND# FUND DESCRIPTION TOTAL 100 102 105 110 115 130 150 205 221 608 620 GENERAL FUND L.L.E.B.G. PROGRAM FUND MISCELLANEOUS GENERAL PROJECT FUND STATE GAS TAX FUND TRAFFIC SAFETY FUND LIGHTING I LANDSCAPE MAINTENANCE FUND C.D.B.G. FUND TRAFFIC IMPACT FEE FUND PARK C.I.P. FUND TRUST DEPOSITS AND PRE-PAID EXPENSE FUND COST RECOVERY SYSTEM 870,529.66 10,289.08 14,400.00 6,085.20 840.16 58,813.56 1,310.20 124,663.00 145.04 650.00 29,915.02 1,117,640.92 GRAND TOTAL /'" " AQENDA ITEM NO. ~ "- PAGEiOFl 9/30/2004 P:\WARRANT LIST MASTER\WARRANT 093004 SEPTEMBER 30, 2004 CITY OF LAKE ELSINORE CHECK# VENDOR NAME 78965 VOID-(CAPTAIN LOUIS FETHEROLF) 79091 EMPIRE PRE-CAST 79267 DAVID S. SOLOMON 79268 BANK OF AMERICA (0668) (G.KELLEY) 79269 BANK OF AMERICA (0650) (V.KASAD) 79270 SERVICE ONE SERVICE, INC. 79271 DUANE A. MORITA 79272 I.C.MA RETIREMENT TRUST 79273 RIVERSIDE COUNTY'S CREDIT UNION 79274 CALIFORNIA P.ER.S. 79276 VOID 79277-79279 A & A JANITORIAL SERVICE 79280 ACTION PARK ALLIANCE, INC. 79281 ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. 79282 ALLIED TRAFFIC EQUIPMENT 79283 ALPINE PREMIUM WATER-NATHAN GARNER 79284 AMERICAN FAMILY LEGAL CENTER 79285 AMERICAN FORENSIC NURSES 79286 AMERICAN PAYROLL ASSOCIATION 79287 APPLE ONE EMPLOYMENT SERVICES 79288 MAX ARAGON 79289 ARTISAN GOLDSMITHS & AWARDS 79290 MICHAEL BAIRD 79291 BERRYMAN & HENIGAR, INC. 79292 ANTHONY BIRABENT 79293 BOATS PLUS 79294 BUNDY CANYON TURF SUPPLY 79295 CAL SCHOOL & SPORT 79296 CALIFORNIA LAKE MANAGEMENT SOCIETY 79297 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 79298 CALOL YMPIC GLOVE & SAFETY CO. 79299 CANYON TIRE SALES, INC. 79300 CCP INDUSTRIES, INC. 79301 CENTRAL SECURITY SERVICES, INC 79302 CITICORP VENDOR FINANCE, INC. 79303 COAST TO COAST WIRELESS, INC. 79304 COMPUTER ALERT SYSTEMS, INC. 79305 COUNTY OF MARIN/CAL-SLA 79306 KIRT A. COURY 79307 CUTTING EDGE STAFFING, INC. 79308 D & SELECTRIC 79309 DANIELS TIRE SERVICE, INC. 79310 DANKA OFFICE IMAGING 79311 VICKI DICKINSON 79312 DO IT CENTER 79313 CAROLE K. DONAHOE 79314 HEIDI DORSEY 79315 DOWNS COMMERCIAL FUELING, INC. 79316 DRAGON FLYER PRESS 79317-79323 E V. M. W. D. 79324 EG. BRENNAN & CO., INC. 79325 EV.C.A.P. 9/30/2004 P:\WARRANT LIST MASTER\WARRANT 093004 1 OF 3 WARRANT LIST AMOUNT (75.00) ....,. 3,825.00 3,120.00 780.95 77.79 5,112.00 3,593.03 4,114.56 1,325.00 31,500.03 0.00 4,150.00 8,332.00 203.12 253.21 205.40 150.00 294.45 702.95 1,578.40 2,520.00 36.10 60.00 35,498.09 96.96 ~ 1,707.24 53.61 108.67 140.00 35.00 24.00 521.51 49.09 111.00 770.41 60.47 882.00 1,200.00 4,459.80 3,366.80 2,013.00 331.77 455.03 30.00 31.64 2,157.00 25.00 6,174.75 542.25 37,907.10 '---' 195.00 ~.OO AQENOA .TEM NO. d--- PAGE~OF~ SEPTEMBER 30. 2004 CITY OF LAKE ELSINORE WARRANT liST 9/30/2004 P:\WARRANT LIST MASTER\WARRANT 093004 2 OF 3 AMOUNT 312.00 83.64 482.05 65.45 328.00 5,076.40 2,600.00 18,133.00 160.00 82.27 154.48 121.54 124,488.00 340.00 538.75 277 .90 12,664.21 440.00 3,458.00 75,211.04 27,903.05 476.88 408.45 840.00 82.80 285.00 189.75 9,400.00 60.00 1,338.11 40.86 669.13 459.23 608.65 233.80 47.28 5,285.00 4,425.00 72.87 50.00 4,024.35 72.51 382.34 260.41 4,500.00 3,251.42 1,442.42 118.20 325.50 2,045.10 406.26 898.58 AQENDA ITEM NO. J . PAGE 3 ;Y "-<:HECK# VENDOR NAME ,9326 ELITE ELEVATOR, INC. 79327 ELSINORE ELECTRICAL SUPPLY, INC. 79328 ELSINORE VALLEY RENTALS 79329 ELSINORE VALLEY SELF STORAGE 79330 EMPLOYMENT DEVELOPMENT DEPARTMENT 79331-79332 EMPLOYMENT SYSTEMS 79333 ENVIRONMENTAL RECOVERY SOLUTIONS 79334-79335 EXCEL LANDSCAPE, INC. 79336 EXECUTIVE EVENT SERVICES, LLC 79337 EXXON MOBIL 79338 TERI FAZZIO 79339 FEDERAL EXPRESS CORPORATION 79340 K. HOVNANIAN FORECAST HOMES, INC. 79341 OSCAR FRANCO 79342 G.S. MARINE, INC. 79343 GRAINGER, INC. 79344-79347 GREENSCAPE 79348 GRIME FIGHTERS 79349 LORENA HANCOCK 79350-79351 HARRIS & ASSOCIATES, INC. 79352 HDR ENGINEERING, INC. 79353 HILTON PALM SPRINGS RESORT 79354 INLAND EMPIRE LOCK & KEY ,-:('9355 JEFF HAUSER MOBILE WELDING )356 JOBS AVAILABLE, INC. 19357 STEVE KARVELOT 79358 KIRSTEN KING 79359 KOBATA & ASSOC., INC. 79360 LAKE AIR COMPANY 79361 LAKE CHEVROLET 79362 LAKE ELSINORE FLORIST & GIFTS 79363 LAKE ELSINORE MATERIALS 79364 LAKE ELSINORE TIRE & AUTO, INC. 79365 LAKELAND MARINE 79366 TYLlSHA LARIMER 79367 L1NKLlNE COMMUNICATIONS, INC. 79368 CHARLES MACKEY JR. 79369 LINDA M. MILLER 79370 MOBILE SATELLITE VENTURES, L.P 79371 ROSSANA MONTALVO 79372 DUANE A. MORITA 79373 MORROW PLUMBING, INC. 79374 MYERS TIRE SUPPLY 79375 NATIONAL PEN CORPORATION 79376 NETCOMP TECHNOLOGIES. INC. 79377 NEW HOLLAND CREDIT, L.L.C. 79378 NEXTEL COMMUNICATIONS 79379 NORTH COUNTY TIMES ~.q380 PAL OFFICE PRODUCTS J381 PATTON'S OFFICE FURNITURE SOLUTIONS 79382 PETTY CASH 79383 PHD PENSKE LEASING SEPTEMBER 30, 2004 CITY OF LAKE ELSINORE WARRANT LIST CHECK# VENDOR NAME 79384 PITNEY BOWES, INC. 79385 THE PLANNING CENTER 79386 POSITIVE PROMOTIONS 79387-79388 THE PRESS ENTERPRISE 79389 PRO PET DISTRIBUTORS 79390-79391 PRUDENTIAL OVERALL SUPPLY 79392-79393 QUILL CORPORATION 79394 QWEST COMMUNICATIONS 79395 RAMSEY BACKFLOW & PLUMBING 79396-79397 RIGHTWAY 79398 RIVERSIDE COUNTY FIRE DEPARTMENT 79399 RIVERSIDE COUNTY SHERIFF 79400 COUNTY OF RIVERSIDE OFFICE OF ASSESSOR, GARY L. ORSO 79401 COUNTY OF RIVERSIDE, BOB DOYLE, LAKE ELSINORE SHERIFF STATION 79402 ROBBINS PEST MANAGEMENT, INC. 79403 ANTHONY ROMERO 79404 SAFETY-KLEEN SERVICES, INC, 79405 SCOTT FAZEKAS & ASSOCIATES, INC. 79406 SERVICE ONE SERVICE, INC. 79407 SIGNS PLUS 79408 DAVID S. SOLOMON 79409 SOTO, MARIO 79410-79415 SOUTHERN CALIFORNIA EDISON CO. 79416 JASON STANLEY 79417 STAPLES CREDIT PLAN 79418 STAUFFER'S LAWN EQUIPMENT 79419 PEGGY J. STORAASLI 79420 BOB STOVER, INC. 79421 T.S. INDUSTRIAL SUPPLY 79422 TEAM AUTOAID, INC. 79423 TEXTRON FINANCIAL CORPORATION 79424 TICOR TITLE COMPANY 79425 UNITED PARCEL SERVICE 79426 VALLEY CENTER AUTO PARTS NAPA 79427 VENUS PRINTING 79428 VERIZON EQUIPMENT SALES & SERVICES 79429 WEST COAST ARBORISTS, INC. 79430 WEST GROUP 79431 WESTERN HIGHWAY PRODUCTS, INC. 79432 WILLDAN 79433 WORLD WIDE ENTERPRISES 79434 Z-BEST PAINT 79435 ZEP MANUFACTURING COMPANY AMOUNT 1,219.00 ......, 1,370.15 108.95 3,646.51 780.00 294.72 1,803.87 396.30 35.00 4,816.34 293,776.57 28,423.00 78.00 49,992.30 1,370.00 200.00 148.02 3,025.44 3,442.00 909.00 2,535.00 50.00 34,965.64 75.00 645.37 ......, 691.82 1,312.75 5,510.40 70.39 160.73 987.13 600.00 126.16 636.87 91.82 135.00 24,250.10 84.06 4,625.80 2,380.00 84.00 539.46 251.50 TOTAL 963,145.03 PIE DATE: 09/17/04 PAYROLL TAXES 09/17/04 PAYROLL CASH 9/30/2004 P:\WARRANT LIST MASTER\WARRANT 093004 30F 3 45,896.15 108,599.74 ......, 1,117,640.92 AQENDA ITEM NO. ~ PAGElOF~ GRAND TOTAL -, CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: DICK WATENPAUGH, CITY MANAGER DATE: October 12, 2004 SUBJECT: Supplemental Law Enforcement Service Fund (SLESF) Expenditure Plan BACKGROUND: The City has been receiving funding from the SLESF since Fiscal Year 1998/1999. April, 2002, Senate Bill 823 amended the Government Code Section 30061 and 30063 to require that 'the City Council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the Chief of Police of that City or the Chief Administrator of the Law Enforcement Agency the provides police services for that City'. -- DISCUSSION: The appropriate forms have been completed as required by the Riverside County Sheriff. These forms are submitted for the City Council's approval. FISCAL IMPACT: No Fiscal Impact on the City of Lake Elsinore. RECOMMENDATION: Staff recommends that the City Council approve the Supplemental Law Enforcement Services Fund Expenditure Plan for 2004 - 2005 and authorize staff to submit said information to the Riverside County Sheriff's Department Grants Unit as required. PREPARED BY: :J)LikL ~ Diane Block, Account Specialist III Matt N. Pressey, Director of Administrative Services ,-.. APPROVED FOR ~' j) /} J AGENDA LISTING: ~1~ Oi alenpaugh, City MaJ.fe( A.~ AQENDA ITEM NO. 3 E: PAGE..-l- OF City of ..takE- E[1ino7-E- Police Department '-' MEMORANDUM Date: September 28, 2004 Subject: Supplemental Law orcement Services Fund (SLESF) To: Mr. Dick Watenpaugh From: Chief Louis Fetherolf Each year the State SLESF provides money for the purpose offunding front-line law enforcement services in jurisdictions throughout California. In previous years we have used the money to fund personnel, equipment and programs. In fiscal year 2003/2004 the funds were used to help offset the cost of new personnel added to the Police Department. '-' On September 8th I received a notice from Diane Block requesting a spending plan for this year's appropriation. We would propose this year's funding ($100,000) be used in the following manner: I. Overtime for additional street-level crime, gang. and drug enforcement activities: $50,000.00 2. The purchase of specialized equipment and supplies to support front-line enforcement services: $50,000.00 This request must be presented to the City Council for conceptual concurrence as soon as possible in order to get the administrative wheels moving in Sacramento and the funds coming our way. I would like to request this be.placed on the City Council agenda for the next regularly scheduled meeting in two weeks (October 12,2004). Thank you. AQENOA ITEM NO. 3,-, '" PAGE ~. OF ~r; 333 Limited Avenue · Lake Elsinore, CA 92530 · Telephone: (909) 245-3300 RIVERSIDE COUNTY ~ Sheriff p.QS DOYLE, SHERIFF August 26, 2004 P.O. BOX 512 . RIVERSIDE, CALIFORNIA 925r~..t(09) 955-2400 . .FAX (909) 955-2428 I ,~ I ; I' f I. L..__ (......rn utr' Richard Watenpaugh Manager City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Dear Mr. Watenpaugh, The Supplemental Law Enforcement Services Fund (SLESF) provides all incorporated cities, the unincorporated area, Corrections and the District Attorney with funds to provide front line law enforcement services. Senate Bill 823 requires that each entity submit an annual expenditure report to the State Controller. In Riverside County, the Sheriffs Department collects local information and submits the SLESF report on behalf of the Board of Supervisors. ,-. Enclosed is a copy of the report your city needs to submit for the July 1, 2003-June 30, 2004 funding period. Please complete the report and retum it to the Riverside County Sheriffs Department Grants Unit by September 15, 2004. In order to assist you in completing this year's report, attached you will also find a copy of the report you submitted last year for the period ending June 30, 2003. This report will give you fund balance infonnation. Last year's ending balance and this year's beginning balance should be the same number. The 2003-04 report is essentially the same as the repOli you completed in prior years. Please keep in mind that only those positions fully funded (l00%) with SLESF funds should be reported. Funding fr0111 other sources (local revenue, Federal or State grant awards, contractual agreements) does not need to be reported on this form. Program income should only be reported if the SLESF funds are used to provide programs that generate revenue for your City. Also, the County of Riverside has also been notified that funding for the July 1, 2004-June 30, 2005 fiscal year is now available. The law requires that in order for your city to receive funding, "the City Council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the Chief of Police of that City or the Chief Administrator of the law enforcement agency that provides police services for that city." Your action is needed. The request to the City Council should specify the personnel, equipment and programs that will meet your city's needs. The council, at a public meeting, considers the requests and makes a detem1ination. Once your City Council has approved your local expenditure plan (a draft fom1 is included) please submit a copy of the plan to the Grants Unit. ,-. 3 AGENDA ITEM NO. !6 PAGE .3 OF ""'" The Sheriff chairs the Supplemental Law Enforcement Oversight Committee and this Committee must certify receipt and approval of your expenditure plan before the County Auditor Controller can release your funds. We would appreciate it if you would submit your expenditure plan by September 30,2004. You can fax the completed expenditure report and the 2004-2005 plan to the Sheriffs Grants Unit at (951) 955-9620. If you have any questions or if the reporting dates cause problems for your city, please contact David Murr at (951) 955-9613 or Elizabeth Olson at (951) 955-9614. Thank you in advance for your assistance. Sincerely, BOB DOYLE, SHERIFF R4/~ Randy E. Throne Captain ....." cc: Captain Louis Fetherolf / /Attachments ""'" AGENDA ITEM NO. PAGE-.::L OF :S 5 Supplemental Law Enforcement Services Fund Expenditure Plan 2004-2005 ~~ r' City of Lake E1 s i nore Beginning Fund Balance 108,378.69 Current Year Allocation 100,000.00 EXDenditures Planned Salaries and Benefits 50,000.00 Services and Supplies Equipment 50,000.00 Administrative Overhead Total Planned Expenditures 100.000.00 ~ ,-- Date approved by the City Council: October 12, 2004 The City Manager hereby certifies that the Supplemental Law Enforcement Services Plan was submitted to the City Council by the chief law enforcement officer for the City and approved as listed above. ~' ~. /]L/g!- ity Manager Mi2d7Ji Please provide the name of a contact person if there are any questions: Diane Block Name (951) 674-3124, 211 Telephone ~ /'"""" Riverside County SLESF Oversight Committee August26,2004 City 2004-5 expenditure plan.xls AGENDA ITEM NO. PAGE 5 OF 3 5 ~.. September 28, 2004: ~. ~.FUchardJ. VVatenpaugh City Manager . . City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 . Subj.ect: Cost Amendment No. 1- TuscaIW Hills North Subsequent EIR Project.No. 14820. . Pear Mr. VVatenpatigh: . . Per recent conversati()Ds. with Carole Donahoe, .we'. have prepared this contract . amendment to cover additional wdrk required to respond to the needs .of your project,. .This work is will be invoiced through the 'qty of~ke Elsinore following tile sameprocessasexphiinediu the original contract~ HDR is requesting an additional $33,622 tobe :added to the existing- contractto cover these costs. This would be in addition to our original contractamountof$83,942 arid would cover the costs of the following:' . . . . . . . · Additional coordination to obtain project infonna~ion ap.d documentation necessary to comply.with.CEQA and to prepare a quality document; · . Addi~Qrial analysis required upon receipt of additional information resulting from coritinuingprojeet changes (e.g., design changes); ~ . Additional r~viewsof revised document sections; · Additionalgraphics efforts to revise graphics based upon project changes or additional infOrmation not previollsly available; . .. Additional graphics work associated with obtaining photos from videos, and performing a .visual simulation; . Additional analysis for off-site improvements; .' Additional noise modeling to meet the standards of other residential project .analysisin thesUITounding area; and . · CoordmationwithCityofLakeElsinore and all subcorisultants to set up website access to.tbeTechnical Appendices'and other supporting infonnation. . . . If the above is acceptable, please sign the acknowledgement below and retumto us at your earliest convenience. . "-111. .--" HDR Engineering. Inc, . AQEN.DArr.EMNo.;j:.......... .... .. PAGE~OF . . . . !I444.famhlllfl Stl'lillt Suite 300 San Dlego.CA92123-1300 . . . Phone (858) 712~ Fax (B58171Z-1l333 W\WI hdrirn:.com . Page 2 . Richard L Watenpaugh September 28; 2004 . ~ Pleasecoiltact us shouldyo.uhave'anyquestions concerning thi~ amendment,. .particularly if you need furth~rdetailsabout any of the.aboveadditional costs. . HDR looks forward to a continuingprofe.ssional relationship with the City of Lake Elsinore. . . Sinc~rely , HDR ENGINEERING, IN"C · ~~K~~ Department Manager cc: Mr; William Chopyk, HDR . Ms. Carole Donahoe, City of Lake Elsinore . " Mr. Dean Pernkone, CentexHornes " Mr, Darren Stroud, Nossalllau.and Associates Acknowledgement" .~ By: pate Mr. Rich<crrdeJ.Watenpaugh City Manager . " City of Lake "Elsinore. "~ HDREngineering; Ine, ". ." ."1-\ AQENOA ITf::MNO." ...... ." PAQE~OF.4---.~ NORTH PEAK Ci) AI j o LIMITS OF SURROUNDING lAND USES ARE APPROXIMATE. BALANCE OF SURROUNDING lAND USE IS MADE UP OF FEDERAL PROPERlY & PRIVATE HOLDINGS FROM CORONA AND ORANGE COUNTY ~I ! . . , rr~ f ; r~ I L~ L.JRAMSGA~ I ~(approve~ L_ . . l COlTONWOOD HILLS (partially buUt) LAKE ELSINORE TO SAN DIEGO SOURCE: HUNSAl<ER 8l ASSOClAlES 1RV1~. INC. TITlE: TIlICANY Surrounding Land Use II HUNSAKffi. &; AS9;XIA rei . IR VINE, 11Il:. It-lAND EMPIRE REGION t ~ NOT 10 SCALE AQENOA .TEM NO......:i-. PAGE..!:LOF~ <, A~j ~~~. rJ~~~~ BILLS EXHIBIT 7 ,......... CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: RICHARDJ. WATENPAUGH DATE: OCTOBER 12, 2004 SUBJECT: AWARD OF CONTRACT - DUST CONTROL BACKGROUND On June 22, 2004, City Council approved funding in the amount of$150,000 for the maintenance of dirt streets. The funding increased the service level of dirt street maintenance by providing annual grading of all dirt streets along with an annual application of Magnesium Chloride for dust control. ,......... DISCUSSION In order to accomplish the dust control portion of our dirt street maintenance program, staff solicited for bids to retain a contractor for the application of magnesium chloride. The sealed bid opening was held at City Hall on Thursday September 16,2004 at 2:00 PM. The scope of work includes the application of magnesium chloride on dirt road surfaces located within the City limits of Lake Elsinore. Staffwishes to retain a contractor for one year with a renewable contract not to exceed three years. FISCAL IMPACT One contractor submitted a bid. The bid results were as follows: South Western Sea1coating Inc. $ 72,483.84 Funding is available in the Streets Operation Budget account number 100-4421-434-20- 20. RECOMMENDATION Staff recommends that the Mayor and City Council authorize the City Manager to execute a contract agreeme~with South Western Sealcoating Inc. to provide dust control services as described in this re ort ORKS MANAGER PREP AIRED BY: APPROVED BY: "...." APPROVED FOR ~ ~ AGENDA LISTING: . ~ . tJv CHARD J. WATENPA~- C MANAGER AOENDA ITEM NO., S; PAGE--L-OP31 - Contractors Reference Check Contractor South Western Sealcoating, Inc. Project Dust Control Program for Dirt Streets Reference Yuma County Department of Public Works Name of Reference Contact Interviewed Bill Beck Phone Number of Reference Interviewed 928-341-2506 Date of Interview 9/29/04 Reference Interview Question and Answers: What.was the scope of work performed by the contractor? Dust Control What was the total project cost? $91,260 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? V ery Well. On a scale of 1 to 10 how would you rate the contactors overall performance with 10 being excellent? 8. 'yery easy to work with and believes you will be very pleased in working with John Church and his organization. ACENOA ITEM NO. PAGE. ~ """ """" "-"" 5 OF ?/) "'" SPECIFICATIONS FOR FISCAL YEAR 2004/2005 DUST CONTROL PROGRAM FOR DIRT STREETS BID OPENING SEPTEMBER 16, 2004 - 2:00PM "'" City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 (909) 674-5170 ~ 1 AGENDA ITEM NO.' S" PAGE 1 OF . ~ 1- ......, TABLE OF CONTENTS SCOPE OF WORK 3 . . ..5 . . . . 6 11 12 14 16 18 19 20 21 22 24 ......, NOTICE INVITING SEALED BIDS ... INSTRUCTIONS TO BIDDERS.. PROPOSAL. ..... BID SCHEDULE . SIGNATURE PAGE . . . . BID BOND . . . .. .... NON-COLLUSION AFFIDAVIT DESIGNATION OF SUB-CONTRACTORS ... DECLARATION REGARDING LICENSE STATUS .......... LIST OF REFERENCES.. CONTRACT AGREEMENT . . CONTRACTOR'S CERTIFICATE - Workman's Compensation.. SPECIFICATIONS - Wage Rates and Labor Code Requirements . 25 Standard Specifications ...... 27 Special provisions ....... ... .... ..... 28 ......, 2 ACENDA ITEM NO. 5 PAOE lj' OF "7/7. ~ INSTRUCTIONS TO BIDDERS BIDDERS KNOWLEDGE Bidders must satisfy themselves by personal examination of the work site, Plans, Specifications, and other Contract documents, 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 th~ 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 are 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 not guaranteed. When unit prices are indicated on the proposal form, the bidder .~ 6 AGENDA ITEM NO.. 5 PAGE S- Of ~ 'J 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 un~t prices are required, the extended amount of each item shall be computed from the unity price bid on the proposal and quanti ty gi ven 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 indicatei 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 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, Lak$ 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 ~ proj ect 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 proposai 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 form shall be without interlineations, alterations, or erasures. 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: ~ 7 AGENDA ITEM NO. PAGE (A 5 T (lf3? /"" /"" "....... (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 Licens~ 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; 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. . 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 bidders 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. 8 AGENDA ITEM NO. 5 PACE J OF .3:l-.~:'.<- 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 bidde+ 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 reject all proposals. The acceptance of a bid proposal wili 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 bidder may be required to submit, 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. ""-" EXECUTION OF CONTRACT The bidder to whom award is made shall execute a written Contract: with the Agency and furnish Certificates of Insurance specified by the Agency within ten (10) calendar days after not;:.ification of award, unless an extension of time is granted to the bidder in wri ting. 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, 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 for the Corporation. Failure of the bidder Contract and submit specified may be just to whom the award is insurance certificates, cause for annulment of made to execute a within the time the award and the "" 9 ACiENOA ITEM NO. PAGE $ S' OF 37 ~ 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, 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 th~ ~ Equal Opportunity Clause. ~ 10 AGENDA ITEM NO. PACE cr 5" _ OF ~! TO ACCOMPANY BID SUBMITTAL DUST CONTROL PROGRAM FOR DIRT S'l'REETS ....., 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 in the manner and time prescribed will result in forfeiture to the City of the guarantee accompanying thi$ ~ 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 rej ect any or all proposals or to wai V$ formality or technicality in any proposal in the interest of the Agency. . ~ 11 "~OA ITEM NO. PAGE 10 5 Of sf] - ~ 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 insurance policies within ten (lO) 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 perjury, that they are licensed to do business or act in the capacity of a contractor within the State of California and that they are validly licensed as follows: License Number: ~ Classification: Expiration Date: This statement is true and correct and has the legal.effect of an affidavit. ~ 13 AGENDA ITEM NO. S PAGE II Of '? 1 .......,. 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. Signature must be made by a general partner) Note: 4. Place of Business (Street and Number) Zip Code City and State 5. Telephone Number .......,. 14 ACENDA ITEM NO. 5 PAGE I~ OF ~7 J-,- ,-- 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 Mr.:..;~,.Y"Y~ ;, ~'~~/J ..-~(i.. PAVE' 1:3 s- OF 37 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 liability 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: DUST CONTROL PROGRAM FOR DIRT STREETS 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 such construction and shall execute and deliver the 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, we here hereunto set our hands and seals on this day of , 2004. BY: BY: Signature of Principal Signature of Surety Name and Title Name and Title Address Address ......" 16 AGENOA fTEM NO. 5 . PACE_.l!LOF ~7 ~ ~ ~ THIS BOND MUST BE NOTARIZED. ATTACH NOTARY CERTIFICATE HERE. 17 AGENDA ITEM No.5 PAGE J.e; oJ ~1 1 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) the of (Title) (Contractor) the party making the foregoing bid for the construction referred to as: DUST CONTROL PROGRAM FOR DIRT STREETS and that the bid is not made in the interest of, or on behalf of,: and undisclosed person, partnership, company, association, organizatio~, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any bther 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 the proposed Contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted 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. DATE PLACE SIGNATURE NAME ......, 18 AGENDA ITEM NO. PACE J 67 5 Of 3, ,-... 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 Code of the State of California and any amendments thereto, the undersigned certifies that he has used the sub-bids of the following listed subcontractors in making up his bid for the construction referred tQ as: DUST CONTROL PROGRAM FOR DIRT STREETS 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 ACENDA .reM NO. S- PACE } J. Of '3 7 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 PAOE l~ OF 31 ~ TO ACCOMPANY BID SUBMITTAL NAME OF CONTRACTOR: LIST OF REFERENCES DUST CONTROL PROGRAM FOR DIRT STREETS The following are the names, addresses, and telephon~ 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 . r"'. 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 AVENDA fTEM NO. 5 PACE ... 19~OF3.7 = CITY OF LAKE ELSINORE CONTRACT AGREEMENT ~ This Contract Agreement is made and entered into this day of , 2004 by and between the City of Lake Elsinore and as Contractor for the construction referred to as: DOST CONTROL PROGRAM FOR DIRT STREETS WITNESSETH that the City of Lake Elsinore and the Contractor have mutually agreed as follows: ARTICLE I The Contract documents for the aforesaid proj ect shall consist of the Notice Inviting Bids, Instructions to Bidders, Proposal, Generai 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 ~greements 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 the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices ~ 22 AGENDA ITEM NO. ~ PACE a~ OF ~ 1 - ,..-.... aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract documents; ARTICLE V Contractor acknowledges the provisions of the State Labor Code requ~r~ng 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/oi:' corporate officers having a principal interest herein. IN WITNESS 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. PACE () I 5 OF 37 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) By being insured against liability to pay compensation B) 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..." 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.) .....,; 24 AGENDA ITEM NO. 5 PACE ~.(j. OF ..32_ ,-... 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 Code. 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 pertainirig to their location. APPRENTICES Section 177.5 requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupatio~ 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 established for the administration employs registered apprentices or trade and if other contractors on such contributions. to make contributions to funds of apprenticeship programs if he journeymen in any apprenticeable the public works site are making 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 prim~ 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 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 .",...-.. 25 ACENDA ITEM NO. PAGE J~ 5 OF 31 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. . ~ ....., 26 AOENOA ITEM NO. PAGE ,14 s Of 37 - ",.--. 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 from: 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; technicai specifications or other Contract documents. . -. ",.--. 27 AGENDA ITEM NO. DAf:1= :Jc:. OF ) ~J 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 all applicable City permits and make arrangements for City inspections~ The City will issue encroachment permits at no charge to th~ 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 trasn 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. ......" 29 AGENDA ITEM No.5 PACE ~ OF. 57 ~ BID FROM SOUTH WESTERN SEALCOATING ~ ,,-... ACiENOA ITEM No.5 PACE a.. 7 Of:3 J TO ACCOMPANY BID SUBMITTAL DUST CONTROL PROGRAM FOR DI~T STREETS ~ PROPOSAL Name of Bidder: South Western Sealcoatinq, Inc. Address of Bidder: P.O. Box 1040 Murrieta, CA. 92564 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 apart of thi~ proposal. i 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 ~ Contract with the City at the unit and/or lump sum prices set forth in the following bid schedule. Bidder understands that failure t9 enter into a Contract in the manner and time prescribed will result in forfeiture to the City of the guarantee accompanying thi* 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 rej ect any or all proposals or to wai ve formali ty or technicality in any proposal in the interest of th~ .Agency. ....., 11 -AGENDA ITEM NO. PACE ~ s OF 37 TO ACCOMPANY BID SUBMITTAL ~ NAME OF BIDDER: South Western Sealcoatinq, Inc. DUST CONTROL PROGRAM FOR DIRT STREETS BID SCHEDULE DESCRIPTION QTY UNIT COST TOTAL COST $72,483.84: Apply Magnesium Chloride 2,787,840 sq ft $0.026 Total amount of bid in words: Sevety two thousand fIDur hundred eig~ty rhrpp nnllnr~ nnd eighty I~ur cents. Total amount of bid in numbers: $ 72,483.84 ~ NOTE: Unit cost is to cover all related costs to the application of Magnesium Chloride on a dirt road that has already been graded. Cost is to include cost for application of water' to the road prior to the application of Magnesium Chloride product. The City will cover the cost of the water; the Contractor will cover the cost of a watet truck and operator. ' Application rate of Magnesium Chloride is to be one half (1/2) gallon per square yard. The product'will not be diluted with water~ The mix will contain a minimum concentration of 30% congentration. : ~ 12 ACENDA ITEM NO. PAr.r: 2 ct I I I I nc ~/I s ......, TO ACCOMPANY BID SUBMITTAL NAME OF BIDDER: South Western Sealcoating, Inc. The Undersigned has checked carefully all of the above figures anq understands that the City will not be responsible for any error or omissions on the ~art of the Undersigned in making up this bid. The Undersigned agrees that in case of defaul t in executing the required Contract with necessary 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 th~ check or bond accompanying this bid shall become the property of the City of Lake Elsinore. . . The Undersigned bidder declares, under penalty of perjury, that they are licensed to do business or act in the capacity of a contractot within the State of California and that they are validly licensed as follows: . License Number: 678645 Classification: C-12 10/31/2005 ,...., Expiration Date: This statement is true and correct and has the legal.effect of an affidavit. """ 13 AGENDA fTEM NO. PAce31J OF ,,--." TO ACCOMPANY BID SUBMITTAL IF A CORPORATIOH,SIGH HERE: 1. Name under which business is conducted South Western Sealcoatiilg, Inc. 2. Name of each officer of corporation (indicate office) James Flory President Karen Flory Secretary John Church Vice President 3. Signature {Given and surname and title of officer authorized to Sign1?2~L . John Church Vice President (Impress Corporate Seal here) /"" 4. Incorporated under the laws of the State of CAlifornia 5. Place of Business 23644':Adams :Ave;~;.. j!;U'Cl", ;.'c,: " (Street and Number) City and State Murrieta, CA. Zip Code92562 6. Telephone Number 909-677-6228 r--. 15 AGENOAtTEM NO. S PAGE 3/ of_37 TO ACCOMPANY BID SUBMITTAL CITY OF LAKE ELSINORE, CA BID BOND ~ KNOW ALL MEN BY THESE PRESENTS, That South Western Sealcoating, Inc. , 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 adrrdnistrators, successors or assigns, jointly severally, firmly by these presents. i In no case shall the liability of said SURETY hereunder exceed the sum of $ 7,248.38 . ; 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: : DUST CONTROL PROGRAM FOR DIRT STREETS '-'" NOW, THEREFORE, if the aforesaid PRINCIPAL is awarded the Contract and within the time and manner required under the Specifications $hall duly enter into and execute a Contract for such construction and shall execute and deliver the Contract documents. described, then :this obligation shall become null and void; otherwise it shall be and r~in 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 reasonabie attorney's fee to be tixed by the Court. : we here hereunto set our hands and seaJ.is on , 2004. BY: Signature of Surety M .John Church Vi~p President Name and Title P. O. Box 1040 Murrieta, CA. 92564 Address Name and Title Address 16 - ......", ACem:~ t~M NO. 5 PAC~_32.__ OF :--~2- ~ TO ACCOMPANY BID SUBMITTAL CITY OF LAKE ELSINORE, CA NON-COLLUSION DECLARATION (Public Contract Code Section 7106) I, John Church do hereby declare that I am (Name) the Vice President of South Western Sealcoatingl' Ipc. (Title) (Contractor) the party making the foregoing bid for the construction referred to :as: DUST CONTROL PROGRAH FOR DIRT STREETS ~ and that the bid is not made in the interest of, or on behalf of,: and undisclosed person, partnership, company, association, organizatio~, or corporation; that the bid is genuine and not collusive or sham; that . the bidder has not directly or indirectly induced or solicited any bther 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 9f anyone interested in the proposed Contract; that all state~ents contained in the bid are true; and, further, that the bidder has inot, directly or indirectly, submitted 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, qr 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~ september 8, 2004 DATE Murrieta, CA. PLACE <~? ./ SIGNATURE . John Church NAME ~ 18 AGENDA ITEM NO. C;. PACE- 33 OF ""if TO ACCOMPANY BID SUBMITTAL NAME OF CONTRACTOR: South Western Sealcoating, Inc. ......, CITY OF LAKE ELSINORE DESIGNATION OF SUBCONTRACTORS In compliance with the provision of Section 4100-4113 of the Code of the State of California and any amendments thereto, the undersigne~ certifies that he has used the sub-bids of the following listed subcontractors in making up his bid for the construction referred tej> as: DUST CONTROL PROGRAM FOR DIRT STREETS 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 N/A '-'" ~~ ~ignature of Bidder John Church Name Vice President Title "'" 19 AGENDA ITEM: No.5 PACE '3 i-OF ~J ---- ---- ---- TO ACCOMPANY BID SUBMITTAL CITY OF LAKE ELSINORE DECLARATION REGARDING LICENSE STATUS Active I do hereby declare that our/my Contractor's license is and expires on 10/31/2005 true and correct. I declare under penalty of perjury that the foregoing is Executed this a at Murrieta, day of S9pt8mber , California. , 2004. Signat"5e ~~~~ print~ John Church Title Vice President Signing on behalf of (if applicable) 20 AOENDA ITEM NO. 5 PACE- .35 OF 17 TO ACCOMPANY BID SUBMITTAL ~ NAME OF CONTRACTOR: South Western Sealcoatinq, Inc. LIST OF REFERENCES DUST CONTROL PROORAH FOR DIRT S'l'REETS The following are the names, addresses, and telephone numbers for three (3) public agencies for which BIDDER has performed similat work within the past two(2) years: 1. County of Riverside 2950 Washington St. Riverside, CA. 92504 Name and Address of OWner Paui Russle 909-955-6899 Name and Telephone Number of Person Familiar with Project $16.081.00 Contract Amount Dust Control, TYPe of Work On Going Date Completed 2. County of Los Angeles 1100'N. Eastern Ave. Rm. 103 ~ Name and Address of OWner Los Angeles, CA. 90063 DAvid Hoyle 661-727-1528 Name and Telephone Number of Person Familiar with Project $105,000.00 AnnualContract Dust Control Contract Amount TYPe of Work On Going Date Completed 3. Yuma County Dept. of Public Works 2703 Ave. B. Yuma, AZ. 8536( Name and Address of Owner Bill Beck 928-341-2506 Name and Telephone Number of Person Familiar with Project $91,260.00 Annual Contrct Dust Control Contract Amount Type of Work . On Going Date Completed "'" 21 AGENDA ITEM NO. . ') 1 PACE ,3Cn OF ~ ,,-... 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) By being insured against liability to pay compensation B) By securing from the Director of Industrial Relations <it 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..." The undersigned is aware pf 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 witb such provisions before commencing the performance of the work ot this :::::~~~~ DATE ~-<P-=y PRINT~E John Church .....--. TITLE "ice Pr~5inpnt- COMPANY eouth Western Sealcoating, Inc. P.O. Box 1040 Murrieta, CA. 92564 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 prio~ to the Contractor performing any work under this Contract.) , ,,-... 24 ACENOA ITEM NO. PACE ~) r; OF ~) _ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL ~. TO: HONORABLE MAYOR AND CITY COUNCIL FROM: RICHARD J. WATENPAUGH, CITY MANAGER DATE: CITY COUNCIL MEETING OF OCTOBER 12, 2004 SUBJECT: TENTATIVE TRACT MAP NO. 31106 (CANYON HILLS SPECIFIC PLAN) APPLICANT Pardee Homes 1181 California Avenue Suite 103 Corona CA 92881 Attention: Mr. Jim Stringer REQUEST Request that the City Council approve Tentative Tract Map No. 31106. -- BACKGROUND Staff presented the application at the September 21, 2004 Planning Commission meeting. The Planning Commission heard staffs report, accepted public testimony, considered the application, and adopted Resolution No. 2004-135, which recommended that the City Council approve Tentative Tract Map No. 31106. Please refer to Attachment A for the staff report and minutes from the September 21, 2004 Planning Commission meeting. The Planning Commission staff report further describes the proposed project. PROJECT LOCATION The project site is located within the Canyon Hills Specific Plan area, which is within the eastern boundaries of the City of Lake Elsinore, east of the 1-15 Freeway. Direct access to the Specific Plan area is from the 1-15 Freeway to Railroad Canyon Road, which crosses the northwest comer of the Specific Plan area. Canyon Hills Road connects with Railroad Canyon Road and the property from west to east. Lost Road is constructed onsite and connects off of Canyon Hills Road in the north to south direction. The Tentative Tract Map (TTM) No. 31106 site is located near the northeast comer of Canyon Hills Road and Lost Road. Refer to Attachment B, which presents the project location in relationship to the overall Canyon Hills Specific Plan. PROJECT DESCRIPTION Proposed TTM No. 31106 further subdivides a large lot that was previously created with TTM No. 30754. TTM No. 30754, which was approved by the City Council in June 2003, subdivided a 35-acre area into 146 lots, of which 127 of these lots were intended for single-family residential lots. The 127 single-family lots, which is called the "Riverbend" development, is presently being constructed by the applicant, Pardee Homes. ",..-... AGENDA ITEM N~. 1.. \ PAGE---L- OF3 7 REPORT TO CITY COUNCIL OCTOBER 12, 2004 PAGE 2 ,...", SUBJECT: TENTATIVE TRACT MAP NO. 31106 Future residences to be constructed with proposed TTM No. 31106 will be a continuation of this Riverbend development. Refer to Attachment C which presents the locations ofTTM Nos. 30754 and 31106. The City Council is being requested to review and approve TTM No. 31106. Please refer to Attachments D and E which are a reduction. and full sized set of TTM No. 31106, respectively. Pardee Homes proposes to subdivide the project site into 122 total individual lots, comprised of 108 individual single-family detached residential lots; nine lettered lots for landscaping, open space, and drainage facilities; and five lettered lots for private streets. The residential lots measure between 3,273 sf. to 7,202 sf.; average lot size is 4,298 sf. It should be noted that the Canyon Hills Specific Plan permit 3,000 sf. minimum small-lot subdivisions within the MF2 Zone, which is the zoning district for the project site. The proposed tract map complies with the minimum lot size standard contained in the Canyon Hills Specific Plan. The tract will be entered from two entries directly off of Canyon Hills Road. One of the entries ("A" Street) will provide full-entry (right-turn in/out and left-turn in/out). "A" Street will have a 60-foot right-of-way, two travel lanes, parkways, and sidewalks. Rosemary Drive will also provide full entry access directly off of Canyon Hills Road. Rosemary Drive will have a 60-foot right-of-way, two travel lanes, parkways, and sidewalks. The internal streets will be privately-owned and maintained by the Homeowner's Association. These private streets will have a 42-foot ROW, two travel lanes, parkways, and sidewalks. DISCUSSION The Planning Commission supported the proposed project and recommended approval for the following ~ reasons: 1. The Proiect is Consistent with Desien Standards Contained in the Canyon Hills Specific Plan: City Planning and Engineering have reviewed the proposed tentative tract map and have no concerns, if required conditions of approval are satisfied. The proposed tentative tract map is consistent with standards contained in the Canyon Hills Specific Plan relating to lot size, lot width, lot depth, street widths, and other Planning and Engineering standards and requirements. In addition, the proposed tentative tract map is consistent with the lot configuration that was designed with TTM No. 30754. The proposed tract map will construct smaller lots. The 108 individual detached residential lots measure between 3,273 sf. to 7,202 sf.; average lot size is 4,298 sf. It should be noted that the Canyon Hills Specific Plan permit 3,000 sf. minimum small-lot subdivisions within the MF2 Zone. The proposed tract map complies with the minimum lot size standard contained in the Canyon Hills Specific Plan. 2. Proposed TTM No. 31106 Complies with Conditions Established with TTM No. 30754: As discussed, proposed TTM No. 31106 further subdivides a large lot that was originally created with TTM No. 30754, which was approved by the City in 2003. TTM No. 30754 included a Condition of Approval (CO A No. 14), which required the applicant to subdivide the proposed TTM No. 31106 into individual single-family residential lots. Said Condition reads as follows: "Prior to construction of Lot 128 (which is the TTM No. 31106 area), the applicant shall final a new tract map for the Lot 128 area, which subdivides said lot for single-family detached residential units." .~ AGENDA ITEM NO. ). I PAGE .~ OF 3 7 .~ REPORT TO CITY COUNCIL OCTOBER 12, 2004 ,-... PAGE 3 SUBJECT: TENTATIVE TRACT MAP NO. 31106 Proposed TTM No. 31106 implements the Condition of Approval since it further subdivides the project area (Lot 128) into individual single-family residential lots. 3. Proposed TTM No. 31106 is an Extension of the Riverbend Development: As discussed, the applicant is presently constructing the Riverbend development which was subdivided by TTM No. 30754. Proposed TTM No. 31106 is contiguous to the Riverbend development area and will therefore, extend and continue construction oftbe Riverbend development. The Planning Commission reviewed and approved design of the Riverbend development in July 2003. The Planning Commission recommended approval of the project, though they expressed concerns regarding the lots' small size. They understood that the lot sizes were consistent with the development standards contained in the Canyon Hills Specific Plan. No one from the public spoke. The applicant accepted the Conditions of Approval during the Planning Commission meeting. ENVIRONMENTAL The Addendum to the 1989 Final Canyon Hills Specific Plan Environmental Impact Report, which was prepared in accordance with Section 15164 of the State CEQA Guidelines, provides the necessary environmental clearances for the proposed tract map. The proposed tract map is permitted by right by the Canyon Hills Specific Plan. Accordingly, staff believes the proposed tentative tract map implements the land use objectives and requirements of the Specific Plan and finds that further environmental evaluation is unnecessary. r-- FISCAL IMPACTS All areas within Canyon Hills, including the project site, are currently annexed into Community Facilities District (CFD) No. 2003-01 (City-Wide CFD for Police, Fire and Paramedics) and CFD No. 2003-02" (Funding, Construction, and Acquisition Agreement between the City and Pardee Homes). These CFDs 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 City-maintained lighting and landscaping. RECOMMENDA nON Staff recommends that the City Council approve Tentative Tract Map No. 31106, based on Attachments A, B, C, D, and E; the Planning Commission Findings; and subject to the attached Conditions of Approval. REVIEWED BY: ~a, Senior Planner Armanoo G. Villa Planning and Code Enforcement Manager PREPARED BY: ,-... AQENDA ITEM NO. 21 PAGE 3 OF ?7 REPORT TO CITY COUNCIL OCTOBER 12, 2004 PAGE 4 '-' SUBJECT: TENTATIVE TRACT MAP NO. 31106 APPROVED BY: ob Brady Community Developm APPROVED FOR AGENDA LISTING: ~~-/J.&j- Cl anager's Office ATTACHMENTS Attachment A: September 21, 2004 Planning Commission staff report and minutes Attachment B: Location Map for TTM No. 31106 Attachment C: Location of TTM Nos. 30754 and 31106 Attachment D: Reduction of TTM No. 31106 Attachment E: Full-size copy ofTTM No. 31106 ......, ...., AGlENDA ITEM NO. ;}. , PAGE-.!:t. OF 1t 7 ~ ATTACHMENT A SEPTEMBER 21, 2004 PLANNING COMMISSION STAFF REPORT ~ ~ :1-\ AGENDA. ITE~ ~O. . - ) 7: PAGE Of_ PLANNING COMMISSION STAFF REPORT ~ City of Lake Elsinore Planning Dnisim 130 S. Main Street Lake Elsinore, CA 92530 (909) 674-3124 II II DATE: September 21,2004 TO: Chairman and Members of the Planning Commission FROM: Robert A Brady, Community Development Director PREPARED BY: Duane Morita, Senior Planner PROJECf TITLE: APPLICANT: Tentative Tract Map No. 31106 Pardee Homes; 1181 California Avenue; Suite 103; Corona CA 92881; Attention: Mr. Jim Stringer PROJECT REQUEST: ....." Approval to subdivide an approximate 16-acre area into 122 separate lots for the following: 108 single-family detached residential lots; nine lettered HOA landscaping, open space, and drainage lots; and five lettered HOA street lots pursuant to the Canyon Hills Specific Plan; Tide 16 of the Gty Municipal Code relating to Subdivisions; and the State Subdivision Map Act. PROJECT LOCATION: The project site is located within the Canyon Hills Specific Plan area, which is within the eastern boundaries of the Gty of Lake Elsinore, east of the 1-15 Freeway. Direct access to the Specific Plan area is from the 1-15 Freeway to Railroad Canyon Road, which crosses the northwest comer of the Specific Plan area. Canyon Hills Road connects with Railroad Canyon Road and the property from west to east. Lost Road is constructed onsite and connects off of Canyon Hills Road in the north to south direction. The Tentative Tract Map (TfM) No. 31106 site is located near the northeast comer of Canyon Hills Road and Lost Road. Refer to Exhibit A, which presents the project location in relationship to the overall Canyon Hills Specific Plan. BACKGROUND: Proposed TIM No. 31106 further subdivides a large lot that was previously created with TIM No. 30754. TIM No. 30754, which was approved by the Gty Council in June 2003, subdivided a 35- . acre area into 146 lots, of which 127 of these lots were intende~. for single- family residentl111o!s. . .. \ AQENOA lTEM NO. I- '. PAGE-1L OF ,~I ....." ~ r- "'- REPORT TO PLANNING COMMISSION SEPTEMBER 21,2004 PAGE 2 PROJECT: TENTATIVE TRACT MAP NO. 31106 The 127 single-family lots, which is called the "Riverbend" development, is presently being constructed by the applicant, Pardee Homes. Future residences to be constructed with proposed TIM No. 31106 will be a continuation of this Riverbend development. Refer to Exhibit B which presents the locations of TIM Nos. 30754 and 31106. ENVIRONMENTAL SETTING: EXISTING LAND USE ZONING GENERAL PLAN Project Site Vacant Canyon Canyon Hills Specific Plan Hills Specific Plan - MF2 North Vacant Canyon Canyon Hills Specific Plan Hills Specific Plan-Open Space East Vacant Canyon Canyon Hills Specific Plan Hills Specific Plan-Open Space South Vacant Canyon Canyon Hills Specific Plan Hills Specific Plan-Open Space and SF2 West Single-family residential Canyon Canyon Hills Specific Plan Hills Specific Plan-MF1 PROJECT DESCRIPTION: Pardee Homes proposes to subdivide the project site into 122 total individual lots, comprised of 108 individual single- family detached residential lots; nine lettered lots for landscaping, open space, and drainage facilities; and five lettered lots for private streets. The following describes features proposed with TIM No. 31106: . The Canyon Hills Specific Plan designates the proposed tract map area as Planning Area U; zoning is MF2. The Canyon Hills Specific Plan permits those single-family detached residential lots that are being propos~d with TIM No. 31106. AQENDA ITEM NO. -1 ,- - PAGE-::L OF '3/ REPORT TO PLANNING COMMISSION SEPTEMBER 21, 2004 PAGE 3 PROJECf: TENTATIVE TRACT MAP NO. 31106 .~ · The 108 individual detached residential lots measure between 3,273 sf. to 7,202 sf.; average lot size is 4,298 sf. It should be noted that the Canyon Hills Specific Plan permit 3,000 sf. minimum small-lot subdivisions within the MF2 Zone. The proposed tract map complies with the minimum lot size standard contained in the Canyon Hills Specific Plan. · Mille lettered lots are proposed for landscaping, open space, and drainage facilities. · Five lettered lots are proposed for private streets. The tract will be entered from two entries directly off of Canyon Hills Road. One of the entries ("A" Street) will provi~e full-entry (right- turn in! out and left-turn in! out). "A" Street will have a 60-foot right-of-way, two travel lanes, parkways, and sidewalks. Rosemary Drive will also provide full entry access directly off of Canyon Hills Road. Rosemary Drive will have a 60-foot right-of-way, two travel lanes, parkways, and sidewalks. The internal streets will be privately owned and maintained by the Homeowner's Association. These private streets will have a 42-foot ROW, two travel lanes, parkways, and sidewalks. Refer to Exhibit C, which presents proposed Tentative Tract Map No. 31106. DISCUSSION: Staff supports Tentative Tract Map No. 31106. Staff believes the proposed residential subdivision implements the at)" General Plan and Canyon Hills Specific Plan which intend for single-family detached residential development to be constructed onsite. The applicant has worked diligently with staff in resolving issues relating to the proposed project. .....; ANAL YSIS: The following discusses why staff supports the proposed tract map. 1. The Project is Consistent with Design Standards Contained in the Canyon Hills Specific Plan: City Planning and Engineering have reviewed the proposed tentative tract map and have no concerns, if required conditions of approval are satisfied. The proposed tentative tract map is consistent with standards contained in the Canyon Hills Specific Plan relating to underlying zoning, lot size, lot width, lot depth, street widths, and other Planning and Engineering standards and requirements. In addition, the proposed tentative tract map is consistent with the lot configuration that was designed with TIM No. 30754. The proposed tract map will construct smaller lots. The 108 individual detached residential lots measure between 3,273 sf. to 7,202 sf.; average lot size is 4,298 sf. It should be noted that the Canyon Hills Specific Plan permit 3,000 sf. minimum small-lot subdivisions within the MF2 Zone. The proposed tract map complies with the minimum lot size standard contained in the Canyon Hills Specific Plan. .....; AGENDA rniM NO. :J \ PAGELOF 37 REPORT TO PLANNING COMMISSION SEPTEMBER 21, 2004 PAGE 4 ""'"' PROJECT: TENTATIVE TRACf MAP NO. 31106 2. Proposed TTM No. 31106 O>mplies with O>nditions Established with TTM No. 30754: As discussed, proposed TIM No. 31106 further subdivides a large lot that was originally created with TIM No. 30754, which was approved by the Oty in 2003. TIM No. 30754 included a Condition of Approval (COA No. 14), which required the applicant to subdivide the proposed TIM No. 31106 into individual single-family residential lots. Said Condition reads as follows: "Prior to construction of Lot 128 (which is the TIM No. 31106 area), the applicant shall final a new tract map for the Lot 128 area, which subdivides said lot for single- family detached residential units." Proposed TIM No. 31106 implements the Condition of Approval since it further subdivides the project area (Lot 128) into individual single-family residential lots. 3. Proposed TTM No. 31106 is an Extension of the Riverbend Development: As discussed, the applicant is presently constructing the Riverbenddevelopment which was subdivided by TIM No. 30754. Proposed TIM No. 31106 is contiguous to the Riverbend development area and will therefore, extend and continue construction of the Riverbend development. The Planning Commission reviewed and approved design of the Riverbend development in July ~ 2003. ENVIRONMENTAL DETERMINATION: The Addendum to the 1989 Final Canyon Hills Specific Plan Environmental Impact Report, which was prepared in accordance with Section 15164 of the State CEQA Guidelines, provides the necessary environmental clearances for the proposed tract map. The proposed tract map is permitted by right by the Canyon Hills Specific Plan. Accordingly, staff believes the proposed tentative tract map implements the land use objectives and requirements of the Specific Plan and finds that further environmental evaluation is unnecessary. STAFF'S RECOMMENDATION: It is recommended that the Planning Commission adopt Resolution No. 2004-_, which recommends that the Gty Council approve Tentative Tract Map No. 31106 based upon the following Findings, and subject to the attached Conditions of Approval. FINDINGS: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the Gty General Plan and Canyon Hills Specific Plan; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. "" The project is ronsistent uith the desig[1t:lted land use planning area, deudoprrmt and design standards) and all aher appropriate requirerrmts contaimi in the Canym Hills Speafic Plan, General Plan, City Muniapal GxIe, and S ulxJj7.isian Map A ct. AQENDA .TEM NO. 9- \ "'-. PAGE....5i. OF 3 7 REPORT TO PLANNING ~OMMISSION SEPTEMBER 21, 2004 PAGE 5 PROJECT: TENT ATIVE TRACT MAP NO. 31106 ......" 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government (})de Section 66473.5). TIx Gerrral Plan designates the project site as fCCany;n Hills SpeGjic Plan". TIx prgea is consistent Wth the land use plan, deudopmmt and desif!ll standards and prugram, am all other appropriate rrquirerrmts contain:d in the Can;on Hills SpeGjic 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. TIx project is mnsistent Wth the Ci1:y's Gerrral Plan am Can;on Hills SpeGjic Plan, Wil praride rKX1?5sary public senU:es am fcu:ilities, Wl1 pay all appropriatefees,and Wl1 not result in any cukrse emirorTl1i71tal inpaa:. 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). TIx project Wl1 comply Wth all appropriate mnsermtion rrquirerrmts if the Ci1:y and Uniform Building Ca:Ie. REVIEWED BY: "'-" APPROVED BY: EXHIBITS A Site Vicinity in Relationship to Canyon Hills Specific Plan B Site Location of TIM Nos. 30754 and 31106 C Reduction of Tentative Tract Map No. 31106 Full-Size Set of Tentative Tract Map No. 31106 """ AGENDA ITEM NO. - -2. f "- PAGEJJL OF '] 7 /"'" IX: w II) :::f: ::> z w .... VI Z IX: 0 0 ::> .00( -< ::> 0 0 0 <:> 0 a:: a:: ~ a:: a:: IX: Z ... 0 0 Z l- ..., Z :s ~ .00( :i :::f: n. r . . , . , . . 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I ~ ~ I Iln Iln 111I 1I'1 11111 I! .111 p::;:j IIII!IUlnllal. .1.1. 1111 hln r-:x: ~~ ~ j::::~ ~ ~ t--: ...t~.D~.t.li.I.II"'." I r I .e 1,1 · I I V:iill.~~~::~~!:!~:!~ ,,-. ~: i t ,\r.: ~~~~--~-_._~------~ ~!!g!!!~!55!~~!9!! ;.g&'&..I!~!il!!~1 '. , ...~~.~~...~._-~~-~~._._------ ~;55gS!39~;!~!!!S~~~~!~~~~~~5~ ;.Qz..~..~~~R~~R~R~.;.~&..~... I. I i-~~.~~~~-~~~~~~~~~~~~~2~~~~~~f AQENDA ITEM NO..} I . (r~ ' , PAGE \") OF~ ------------------------------ s~!!9!!~!5!~~~~!~~~~!!!!!3!!!! . ~~~~~~~~~..~~~..~..a~~Q&..~..a -~------~--------------------- 5m~'~Sm~~~~~~~~!5~~~~~!~~~ i~ ~ I !i I 0Cl ~~ If IL \.D o ,-4 ,-4 ~ c5 z ~ E--4 E--4 ~ u~ ~~ E9g ~o rTI ~ ..- ,,~-, CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31106 PARDEE HOMES .....J PLANNING DIVISION GENERAL 1. Tentative Tract Map No. 31106 will expire two years from date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the Gty of Lake Elsinore Gty Council in accordance with the Subdivision Map Act. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per Gty Council approval. 2. Tentative Tract Map No. 31106 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMq, unless modified by approved. Conditions of Approval. 3. Future development shall comply with those standards and guidelines contained in the Residential Element, CommerciaVInstitutional Element, Public Facilities and SeIVices Element, Resources Management Element, Grculation Element, Zoning Element, and Community Wide Implementation Element as contained in the Canyon Hills Specific Plan document. 4. Tentative Tract Map No. 31106 shall comply with the State of California Subdivision Map Act } and applicable requirements contained in the Canyon Hills Specific Plan document and the Lake -..If Elsinore Municipal Code (LEMq, unless modified by approved Conditions of Approval. 5. Future development shall comply Vvlththose requirements and provisions contained in the Canyon Hills Development Agreement and Canyon Hills Public Facilities and SeIVices Financing Agreement. 6. The applicant shall participate in the Gty of Lake Elsinore Gtywide. Landscaping and Street Lighting District, as appropriate. 7. The applicant shall provide all project-related onsite and offsite improvements as described in the Canyon Hills Specific Plan document. 8. The applicant shall implement those mitigation measures identified in the 1989 Final Canyon Hills Specific Plan EIR and the 2003 Addendum to the Final Canyon Hills Specific Plan EIR 9. All future proposals shall be reviewed by the Gtyon a project-by-project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 10. Future construction of TIM No. 31106 shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the Gmnty Fire Department. J \ AENOA nEM NO. oL :.....,I PAGE.l::L OF 3 7. ---- CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31106 PARDEE HOMES ( Continued) 11. The applicant shall defend (with counsel acceptable to the Gt}1, indemnify, and hold hannless the Gty, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the Gty, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Canyon Hills Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and/ or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. PRIOR TOFINAL TRACTMAP 12. All lots shall comply with minimum standards contained in the Canyon Hills Specific Plan. 13. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 14. Street names within the subdivision shall be approved by the Community Development Director or Designee. 15. All of the improvements shall be designed by the applicant's Gvil Engineer to the specifications /'"'" of the Gty of Lake Elsinore. 16. The applicant shall comply with all requirements of the Riverside County Fire Department. 17. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). PRIOR TODESIGNREVIEWAPPROVAL 18. All future structural development associated with this map requires separate Design Review approval. 19. Prior to Design Review approval, the applicant shall show the following: . Prepare Conceptual Landscape Plan for Model Home Complex which describes species, size, and location of trees, shrubs, groundcover, hardscape, ete. to be provided. . Show that architectural treatments and articulation will be provided along all elevations, not only the front elevations. At a minimum, foam surrounds will be provided around all windows located along the side and rear elevations. /'"'" . Those side and rear elevations that are within the public view will be provided with additional architectural enhancements and articulations. . Show that those materials provided along the front elevations (ie. bl.ick, stone, ete.) will wrap around the side elevation and be flush with the front return walls. AQENDA ITEM NO. 9-1 PAGED-OF 37 ' CONDITIONS OF APPROVAL TENTATIVE TRACf MAP NO. 31106 PARDEE HOMES ( O:mtinued) ,..., · All front return walls shall be constructed of decorative masonry concrete block Wooden front returns are not allowed. · Perimeter walls around the subdivision shall be of decorative masonry concrete block 20. Design for all drainage basins proposed with Tentative Tract Map No. 31106 shall be approved by the Gty Engineer and Community Development Director or designee. Security fencing shall also be shown. Chain-link fencing is prohibited. PRJOR TO BUILDING PERMIT/GRADING PERMITS 21. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 22. The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 23. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved by the Fire Department for future phases. Said Plan and Program shall show those special treatments necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable veg,=tation and shall describe the method of removal and installation, and provisions for maintenance. ,..., 24. The applicant shall comply with the following Gty programs: the Gty Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 25. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the Gty Engineer, for all required utility services. 26. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 27. All subdivision tracts shall annex into the existing Canyon Hills Homeowner's Association. 28. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 29. Pay all applicable fees including park fees. 30. The applicant shall provide connection to public sewer for each lot within any subdivision. No . service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. .......,; AQENDA ITEM ~~. . ?-- \ PAGE..i.iL OF 37 ~ CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31106 PARDEE HOMES ( Continued) 31. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following: · Show that a masonry or decorative block wall will be constructed along the entire tract boundary. · Show materials, colors, and heights of rear, side and front walls/fences for proposed lots. · Show that front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. · Show that side walls for comer lots shall be decorative masonry block walls. · Show that those materials provided along the front elevations (ie. brick, stone, ete.) will wrap around the side elevation and be flush with the front return walls. 32. The applicant shall submit plans to the electric utility company for a layout of the street lighting system The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the Oty and shall be installed in accordance with the Oty Standards. ~ 33. The applicant shall meet all requirements of the providing electric utility company. 34. The applicant shall meet all requirements of the providing gas utility company. 35. The applicant shall meet all requirements of the providing telephone utility company. 36. A bond is required guaranteeing the removal of all trailers used during construction. 37. All signage shall be subject to Planning Division review and approval prior to installation. 38. 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 Oty's Grading Ordinance, subject to the approval of the Gty 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. 39. The Oty'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. . AQENOAITEM NO. .c:t1" 0- : . . . PAGEll OF 37 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31106 PARDEE HOMES ~ ( Continued) ""'" 40. The applicant shall post a $5,000.00 perfonnance bond or other acceptable form of security to address future law enforcement needs that may be caused by potential project construction violations. The performance bond shall remain in effect for the term of construction and shall be: (1) acceptable to the applicant, (2) in a form approved by the Gty Attorney, and (3)' reasonably addresses additional enforcement requirements that are not feasibly addressed by the Sheriff's Office. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 41. The applicant shall restrict all construction traffic from using Lost Road, south of the project boundary. All construction traffic will access the project area from Canyon Hills Road. 42. Throughout construction, as deemed appropriate by the Gty and the applicant, fugitive dust suppression along Lost Road to minimize fugitive dust generation shall be applied. Fugitive dust suppression techniques may include soil watering, application of soil binders, and/or placement of gravel or other appropriate material to minimize vehicle generated dust. ENGINEERING 43. Dedicate and improve full half-width street cross section of Canyon Hills Road. Cross section shall comply with Canyon Hills Specific Plan requirements. '""" 44. Cedar Creek Lane street improvements shall be consistent with alignment and grade of existing street. 45. Show cross section along tract boundary with existing tract. 46. Grading or altered drainage into the jurisdictional areas shall reqwre a pemut from the appropnate agency. 47. Street lights shall comply with the Mount Palomar Lighting Requirements. 48. Graded slopes shall not exceed a 2:1 ratio. 49. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMq prior to final map approval. 50. Underground water rights shall be dedicated to the Gty pursuant to the provisions of Section 16.52.030 (LEMq, and consistent with the Gty's agreement with the Elsinore Valley Municipal Water District. 51. Pay all Capital Improvement and Plan Oleck fees (LEMC 16.34, Resolution 85-26). 52. Submit a "Will Serve" letter to the Gty Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter . prior to final map approval. - -. . - . - . AGENDA IT~~~ ~~-. --2-} :-.. .' - .' - "- PAGE.lK.. OF .3 7 ~ ~ CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31106 PARDEE HOMES ( Olntinued) 53. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the Engineering Manager priorto final map approval (LEMC 16.34). 54. Street improvement plans and specifications shall be prepared by a Calif. Registered Gvil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and GtyCodes (LEMC 12.04 and 16.34). 55. Applicant shall enter into an agreement with the Gty for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 56. Interior streets shall be designed with 9 percent as the desired grade and intersecting streets shall meet at a maximum grade of 6 percent. 57. 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). 58. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1;2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. ~ 59. Applicant shall install 2 permanent bench marks to Riverside County Standards and at a location to be determined by Gty Engineering Manager. 60. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 61. Arrangements for relocation of utility company facilities (power poles, vaults, ete.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 62. Provide fire protection facilities as required in writing by Riverside County Fire. 63. Provide street lighting and show lighting improvements as part of street improvement plans as required by the Gty Engineering Manager. 64. Applicant shall annex to the City's Street Lighting and landscaping Maintenance District. 65. Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 66. 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. ~ 67. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and! or discs which are compatible with Gty's ARC Info/ GIS or applicant to pay $300 per sheetfor Gty digitizing. ."" -_: - -~ -- i') \' - AQENDA ITEM NO. '~' --- - . PAGE.J1. OF 3 7 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31106 PARDEE HOMES ( Continued) "-'" 68. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 69. Apply and obtain a grading pennit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Gvil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the Gty Engineering Manager. 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. 70. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 71. 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. 72. 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. """"'" 73. Prior to commencement of grading operations, applicant to provide to the Gtywith 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 Engineering Manager. 74. Applicant to provide to the Gty a photographic baseline record of the condition of all proposed public Gty haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the Gty Engineering Manager. 75. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 76. 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" . 77. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed byamethod approved by the Gty Engineering Manager. 78. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 79. Meet all requirements of LEMC 15.68 regarding floodplain management. ....", 80. Applicant to provide FEMAelevation certificates prior to certificate" of occupancies 1 , A(ilENDA ITEM NO. ". PAGE ~() OF 37 ,...... CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31106 PARDEE HOMES ( Continued) 81. Site development along the lake perimeter will reqmre special grading and flood proofing requirements (LEMC 15). 82. Submit Hydrology and Hydraulic Reports for review and approval by Gty Engineering Manager and the Riverside County Flood Control District prior to approval of final map. Applicant shall mitigate any flooding and! or erosion caused by development of site and diversion of drainage. 83. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 84. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the Gty Engineering Manager. 85. 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. 86. 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. ",.-- 87. A drainage acceptance letter will be necessary from the downstream property owners for oudetting the proposed stormwater run-off on private property. 88. Applicant will be required to install BMPs using the best available technology to mitigate any urban pollutants from entering the watershed. 89. 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 BMPs that will be implemented for the development including maintenance responsibilities. 90. 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. 91. Education guidelines and BMPs 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. ",.-- 92. Applicant shall provide first flush BMPs using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. AQENDA ITEM NO. 2- J PAGE..2i OF 37 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31106 PARDEE HOMES ( Continued) ....., 93. 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. 94. 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. ....." "'-'" AQENOA ITEM NO~ 1-1 PAGE ,? ?-OF 37 I RESOLUTION NO. 2004- ,...... A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE OTY COUNOL OF LAKE ELSINORE APPROVAL OF TENTATIVE TRACT MAP NO. 31106 WHICH SUBDIVIDES APPROXIMATEL Y 16 ACRES OF THE CANYON HILLS SPEOFIC PLAN AREA INTO U2 TOTAL LOTS WHEREAS, Pardee Homes has submitted an application for Tentative Tract Map No. 31106, which subdivides approximately 16 acres of the Canyon Hills Specific Plan area into 122 total lots, including 108 single-family detached residential lots; nine lettered HOA open space, landscaping, and drainage lots; and five lettered HOA lots for private streets. The Canyon Hills Specific Plan area is located within the eastern boundaries of the Gty of Lake Elsinore, east of the 1-15 Freeway. Direct access to the area is from the I -15 F reewayto Railroad Canyon Road, which crosses the northwest comer of the Specific Plan area. TIM No. 31106 is located near the northeast comer of Canyon Hills Road and Lost Road; WHEREAS, the Planning Commission of the Gty of Lake Elsinore has been delegated with the responsibility of ma~g recommendations to the Gty Council pertaining to subdivision of land; and WHEREAS, public notice of said application has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on September 21, 2004. ~ NOW THEREFORE, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has consideredthe proposed subdivision, Tentative Tract Map No. 31106, prior to making a decision to recommend that the Gty Council approve the proposed subdivision. The Planning Commission finds and determines that the Addendum to the Final Canyon Hills Specific Plan EIR is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of TIM No. 31106. SECTION 2. That in accordance v.~th State of California Subdivision Map Act and requirements of the G1Y of Lake Elsinore the following findings for the approval of Tentative Tract Map No. 31106 have been made as follows: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the GtyGeneral Plan and Canyon Hills Specific Plan; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is consistent Wth the designated land use planning arm, deudapm::nt and design standards, and all other appropriate requirerrmts wntainal in the Canym Hills Specific Plan, General Plan, Ci1:y Munidpal Cafe, and S ulxli'lision Map A a. ,... 2. The proposed subdivision is compatible with the objectives, policies, gener.tlland uses and programs.specified in the General Plan (Government Code Section 66473.5). The Gaual Plan designat!5 the projea site as "CanymHills Specific Plan". The projea is consistent Wth the land lIse plan, deudoprrent and design standards and pragram, and all other a:ppropridte requirerrmts wntainal inthe Qtrrj;n, Hills Specific Plan --j \ . AGENDA I-TEM NO.~ PAGE210F -31 ~ 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. ......, The project is wnsistent Wth the City's General Plan and Canpz Hills Specific Plan, Wll proUde nea:ssary puhlic serria5 and facilities, Wll pay all appropriate fees, and Wl1 na 1r:'Sult in any adwse emironrrmtal inpaa. 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). . The project Wil conply Wth all appropriate wnsenntian requirerrmts if the City and Uniform Building Oxie NOW, 1HEREFORE, based on the above findings, the Planning Commission of the Gtyof Lake Elsinore DOES HEREBY RECDMMEND that the GtyCouncil of the Gtyof Lake Elsinore approve Tentative Tract Map No. 31106. Ron LaPere, Chainnan Lake Elsinore Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting '-" thereof conducted on September 21,2004 by the follow-ing vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: A TIEST: Robert A Brady, Secretary to the Planning Commission ......, AGENDA ITEM NO.--6.L. PAGE..l10F ) 7}' PAGE 5 - PLANNING COMMISSION:MINUTES - September 21,2004 ~ PUBLIC HEARINGS 5. Tentative Tract Map No. 31106. Pardee Homes. O1airman LaPere opened the Public Hearing at 6:25 PM, and requested the reading of the Staff Report. Director of Community Development Brady stated that this was a re No. 31106 by Pardee Homes, and requested that Senior Planner the Conunission. o Tentative Tract Map o review the project with Senior Planner Morita stated that the applicant was requ into 122 separate lots for 108 single-family detached re . open space, and drainage lots; and five lettered Specific Plan. He stated that the site was locate ^ noted that the residential lots measured between 3,273 average lot size was 4,298 square feet. He coInInented tll 3,000 square feet minimum small-lot s .visions within proposed tract map complies with the min size standar ~ e podium. Mr. Dennis. Pardee migh n Beach, stated that he was the representative for be available to answer any questions that the Conunission he had read and agreed to the Conditions of Approval. There being no furthe the table for Commiss. ents from the public, O1airman LaPere brought the discussion back to er comments. Commissioner Larimer stated that the Canyon Hills area was beautiful. However, she indicated that the lots were too small. She stated that many of the new homeowners were coming from San Diego and Orange County, and were used to larger lots. She had no further comments. ..-- Agenda Item No 2- I Page.2S- of J I PAGE 6 - PLANNING COMMISSION MINUTES - September 21, 2004 Vice Chairman O'Neal stated that he had opposed some developments in Lake Elsinore with what he considered small lot sizes. However, he noted that those lots were in a different development and area that he viewed differently than this project. He stated that this project was approved by Gty Council over a year ago and therefore he fully supported Staffs recommendations. ~ Chairman LaPere stated that he concurred with the Commission views on the lot sizes. He asked Staff about Condition No. 41, which discussed the use of Lost Road for onstruction. He stated that he did not feel that the Condition was strong enough. He indi he would like to see that the applicant prohibit construction traffic from using Lost Ro Mr. Raime indicated that should the construction traffic use He noted the comments for the smaller lots. He stated t very reasonable. He stated that there was already a were a hot item on the market. uld receive a penalty. market driven, and stated that they Chairman LaPere stated that Pardee Homes does an ex would be a park. Mr. Raime state that there would be a 25 a Chairman LaPere had no further comments. There being no further c requested the reading e Public Hearing at 6:37 PM, and ~ AND PASSED BY A 2-1 VOTE, WITH D UHLRY ABSENT, TO APPROVE SOLUfION OF THE PLANNING COMMISSSION , CALIFORNIA, RECOMMENDING TO THE RE APPROVAL OF TENTATIVE TRACT MAP DE APPROXIMATELY 16 ACRES OF THE CANYON A INTO 122 TOTAL LOTS. BUSINESS ITEMS None Agenda I~m No ') } Page~of 37 ~ r' w II) 0: 0 0 :;) .0( .0( 0 0 0 0 01: 01: 01: 0: at w 0 0 I- .... Z ~ .0( ::E :i . . . . . . . . . . . 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Ii I w-- ""1 I. :::;;: -- -!l '1111' ~ ~ ~~ Ii "!,': ~<t ~~ ~Il <: I-~;:: I !Jj (J ~~ &'1 U. ~ ~ ~ Ii;. 11;11 .111 fi.!. I If l ~rl f , 1 f. i 1 i ~ J ;:~i.'. ; 1 ~~ ~ I ~I ~ \C Q ~ ~ f'f') o z ~ ~ Q~ ~~ zO ~Z ~O =E= UUI < ~jJ ~ Q: ~~.: < ~j! =! CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31106 PARDEE HOMES .....J PLANNING DIVISION CONDITIONS GENERAL 1. Tentative Tract Map No. 31106 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 oftime is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. Additional extensions oftime (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Tentative Tract Map No. 31106 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements ofthe Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 3. Future development shall comply with those standards and guidelines contained in the Residential Element, Commercial/Institutional Element, Public Facilities and Services Element, Resources Management Element, Circulation Element, Zoning Element, and Community Wide Implementation Element as contained in the Canyon Hills Specific Plan document. 4. Tentative Tract Map No. 31106 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Canyon Hills Specific Plan document and the Lak~ Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 5. Future development shall COJl1ply with those requirements and provisions contained in the Canyon Hills Development Agreement and CanyonHills Public Facilities and Services Financing Agreement. -..-I 6. The applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 7. The applicant shall provide all project-related onsite and offsite improvements as described in the Canyon Hills Specific Plan document. 8. The applicant shall implement those mitigation measures identified in the 1989 Final Canyon Hills Specific Plan EIR and the 2003 Addendum to the Final Canyon Hills Specific Plan EIR. 9. All future proposals shall be reviewed by the City on a project-by-project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 10. Future construction ofTTM No. 31106 shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department. 11. The applicant shall defend (with counsel acceptable to the City), indemnifY, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Canyon Hills Specific Plan, which action is bought within the time period provided for in California 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. -..JI AQENDA 'TEM NO. 2 \ " PAGE 3D OF37 r--. CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31106 PARDEE HOMES (Continued) PRIOR TO FINAL TRACT MAP 12. All10ts shall comply with minimum standards contained in the Canyon Hills Specific Plan. 13. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 14. Street names within the subdivision shall be approved by the Community Development Director or Designee. 15. All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 16. The applicant shall comply with all requirements of the Riverside County Fire Department. 17. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). PRIOR TO DESIGN REVIEW APPROVAL 18. All future structural development associated with this map requires separate Design Review approval. 19. Prior to Design Review approval, the applicant shall show the following: r-- . Prepare Conceptual Landscape Plan for Model Home Complex which describes species, size, and location of trees, shrubs, groundcover, hardscape, etc. to be provided. . Show that architectural treatments and articulation will be provided along all elevations, not only the front elevations. At a minimum, foam surrounds will be provided around all windows located along the side and rear elevations. . Those side and rear elevations that are within the public view will be provided with additional architectural enhancements and articulations. · Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. · All front return walls shall be constructed of decorative masonry concrete block. Wooden front returns are not allowed. · Perimeter walls around the subdivision shall be of decorative masonry concrete block. 20. Design for all drainage basins proposed with Tentative Tract Map No. 31106 shall be approved by the City Engineer and Community Development Director or designee. Security fencing shall also be shown. Chain-link fencing is prohibited. /'""' AQENDA 'TEM NO.~ PAGE.3.LOF~ CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31106 PARDEE HOMES (Continued) ......, PRIOR TO BUILDING PERMIT/GRADING PERMITS 21. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 22. The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 23. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved by the Fire Department for future phases. Said Plan and Program shall show those special treatments necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable vegetation and shall describe the method of removal and installation, and provisions for maintenance. 24. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 25. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the City Engineer, for all required utility services. 26. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). ......, 27. All subdivision tracts shall annex into the existing Canyon Hills Homeowner's Association. 28. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 29. Pay all applicable fees including park fees. 30. The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 31. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following: · Show that a masonry or decorative block wall will be constructed along the entire tract boundary. · Show materials, colors, and heights of rear, side and front walls/fences for proposed lots. · Show that front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. · Show that side walls for comer lots shall be decorative masonry block walls. "-"" ~NOA ITEM NO.~ . PAGE..l2:. OF J 7 - CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31106 ,-.... PARDEE HOMES (Continued) . Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. 32. The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 33. The applicant shall meet all requirements ofthe providing electric utility company. 34. The applicant shall meet all requirements of the providing gas utility company. 35. The applicant shall meet all requirements of the providing telephone utility company. 36. A bond is required guaranteeing the removal of all trailers used during construction. 37. All signage shall be subject to Planning Division review and approval prior to installation. ~ 38. 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. 39. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 40. The applicant shall post a $5,000.00 performance bond or other acceptable form of security to address future law enforcement needs that may be caused by potential project construction violations. The performance bond shall remain in effect for the term of construction and shall be: (1) acceptable to the applicant, (2) in a form approved by the City Attorney, and (3) reasonably addresses additional enforcement requirements that are not feasibly addressed by the Sheriffs Office. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 41. The applicant shall restrict all construction traffic from using Lost Road, south of the project boundary. All construction traffic will access the project area from Canyon Hills Road. 42. Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust suppression along Lost Road to minimize fugitive dust generation shall be applied. Fugitive dust suppression techniques may include soil watering, application of soil binders, and/or placement of gravel or other appropriate material to minimize vehicle generated dust. ,-... :2( AGENDA ITEM NO. PAGE 2.2. OF '3 7 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31106 PARDEE HOMES (Continued) ....., ENGINEERING DIVISION CONDITIONS 43. Dedicate and improve full half-width street cross section of Canyon Hills Road. Cross section shall comply with Canyon Hills Specific Plan requirements. 44. Cedar Creek Lane street improvements shall be consistent with alignment and grade of existing street. 45. Show cross section along tract boundary with existing tract. 46. Grading or altered drainage into the jurisdictional areas shall require a permit from the appropriate agency. 47. Street lights shall comply with the Mount Palomar Lighting Requirements. 48. Graded slopes shall not exceed a 2: I ratio. 49. 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. 50. 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. 51. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). ....., 52. 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. 53. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the Engineering Manager prior to final map approval (LEMC 16.34). 54. 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). 55. 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. 56. Interior streets shall be designed with 9 percent as the desired grade and intersecting streets shall meet at a maximum grade of 6 percent. 57. 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). 58. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 12" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. ~ AGENDA ITEM NO. :J.- \ PAGEh.OF37 "" CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31106 PARDEE HOMES (Continued) 59. Applicant shall install 2 permanent bench marks to Riverside County Standards and at a location to be determined by City Engineering Manager. 60. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 61. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility ofthe property owner or his agent. 62. Provide fire protection facilities as required in writing by Riverside County Fire. 63. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineering Manager. 64. Applicant shall annex to the City's Street Lighting and landscaping Maintenance District. 65. Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 66. 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. ~ 67. 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 applicant to pay $300 per sheet for City digitizing. 68. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 69. 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 Engineering Manager. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 70. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 71. 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. "" 72. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to I for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. AGENDA ITEM NJ). 1- \ PAGE ,]~ OF 57 .. CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31106 PARDEE HOMES (Continued) ~ 73. 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 Engineering Manager. 74. 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 Engineering Manager. 75. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 76. 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". 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 Engineering Manager. 78. Meet all requirements ofLEMC 15.64 regarding flood hazard regulations. 79. Meet all requirements ofLEMC 15.68 regarding floodplain management. ......, 80. Applicant to provide FEMA elevation certificates prior to certificate of occupancies 81. Site development along the lake perimeter will require special grading and flood proofing requirements (LEMC 15). 82. Submit Hydrology and Hydraulic Reports for review and approval by City Engineering Manager and the Riverside County Flood Control District prior to approval of final map. Applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 83. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 84. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineering Manager. 85. 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. 86. 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. 87. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. '-" AGENDA ITEM NO. 9- \ PAGE 3 {} OF 37 ..~ ~ CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31106 PARDEE HOMES (Continued) 88. Applicant will be required to install BMPs using the best available technology to mitigate any urban pollutants from entering the watershed. 89. Applicant shall provide the city with proof of his having filed a Notice ofIntent 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 BMPs that will be implemented for the development including maintenance responsibilities. 90. 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. 91. Education guidelines and BMPs shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 92. Applicant shall provide first flush BMPs using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. ...-- 93. 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. 94. 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. ...-- AGENDA ITEM NO. 2- \ PAGE.J::L OF :5 7 ,...... CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: RICHARD J. WATENPAUGH, CITY MANAGER DATE: OCTOBER 12,2004 SUBJECT: ZONE CHANGE NO. 2004-01 AND TENTATIVE TRACT MAP NO. 32129 AND MITIGATED NEGATIVE DECLARATION NO. 2004-05 APPLICANT: ED SAULS, THE SAULS COMPANY, 742 SUMMIT DRIVE, SUITE 100, LAGUNA BEACH, CA 92651 OWNER: WAYNE N. SIMARD, P. O. BOX 5189, CRESTLINE, CA 92323 LOCATION: APROXIMATELY TWO MILES NORTHEAST OF THE INTERSTATE 15/STATE HIGHWAY 74 (CENTRAL AVENUE) INTERCHANGE, AT THE SOUTHERN END OF TRELLIS LANE, SOUTH OF SHARON STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-110-021 AND A PORTION OF 347-110-022. ,-.... REQUEST . Approval to change the zoning of a portion of the subject property from "RR Rural Residential" to "Rl single Family Residential;" and . Approval of Tentative Tract Map No. 32129 (TTM 32129) to subdivide 10:!: acres of vacant property into 27 single family residential lots and seven (7) open space lots; and . Adoption of Mitigated Negative Declaration No. 2004-05 (MND 2004-05) 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. ,-.... AQENDA ITEM NO. )) "'-... PAGE--1- OF 1-\ 7 REPORT TO CITY COUNCIL OCTOBER 12, 2004 PAGE 2 OF 3 SUBJECT: ZONE CHANGE NO. 2004-01, TENTATIVE TRACT MAP NO. 32129 AND MITIGATED NEGATIVE DECLARATION NO. 2004-05 .,.." BACKGROUND At their regular meeting of August 17, 2004, the Planning Commission adopted Resolution Nos. 2004-115,2004-116 and 2004-117, recommending that City Council adopt MND 2004- 05, and approve Zone Change No. 2004-01 and TTM 32129 with Revised Conditions of Approval. Copies of the Planning Commission Minutes, Staff Report, and Revised Conditions of Approval are attached. The Commission heard testimony from Mr. Adel Abusamra who owns property adjacent to the project site. Mr. Abusamra spoke in favor ofthe map and thanked Staff. 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 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 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. No responses were received. A copy of the Initial Study/Mitigated Negative Declaration with Technical Appendices, and a copy of the Mitigation Monitoring Program are included with this Staff Report as Exhibit 'A.' RECOMMENDATION Staff recommends that City Council adopt Resolution No. 2004-12, adopting Mitigated Negative Declaration No. 2004-05 and the Mitigation Monitoring Program thereto for this project; adopt Ordinance No. _l\"c).~, approving Zone Change No. 2004-01; and approve ~ '} 2- AQENDA ITEM NO. j., PAGE ?- OF L\-, /"'"' REPORT TO CITY COUNCIL OCTOBER 12, 2004 PAGE 3 OF3 SUBJECT: ZONE CHANGE NO. 2004-01, TENTATIVE TRACT MAP NO. 32129 AND MITIGATED NEGATIVE DECLARATION NO. 2004-05 Tentative Tract Map No. 32129; based on Exhibits 'A,' 'B,' 'D,' and the Commission Findings, and subject to the attached Conditions of Approval. PREPARED BY: REVIEWED BY: Enforcement Manager APPROVED BY: APPROVED FOR ~1_ . fl AGENDA LISTING BY: ~ R( rdJ~en~gh~& JfjW- /"'"' A IT ACHMENTS: 1. Vicinity Map 2. Resolution No. 2004-_, adopting Mitigated Negative Declaration No. 2004-05 and the Mitigation Monitoring Program a. Exhibit 'A'- Initial Study/Mitigated Negative Declaration No. 2004-05 with Teclmical Appendices, and the Mitigation Monitoring Program 3. Ordinance No. _, approving Zone Change No. 2004-01 a. Exhibit 'B' - Zone Change No. 2004-01 b. Exhibit 'c' - Color Exhibit of Zone Change No. 2004-01 4. Revised Conditions of Approval for Tentative Tract Map No. 32129 a. Exhibit 'D' - Full-sized Tentative Tract Map No. 32129 b. Exhibit 'E' - Color, reduced Illustrative ofTTM 32129 5. Minutes from Planning Conunission Meeting of August 17,2004 6. Planning Commission Staff Report of August 17, 2004 (Separate Documents) (Enclosure) (Enclosure) (Enclosure) '" AQENDA ITEM NO. :J... 2 PAGE 3 OF l-\ , VICINITY MAP TTM 32129 (APN 347-110-021 AND A PORTION OF 347-110-022) ....., ~/ // /' /' /' ,/ /,,,,- -",' /,- ,," " JEREMIAH D I I I d I 1 I r----- 'II \ I L i/' \ /1 ~ \ / I \ lj~\- I \ I t---- ---f -'" I i I I I I // ( L_~_~__----- II : I I ,/! l . - --\.._------- I ~ PAGE Y OF L.I /4 ~ RESOLUTION NO. 2004- Co~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MIITIGATED NEGATIVE DECLARATION NO. 2004-05 AND THE MITIGATION MONITORING PROGRAM THERETO, FOR ZONE CHANGE NO. 2004-01, AND TENTATIVE TRACT MAP NO. 32129, ON APPROXIMATELY 10:tACRES LOCATED APPROXIMATELY TWO MILES NORTHEAST OF THE INTERSTATE IS/STATE HIGHWAY 74 (CENTRAL AVENUE) INTERCHANGE, AT THE SOUTHERN END OF TRELLIS LANE, SOUTH OF SHARON STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-110-021 AND A PORTION OF 347-110-022. WHEREAS, an application has been filed with the City of Lake Elsinore by The Sauls Company to change the zoning designation, and to divide approximately 10:!: acres ~ of unimproved property into 27 residential lots and seven (7) open space lots; and WHEREAS, Zone Change No. 2004-01, Tentative Tract Map No. 32129 and Mitigated Negative Declaration No. 2004-05 together comprise the "project" as defined by Section 21065 of the California Environmental Quality Act (CEQA), and the California Public Resources Code Section 21000 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. 2004-05 has been prepared to evaluate environmental impacts resulting from the project; and r" WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on August 17, 2004, made its report upon the desirability of the proposed project and made its recommendations in favor of adopting proposed Mitigated Negative Declaration No. 2004-05 by adopting Planning Commission Resolution No. 2004-115 recommending to the City Council adoption of Mitigated Negative Declaration No. 2004- 05; and AGENDA ITEM NO. '2 ':L /' PAGE ,5 OF~ RESOLUTION NO. 2004- MITIGATED NEGATIVE DECLARATION NO. 2004-05 OCTOBER 12, 2004 PAGE 20F3 ~ 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 October 12,2004; 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. Based on evaluations and discussions contained in the Initial Study and Mitigated Negative Declaration, the proposed project has limited potential to degrade the quality of the environment. The proposed project will not significantly affect the environment with mitigation measures in place. ...., 2. The proposed project will not have impacts that are individually limited but cumulatively considerable with mitigation measures in place. Given that the project impacts are insignificant, cumulative impacts are not foreseen. 3. The proposed project does not have the potential to significantly adversely affect humans, either directly or indirectly with mitigation measures in place. SECTION 2. PURSUANT TO THE ABOVE FINDINGS, the City Council of the City of Lake Elsinore DOES HEREBY RESOLVES that Mitigated Negative Declaration No. 2004-05 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 CEQA Guidelines, and the City's environmental clearance procedures "'-' AQENDA ITEM NO. ?- J- PAGE ~ OF-=tl ,-.... RESOLUTION NO. 2004- MITIGATED NEGATIVE DECLARATION NO. 2004-05 OCTOBER 12, 2004 PAGE 30F 3 PASSED, APPROVED AND ADOPTED, this 12th day of October, 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 ITEM NO. ) ') PAGE..::}... OFn ORDINANCE NO. J , 2. ~ ....., AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2004-01, CHANGING THE ZONING DESIGNATION FROM "RR - RURAL RESIDENTIAL" TO "Rl- SINGLE FAMILY RESIDENTIAL," UNDER THE ZONING ORDINANCE, ON IO:t ACRES LOCATED APPROXIMATELY TWO MILES NORTHEAST OF THE INTERSTATE IS/STATE HIGHWAY 74 (CENTRAL AVENUE) INTERCHANGE, AT THE SOUTHERN END OF TRELLIS LANE, SOUTH OF SHARON STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-110-021. WHEREAS, an application has been filed with the City of Lake Elsinore by The Sauls Company to change the zoning designation on approximately 10i: acres of unimproved property from "RR - Rural Residential" to "R-1" Single Family Residential;" and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on August 17, 2004, made its report upon the desirability of the proposed project and made its recommendations in favor of Zone Change No. 2004-01 by adopting Planning Commission Resolution No. 2004-116 recommending to the City Council approval of Zone Change No. 2004-01; 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 October 12, 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- 01 prior making a decision. The City Council finds and determines that Mitigated Negative Declaration No. 2004-05 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. ....., AQENOA ITEM NO. ;).). " PAGE '6 ~ ~ ORDINANCE NO. ZONE CHANGE NO. 2004-01 OCTOBER 12, 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. 2004-01 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 is the most similar zoning to the residential development occurring within the adjacent Ramsgate Specific Plan. If the subject property had remained part of a future specific plan, there is every likelihood that a transition such as the one proposed would have been designed for the area. ~ b. The proposed R-l zone provides development standards that protect the public health, 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. 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 "Future Specific Plan F," which accommodates residential development at a maximum density of 6 dwelling units per acre. The General Plan identifies issues to be addressed in this area, namely hillside grading, compatibility of development to adjacent uses, and impacts to biological resources. These issues were reviewed, addressed and considered by the Initial Environmental Study and within the design of this project. 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 347-110-021 to "Rl - SINGLE FAMILY RESIDENTIAL" UNDER THE ZONING ORDINANCE ~ AQENDA ITEM NO. J- :l PAGEloF..ll. ORDINANCE NO. ZONE CHANGE NO. 2004-01 OCTOBER 12, 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 land 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 1ih day of October, 2004 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: '-' AQENOA ITEM NO. J-?- PAGE~OF..:LL ----, ORDINANCE NO. ZONE CHANGE NO. 2004-01 OCTOBER 12, 2004 PAGE 40F4 PASSED, APPROVED AND ADOPTED UPON SECOND READING this lth 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..ll OF Prepared For: The Sauls Company @ 14 :',,::,<::':::::::: o.~ . .'. '. .'. .... ~"" ...... " ....... ............ 1\\" g . .'.: .' '.:.' .'.:.'.:,'.: . .... . . .. ... .. .... . . . .. ... . .. .... . . . .. ... . '. :::.:?~ ::.::::(:::::::::::::::::::::: ::::\...~:: :::::::::}::::::::::: ...........~~.~i..a;m. .............8...,. . . . . .. . . . : \>".~: i'" {~. .. '.' .: ::.:..:..:......... '. .', i . ''11ff: :.: : :. : :' ::. : :. : :. :'.,i\.f;I'!l' . ,..... : Ii" . .'. ~t A. i r . ,.... '.' '. .......,. '.' '. . ~ ~ "i: ~ h ::: .=:= ~ Prepared By: 1'1 HUNSAKER & ASSOCIATES IRVINE, INC. .---- .~ -. ...... ~.. .... .. E;;;; ..... ..... ....'i .. __ "__.n' ..' 0 ....>~~.in.:.~ .......~. .... I's . ...... I "- .Q.. I I i~r.JL1iJ~J)rive, T~"\ '3.2251 Zoning Designations I I Proposed Site T.T. 32129 : ":::::':":,:':':>>J Ramsgate Specific Plan I R-l: Single Family Residential (From Existing RR: Rural Residential) I RR: Existing Rural Residential ) I Distance to Adjacent Streets -. . 1----_....... w.o..ll ,.,......~ a.......'~ lOOP 400' '...... .. '. . 600' D.ae: Au._l, 10tN , --- 1:1 ....~t~w~~F -'. T..r.J$4~' r T.T.32129 Zoning Exhibit -- ---~ _-..---~----.-:-. Exhibit # /"'"' REVISED CONDITIONS OF APPROVAL /"'" FOR TENTATIVE TRACT MAP NO. 32129 ,...... '~2 AGENDA ITEM NO. ,f- " PAGEL2-0F~ CONDITIONS OF APPROV AL FOR TENTATIVE TRACT MAP NO. 32129 A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots APNs 347-110-021 and a portion of -022 ~ Revised bv the Plannim! Commission. AU/lUst 17. 2004 PLANNING DIVISION 1. Tentative Tract Map No. 32129 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. 32129 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. 32129, 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 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. PRIOR TO FINAL TRACT MAP: 5. The applicant shall comply with all Conditions of Approval prepared by the Riverside County Fire Department as listed in their transmittal dated March 11, 2004 attached. 6. All lots shall comply with minimum standards of the Rl Single Family Residential zone. 7. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 8. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. Page] of9 ......" AQENDA '.TEM NO. _ ')::L PAGE.J!:tOF.J:i.I" ,-. CONDITIONS OF APPROV AL FOR TENTATIVE TRACT MAP NO. 32129 A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots APNs 347-110-021 and a portion of -022 Revised bv the Planninll Commission. AUllust 17. 2004 9. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 10. The applicant shall comply with the Mitigation Monitoring Program prepared for Mitigated Negative Declaration No. 2004-05. 11. The applicant shall initiate and complete the formation of a homeowners' association, approved by the City, recorded and in place. All Association documents shall be reviewed and approved by the City and recorded, such as the Articles of Incorporation and Covenants, Conditions and Restrictions (CC & R's). The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. a. In the event that the Homeowners' Association fails to meet its responsibilities with regards to the maintenance of open space areas, the Lighting, Landscaping and Maintenance District shall automatically provide such maintenance and assess the HQA individual property owners for such service. ~ Revised by the Planning Commission, August 17, 2004. 12. The Final Map shall identify downslopes adjacent to streets as HOA Maintenance Easements. All HOA Maintenance Easements shall be planted, irrigated and maintained by the HOA. PRIOR TO GRADING AND BUILDING PERMITS: 13. 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. 14. 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. 15. Upon violation by applicant of the City's Noise Ordinance or Condition of Approval #14, 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 ,....... Page 2 of9 AQENOA ITEM NO. 2. ?- PAGE I)' OF 4 7 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32129 A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots APNs 347-110-021 and a portion of -022 ...., Revised bv the Planniml Commission, AUf!ust 17, 2004 Condition of Approval #14. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 16. 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. 17. 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. 18. 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. 19. 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. ...., 20. The applicant shall meet all requirements ofthe providing electric utility company. 21. The applicant shall meet all requirements of the providing gas utility company. 22. The applicant shall meet all requirements of the providing telephone utility company. 23. A bond is required guaranteeing the removal of all trailers used during construction. 24. All signage shall be subject to Planning Division review and approval prior to installation. 25. Landscape Plans for the tract shall include vegetative screening of all retention basins. 26. 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 Page 3 of9 ~ AGENDA ITEM NO. ~ :L PAGEJJaOF....!il ,......... CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32129 A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots APNs 347-110-021 and a portion of -022 Revised bv the Plannim! Commission. AUllust 17. 2004 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. 27. Prior to the approval of any final map, the applicant shall submit a phasing plan if multiple final maps are proposed, which show all phasing lines and the primary and secondary access for each phase. PRIOR TO DESIGN REVIEW: 28. All future structural development associated with this map requires separate Design Review approval. ,......... 29. Elevation drawings for Design Review shall include four-sided architectural features. 30. 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. 31. A detailed fencing plan shall be required for review and approval during the Design Review process. 32. A detailed phasing plan shall be required for review and approval during the Design Review process. a. Construction phasing plans shall include the location of construction fencing for each phase. b. Construction phasing plans shall indicate primary and secondary access and the location of all utilities for each phase. ENGINEERING DIVISION 33. Provide permission to construct and permission to drain onto adjacent property from the affected properties. "'" Page 4 0[9 AQENDA ITEM NO. & PAGEfl OF CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32129 A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots APNs 347-110-021 and a portion of -022 ......." Revised hv the Plannine Commission, Aueust 17. 2004 33. Pr.ocess a l.ot line adjustment t.o include the b.oundaries .ofL.ot 27 int.o this subdivisi.on. 34. Provide d.ocumentati.on that L.ot 27 is n.ot a requirement as an .open space l.ot f.or the adjacent devel.opment. 35. Pr.ovide drainage inf.ormati.on including .outlet details f.or L.ots "C", "D", "E" & "F". 36. Pr.ovide permissi.on t.o c.onstruct the terminati.on p.oint .of "B" Street. "B" Street shall be barricaded and signed as the temp.orary end .of the street. 37. Verify that detenti.on and first flush provisi.ons are provided either .on-site .or acc.ounted f.or .on the adjacent project. 38. M.odificati.ons t.o "J" Street shall require permissi.on fr.om affected pr.operty. 39. All Public W.orks requirements shall be c.omplied with as a c.onditi.on .of devel.opment as specified in the Lake Elsin.ore Municipal C.ode (LEMC) pri.or t.o issuance .of building permit. 40. Undergr.ound water rights shall be dedicated t.o the City pursuant t.o the provisi.ons .of Secti.on 16.52.030 (LEMC), and c.onsistent with the City's agreement with the Elsin.ore Valley Municipal Water District. ......." 41. Pay all Capital Impr.ovement and Plan Check fees (LEMC 16.34, Res.oluti.on 85-26). 42. Submit a "Will Serve" letter t.o the City Engineering Divisi.on fr.om the applicable water agency stating that water and sewer arrangements have been made f.or this pr.oject. Submit this letter pri.or t.o issuance .of building permit. 43. C.onstruct all public w.orks impr.ovements per approved street plans (LEMC 12.04). Plans must be appr.oved and signed by the City Engineer pri.or t.o final map appr.oval (LEMC 16.34). 44. Street improvement plans and specificati.ons shall be prepared by a Calif. Registered Civil Engineer. Impr.ovements shall be designed and c.onstructed t.o Riverside C.ounty R.oad Department Standards, latest editi.on, and City C.odes (LEMC 12.04 and 16.34). 45. Applicant shall enter int.o an agreement with the City f.or the c.onstructi.on .of public w.orks improvements and shall p.ost the appr.opriate b.onds pri.or t.o issuance .of Building Permit. Page 5 of9 ....." 2?-. AQENDA ITEM ~9' ~ PAGE ) i OF '11 ~ CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32129 A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots APNs 347-110-021 and a portion of -022 Revised bv the Planning Commission, August 17, 2004 46. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 % 47. 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). 48. 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. 49. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 50. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. .~ 51. 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. 52. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 53. Developer shall annex to the City's Street Lighting and Landscaping Maintenance District. 54. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 55. 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. 56. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 57. 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 "" Page 6 of9 ?-?- AQENDA ITEM NO. _ PAGE n OF...:LJ. CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32129 A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots APNs 347-110-021 and a portion of -022 ....." Revised bv the Plannin1! Commission. AU1!ust 17. 2004 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. 58. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 59. An Alquist-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. 60. 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. 61. 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. ....." 62. 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 suchroads, 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. 63. 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". 64. 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. 65. Meet all requirements ofLEMC 15.64 regarding flood hazard regulations. 66. Meet all requirements ofLEMC 15.68 regarding floodplain management. 67. The applicant to provide FEMA elevation certificates prior to certificate of occupancies 68. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Page 7 0[9 "-wfII AQENOA ITEM NO. ?- ?-. PAGE ?-O OF..ll -- CONDITIONS OF APPROV AL FOR TENTATIVE TRACT MAP NO. 32129 A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots APNs 347-110-021 and a portion of -022 Revised hv the Planninll Commission, AUllust 17, 2004 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. 69. 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. 70. 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. 71. 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. 72. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. -- 73. 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. 74. If required, the applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 75. 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. 76. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. '"" Page 8 of9 d-~ AQENDA lTEM NO. ...!:LJ. ~, PAGE ~ \ OF .1 CONDITIONS OF APPROV AL FOR TENTATIVE TRACT MAP NO. 32129 A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots APNs 347-110-021 and a portion of -022 ......" Revised hv the PlanninJ! Commission. AUJ!ust 17. 2004 77. 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. 78. 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. 79. 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 ......, 80. The applicant shall pay park mitigation fees of $1,600 per lot, totaling $43,200 for the project. 81. The developer shall comply with the City's Franchise Agreement for waste disposal and recycling. ADMINISTRATIVE SERVICES DEPARTMENT 82. Prior to the 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. 83. 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. (Riverside County Fire COAs attached) (End of Conditions) Page 9 of9 ......" AQENDA ITEM NO. ).;L PAGE ?- ?oF...:ii MAK-IJ-U~ MVn ~.LO AM K1 V"J'l{ 1'11(1'. r&1'. ( l'i\A NV. ~U~~JJHHjb (~ f. J 03/11/04 _12: .; 6 Riverside County LMS CONDITIONS OF APPROVAL Page: 1 Library Conditions 10. GENERAL CONDITIONS FIRE DEPARTMENT 10.FIRE.999 CASE - CITY CASE STATEMENT DRAFT With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: lQ.F'IRB.999 MAP-#50-BLUE DOT REFLECTORS DRAFT Blue retroreflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 10.FIRE.999 MAP*-#16-HYDRANT/SPACING . bAAF'T - Schedule ~ fire protection approved standard fire hydrants, (6"x4"x2 1/2") located one at each street int~rsection and spaced no more than ~l) feet apart in any direction, with no portion of any~frontage more than ~ feet from a hydrant. Minimum fire flow shall be l~ GPM for 2 hour duration at 20 PSI. Shall include perimeter streets at each intersection and spaced 660 feet apart. 50. PRIOR TO MAP RECORDATION FIRE DEPARTMENT 50.FIRE.999 MAP-#7-ECS-HAZ FIRE AREA DRAFT Ecs map must be stamped by the Riverside County Surveyor with the following note: The land division is located in the "Hazardous Fire Area" of Riverside County as shown on a map on file with the Clerk of the Board of Supervisors. Any building constructed on lots created by this land division shall comply with the special construction provisions contained in Riverside County Ordinance 787. 50.FTRE.999 MAP*-#43-ECS-ROOFING MATERIAL DRAFT "...... Ecs map must be stamped by the Riverside County Surveyor with the following note: All buildings shall be constructed with class "l" material as per the California J-:h AQENOA ITEM NO. . '" PAGE&OF Y 7 ..1..L.."'t.U ~VNUL!LUN~ Vr ~~~KUVAL 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 Ees 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 wall~ 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. SO.FIRE.999 MAP-#46-WATER PLANS DRAFT ....., The applicant or developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block. and shall conform to hydrant type. location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. SO.FIRE.999 MAP-#47-SECONDARY ACCESS DRAFT In the interest of Public Safety, the project shall provide an Alternate or Secondary Access(s} as stated in the Transportation Deparment Conditions. Said Alternate or Secondary Access{s} shall have concurrence and approval of both the Transportation Department and the Riverside County Fire Department. MAR 15 '04 09:02 ~ 9099554886 PAGE~3E- AENDA neu NO. ?-A PAGE...2..:i OF Y 7 MAR 1S '~4 ~q:~? C}"'C)r)C""C'"A~'- 111/\1\ IJ v"t lllVl\ J'LI nll1 1\1',~ 1'11\1:. lOll: ( ; rAA"~ ~U~~JJ'OOO I~ r. I 03/11/04 12:46 /"'" Riverside County LMS CONDITIONS OF APPROVAL Page: 3 ~ibrary Conditions 60. PRIOR TO GRADING PRMT ISSUANCE FTR8 DEPARTMENT 60.FtRE.999 MAP-#004 FUEL MODIFICATION DRAFT Prior to the issuance of a grading permit, the developer shall prepare and submit to the fire department for approval a fire protection/vegetation management that should include but not limited to the following items: a) fuel modification to reduce fire loading b) appropriate fire breaks according to fuel load, slope and terrain. c) non flammable walls along common boundaries between rear yards and open space. d} emergency vehicle access into open space areas shall be provided at intervals not to exceed 1500 feet e) a homeowner's association or appropriate district Rhall be responsible for maintenance of all fire protection measures within open space areas. ~ ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE DEPARTMBNT FUEL MODIFICATION REQUIREMENT. SHALL HAVE CONCURRENCE WITH THE RESPONBILE WILDLIFE AND/OR OTHER CONSERVATION AGENCY. 80. PRIOR TO BLDG PRMT ISSUANCE FIRE DEPARTMENT 80.FIRE.999 MAP-#50C-TRACT WATER VERI FICA DRAFT The required water system, including all fire hydrant(s), shaLl be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to allY combustible building material placed on an individual lot. Contact the Riverside County Fire Department to inspect the required fire flow, street signs, all weather surface, and all access and/or secondary. Approved water plans must be a the job site. 80.FIRE.999 MAP - BONDED TO RECORD EARLY DRAFT .** No Text Exists For This Condition *** ~ AGENDA nEM NO. 2 'J-. PAGE-2:iOF Y 1 MAR 1~ .~~ ~q:~? MINUTES FROM THE PLANNING COMMISSION MEETING OF AUGUST 17,2004 .---, ""-'" '-' ACENOA ITEM NO. 1 :L ~ PAGE '2\0 OF ~ L PAGE 2 - PLANNING CDMMISSION:MINUTES - AUGUST 17, 2004 ,-.... MOVED BY O'NEAL, SECONDED BY LARIMER AND PASSED BY A UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR WITH THE NOTED CORRECTIONS TO THE JULY 20,2004 MINUTES. PUBLIC HEARINGS 2. General Plan Amendment No. 2004-08. Zone Change No. 2004-01. Tentative Tract Map No. 32129 and Mitigated Negative Declaration No. 2004-05 Chairman LaPere opened the Public Hearing at 6:10 PM, and requested the reading of the Staff Report. Community Development Director Brady stated that this project is a Public Hearing for a General Plan Amendment, Zone Change,. Tentative Tract Map and Mitigated Negative Declaration and requested Planning Consultant Donahoe to review it with the Commission. ,-.... Planning Consultant Donahoe stated that the application is a request to subdivide 10.8 acres into 27 residential lots and 7 open space lots. She stated that the site is south of Hwy 74, near the Rarnsgate Specific Plan. She stated that the proposal is for 6,000 square foot lots in the R-l zone and is consistent with the Zoning Standards. She indicated that there is one Development Standard that requires a buffer. She stated that there are two existing residences that abut the site to the north, both on approximately two-acre parcels. She stated that Staff feels that the buffer is adequate because the project does not take access along Sharon Lane. Planning Consultant Donahoe indicated that Staff recommends approval of the General Plan Amendment, Zone Change, and Tentative Tract Map. She recommends that the Planning Commission approve and adopt a Resolution based on the Findings, Exhibits, and is subject to the Conditions of Approval. She noted a correction to the Zone Change Findings on page 5 of 24, Number 2 should be Low-Medium Density Residential. She indicated that the applicant is present to answer any questions that the Commission may have. Chairman LaPere requested the applicant approach the podium Ed Sauls, 742 Summit Drive, Laguna Beach thanked Staff for all their hard work on the project and stated that he would be available for any questions that the Commission may have. Chairman LaPere asked Mr. Sauls if he has read and agrees with the Conditions of Approval. Mr. Sauls stated "Yes". ;1"""'- Ag,nd, It'''1o 2 2- Page '?- o~ PAGE 3 - PLANNING COMlvllSSIONMINUfES - AUGUST 17, 2004 Adel Abusamra, 32655 Rachel Grele, Dana Point stated that he owns 50 acres of land within the Ramsgate project. He too wanted to thank Staff for all their help and cooperation. ....., There being no further comments from the public, Chairman LaPere brought the discussion back to the table for Commissioners comments. Deputy Anomey Miles wanted to clarify that given the unique nature of this item, Staff has concluded that this project does not need a General Plan Amendment and to proceed with the Zone Change, TIM, and the MND. Vice Chairman O'Neal stated that he supports the project. He stated that he appreciated Appendix "D" which outlines a brief history and overview of the Gty. He had no further comments. Commissioner Larimer asked the applicant if these homes would be custom or tract homes. Mr. Sauls stated that the homes would be tract homes. Commissioner Larimer asked the applicant to clarify thc usc of the Opcn Spacc uhat happen:d to the Open Spaa'. Mr. Sauls stated that it is not conditioned as Open Space under the Ramsgate Specific Plan. Planning Consultant Donahoe stated that the applicant would be necessary to do a lot-line ....." adjustment. Commissioner Larimer asked if they would be part of the Ramsgate HOA Mr. Sauls stated, "No, they would not be part of the Ramsgate Association". Commissioner Larimer stated that in the Staff Report, it is noted that there would be some off-street parking. Mr. Sauls stated that there would be plenty of room on each lot for homeowners to park their own vehicles in their garage and or driveways, in addition to some street parking in front of each home. Commissioner Larimer asked for clarification regarding the mitigation measures. Planning Consultant Donahoe stated that the mitigation measures are noted in the second section of the Staff Report. She indicated that they address the air quality issues with the construction traffic. Commissioner Larimer had no further questions. Commissioner Ryan asked who would be responsible for maintaining the open space area. Agenda I?.~O Page of }1. y, ....." PAGE 4 - PLANNING COMMISSION :MINUTES - AUGUST 17, 2004 ",.-- Mr. Sauls stated that the open spaces would be maintained by the HOA He stated that in the event the HOA fails, the Landscape and Lighting District would pick 4P the obligation. Planning Gmsultant Donahoe stated that on page 23 of 34, Condition No. 11 addresses this issue. Conunissioner Ryan asked the applicant if his design! development could stand on its own. Mr. Sauls stated that Mr. & Mrs. Abusamra executed easements that would allow for the grading and necessary easements in order for this project to be built. Conunissioner Ryan had no further comments. Conunissioner Larimer requested clarification on the R-R Zoning. She noted for the record that she has some concerns with the constant changing of the zoning areas. Director of Community Development Brady stated that in the .General Plan it identifies areas... . [ unclear]. He stated that the Gty is going through a process where the General Plan is being amended to reflect the growth of the Gty. He stated that her noted concerns could be addressed at the time that the General Plan would be amended. ",.-- Chairman LaPere noted that the Planning Commission and the Gty Council would view each area that would go with the development of the Gty. He stated that part of the review is the ....... [unclear] rural area. Chairman LaPere asked for clarification on Condition No. lla where it discusses the HOA He indicated that it fails to mention that should the HOA fail, it would be the homeowner's responsibility. - Director of Community Development Brady suggested changing the wording to include the homeowner. Chairman LaPere stated that he is pleased with this project, to include the size of the lots, and is anxious to see the Design Review. He had no further comments. There being no further comments, Chainnan LaPere closed the Public Hearing at 6:48 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 ADOPT RESOLUTION NO. 2004-115, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE aTY COUNCIL OF THE ~ Agenda Item No ?- :2- Page ~ of l-\ I PAGE 5 - PLANNING COMMISSION:MINUTES - AUGUST 17, 2004 CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2004-05, A MITIGATION MONITORING PROGRAM THEREOF THE ZONE CHANGE AND TENTATIVE TRACT MAP ON APPROXIMATELY 10 ACRES LOCATED APPROXIMATELY TWO MILES EAST OF INTERSECTION 15 AND STATE ROUTE 74 AT THE SOUTHERN END OF TRELLIS LANE, SOUTH OF SHARON STREET AND KNOWN AS APN 347-110-021 AND A PORTION OF 022. ...., MOVED BY RYAN, SECONDED BY O'NEAL AND PASSED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-116, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNOL OF THE CITY OF LAKE ELSINORE APPROVAL OF ZONE CHANGE NO. 2004-01, CHANGING THE ZONING FROM "RR-RURAL RESIDENTIAL" TO "Rl -SINGLE FAMILY RESIDENTIAL," ON APPROXIMATELY 10:i: ACRES LOCATED APPROXIMATELY TWO MILE EAST OF THE INTERSECTION OF INTERSTATE 15 AND STATE ROUTE 74, AT THE SOUTHERN END OF TRELLIS LANE, SOUTH OF SHARON STREET, AND KNOWN ASAPN 347-110-021. MOVED BY LARIMER, SECONDED BY RYAN AND PASSED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-117, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE "..." ELSINORE, CALIFORNIA, RECOMMENDING TO THE OTY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF TENTATIVE TRACT MAP NO. 32129, A SUBDIVISION OF 27 RESIDENTIAL LOTS AND SEVEN OPEN SPACE LOTS, ON APPROXIMATELY 10 ACRES LOCATED APPROXIMATELY TWO MILES EAST OF INTERSECTION 15 AND STATE ROUTE 74 AT THE SOUTHERN END OF TRELLIS LANE, SOUTH OF SHARON STREET AND KNOWN AS APN 347-110-021 AND A PORTION OF 022, TO INCLUDE MODIFICATIONS TO CONDITION NO. llA. 3. Conditional Use Permit No. 2004-25 for the Skin Deep Tattoo Shop. Chairman LaPere opened the Public Hearing at 6:50 PM, and requested the reading of the Staff Report. Director of Community Development Brady stated that this is a request for a Conditional Use Permit for a Tattoo Shop, and requested Community Development Technician Hennings review it with the Commission. Agenda Item No Page~ of J).. 47 "..." -- PLANNING COMMISSION STAFF REPORT -- OF AUGUST 17, 2004 ,,-.. AENoA lIEU NO. ?-;}- ~ PAGE-40F Yl PLANNING COMMISSION STAFF REPORT ....., Cily of Lake Elsinore Planning D;fJ;s ion 130 5. Mm 51.... Llkc Elsnon; CA 92530 (909) 674-3124 (909) m.1419 fax II ~I DATE: August 17,2004 TO: Gairman and Members of the Planning Conunission FROM: Robert A Brady, Community Development Director PREPARED BY: Carole K. Donahoe, AIry, Planning Consultant PROJECT TITLE: General Plan Amendment No. 2004-08, Zone Gange No. 2004-01, Tentative Tract Map No. 32129, and Mitigated Negative Declaration No. 2004-05 ....., APPLICANT: Ed Sauls, The Sauls Company, 742 Summit Drive, Suite 100, Laguna Beach, CA. 92651 OWNER: Wayne N. Simard, P. O. Box 5189, Oestline, CA. 92323 PROJECT REQUEST: . The applicant requests approval to change the General Plan designation of the subject property from "Future Specific Plan" to "Low Medium Density Residential, 6 dwelling units per acre. . The applicant requests approval to change the zoning of the subject property from "RR Rural Residential" to "R1 Single Family Residential." . The applicant requests approval of Tentative Tract Map No. 32129 (TIM 32129) to subdivide 10+ acres of vacant property into 27 single family residential lots and seven (7) open space lots. . The applicant requests adoption of Mitigated Negative Declaration No. 2004-05. .......,t AQENDA lTEM No.2 ) PAGE3?-OF~ ,,--., PLANNING COMMISSION STAFF REPORT AUGUST 17, 2004 PAGE 30fs PROJECT TITLE: GENERAL PLAN AMENDMENT NO. 2004-0S, ZONE CHANGE NO. 2004-01, TENTATIVE TRACT MAP NO. 32129, AND MITIGATED NEGATIVE DECLARATION NO. 2004-05 ANALYSIS Area Development The proposal is a logical extension of the development already under construction in the Ramsgate Specific Plan into single family residential homes. However, the lot sizes are proposed at a higher minimum of 6,000 square feet, rather than the minimum 5,000 square feet in the Specific Plan, and a wider lot width of 60 feet, rather than 50 feet. Road widths are designed to match up to those extending to it from the Specific Plan. The proposal also provides a stub street to the east to tie into the single family residential subdivision proposed by the adjacent property owner, Adel Abusamra, whose general plan amendment, zone change, and tract map have been submitted but are on hold at the request of Mr. Abusamra. He is in the process of acquiring additional property adjacent to his holdings and redesigning his tract map. Buffer for Rural Residences to the North r" Two existing residences abut the site to the north, both on approximately two acre parcels. However, the applicant does not intend to construct nor take access from Sharon Street, which is designated for its northern boundary. In fact, the northern portion of the project is designed with Lots 'C and 'D,' which are areas to be left in open space. As a result, the nearest proposed single family home is 535 to 600 feet and 415 feet respectively to the adjacent structures. Oms-sections on the map exhibit indicate differing elevation changes, the steepest at 70 feet. The applicant requests that the Commission accept the design and siting of proposed homes as adequate buffering for the homes adjacent to the north. The Gtis Zoning Code R-l standards suggest lot sizes at 75% of the adjacent lot as a buffer. However, staff concurs with the applicant that, given that the project is an extension of the Ramsgate development, a 65,000 square foot lot size (75% of two acres) would be an inappropriate transition in this area. The Zoning Code allows the Planning Commission and Gty Council flexibility in those cases where the applicant shows good cause. Establishment of a Home Owners' Association (HOA) for Open Space Maintenance Condition of Approval No. 11 requires the fonnation of a homeowners' association responsible for the maintenance of the open space areas in the map. The applicant has indicated that he believes future residents in his tract will want to form their own HOA rather than join the HOA required for Ramsgate. The Director of Administrative Services indicated that it is feasible that a small HOA could handle maintenance responsibilities. However, he recommended that in the event the HOA ,.,.-. could not, the Lighting, Landscaping and Maintenance District provide this service and assess the HOA for costs incurred. The map has been so conditioned. AQENDA ITEM NO. ?- J., PAGE 33 OF--!:i.1 PLANNING COMMISSION STAFF REPORT AUGUST 17, 2004 PAGE 4of8 PROJECT TITLE: GENERAL PLAN AMENDMENT NO. 2004-08, ZONE a-IANGE NO. 2004-01, TENTATIVE TRACT MAP NO. 32U9, AND MITIGATED NEGATIVE DECLARATION NO. 2004-05 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 detennining 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. A copy of the Initial Study is enclosed with this Staff Report, as Exhibit 'F.' Based on evaluations and discussions contained in the Initial Study and Mitigated Negative Declaration, the proposed project has limited potential to degrade the quality of the environment. The proposed project will not significandy affect the environmental with mitigation measures in place. The proposed project will not have impacts that are individually limited but cumulatively considerable with mitigation measures in place. Given that the project impacts are insignificant, cumulative impacts are not foreseen. The proposed project does not have the potential to significandy adversely affect humans, either ,.."" direcdy or indirecdy with mitigation measures in place. STAFF'S RECOMMENDATION General Plan Amendment No. 2004-08 Staff recommends that the Planning Commission adopt Resolution No. 2004 - _' recommending to the Gty Council approval of General Plan Amendment No. 2004-08 based on Exhibit 'B' and the following Findings: Findings for General Plan Amendment No. 2004-08: 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 designation of Low Medium Density Residential is the most similar general plan designation to the residential development occurring within the adjacent Ramsgate Specific Plan. If the subject property had remained part of a future specific plan, there is every likelihood that a transition such as the one proposed would have been chosen for the area. '...." AQENoA ITEM NO. :2. :2- ~ PAGE JYOF ~l- ~. PLANNING COMMISSION STAFF REPORT AUGUST 17,2004 PAGE 50fs PROJECT TITLE: GENERAL PLAN AMENDMENT NO. 2004-08, ZONE CHANGE NO. 2004-01, TENTATIVE TRACT MAP NO. 32U9, AND MITIGATED NEGATIVE DECLARATION NO. 2004-05 b. The proposed designation allows single family residential development in an area of existing residences and homes under construction. 2. The proposed amendment will be consistent with the latest General Plan. a. The General Plan encourages the transition of land uses such as the proposed project wherein lot sizes buffer the rural residential uses to the north from the 5,000 square foot residential lots to the west and south. Zone Change No. 2004-01 Staff recommends that the Planning Commission adopt Resolution No. 2004 - _, recommending to the City Council approval of Zone Cl1ange No. 2004-01 based on Exhibit 'C and the following Findings: Findings for Zone Change No. 2004-01: ~ 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-1 Single Family Residential is the most similar zoning to the residential development occurring within the adjacent Rarnsgate Specific Plan. If the subject property had remained part of a future specific plan, there is every likelihood that a transition such as the one proposed would have been designed for the area. b. The proposed R-1 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. 2. The proposed amendment will be consistent with the latest General Plan. a. The proposed R-1 zoning is consistent with the proposed General Plan designation of Medium Density Residential, 6 dwelling units per acre. Tentative Tract Map No. 32U9 ~ Staff recommends that the Planning Commission adopt Resolution No. 2004 - _, recommending to the City Council approval of Tentative Tract Map No. 32129 based on Exhibit 'E' and the following Findings, and subject to the Conditions of Approval for Tentative Tract Map No. 32129. AQENOA ITEM NO. ,/" PAGE '3 ~ OF ';t?- Yl PLANNING COMMISSION STAFF REPORT AUGUST 17,2004 PAGE 6of8 PROJECf TITLE: GENERAL PLAN AMENDMENT NO. 2004-08, ZONE a-IANGE NO. 2004-01, TENTATIVE TRACf MAP NO. 32129, AND MITIGATED NEGATIVE DECLARATION NO. 2004-05 ....., Findings for Tentative Tract Map No. 32129: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the Oty 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 2.5 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 31, 000 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 Ory's General Plan. During the approval of Ory's 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 Oty 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. ....., AQENOA ITEM NO. ?-?- " PAGE 3 b OF--=o.. ,........ PLANNING COMMISSION STAFF REPORT AUGUST 17,2004 PAGE 7of8 PROJECT TITLE: GENERAL PLAN AMENDMENT NO. 2004-08, ZONE CHANGE NO. 2004-01, TENTATIVE TRACT MAP NO. 32129, AND MITIGATED NEGATIVE DECLARATION NO. 2004-05 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. 32129 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. 32129 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. . r--- 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. 32129. b. The adjacent property owner to the east requested access through Tentative Tract Map No. 32129. This map has been designed with "B" Street to stub at the easterly 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. Mitigated Negative Declaration No. 2004-05 Staff recommends that the Planning CDmmission adopt Resolution No. 2004 - _, recommending to the Gty CDuncil adoption of Mitigated Negative Declaration No. 2004-05 based on the following Findings and Exhibit 'PI: Findings for Mitigated Negative Declaration No. 2004-05: r--- 1. Based on evaluations and discussions contained in the Initial Study and Mitigated Negative Declaration, the proposed project has limited potential to degrade the quality of the AQENOA nEM NO. 2 ?- PAGE:2LlOF~ PLANNING COMMISSION STAFF REPORT AUGUST 17,2004 PAGE 8of8 PROJECT TITLE: GENERAL PLAN AMENDMENT NO. 2004-08, ZONE mANGE NO. 2004-01, TENTATIVE TRACT MAP NO. 32129, AND MITIGATED NEGATIVE DECLARATION NO. 2004-05 ....." environment. The proposed project will not significantly affect the environmental with mitigation measures in place. 2. The proposed project will not have impacts that are individually limited but cumulatively considerable with mitigation measures in place. Given that the project impacts are insignificant, cumulative impacts are not foreseen. 3. The proposed project does not have the potential to significantly adversely affect humans, either directly or indirectly with mitigation measures in place. PREPARED BY: REVIEWED BY: APPROVED BY: ~ Attachments : 1. Exhibit 'A' - Vicinity Map 2. Resolution for Approval of General Plan Amendment No. 2004-08 3. Exhibit 'B' - General Plan Amendment No. 2004-08 4. Resolution for Approval of Zone Change No. 2004-01 5. Exhibit 'C - Zone Olange No. 2004-01 6. Resolution for Approval of Tentative Tract Map No. 32129 a. Conditions of Approval for Tentative Tract Map No. 32129 7. Exhibit 'D' - Tentative Tract Map No. 32129 (8~" x 11") 8. Exhibit 'E' - Full-sized Tentative Tract Map No. 32129 (Enclosure) 9. Resolution for Adoption of Mitigated Negative Declaration No. 2004-05 10. Exhibit 'F' - Initial Study / Mitigated Negative Declaration No. 2004-05 and Mitigation Monitoring Program (Enclosures) ~ AQENOA ITEM NO. 2-7-_ PAGE~OF~ eN FILE COpy ".-... RESOLUTION NO. 2004-115 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTIQN OF MIITIGATED NEGATIVE DECLARATION NO. 2004-05 AND THE MITIGA TION MONITORING PROGRAM THEREOF, FOR GENERAL PLAN AMENDMENT NO. 2004-08, ZONE CHANGE NO. 2004-01, AND TENTATIVE TRACT MAP NO. 32129, ON APPROXIMATELY 10! ACRES LOCATED APPROXIMA TEL Y TWO MILES EAST OF THE INTERSECTION OF INTERSTATE 15 AND STATE ROUTE 74, AT THE SOUTHERN END OF TRELLIS LANE, SOUTH OF SHARON STREET, AND KNO'VN AS ASSESSOR'S PARCEL NOS. 347-110- 021 AND PORTION OF -022. .,-.. WHEREAS, an application has been filed with the City of Lake Elsinore by The Sauls Company to change the general plan designation, the zoning designation, and to divide approximately 10i: acres of unimproved property into 27 residential lots and seven (7) 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 August 17,2004; 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. 2004-05 and the Mitigation Monitoring Program thereof. Pursuant to Section 15063, of the California Environmental Quality Act (CEQA), it has been determined that: AGENDA ITEM NO. 9-J- PAGE 39 OF t..t-, RESOLUTION NO. 2004-115 MITIGA TED NEGATIVE DECLARATION NO. 2004-05 AUGUST 17, 2004 PAGE 2 OF 2 ~ ] . Based on evaluations and discussions contained in the Initial Study and Mitigated Negative Decl arat.i on, the proposed project has limited potential to degrade the quality of the environment. The proposed project will not significantly affect the environmental with mitigation measures in place. 2. The proposed project will not have impacts that are individually limited but cumulatively considerable with mitigation measures in place. Given that the project impacts are insignificant, cumulative impacts are not foreseen. 3. The proposed project does not have the potential to significantly adversely affect humans, either directly or indirectly with mitigation measures in place. 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. 2004-05 and the Mitigation Monitoring Program thereof. RS~,~ Lake Elsinore Planning Commission ....-I I hereby certify that the preceding Resolution was adopted by the Planning Commission at a meeting thereof conducted on August 1 7, 2004 by the following vote: A YES: Commissioners: LaPere, O'Neal, Ryan and Larimer NOES: Commissioners: ABSENT: Commissioners: Uhlry ABSTAIN: Commissioners: ~ A&eNOA ITEM NO. :LA " PAGE.!jQ OF Y L GV fiLE COPl ~ RESOLUTION NO. 2004-116 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROV A.L OF ZONE CHANGE NO. 2004-01, CHANGING THE ZONING FROM "RR - RURAL RESIDENTIAL" TO "Rl - SINGLE FAMILY RESIDENTIAL," ON APPROXIMATELY 10! ACRES LOCATED APPROXIMA TEL Y TWO MILES EAST OF THE INTERSECTION OF INTERSTATE 15 AND STATE ROUTE 74, AT THE SOUTHERN END OF TRELLIS LANE, SOUTH OF SHARON STREET, AND KNOWN AS ASSESSOR'S PARCEL NO. 347-lJO-021. WHEREAS, an application has been filed with the City of Lake Elsinore by The Sauls Company to change the zoning on approximately 10:!: acres of unimproved property from "RR - Rural Residential" to "RJ - Single Family Residential;" and 1 '~ :{ ~ 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 August J 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 "R 1 Single Family Residential." Pursuant to Section 15063, of the California Environmental Quality Act (CEQA), it has been determined that: ~ AGENDA .TEM NO. J- ?- PAGE~OF ~l RESOLUTION NO. 2004-116 ZONE CHANGE NO. 2004-01 AUGUST 17,2004 PAGE 2 OF 3 ......" 1. Based on evaluations and discussions contained in the Initial Study and Mitigated Negative Declaration, the proposed project has limited potential to degrade the quality of the environment. The proposed project will not significantly affect the environmental with mitigation measures in place. 2. The proposed project will not have impacts that are individually limited but cumulatively considerable with mitigation measures in place. Given that the project impacts are insignificant, cumulative impacts are not foreseen. 3. The proposed project does not have the potential to significantly adversely affect humans, either directly or indirectly with mitigation measures in place. SECTION 2. That in accordance with the City of Lake Elsinore Municipal Code the following findings for the approval of Zone Change No. 2004-01 have been made as follows: 1. The proposed amendment will not be (I) 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-I Single Family Residential is the most similar zoning to the residential development occurring within the adjacent Ramsgate Specific Plan. If the subject property had remained part of a future specific plan, there is every likelihood that a transition such as the one proposed would have been designed for the area. b. 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. 2. The proposed amendment will be consistent with the latest General Plan. a. The proposed R-I zoning is consistent with the General Plan designation of "Future Specific Plan F," which accommodates residential development at a maximum density of 6 dwelling units per acre. The General Plan identifies issues to be addressed in this area, namely hillside grading, compatibility of development to adjacent uses, and impacts to biological resources. These issues were reviewed, addressed and considered by the Initial Environmental Study and within the design of this project. ......" AQENDA ITEM NO. ?-2 PAGE 4).. OFY 1 ~ RESOLUTION NO. 2004-ll6 ZONE CHANGE NO. 2004-01 AUGUST 17, 2004 PAGE 3 OF 3 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 N~~ 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 August 17, 2004 by the following vote: ~ :;...-.... AYES: Commissioners: LaPere, O'Neal, Ryan and Larimer NOES: Commissioners: ABSENT: Commissioners: Uhlry ABSTAIN: Commissioners: ATTEST: ,...... ?-?- AQENDA ITEM NO. PAGE~ OF ~ I cO FILE COpy RESOLUTION NO. 2004-117 ......, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE~ CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROV ~L OF TENTATIVE TRACT MAP NO. 32129, A SUBDIVISION OF 27 RESIDENTIAL LOTS AND SEVEN OPEN SPACE LOTS, ON APPROXIMATELY 10.S! ACRES LOCATED APPROXIMATELY TWO MILES EAST OF THE INTERSECTION OF INTERSTATE 15 AND STATE ROUTE 74, AT THE SOUTHERN END OF TRELLIS LANE, SOUTH OF SHARON STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-110- 021 AND PORTION OF -022. WHEREAS, an application has been filed with the City of Lake Elsinore by The Sauls Company to divide approximately 10.8! acres of unimproved property into 27 residential lots and seven (7) 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 August 17,2004; 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 10.8 i. acres into 27 residential lots and seven (7) 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. 32129 will not have a significant effect because of such measures and the revisions in the project. 1. Based on evaluations and discussions contained in the Initial Study and Mitigated Negative Declaration, the proposed project has limited potential to degrade the ....., AQENOA ITEM NO. 'J- ?- PAGE Lf~ OF Y 1- ~ RESOLUTION NO. 2004-117 TENTATIVE TRACT MAP NO. 32129 AUGUST 17, 2004 PAGE 20F4 quality of the environment. The proposed project will not significantly affect the environmental with mitigation measures in place. 2. The proposed project will not have impacts that are individually limited but cumulatively considerable with mitigation measures in place. Given that the project impacts are insignificant, cumulative impacts are not foreseen. 3. The proposed project does not have the potential to significantly adversely affect humans, either directly or indirectly with mitigation measures in place. 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. 32129 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 2.5 dwelling units per acre are consistent with the General Plan designation of "Future Specific Plan F," which accommodates residential development up to 6 dwelling units per acre. b. The project proposes single family residential lots ranging in size from 6,000 square feet to 31, 000 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. AOt=-A..... ~Y&JA '-TEM N)). _ ). 2- PAGE.!i ~ r\r- If-7'"' RESOLUTION NO. 2004-117 TENTATIVE TRACT MAP NO. 32129 AUGUST 17, 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 of the 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 1S. 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. 32129 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. 32129 is conditioned to comply with an development standards of the R 1 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. '-' AQENOA ITEM NO. d- ~ ., PAGE2:lli.. OF 41 ,,-- RESOLUTION NO. 2004-117 TENTATIVE TRACT MAP NO. 32129 AUGUST 17,2004 PAGE 40F4 a. All known easements or requests for access have been incorporated into Tentative Tract Map No. 32]29. b. The adjacent property owner to the east requested access through Tentative Tract Map No. 32]29. This map has been designed with "B" Street to stub at the easterly boundary, thereby allowing this connection. c. The map has been circulated to City departments and outsid~ 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. 32]29. ~~~ Lake Elsinore Planning Commission I hereby certify that the preceding Resolution was adopted by the Planning Commission at a meeting thereof conducted on August] 7,2004 by the following vote: AYES: Commissioners: LaPere, O'Neal, Ryan and Larimer NOES: Commissioners: ABSENT: Commissioners: Uhlry ABSTAIN: Commissioners: ATTEST: r"' Rob to the Planning Commission AQENOA ITEM NO. 2?-. ~ PAGE..:L10F~ "'" ORDINANCE NO. 1128 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 "R1 - SINGLE FAMILY RESIDENTIAL," UNDER THE ZONING ORDINANCE, ON APPROXIMATELY 31.25j: 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=t acres of unimproved property from "RR - Rural Residential" to "R-l" Single Family Residential;" 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 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. ~ AaeNOA..ITEM NO. "-. PAGE I 3\ OF LJ ORDINANCE NO. 1128 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 -1 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-I 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 FAMILY RESIDENTIAL" UNDER THE ZONING ORDINANCE ....." ,)\ AQENOA ITEM NO. -L) _~ -'- PAGE 2- OF ~ ~ ORDINANCE NO. 1128 ZONE CHANGE NO. 2004-09 SEPTEMBER 28, 2004 PAGE 30F 4 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 land 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: HI CKMAN, KELLEY, MAGEE, .SCHI FFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE ~ Aw:NOA ITEM NO..--3.L ,. PAGE '~B OF 4- ORDINANCE NO. --1!.f8 ZONE CHANGE NO. 2004-09 SEPTEMBER 28, 2004 PAGE 40F4 ~ PASSED, APPROVED AND ADOPTED UPON SECOND READING this Ith 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 (SEAL) """ AGENDA .TEM NO. 3 \ ''-, PAGE ' Y-~' OF l-. ,,-.... CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: Mayor and City Council FROM: Richard J. Watenpaugh, City Manager INITIATED BY: Country Club Heights Committee, Ray Tamargo, Chairman, DATE: October 12, 2004 SUBJECT: Proposal by Country Club Heights Committee to Address Area Concerns BACKGROUND At their regular meeting of March 9, 2004, the City Council appointed a committee to address development opportunities and constraints in the Country Club Heights area. Five residents of Country Club Heights were appointed and directed to identify opportunities and constraints and to provide the steps the City could take to address these issues. The committee was given six months to identify issues and to develop ,,-.... recommended actions to be considered by the City Council. DISCUSSION The Committee began meeting on April 21, 2004 at City Hall. They met monthly to address specific issues with regards to maintaining the historic context of the Country Club Heights area, while identifying and addressing the major issues pertaining to development. The Committee identified issues related to protecting the views of the area residents. Landscaping guidelines were mentioned as a possible design standard that may protect their views in the future. The Committee does not recommend adopting a view shed ordinance due to the legal issues and problems associated with implementing and enforcing such an ordinance. To the extent feasible, new development should minimize its view impacts on adjacent properties. This would be considered through the design reVIew process. ,,-.... Water service in the study area was identified as a major issue for existing residential uses and a constraint to future development. The Committee met with representatives from Elsinore Water District to discuss water service and proposed service improvements. The water supply for fire service is extremely limited. Elsinore Water District (EWD) is presently improving interconnection with the Elsinore Valley Municipal Water District (EVMWD) (please see attached letters from EWD). It is also A~ENDA ITEM NO. 3). PAGElOF q Country Club Heights October 12,2004 Page 2 of 4 recommended that additional fire hydrants be added to meet the standards set by CDF, providing adequate water service is available. ....." Fire safety in the area is impacted by the availability of water for fire flow, access due to the topography and narrow roads and the ability to weed abate steep slope areas. Representatives from the Fire Department attended a meeting to provide the committee members with information about fire safety issues in the Country Club Heights area. Based on input from the Fire Department and the City's Engineering Division, the committee concluded that the narrow roads posed a challenge for emergency vehicles to have adequate access. Presently, fire trucks must traverse the roads slowly and may be temporarily blocked by a vehicle traveling in the opposite direction. The recommended minimum road width is 20 feet and 24 feet is preferred. Both the Fire Department and the City's Engineering Division are strongly opposed to creating one-way streets in Country Club Heights due to the narrow road widths, roadway configuration (curves, road lengths, etc) and limited or no alternative access routes to many properties. The Committee recommends that any new street grades in the area be limited to 15% because it poses a hardship for fire engines to climb a larger grade. Weed abatement in the area needs to be prioritized given the extreme fire hazard associated with vacant parcels. The Committee is not in favor of encouraging tract type development in the Country Club Heights area. The committee recommends that the entire area be rezoned to R-H Hillside Single Family (Chapter 17.22), especially in the southern portion of the area. In addition, the committee recommends that the Hillside Planned Development Overlay District (Chapter 17.10) be applied to the area. The R-H Zone is intended to be applied to areas where quality single-family residences may be in order, but existing infrastructure may not be in place and/or environmental considerations, such as hillsides, dictate larger lots in order to minimize the impact of development and the disturbance of the natural terrain, thereby conserving the aesthetic qualities afforded by the area. The R-H zone requires a minimum lot size of 12,000 square feet for new lots and requires a minimum dwelling unit size of 1,200 square feet. ....." The Hillside Planned Development Overlay District (HPD) provides the opportunity for the City to modify street improvement standards due to considerations such as, but not limited to, health and safety issues, geology, topography and other reasons which could adversely affect development. The HPD also encourages the use of plant materials that are not flammable and the keeping plant material within 10 feet of a structure below three feet in height. The HPD Overlay would address many of the unique design and development issues that exist in Country Club Heights. The committee recommends that the historical design components of the area be encouraged for Country Club Heights, especially in the upper portion of the southern area. The committee further recommends that all homes built in the Country Club Heights area should be of the highest quality. The preservation and restoration of the historic concrete post street lights along Lakeshore Drive was recommended by the '-' 3) AGENDA ITEM NO. PAGE 2- OF..EJ-- ".......... Country Club Heights October 12, 2004 Page 3 of 4 committee to maintain a link to the historic past of the area. A formal monument or entry sign of some sort at each major entrance to Country Club Heights would compliment the area. Those entrances include the comer of Lawrence and Lakeshore, Gunnerson and Riverside Dr., and Strickland and Riverside Dr. Additionally, the committee recommends expanding the study area to add a portion along Gunder north to Pike Street. They believe that this would enhance the future development potential of the area. The committee also recommends that a portion of the existing study area be removed since the lots are relatively flat and don't share the same type of topography as the rest of the study area. The area to be removed is bounded by Dryden, Lakeshore, Lash and Wise Streets. The Committee recommends reducing or eliminating the fee for lot line adjustments and lot mergers in order to encourage the consolidation of adjacent lots under the same ownership. The Committee also recommends the reduction of development fees as an additional incentive to create a minimum lot size. It is their recommendation that the City's fee structure be adjusted as an incentive to encourage property owners to consolidate their lots. The combination of lots would help reduce density in the area. ".......... The Committee considered financing options for the recommended improvements in the Country Club Heights Area and they further recommend hiring a consultant to look into an assessment district to fund water and sewer lines, street lights and other historical elements, such as formal monument signs to be placed at main entrances into Country Club Heights. An assessment district may be difficult to pass due to the larger number of absentee landowners. RECOMMENDATION Based on the above discussion, the Country Club Heights Committee recommends the following to the City Council: r-.. I. Views from existing homes should be protected through the design reVIew process for new structures. A view shed ordinance should not be adopted. 2. The design of public improvements and private development should address public safety issues, particularly fire safety. The minimum road width should be 20 feet and whenever possible should be developed to 24 feet. 3. The study area should be rezoned to R-H and the Hillside Planned Development Overlay District (Chapter 17.10) be applied to the area. 4. The historic character of the area should be preserved. The cast concrete street lamps should be preserved and restored along Lakeshore. Entry monument signs should be located at main entrances to identitY Country Club Heights as a unique residential area of the city. 5. The study area boundaries should be revised to include an additional area along Gunder to Pike Street and to remove the area bounded by Dryden, Lakeshore, Lash and Wise Streets. AGENOA ITEM NO. ~ PAGE 3 OF Country Club Heights October 12,2004 Page 4 of 4 6. City fees associated with development should be eliminated or reduced as an incentive to combine lots and encourage the development of larger homes. 7. A consultant should be hired to analyze various methods of funding public improvements such as water and sewer lines, street lights, entry monument signs and road improvements through the use of CFDs, assessment districts, or other funding mechanisms. An estimated cost of providing the improvements should be derived through this process. ....." PREPARED BY: Robert Brady, Director of Community Development APPROVED FOR AGENDA LISTING: ~bi A. &d ity Manager's Office ......", ....." AQENOA ITEM NO 3 ').. PAGE~.;Y:~ , . Organized Under the Laws of the Stale of California ~ ELSINORE WATER DISTRICTCITYOF LAKE ELSINORE 16899 LAKESHORE DRIVE RECEIVED P. O. BOX 1019 MA LAKEELSINORE.CA92531-1019 Y 272004 (909) 674-2168 PLANNING OEPt May 26, 2004 Mr. Robert Brady Communi~ Development Director City Lake Elsinore 130 S. Main Street Lake Elsinore, Ca. 92530 VIA FACSIMILE: 471-1419 RE: COUNTRY CLUB HEIGHTS ADVISORY COMMITTEE ",-.... Dear Mr. Brady: The purpose of this letter is to summarize Elsinore Water District's understandings with respect to the May 19 Country Club Heights Advisory Committee meeting.' The meeting focused on the capability ofEWD's existing water system (including fire flow), the ability of the system to accommodate additional service connections and new facilities that will be necessary in connection with a large-scale Country Club Heights (CCH) development plan. As was stated by EWD representatives at the meeting, EWD is currently planning to construct a new water storage reservoir, and related pumping and water-main facilities, for its CCH water system. The construction of these facilities is tentatively scheduled for completion within two years. These facilities will improve the reliability of the CCH water system, particularly with respect to fire flow. EWD's CCH water system will also more immediately benefit from a new connection with Elsinore Valley Municipal Water District's system, which is currently under discussion between the two agencies. The new connection will increase the operational efficiency of the CCH water system and is expected to be completed shortly. ~ As was stated by EWD representatives at the meeting, the EWD system can presently accommodate a limited number of connections, the extent. of which may be increased' with completion of the new reservoir and related facilities noted above. This is consistent with the limited number of new connections likely to be made because of the current size AQENDA ITEM NO. 3J-. '. PAGE~OF--9-. Organized Under the Laws of Ihe Slale of California ELSINORE-WATER DISTRICT """ 16899 LAKESHORE DRIVE P. O. BOX 1019 LAKE ELSINORE, CA 92531-1019 (909) 674-2168 August 9~ 2004 RE:-W ATER SYSTEM IMPROVEMENTS Dear Country Club Heights- Resident, I am writing-to inform yotroftwo.h11portant waterimprovementprojects affecting the Country Club Heights area. . At its Tuesday~ August 3 meeting; the Elsinore Water District(EWD) Board-of Directors uwalded s.cold:nscl CUI" ar(ill1J.lll.l.vcdinten:~nnnectian:between:.1heRh:in()re Valley MunicipalWaterDistrict(EVMWD) and. EWD-watersy~tcw$~'CoI1Structiorr-for the improved interconnection is scheduled to begin this week, and\vnl substantially increase the. amountof wld"'l" tbatcan.be bl"uught into;be-EWD8YStcUl~wbich directlybenefits""the Country Club Heights area. The improved interconnection is necessmy to increase the amount ofwaterprovided-fronrEVMWf)-~WK; -EWD"s welI.serving1he-Country Club Heights area-can no longer be operated on a regular basis since EVMWD drilled a new welt-nearEWf)~wcl" ~U8iugdepktiorrofgtoundw~ to- EWfYs-wello ..., EWD.is-1dso- in.1he.~procc:ss_ of_comptet:ingptans.to .constmct:anewwater.-storage o 0 and . or i1h: 0 10 of l~n()ll':}NUap~ll COW~tiug.plpC lIIes.W :an:.c:s.IIIIIHI..... ~l~ . '$825,,006, which will. diiecdybellefitthe:Cowrtty_eJnbHei~.s ana The EWD.Board willooUOJ;dt.l kp.rojcd.~~ 1:.I.cfi......camtreJRtedJwAlu..ialplan:1his-.month. . Ifwaimve'anr~pleasecontactthe:E.WD:office. We wilLnotifyyou with more ~pe<.Hi~ d~taib ~.g:1hc.tilll:"~ af~ II "1'1~thi:. IJ1Uject.in_near:future~ Sincerely, ~,tl.y~ ~~. . Presi~t;.Board of Directo~ Elsinore Water District . ..., AQENDA ITEM tiO. 3?-_ "PAGE b OFl FROM :ELSINORE WATER DISTRICT FAX NO. :9096745429 Au 9. 23 2004 11: 50011 Pi ~ Orr.Ollliad lJndrrfh~ l:1IW'inf thcStRtC'vfCilhforJlia 16899 lAKESHORE OlllVE f>. O. 80X 1Ol9" - . lAKI' IlSINORI'. CA92nl.10l9 (909) 674.2168 CITY OF LAKE ELSINORE RECEIVED AU6 2 3 2004 PLANNINGDEPl: ELSlNORE.W ATERDISTRICT . August 23.2004 Mr. Robert Brady City of Lake Elsinore ) 30 S. Main Sr. Lake Elsinore, CA 92530 Dear Mr. Brady, ~ Attached, please find docwnent prepared by the Elsinore Water District (EWD) responding to the City ofLakcElsinorc's CounbyClub HeightsCommiUee. Please contact District staff shou1d.~oubave any questionuegarding this matter. Sincerely, ELSrNORE WATER DISTRICT ~~ a./~ Mary A. Jones President Board of Directors MAJ:tr Attachment ~. AGENDA ITEM NO. 3 A PAGE20F Cf FROM :ELSINORE WATER DISTRICT FAX NO. :9096745429 Au 9. 23 2004 11: 54AM P3 POTENTIAL COUNTRY CLUB HEIGHTS DEVELOPMENT WATER SUPPLY ISSUES """"" ELSINORE WATER DISTRICT August 20, 2004 TIlis document has been prepared by Elsinore Water Di9trict (EWD) in response to n request by the City ofLa1re Elsinorc's Country Club Heights Committee concerning the provision of water service in the event of large-scale deveJopment ;n the Country Club Heights area. This area is within EWD's service jurisdiction ami water service is currently provided to a small number of customers. Country Club Heights is characterized by smaJJ lots and hilly topography. Presumably a large-scale development plan would include rhe consolidation and/or reconfiguration of these small parceJ~ of land from which water supply demands would be detennioed. TypicalJy. Plans of Work!; are prepared after a land development plan has been proposed (0 identity and estimate' the cost-.of hoth{)/laml t)fl:8itewatcrfaciJitius. 'UntUa'tleveJopment plan is prepared, or at leaSt more specifics are known relative to the nurnOCT of housing units and llccompanying est;mated water demand!>, it is nut possible to provide a specific water supply plan. """"" After or at the time a Plan of Works is prepared, the method ortinancing water and other facilities may be identified. Many new developments utilize special taxes imposed On benefitting land pursuant to the Mello-Roos Community Facilities District Act. Other mean!! oftinancin8 facilities eQuid include assessments. revenue bonds or connection fees. Debt fInancing, by placing a special tax or assessment on participating land, is usually preferred since in most cases backbone water facilities. necessary for developing land, includingwatet: storage reservoil'S, pipes and water booster stations,tt1m.1'be'in-piace'and-nvaHavlc ["iv. tv1heWJJshuctiOri-ufhomes. The amount of water and other pliblic faejJjti.e::s that may be financed by land debt will be limited by law or marketing circumst.mces relative to the value of lhe land and/or improvements. Thus, the number and configuration of lots in any development plan must include consideration of the accompanying cost of water system and olher public facilities. Whether the facilities are paid by developers or financed by laod debt, the facilities cost wiJl influence home pricing. Page I or 2 """"" AGENDA ITEM NO. ~ PAGE~OFI FROM :ELSINORE WATER DISTRICT FAX NO. :909&745429 Aug. 23 2004 11: 54AM P2 /"""' Planning for and constructing the physical infrastructure necessary to provide water service is a relativdy straightforward pmcess,'raking into-'CORsideratioJlume foregoing factors, once the development plan is known. Ensuring a sutlicient water supplyt(). ~ilI the pipelines and , reservoirs for new demand in the-Elsinore Valley, however, is a significant matter requiring adequate lead-time to address. The Elsinore Valley relies OIl a combination of water pumped from the Elsinore Basin primarily by Elsinore Valley Municipal Water'District (EVMWl>) and 10 a lesser extent EWD . and private well owners. According 10 EVMWD's June 2003 Final Draft Rcpgrt GToWldwater Management Plan. the Elsinore Basin is overdmftcd by approximately 4,400 acre-feet per year, with ovedraft projected to increase to 6,500 .;1('''re-'teetlyear by202i);- €Werilrathncans mOre water is tuken out of the groundwater b3Sin-1h1n1is'being replenished 10 maintain groundwater levels. /"'""- EVMWD's Groundwater Management Plan is beingprepased to address groundwater basin overdraft by idenfifyjngprojectsoanctprogrnm!; directedtonmnaging groundwater levels and water quality. Regii:i'dte'SsofwJrether EWP andfor EVMWP:providcs ,water service to new development in Counh'y Club Heights, projectcdlldditiona) w3teLdemand for the Hcights must be included in total water~ppIy'projection5' fol' the- vaJley;Ahhough'aJhwH'significant portion of new water demand'fmly-be-met-thrtJugh increased importtd'water s~pp'y deliveries, it is likely the groundwater ba.,in Management Plan will be impacted hy newdernand. Inclusion of this demand in the Managein.entJ~1an may, ;;ttSQ result in ~ oovclopmel)tEofJ'CGy-cletlwJlter system and conservatjon measure.s41ueduu::Gr;n>>nimi7.e-llew.potabJ~Witlenlemands. Likewise. increased imported w8teT51tpp/ycteHveries-rcquirel1ri adequllte planriinghoriion. Considering the for~going circumstances,10arge-scale land development planning progresses for Country Club Heights, both EWD andJWMWD.$.bould,be, involved in the early stages. This will assist E\!'MWD-withrespect toinclud1ng- m~wateT-'demand impacts in its Groundwater Management'PJanamHncititntcihe plannIng proces9 fe1;1tlveto any supply limitations regarding quantity and time of availability. "",." 20, 1004 COllntry CI1I61/e;N'''s Elsinore Wat.er District Page 2 'If 2 /"'"" 3?- AGENDA ITEM NO. PAGE--=:L. OF q ,,--. CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: RICHARDJ. WATENPAUGH,CITYMANAGER DATE: OCTOBER 12,2004 SUBJECT: REQUEST FOR FUNDING - H.O.P.E. BACKGROUND Helping Our People of Elsinore (H.O.P .E.) was established in 1990 to provide and disperse food to individuals and families with dedication to an ongoing caring ministry to service to others. /""' The main goals ofH.O.P.E. are to strengthen people through a care ministry; energize people with hope and encouragement; build community; strive for effective compassion; alleviate hunger and provide clothes for children. H.O.P .E. services 2,000 individuals annually, which includes the distribution of approximately 400 turkey box dinners to low-income families during Thanksgiving and Christmas as well as 70,000 meals annually. H.O.P.E. provides 12 separate services to needy individuals and families within their service area of the Lake Elsinore Unified School District boundaries. DISCUSSION The City has sponsored H.O.P.E. as part of its Community Development Block Grant Program (C.D.B.G.) for the past ten (10) years. Although the City's funding levels have fluctuated over those program years, the City has provided H.O.P. E. with C.D.B.G. funding of$2,500 for FY 2000-2001, 2001-2002,2002-2003 and 2003- 2004. The City did increase its support ofH.O.P.E. this current program year (30th) to $6,000. Due to increased operational costs and overhead, H. O.P .E. is requesting the City Council consider a donation of $5,000 to assist in their ongoing service to the community. /""' ACENDA ITEM NO. PACE \ 33 OF t FISCAL IMPACT ....., ill accordance with Council Policy 300-9, item 5, the balance of un allocated revenue is currently $1,732,062. There have been 6 items this fiscal year that have drawn from unallocated revenue totaling $119,690. The request of the donation is $5,000. RECOMMENDATION It is staffs recommendation that the Mayor and City Council consider donating $5,000 to RO.P.E. from the City's unallocated revenue. PREPARED BY: David Sapp, Director of Communi Services APPROVED BY: APPROVED FOR AGENDA LISTING: . t Richard J. Watenpaugh, City M ....., ....., AGENDA ITEM NO. PACE ?- )'3 OF~ /""" H.O.P.E., INC. HELPING OUR PEOPLE IN ELSINORE, INC. 29885 Second St., Unit R * Lake Elsinore, CA 92532 (951) 245-7510 * Fax (951) 245-7405 October 2, 2004 Mr. David Sapp, Community Services Director, City of Lake Elsinore, 130 Main Street, Lake Elsinore, CA 92530 Dear Dave, Thanks for your time during our recent meeting regarding the H.O.P.E finances. As I mentioned, we, at H.O.P.E., are extremely grateful for the consistent support we have received, over the years, from the City. During the past three years the economy has resulted in a higher demand for H.O.P.E.'s services (we provided over 70,000 meals in 2003/2004). At the same time costs ofthe operation have continued to increase resulting in us approaching you at this time. The following comments may be of assistance in understanding our situation. /'""' Rent and Utility costs exceed the total Grant Funds we receive from the City and the County. Funding shortfalls in the past year or two have been made whole by donations from individuals - a revenue source that we do not anticipate in future years. Much of the food we distribute is donated by stores or by individuals by way of food drives. We purchase staples such as sugar; butter; flour and meats. As you know, H.O.P.E. has been supportive ofthe potential Transitional Center in the South Western area and reviewed the possibility of cooperating with the Center in an attempt to more efficiently utilize funds. At a recent meeting with the County it was determined that any opportunity for H.O.P.E. to benefit from the Center would be at least two years away. This may result in the need to spend funds on repairs and maintenance at our existing facility. During our approach to the City Council in early 2002 (at which time the Council kindly donated $2500) we outlined our plans relating to the introduction ofH.O.P.E. Clothing for Kids. This program was introduced in 2002 during which time 107 children were helped. The number grew to 278 in 2003 and 400 in 2004. Taking all of the above into account we would request that consideration be given by the City Council to donate $5000 to H.O.P.E. (outside ofthe grant process). Sincerely, /""" L ~~;~~ . ACENDA ITEM N\). PACE 3 3~ <6- Of CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL fJ ......" TO: MAYORANDCITYCOUNC~ FROM: RICHARD J. WATENPAUGH, CITY MANAGER DATE: AUGUST 10,2004 SUBJECT: 2004-2005 C.D.B.G. SUPPLEMENTAL AGREEMENT BACKGROUND The City Council, at their regular scheduled meeting approved the 30th Year Community Development Block Grant projects for Fiscal Year 2004-2005. In June 2004, the City was notified by the Riverside County Economic Development Agency (EDA) that the City's programs were approved by the County Board of Supervisors. DISCUSSION Upon the City's approval, the projects are forwarded to the Board of Supervisors of Riverside County for approval. ......" Following the County's approval, they are forwarded to Housing and Urban Development (H.UD.) for their concurrence and approval. With H.U.D.'s approvals, the County sends a supplemental agreement that the City must approve and retum to the County. When the County Board of Supervisors approves the supplemental agreement, they will send the City a letter authorizing the City to "incur costs." When we receive this notification,we are then able to release funds to the approved projects with assurance of reimbursement from the County. FISCAL IMPACT The 30th Year allocation for the City of Lake Elsinore totals $266,199. RECOMMENDATION It is recommended the Mayor and City Council approve the attached supplemental agreement for 30th Year C.D.B.G. Funds (File 0.650: 0.654: l.LE089; l.LE090; l.LE091; l.LE092), for Operation School Bell ($5,000); H.O.P.E. ($6,000); Lake Elsinore Senior Center ($19,000); Code Enforcement ($25,000); Dangerous Structure Abatement ($50,000); and Curb, Gutter, Sidewalk, Construction and Replacement Program ($161,199); and authorize the Mayor and City Clerk to execute the documents and mail, along with a certified copy of the minutes to the County of Riverside Economic Development Agency including a copy of the minute order by which the agreement was considered and approved. ......" AGENDA ITEM NO. 33 PAVe... 4 OF . g -^....._-:-.. -.-_..-.. .~.__._._.-_- .- . -.-.,.-.-, r' r-- r' PREPARED BY: APPROVED BY: David W. Sapp, Director of Commu' Services APPROVED FOR ~. \~ AGENDA LISTING: ~' l;/ QJ Richard J. Watenpaugh, City Man ger AGENDA ITEM NO. '3 3 P!~I"E= 5' -:;-~r ECONOMIC DEVELOPMENT AGENCY Economic & Community Development Housing Redevelopment Agency Workforce Development Edward-Dean Museum & Gardens .:. Aviation .:. -------- County Fair & ~ National Date Festival June 23, 2004 4.\;,......; , ... ... j/q .:.-~ ~. " Dave W. Sapp, Director of Community Services City of Lake Elsinore 130 S. Main Lake Elsinore, CA 92530 1 """ . . Dear Mr. Sapp: SUBJECT: SUPPLEMENTAL AGREEMENT 2004-2005 Community Development Block Grant Regarding: Operation School Bell File No.: 0.650 Allocation: $5,000 Helping Our People of Elsinore, Inc. (H.O.P.E., Inc.) File No.: 0.654 Allocation: $6,000 Lake Elsinore Senior Activity Center File No.: I.LE089 Allocation: $19,000 Curb, Gutter, Sidewalk, Construction and Replacement File No.: I.LE090 Program. Allocation: $16 L199 Code Enforcement-Dangerous Structure Abatement File No.: I.LE09! Allocation: $50,000 Code Enforcement File No,: J .LEOn Allocation: $25,000 Total Funds Granted: $266,199 """ Enclosed are three (3) copies of the CDBG Agreement covering the above-referenced project(s). Please review the Agreement and correct any errors or omissions. After review, sign all three copies and return them to this office for execution. In addition, include a copy of your Board minutes accepting the terms of the Agreement. A fully executed agreement, and the authorization to "Incur Cost" will be sent to you as soon as the County Board of Supervisors takes action. Thank your for your cooperation in this matter. Should you have any question, please call me at (909) 955-6682. ..si~~ere Iy, X/~ - /- \ /h // . -:/../;::/~) ~ C:7/ / ~ C-/ U Aurelio~rrt:/ Regional Manager ------ -"C. ../--/ TE:A~:al;::t& F:\Shar6llCDBG\ I S1\LElsuppltr _ 04.650-I.LE092.doc """ 3525 Fourteenth Street, Riverside, CA 92501-3813. Telephone 909/955-8916. Facsimile 909/955-6686 ACEN9A ITEM NO. PACE \0 33 OF ~ Website www.rivcoeda.org Attachment IV B 1 ,....... .O.P.E., INC. Lake Elsinore, California Project Description CATEGORIES OF SERVICE 1) STANDARD REFERRAL MINI~TRY: Distributing balanced, packagedmeals,-diapers, soaps and assorted toiletry items to low-income families/individuals in need of food by referral from the Department of Public Social Services, local churches, police department and area schools. Qualifiable documentation is required. ,,-.... 2) CLOTHES FOR KIDS: Provides new clothes to children from birth through High School. All clients are low or no income people with referral by the Department of Public Social Services or the local Community Connection (works with the school district). 3) MINISTRY TO THE HOMELESS: Providing a special food menu to homeless persons UDon presentation of proper referral and ID. 4) BREAD OUTREACH MINISTRY: Contributing bread products on a weekly baSis to the following community organizations: Fourteen local church-related mission programs Three Head Start Pre-school sites, LEUSD Alano AA Programs Lake Elsinore Senior Center Golden Age Rest Home 5) SENIOR CIRCUMSTANCES PROGRAM: Furnishing meals twice monthly to low-income seniors on S.S.A. and S.S. I. 6) LEUSD COMMUNITY CONNECTIONS: Cooperating with public school Qfficials to aid with food in situations where school families are in need of immediate and special assistance. 7) EMERGENCY DISASTER RELIEF MINISTRY: Helping families who suffer sudden and unexpected loss due to catastrophic plights. 8) HOLIDA Y DINNERS PROGRAM: Distributing 300 to 400 turkey boxes with elaborate, festive meals to low-income families during Thanksgiving and Christmas. 9) 65 PLUS PROGRAM: Providing low-income seniors that are 65 years of age and older with a 7-day supply of food once each month. 10) 62 PLUS PROGRAM: Making available to low-income seniors 62 to 64 years of age a 7-day supply of food one time each month. 11 ) GRANDPARENT PROGRAM: Assisting the County of Riverside Department of Public Social Service by providing packaged meals to a grandparent or relative caring for another family member's child(ren) who may be in need of help. ,....... 12) MENTALL Y ILL PROGRAM: Working closely with the Intervention Team of the Riverside County Department of Mental Health, coordinating efforts to provide meal programs for the mentally ill living in our designated area. ACENDA ITEM NO. .3 3 _ PACE I OF g-' ~g.;i:~> :::g"'~OC" = -'0 to :l::t. o .,.., ... :2 0 0.... ~ ~~ D....~ -9 ~'g i ~ 3!;:l -. ~c.n" S! o:r~ Co4;:::a =::r i4"l. c.:. n c:r"'" -00 - -c"tr 0"-"- :;- :r.... 3;:;-~g" ~.:*'~-g . 00::1 ""0' ....., 0 ... E;: 2.; <.. .. .. -~ ,,~;;t; ~.,. - ~=r:~?f " .. o~n-- 300-,0 "'!;~~:r .. .. ... -n- o ~ ...,0- c.co- .,-..,..,~ ~ o~~ .--- -'" ~OO ... ~~~ p. ~~~~~~N_ Ui qr In ffnuni, il f ~ Jfl ff~frl~if~ !t l ~ !ilf~ fIll If ~ ! . J . ~ ~ . t ~ to ""-"" .. < t \l t'"'C t:Q ~ n> t';j r;; 5" o .., n> ~ :::I 5 n> e- rn n :::I" o 2. ~ "-'" o Vi" ..... .., -. n ..... ~. ""-"" ACENDA ITEM NO. PACE <l OF 33 ?5' - -- ~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYORANDCITYCOUNC~ FROM: RICHARD J. W ATENP AUGH, CITY MANAGER DATE: OCTOBER 12, 2004 SUBJECT: PURCHASE AUTHORIZATION - DIAMOND STADIUM FURNITURE BACKGROUND The Lake Elsinore Diamond Stadium was dedicated on May 20, 1994. It was at that time that the Diamond Club and Suite furniture was first used. After 11 years and actual in-park attendance topping the 2.5 million mark in the 2003 season, the furniture in both the Diamond Club and Suites has begun to break down and become a concern of both the City and the Storm. ~ With over 700 minor league baseball games and hundreds of special events and facility rentals, the current furniture is in need of replacement. Approximately 37 chairs and 4 bar stools in the Diamond Club have broken. Of the original 48 bar stools in the Suites, only 40 remain in fairly useable condition although their stability and longevity is now a serious concern. Staff has met with the City Manager's office and the Storm to select the replacement furniture. Storm Executive Staff have been participating at all steps of the furniture replacement process. An RFP (Request for Purchase) was advertised with the sealed bid opening on May 27, 2004. At the time of the opening, only two (2) bids had been received. The first, from Fullerton Restaurant Equipment at $42,330.52; and the second, from Murry Hotel and Restaurant Supply, Inc. out of Colton for $48,530.28. DISCUSSION At the June 8th City Council meeting, this item was presented to the City Council for authorization. It was the City Council's direction to continue this item for 30 days. Following the meeting, the Mayor approached staff requesting this item be placed on the June 22nd agenda. The City Council took action to pull the item pending the final outcome of the stadium lease. With the potential sale of the stadium now terminated, staff is requesting that City Council reconsider the purchase of new furniture. Although prices have increased by 5 %, the manufacturer has agreed to hold to the original bid; a cost savings of $2,116. ~ AGENDA ITEM NO. PAC;: \ 3Y OF-J ~ FISCAL IMPACT ~ In accordance with Council Policy 300-9, item 5, the balance ofunallocated revenue is currently $1,732,062. There have been 6 items this fiscal year that have drawn from unallocated revenue totaling $119,690. The cost of the furniture is $42,330.52. RECOMMENDATION It is staff's recommendation that the Mayor and City Council authorize the expenditure of $42,330.52 for the purchase of new stadium furniture from Fullerton Restaurant Equipment and authorize the City Manager to execute the purchase order. PREPARED BY: David W. Sapp,DirectorofComm . Services APPROVED BY: APPROVED FOR ~ ~ AGENDA LISTING:..4 ~ IJ. A1~ ..t...~J'L -1<JZJ Richard J. Watenpaugh, Clty M ger ......." ~ AOENE>A ITEM NO. 3 '1 PAGe .~ OF _1 3 Thomas Buckley Mayor Genie Kelley Mayor Pro Tern Daryl Hickman Councilman Robert E. Magee Councilman City of 1!akt: Et1-ino'i-t: "Dne Cit!/:i got dlIlo'teJl MINUTE EXCERPT REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA June 22, 2004 ******************************************************************* BUSINESS ITEMS Robert Schiffner Councilman 34. Purchase Authorization - Diamond Stadium Furniture Richard Watenpaugh City Manager ,,--. ,..... , Mayor Buckley noted that this item came up during the last meeting as he understood that it should not be dtdded upon before the lease of the Stadium, so he requested that it be done before the end of the due diligence. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO PULL THIS ITEM FROM THE AGENDA. ijl)r \ VICKI KA~C, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE DA TE: September 28, 2004 730 ~outh d/Ilain ~t-tedJ .Lake Elj.inou, Cd!- 92530 Clefephone (909) 674-3724 'Jax (909) 674-2392 wwwlake-elj.ino'te.o't{j AGENDA ITEM NO. 3 y. PACE 3 OF f3.. i . /" i ,\,.. C' " '-.../ ~ v ...._ '-__" t{ } "-'" INTEROFFICE MEMORANDUM '''.__n__. . "..- _,_'_n ..------....... ---.-.-...... '~'__ ..,...~...._____...__,._____...__..... __..._.n...........__......... ----.....--..---.-.... "0 ..- ..-...-----.---.-.......______....._______...... _ _. .'M._ ___... '____0. __._.____....._..__,.,_~_....._______.._____._..___ - -,. ". '--.. . ... -... -- - .-. - - ...~- . - U_ ..___. .__._. "____... '_~'_" TO: FROr\.~: DATE: SUBJECT: / RICHARD J. WATENPAUGH. CITY MANAGER /7 /' DAVID W. SAPP, DIRECTO~ OF COMMUNITY SERVICES/if ,/ v-; 6/10/2004. MAYOR'S REQUEST Following th.e City Council meeting on Tuesday evening, I was approached by the Mayor requesting that Item No. 4 on the consent agenda (Purchase Authorization - Diamond Stadium Furniture) be placed on the June 22f1d agenda. Please provide direction as the City Councii took a:tion to continue the it/2m for 30 days : Cd...."" c. Assistant City f\'1ailager Director of Administrative Services Director of Community Development Director of Human Resources Parks and Open Space Manager Public Works Manager RecreationlT ourism fvlanaqer ...."" ~\GENi)A ITEM NO. 34 Lf N )3 /'""' CITY OF.LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: RICHARD J. WATENPAUGH, CITY MANAGER DATE: JUNE 8, 2004 SUBJECT: PURCHASE AUTHORlZA TION - DIAMOND STADIUM FURNlTURE BACKGROUND The Lake Elsinore Diamond Stadium was dedicated on May 20, 1994. It was at that time that the Diamond Club and Suite furniture was first used. After 11 years and actual in-park attendance topping the 2.5 million mark in the 2003 season, the furniture in both the Diamond Club and Suites has begun to break down and become a concern of both the City and the Storm. /"""' With over 700 minor league baseball games and hundreds of special events and facility rentals, the current furniture is in need of replacement. Approximately 37 chairs and 4 bar stools in the Diamond Cluh have broken. Of the original 48 bar stools in the Suites, only 40 remain in hidy uscablc condition. DISCUSSION Staff has met with the City Manager's office and the Stonn to select the replacement furniture. Storm Executive Staff have been participating at all steps of the furniture replacement process. An RFP (Request for Purchase) was advertised with the scaled bid opening slated for May 27, 2004. At the time of the opening, only two (2) bids had been received. The first, from Fullerton Restaurant Equipment at $42,330.52; and the second, from Murry Hotel and Restaurant Supply, Inc. out of Colton for $48,530.28. FISCAL IMPACT The funding for the purchase is available in the stadium budget for FY 2003-2004. RECOMMENDATION /'""' It is staffs recommendation that the Mayor and City Council authorize the expenditure of $42,330.52 for the purchase of new stadium furniture from Fullerton Restaurant Equipment. AGENDA ITEM NO.__? Y- ~,^."":~ ~,'~'~ , ) PREPARED BY: David W. Sapp, Director of Community Services APPROVED BY: ~~. Da>tI'd . Sapp, Director 0 unity Services / ~ APPROVED FOR ~ ~ AGENDA LISTING: Ii Richard J. Waten augh, City anag r "wt1' ..", ........" . .. . 3Y AGENDA ..1..lEM NV.. - '. !'(. pr~Gf:.1a___OF ~ CHAIR #C-43US BARSTOOL #B-43US ~width: 17Y2" width: 17Y2" seat height 19Y2" seat height: 31Y2" overalf height 34Y2" overalf height: 43Y2" weight: 16 weight: 23 seat: upholstered cushion i~ fi''; f~:'; .' i::"):~~;F;1:i;..::~:,:~:~,~i::-;:;i~'~f. {! -i!'2:'d!~~,(5 (i;!.~: ;$ ;,,;~...~,.' .:..~<;.:_~t.o:~J~.~~II~':'~ 5<..;-:~..,~,~r,;. ~c.;t-;':i1i:.-;- " -.t:..{~l.:r!~i (.." ~ = ;',.=" '~i :~.:,-';i' r J: ..; .,.: "'. .,~., f'''''''.: ...~il\!~-L' '-",! t.., ~~lU~~~ff<~~~fF~' .':.::' .. ., ~H;~~"~ .I?-~ It}.\;~~~,.~,~'';'::(;,'!(,F~;:''';" .'t('ilf,~r;I.,;,,- t..t{ '~~~~',~~,~~,':~:~:~~~'F.~.;.:(!~~(;. :: .~:;:;:~r-K' :::::::: ~.:~:: ;:: ~'I;i(f...:~;)O,~.~.~,:,rH:lIMt""';"S>,1,;';f'"'."";: . ~-o:a;." i-1,",{, ~.,:' ~...;1';..~:'...., ~'i-r.. s::.~ _r;.:!~-~.~~\i'~ :~;.~,' .~,.. ":' # -... - -"1" - j EUCAL yprus Jaguar - Grade 5 Waymar Industries seat: upholstered cushion CHAIR #C-30U$ BARSTOOL #B-30US width: 17Y2" width: 1712" seat heigh!: 19%" seat height: 3112" overall height: 331/' overall height: 45" weight: 16 weight: 20 seat: upholstered cushion ~ ,J --._-~._--_.__.-----~~---_._------ ~~.---- r TO ACCOMP~~l BID SUBMITT.~ ....., CHAIR AND BAR STOOL PURCHASE LAKE ELSINORE DIAMOND STADIUM PROPOSAL Name T e. 'P 14- -\- \<:. 1 .(J l of ~~l-l-E:-l2---C~.v R~~'T. &~v\t? Bidder Address B \:)$ & () . \\.4 (L.. l..... '4 \~ of Bidder "\$(,.; J , F'"u L L61'?- fJ,u { C Vl- C{:L&-, J L- . 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 purchase as set forth in Exhibit "AU, 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 propo:::;al is based upon Careful examination of the work site, SpE:cificat.ion~;, rn~;u:uctions to Bidders, and all other Contract Documents. If this proposal is accepted for award, bidder agrees to accept a purchase order from c:ne C~ry -J;_ the unit prices set forth l.r: the fol10\.jinc! bj.d schedule. "'-'" 'r !1t=: u: l,:-j t.~":~ 5; 1 q n c:d. tj:i (ld(::; r- ce r t i fie s t.Ila L L!"'; i :."; l-'11.()~~~C~f3~~l J t. :-:; :n;J c1 c ,~~ good fai.th, Vlitl)o\~L collusion or connection 1tJith allY other pCr~;()!l 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 int.erest of the City. The undersigned bidder understands that the chairs are to be delivered within six (6) weeks of the order date as iisted on the City of Lake Elsinore purchase order. Failure to comply with this requirement will relieve the City of all financial obligations to the bidder. Circumstances out of the control of the bidder shall be taken under consideration when applying the SlX (6) week requirement. ......"" 8 AGENDA ITEM NO. 31_ D...~.." .c/ nr.:. I..~.. ,;-"': b ";J "...... TO ACCOMPANY BID SUBMI~TAL CHAIR AND BAR STOO~ PURCHASE LAKE ELSINORE DIAMOND STADIUM BID SCHEDULE UNIT ITEM DESCRIPTION QTY PRICE 1- Waymar Chair #C-43US, #32 Finish 200 \S(). ..,~ 2, Waymar Bar Stool #B-43US, #32 Finish 20 \'lG.3q 3. Waymar Bar Stool #B-43US, #10 Finish 48 t"1q.3<; TOTAL COST -:7~, I ~2..<:)~ , 3 S er-r . \1~ ~_~~.'1L Total amount of bid in \.;ords: L~\,,-hf +\J...)~ Th~uSAuJ Thj1.~~ , _~ 0--_~_.olQ ~ J -I~~~~])_~f=. L-~_~J /r--uJ F ( P-J.-'f --t~0 C ~-^-.J+J Total amount of bid in numbers: "..... r,;L...\.25](\.5'L __._"'_ 1..-..--- .-- ....----..---.~.-----.-..--. NOTE: 1\11 work i~; ~3ubJect co j!!spCCLion by City. '1\11 ,-Jurk iJ) i;'.: c:x.,plc:ted \-Jithin tTo'lentY-~3ix (26) working . days. Any damaeJed !f!('YThandi~-;<:: co be replacui at.. 110 CO~;L to the City. "..... () 3i ~CENDA n::MJl.!O._-:---:---- , 9 0~ 13 . r EXHIBIT "A" Table Chair Waymar Chair #C - 43US, Beech Wood Finish - #32 Medium Brown Width - 17y/' Seat Height - 19~U Overall Height - 34X" Weight - 16 lbs. Seat - Upholstered Cushion Seat Fabric - Eucalyptus, Jaguar - Grade 5 Quantity - 200 Bar Stool Waymar Barstool #B - 43US. Beech Wood Finish - #32 Medium Brown vhdth - 17;,5" Seat Height - 31~" ()ve r a 11 He i q h L -- /1] W' ~-Jeight - 23 lbs_ Seat - Unholstered Cushion ~:;ea.t F(~lbri.(~ - !.~tl(-:'alYT)tus, Jag"Llar ,- (-;r~-icl(::J Qu ant i t'i - :2 0 Bar Stool Waymar Barstool #B - 43US. Beech Wood Finish - #10 Natural yhdth - 17;,5" Seat Height - 31~u Overall Height - 43X" Weight - 23 Ibs. Seat- Upholstered Cushion Seat Fabric - Eucalyptus, Jaguar - Grade 5 Quantity - 48 10 AGENDA ITEM NO. !::>~'":,- lo ~ ~ ~ 3\.f (V~ \3. /""' TO ACCOMPANY BID SUBMITTAL CHAIR AND BAR STOOL PURCHASE LAKE ELSINORE DIAMOND STADIUM PROPOSAL Name m \1 -(U(./\ '-! '.s of -i-};;TFL .~,.J5.0> ~S.-;/}VZ"N"' ..sV{'loC'-! ;;:-",c. Bidder Address p_O, ~0J. 'iLt.., of ?'1'x E, V'1'-L~-: .:$1-V,:), (~L.'fJI";, CA. O,7_s.2'-j 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 purchase as set forth in Exhibit "A", therefore to perform all work in the manner and time prescribed therein, The attached Bid Schedule is hereby 11k)(.1C a part of this proposal, ----- The undersigned bicki('1 (1':'<.,1,.:)"",;; that this propo:-:;aL i:; ha:-;cd upon careful examination of t-:he "Jork si te, Speci f icat ions, In:.:>t.L'uCl:. ions tu Bidder~~, and all n: hr.)' C\)!lLr,lct Docurnent~;. If: thi:; propo~;a] IS (,c.~cpt,:d f...,!' -0.\-.!a lTi , [;lUU,"J "'T':i.,'.:'~'; tu accept nu.c"};,": ,,',' ';leiCr' from the City at-: t,he l.l1ljL PLLC,,:S ~:;et [o:cthl.n the f.u.llU','Ji::~J bid schedule, The undersigned bidder cer t. J. f ies good Laith, without. col.lusion or or persons bidding on the work. that this profx,)sLll connect ion \'Ii t::h any _i. ;-; rn,~i d (-; 1 I1 other ocr-son The undersigned bidder understands that t.he City Council reserves the right to accept or reject any or all propos<J.ls or to waive formality or technicality in any proposal in the interest of the Clty. The undersigned bidder understands that the chairs are to be delivered wit.hin six (6) weeks of the order date as listed on the City of Lake Elsinore pu:cchase order. Failure to comply with this requirement will relieve the City of all financial obligations to the bidder. Circumstances out of the control of the bidder shall be taken under consideration when applying the S,lX (6) '.'leek reauirement. ,..-- n o AGENDA ITHo" NO. Dpe";: . \ \ ~y OF L3. TO ACCOMPANY BID SUBMITTAL ~ CHAIR AND BAR STOOL PURCHASE LAKE ELSINORE DIAMOND STADIUM BID SCHEDULE UNIT TOTAL ITEM DESCRIPTION QTY PRICE COST Chair - L Waymar S?~ ~ ~" #C-43US, #32 Finish 200 (12- 3'-/ SIlo , 2. \lJaymar Bar Stool -tJ ~- -l-0 ttB-43US, #32 Finish 20 ~C-S' __"2..; Y, / OL{- 3. Waymar Bar Stool -&S J}. C6 ). _,"-- _Ll 92 s-o.- IiB--43US, HIO Finish 48 - '-'~- -~----_. Total amount of bid in words: -t=-c e\~ E: ~:J)4 _ Jl- (,.r~.. rJ.f) -r-: v~ ~r\ .~\. 1),,1\-."50. ""'.{) JuJh.J',/ T: l--L ((.<ts_ n_n_ __ ____) _ __ _______.._____'-'-_________J._______._._________.___ ~'-l oJ 0 '-.11....:) 'r()~_ ".' _ ,'iEK)tlflt ().f bic1 j 11 nllmb(-::r~;: I - -__ -L "- --t \,::~ _3C - 1'.J(fi":-~: /..._~ ~ \:J()r.t-:' _Lr; ~jllbject t.() i.n~:;r)(~(.~t. iJjij L.l:" complet0~ within twenty-six (26) working Ii'it:::; U:c,llc}ise Lo be replaced at~ no co~-':-_ to i.~h(: ('.' :i. t~ ~J 7\J 1 t-JOrk r 0 t-)- Any darna9cd -~ days. C]ty_ <J;/JA-D JIM"-,^<> f/l ~I(..C)~'~ S3Li2' So -~2"p.( ~.,,_t-,,- +.v~ .-<7 ljJZ,D s;; v ~ ,Z rJ3:,. :'::>1 -, - J ) e:- ~- Ii. . "} \v)- 'i{2 s:- I ~\ L ';/\ ,j. rj C"') 'S 2S - n.:. l- ,....." 9 ACENDA ITEM NO. PAC'1:-u J _6 (; r: 3l) \) .~ EXHIBIT "A" Table Chair Waymar Chair #C - 43US, Beech Wood Finish - #32 Medium BrO~l Width - 17'//' Seat Height - 19~u Overall Height - 34~u Weight - 16 lbs. Seat - Upholstered Cushion Seat Fabric - Eucalyptus, Jaguar - Grade 5 Quantity - 200 Bar Stool Waymar Barstool ffB - 43US. Beech Wood Finish - #32 ~'ledium Brovll1 VIidth - 17Yz" Seat Height - 31~u Overall Height - 1J~u \tIe igh t -- L3j :.i:5 - ".-. Seat -- UphoJ ,~t,~rpd e\l::;h] em .(:; C;' ,?. tF Cl tJ 1- ': (~ :';>1(' ; ; ". ; .. I : . ~ -- , , .' <.! ( ; ~ : C; r '':1 (} C. QlJarlt~ i ty' .! i_' Bar Stool Waymar Barstaol US - 43US_ Beech Wood Finish - 1110 Natural Width - l7'/;" Sea tHe i g h t - 3 1 '/;" Overall Heighr 1J~u Weight - 23 Ibs_ Seat - Upholstered Cushion Seat Fabric - Eu<::alyptus, J,vJll-)!- -- Grade 5 Quantity - 118 ~ 10 3Y ACEl\lDA ITEM NO-_ ~ pAGE \ 3 d__OFJ--3------ ",-.. CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL SUBJECT: MAYOR AND CITY COUNCIL RICHARD J. WATENPAUGH, CITY MANAGER OCTOBER 12,2004 MEMORANDUM OF UNDERSTANDING FOR THE ACQUISITION OF PROPERTY WITHIN THE CITY OF LAKE ELSINORE FOR CONSERVATION PURPOSES TO: FROM: DATE: BACKGROUND ~ On January 13, 2004, the City Council approved the following Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP") documents subject to specific conditions and/or modifications: (1) CEQA Findings Resolution; (2) Implementing Agreement; (3) Implementation Resolution; and (4) Joint Powers Agreement ("MSHCP Documents"). On May 11, 2004, the City Council approved a Memorandum of Understanding with the County in an effort to address a number of issues raised by the City's approval of the MSHCP Documents. At that time, the City also reconsidered and approved the form of the Joint Powers Agreement entered into by other participating jurisdictions. The U.S. Fish & Wildlife Service issued the Incidental Take Permit ("ITP") for the MSHCP on June 22, 2004. With the issuance of the ITP, and approval of the MSHCP Fee Ordinance by the City on July 27, 2004, the MSHCP is fully adopted and effective within the City of Lake Elsinore. As a result, the City is now reviewing discretionary projects for MSHCP consistency and coordinating its review with the Regional Conservation Authority ("RCA"), the joint powers authority formed under the MSHCP. The Memorandum of Understanding, set forth as Exhibit "A" to this report, is an agreement drafted by the County of Riverside that addresses the acquisition of 598 acres of property owned \ by Tri-Valley I, a California corporation, located east of and adjacent to Interstate 15 in the City of Lake Elsinore (the "Property"). The MOU has already been executed by the County of Riverside and Tri-Valley 1. Because the Property is within the City of Lake Elsinore, the MOU requires approval and execution by the City. DISCUSSION Acquisition Costs The County of Riverside is obligated to pay $5,168,152.00 for the acquisition of the Property ~ which funds have been deposited in escrow (Escrow No. 42035141-K53). The City has been informed that these funds were obtained by the County through Riverside County Ordinance 810. Staff Report - TT Group Fahmy MOU.srI00604.doc ,.,- AQENOA .TEM NO. 3) PAGE-L OF 9 10/7/2004 1 Accordingly, the acquisition funds are not being provided by the RCA or derived from the MSHCP. However, the acreage will contribute towards the City's fulfillment of the conservation obligations set forth in the MSHCP. A letter from Chicago Title Company verifying the source of funds and the existence of the funds is attached as Exhibit "B" to this report. ..." MSHCP Fee The MOD reflects the ability for a participating jurisdiction to negotiate a reduced MSHCP fee during property acquisition negotiations. The City is in the process of developing and implementing its Lake Elsinore Acquisition Program ("LEAP"). The RCA recently reviewed the issue of MSHCP fee credits and will likely adopt RCA policy on the subject matter in the near future. Regardless of the policy enacted by the RCA, the MOD is a representation of how the City LEAP can administer MSHCP fee credits under proper circumstances. The City's MSHCP Fee Ordinance establishes a development exaction of$859 per dwelling unit to $5,620 per acre adjusted annually. The terms of the MOD result in a reduction of the MSHCP Fee that would otherwise be imposed upon dwelling units proposed to be developed on approximately 392 acres adjacent to the Property. Future Development The MOD references the future proposed development of approximately 392 acres. This reference adequately describes property that is entitled to receive an MSHCP fee credit. However, the MOD does not entitle the property in any manner. Any future development proposal will be subject to City review and approval. ~. FISCAL IMPACT Neutral. Pursuant to the terms of the MOD, the $5,168,152.00 acquisition cost is a County obligation. The City has no financial obligations under the MOD. The MOD provides the property owner with a reduced MSHCP fee for future development. The City is obligated to forward all collected MSHCP fees to the RCA for future property acquisition. Therefore, a reduction of the MSHCP fee that would otherwise be imposed by the City does not result in a fiscal impact to the City. RECOMMENDATION It is recommended that the City Council approve the attached MOD and authorize the Mayor to execute the MOD on behalf of the City of Lake Elsinore. PREPARED BY: BARBARA ZEID LEIBOLD, CITY ATTORNEY STEPHEN M. MILES, ASSISTANT CITY ATTORNEY APPROVED FOR AGENDA BY: ~~~~ CITY MANAGER'S OFFICE '-'" Staff Report - IT Group Fahmy MOU.srI00604.doc AQENDA ITEM NO. '.) S _ PAGE ~ OF-L 10/7/2004 2 -eI .......,,&. .Oi22I2DO.' 10'" >AX '.'t.t' rl~ .~...,= .. . I( EMORANDUM OF UNDERSTANDING .BETWEEN THE CO NTY OF RIVERSIDE, TRI.VAlLEY 1"AND'T)iE CITY OF LAKE ELSINORE WITH RESPECT TO 598 ACRES OF~ROPERTY IN TtJE CITY OF LAKE . . . . .. ELSINORE '. . . 1 I:: . ~ .'~ 1 ~ 2 3 4 5 6 7. 8 9 10 11 12. 13 "...--. "...--. . '. , , , THIS MEMORANDiJ~ OF U~D~RSTANDIN(3 ("Moun) Is .en~ered i~to as of the .. II) . ~ay Of.~. 2904. by ~nd a~pn9 ti}e CountY of Riverside. a political SU:bdi,,:i$ion. .of the. siaie o.(/california,' (~erein called nc~untyll), . Tri-Valley, I.'a 'CaJifOr:nri~ '. corporati~n (h~reln called "Tn-Valley"), a~d the City: of La~e Elsinore, ~ MUi!lcipality ,of the State of californl~,: (herein called (UCrty), .With r~ference to the following fa~; RECITALS. ,A.. . Trl-Valley is ;the .f~ title property own~r of ~h~ s1.Jpje~ 998 acres of . unlrryproved real pro~~rty located .both wltt:'ln, and in the ,,:Icini~ of, the City; as more , ' . , . ..' fully described in Exhib!t.'"AIt a~c!1ed her~to and incorporated herein; (herein called I . . " ' ,. , . ~Property~). : , ." 14 B. I~ cooperatton with local, state. and 'federal entitles, the County has . . 15' prepared 'and adopted the Wesiern Riverside County Multiple Spec!es Habit~t 16 Conserv~tion. Plan (MSHCP) for the acquisilion of open space property' arid ,the., 17' 'preservatio~ of ~e wil~life af1~ .their habitats: . D~rln~ th~ C9urse of the co:tin.~~~' 1-8 preparation of the .MSH~~, if was det~rmined that .the Prop~rty' is localed' wi~~tiih.;'t~~' ., . . ", ",.' '. ., . . -' '".\. .,: ,-' . '.. . 19. ~oundaries of the M$H,CP .and '.~as been identifi~d' as . co.ntainin~ . habi~()q'r.';A~~' .'.,:: . . .. ..', ' '. . ... '.._,.. '. .: ,t 20 Califofnia..Gn~tcalch~r..' .. .'. ,. ....:..,;,\~':t.:.~:..L?: {".. " . . .'.. "..' ". :::'~!::~~~.:;'~':.. .~l- . :;~I~~ C. .. Tbe parties. represent and acknowledge. that they are ",a~!Jre~:'~~r ::.~., . " .'. .'. . . .' . ,... .,.:";:;".:f:;~~ri'e;::'.~'~;:~' .'~:'. .:22 .the ,fina,.bounc;fC!u1es Of t~e Property ~ave not yet~eel1 finally determin~~~:i~:Jh~'t~:~' ;::,.'.. . '. . . . !. . . . :'';: ;:.~./~~:;F~~~:~tit:i..)~::!. .~<',. 23. grap~I~1 depi~on of such property ~ontained on ,E~hi?it ~A", th~U~,~'.i:~~~~~~JJ~!!t.>).~:"i . . I . ' ' . ',' ','f ,,,;,,,~~~:"..:"~~f.A._:~.;:-~::-' ,., ,'," ',.. I 24 accurate as to locatiqn. is irnprecis~. as to p~rcel conflguratlon and leg.arqt{~i.~~JiG;~~: .:,~~: . , , . , . . . ',' : ..' , ,~', . , "l~"'~ ~t:i~.::~~?:~~tf~~j"r (:~::.~ :'..:.". 25 ~oon a~ the actual piopEnty. boundaries h~ve. been fully establi~h~~,;~~f9.~Q;lW!t,~.~~' if, ;.'-;. I , . , I, ".' '. ~.~?~~~~.;:~ti~;;j:.';l.':;~~~~:':'!'!,t .;..~" 26 mapping, Tn-Valley will provide the parties with legal descriptions. of:.~."~;fd~~' ,.~p~.w:i <: I: . . '. ':, . " '" .:..j\:';l:...~;:t~~~-: :' .:.,-'..;~~;'''~~~ ~['''",,,< 27 for their review.~nd approval, 'which approval.shall ~ot be un.reas~f\~~~~~~~Z~~k~~i~~A~f:~..:;.',: , .. .~. ..,,~~/r.;....l!.~ <, .."'. 'J ".~:ff;;- ,- , . '.. . ",. . ,~.i~:' ..}~~:}:r~i~i~.~~1ri/lf ~i ~<::,' . .', ",~~~"""~I'l:""{t'~_<:",..E{,:,":,~,,~ . i~,____".;..P8'" 015 .~~':~[;~~Iil~~~~i:;.: ... . ., '. i';:.~:;~~~.?\ r~'~}'~~~.f;::~"i'. '~f.:' ..,;.: '. : '. 0: ~':::li~t.. ~t.il:~~}f,!..'/o/td-~,,:,{ ~~~_. ", " ," ", . '. ~""."',""'- ~,.....~"\: lj' 'iV~' r . ,~' ~~'..;';.,"';::~~...-rtA':c.~"~~~~.f".,,.~k~~';.Sa,"';;"ll'.',"._ 21 28 AQ.ENOA ITEM NO. 3 :) " PAGE '3 OF5 9494576305 PAGE. 02 OCT 07 '04 11: 23 U~I ~&.I ""'\1"6 .Lv..;o ,,'a~ ovo I ~ ov..vU' "'-"""WAA.",, ..'-~'"'.....""'...".. "C;I........- ,,1- ,\ :. .. " ~ '.' I, . ,I ,D. The parties have agre~t;J to, enter Into this ,~OU in ord~i to , . . 2 memorialize' ,their ml.ltuat intentions and, ,8weement, :concerning the ,terms of the ~ 3 acq~isition. I. I . , .. . 4 NOW THEREFORE. .together with :t~e ,mutual promises, ,~nderta!<jngs and 5 ,agreements of the parties ~s herei~aftl~r' ~et f9rtt.1. .the ulldersigned partie's to this MOU 6 ~er~by agree as follows:. ; " , 7 1. Lo,cation of Trj-Valley's P.roperty~ Tri~Valley owns. or ~as controlling 8 interest, of th~ P~operty. It is ,c~mposed ,~f S!X (6) s~pa.rate Ass~ss?r parcel numbers 9 and 'eight (8) separate parti~I,'p~rcel numbers, all contiguous to one another, n1or~ fully . .,' . . I. 10 described in Exhibit HA" ~tta~hed 'nerEno ~nd incOrpo~ted 'ryer~in:, Thjs prop~rty ,is . '; I 11 loc;ated 'south a~d Immedlat~ly ~djaceflt to Interstate 1, P and east ~f Lake St~~et. ' I ~ " . . 12 2. Purchase Prl~e. The purchase price to ~e'paid'by the Cota'nty'for the, " , . . .. . '13, subject 598 acres is Five Miliion One Hundred Sixty Four Thousand Six H\Jnd~d and' , , , '14 Fifty.Two Dollars ($5,1,~,657.00)- ~~, Acquisition Agreement Is detailed in Exhibit "8" 15 attached h~(eto and incorporated herein. The'Acquisition Agreement is subject to th,e , , 16 Q~unty receiving and' accepting an appral~al repoi't that meets State and Fed~,ral, 17 s~ndards. The agreed upon purchase price is npt inclusive Of any ~nd' ~1I fees and . . '.' " . . . '-' 18" taxes. '. . . 19 , 3. , , .Envirofl~ental Mitigation ,Fees. In addition to the subject !?98a~res being ,22 " ~' .. 20 sold, to' the, County. Tn-Valley.also owns an a~ditio[lal' ~92 .~~res :of;vaca~ prope~ 21, adjacent to said p'roperty, which' it-plans to' develop (the "Dev~lopabl~ Property") , whiCh ;~ 'al~~ des~ribed, in 'Exhib~. "A". ,rri-V~lIey unde~an~s th~t' it must mitigate',' it~' 23' '~nvi~o~mental impacts of' the 392' 'apre ,:P~V~lop~bl~ . ~~perty in' acco~ans~ 'N.~' , . .' . . . .. .~ ..' , . ,,: . . . . . ... , ~ '.. . I' \ . ", :'1 . . Paragraph 3 Wi~in. County and Tri~V~lIey agree tha~ Trl:-Valley has a period:,bf:::JJ,P.,:!O,5, .': y~ars, 'comme~Ci~9' upon tbe :e~ecut~9~ 'of ilie' Acq~isltIO~' Ag~eement.. t,~~':;~~'j~::',~h~!~ ':: , . . '. 0.'.,.... ... I . 26 er'!tltlements and pay. to the City, a MSHCP 'm~ti~ation fee ~f $4}2.00 per:;..ECQn,:9.~.ic ':, . . I . I . . . .." ~ I . .., 27. Deveioprnent Unit for 'each residentj~1 ~njt on ,'the Dev~lopable Proper,ty,;'::T!~j'{~I~~~: ~~'.. ',' . . ~ '... ,"0 ,. \ .. obligated to pay to the, City a mitIgation fee ~f $,821.00 'p,er Economic De~eIOP.m~~t:,:Y-rl[(, : ;::': '. " .' " .. ,; "'. :,. '" . ~. '~. . ';, ,.. ,'. '.. \'. . 25, , 24 28, SI':cw G1J26Ill4 ~.I/'lQclGn~lII Pr_~CIl\I)$..l1-t.,~~ Page 2 of.5 . .... -. . . : ... .', '.~. .' . I.. ,': : ~ ' ; ".:": . " ,:: :0:::' , .. ...;~:;?:l}':t'::;.. · ~ OCT 07 ' 04 11: 23 '"3/' "AGENDA ':TEM NO. ,) PAGE~ OF '\' 9494576305 PAGE. 03 ."":'-- ..- ---..-....--- .... ........... ..-.. .......-- .. .... '~ . , ... . . . ~ ' . . . . ~. . 'I' ," , ' . ' . . if'it .develops th~ Devel,opabie Pr~perty within the 6 to 10 year pe~od_ And fin~lIy. ,Tri- . 2 Valley agrees, to. pay '~h~ p~~~i1i~g ..mitig~~n. fee ~~r ..~ny .deV~lopment 'on the. .', 3 Dev.elopa.b~e Property lh.~t .oc'curs aft~r: t~e 10~year' t?rm. Coun~y ~nd. Tri-yaUey ~~e. 4 tryat Tri-Va'li~y m~y pr~-purch~se the tnitigation fee for a~y unit it seek~ to de,;,elop,at , , I . . 5. 'the rates stated herein, even 1f said unit is f1ot'a.~ally developed within ij1e particular 6 . window' p~riod when' the fee is p~id> 'E.~. i-ri~valley may pay th~ miti9atlo~ fee for.100; 7 un1ts during the f!~st' ;year '~eriod.' at '~1..200.00 and d~veto'P thes~ 10~ ~nits dur;ng . ' ' '8 the 6 to 10 .year p~riod with~ut being liable for an. increased Ordinance 810 " ,,' . . , . 9 environmental mitigation fee rate (conservation' mitigation fee): In addition to Jhe above, . .0' , . .. I . . . 10 th~ 'partie~ aCkl1owledge'that Tri-Valley. may us~ the' Property wii~' County's apProy~J. 11 '.~hiCn shalf n'at 'be. ~nreasp~abIY 'withh~ld. ~hether'befote or 'after theC6u'nt}/s 12' purchase of ,he Prop~rty. to mitigate impacts to sensitive habitats (includil'Jg_Withodf , . 13 limitation. creating,. en~anclng. .or preselVing 'sensitive habitat) in .connection 'w~n'Tn- 14 V~lIey's development of tile Dev'elopidjl~' Property, including, Without'lithitatiol1, (i) any mitigation necessary ~o comply,with a Clean Water Ad &ection 404 permitfrol'n the U.S" Army Corps of Engineers" ~ .biological opinio~ and incidental tak.estate~ent from the I '. ... . ' U:S. Fish. and Wildlife Serv~ce. a C,lean ~ater.Act Secti~n 401 wat,er qualjt~ certification from the California Regional Water Quality Control Board, a" Califo.mia fish and Game , . , j -, - , ", ' ~o~e Section 1~o~,st.reamped',aJteratiPn ~gre~ment from the ~Iifo~ia' oepartman.tOt Fish and Game. and CaliforIJia Fish and' Game Code Section 20'81 . indden~ltake . . I' "" . ,,-... 15 16 17 18, '19 .20 21 22 23 24 '25 26 . .27. ~e~jt (Collectively. .the ~Mitig~tl'o.n").. Any ~h~sical ,modi~ca~~on to ~e Prop~rty acq~ir~ ~y the County 'shall be .in ,acc~~d.~nce with' 'JTIitigation standa~s req~ire'd' by.',the apPlicabl~ resour~ agencies requ Iring S~Ch "Mitj9.~tipn. " '. , . (a) , . County '.and Tri..ValleY'.~gree .that. all' or portions of the 392 acre D~ve;opabte:prop~rtY"iS I~cated ~!thiri'the d~Sjgnated C.rite~ia Cell'~' of th~ MSHC'P ma~ an~ that the ,p~yment :01 the a'~ve noted f~~s' 'Satisfies any and' all' City and County ,I. I , '. ' required conserVation~ mitigation fees .for deveiopment of Tri-Valley's 392 acre . . , " ' 0 .. . ' '. . '. 28 Developable Properw: .It .is 'fu'rther un~erstood that by paying said.' conservation . ,-... SF;cw o II2I1OC &lIAeaIPrll~ PIQP~~,clc.aoe : PaQe ~ of 5 , ' . AQENDA'n€M NO.' .3).', PAGE 5 OF-3..-. OCT 07 '04 11:24 9494576305 PAGE. 04 '. '2 '.3 4 5 ....6 7 '8 9 10 1'1 12 13. , 14 15 16 17 . .18 19 y:-,. , .::'." . " mitigation fees ,and .by selling the 598 acre Property,to County, Tri~Valley shan n'ot be . .... . : " .' - . . -.. ..' responsible for any further CitY and County required conSerVation mitigation of ~ny kind . " , .. , '. . '. .) including without Iimita~on, any subs~quent discovery of endangered species 'or ~ny further bioloQicid su'rveys" for any proposed 'd~VeJOpm'ent on. the De.veloP~ble.:p~operty. , . . . . . . (b). On~e the Environmenta.l, Mitigation. Fe~s i.denti:fi~d ~n Paragraph 3.' above, are accepted by Tr.i-Valley through the acceptance ofthis'document. the.County an~ GitY c~ncur that ~ri-Val~ey is in C~,~pljance with $ection 6.1.1 of the MStiCP. In addition, Tri-Valley's 392 acr~ D~velopable. Property) ~hown o~ Exhjb~t "p:".' is , , . considered fully consistent with ~~e go~ls, p~licies. and criterfa of the MSHCP by .' . . ". I . .~Iverside County, and Tri-Valley shall not be ~esPQJlsible for any further City and , ~uno/ required c~nse~ati~n ~;tig~on ~f any'kind" jn~IU~jn~ without I~mitatio~.f~r,an~' . . '.' .' . . . . subsequent' discovery of endangered species or for any further biological sUlVeys. . : '. . ..' : '. , ,4.' ' , Coop'eratiQ~. City and County agree to cooperate with TM-Valley and . (' , " . .'" assist in facilitating furth~r lot-Iin~ adjustments and other parcel reconf1guratio~s. , I " . 5.' Property Bound,artes. . The parties represent and acknowiedg6 tJ:lat they ~re aware tl1at the tlnal boundaries ot the 8ubjeGt 598 acre P!operty and ~he 392, acre Developable PrQpef1:y identified on Exhibit "A", ha-oJe not Y6t been finally deteH1i1ined and , ' .' . t~at the grap.hicaJ depic~onsr tJ~ough sub~ta~tially accurate as to location, are i.mpreCise I . . I ..,' , . . as to legal parcel configuration and d~i~riation'. a~d, thus are int~n~ed ~nly.f~r~eneral . , " informatlonal purposes. . fO ....." ~ , .' 6.' . En" tire U~derstanding. Modification. This MOU contains the: en~re .21. unde~nding b~tween 'the partie~ "respecting -the' matte~s herein set . forth ~nd 22 , , "'. .' '.' ...",... , . ..' . supersedes any '~nd all prior discus~ions, ~greements and und~rs.tandlngs among the 23 . .' '. . ',..'.'"".. . . parties 'respecting such matters. Thi$ MOU may not be modified or amended except by :24 ' "'. '; . " . . .' .' .... . a written addendum sl~~ed by all the parties. ' , . 25 . . . (a).. Govemirlg Law. This .MOU shall be construed and enfor~d 'in . . . .. , .. . ., .' .. accordance with the laws of the ,State of Califor.nia. 27 26 . I 28' BF;~ . 0112&104 $."lRto~ f\rQpon~I1CP\ll~,#14'Q~ Page.4 of 5. ~ OCT 07 ' 04 11: 24 AQENOA ITEM NO', 3 5 PAGE 0 OF~ PAGE. 05 9494576305 - -.... ..... . .... - . , ,I: , '. (--:-~ ' . ' '. ,.' , '~:, tI , . l' , (b) . ,~ucce~so~ ,and Assigns~ Exce~t '~~ set forth beloVJ,Jhe rjgh~ 2 and/or Qbligati~n~ under'this MOU' s~ali' not be tra'~erable or aSSignab;e by any p'a~y.. " ... .'". '.'. .' ,'. '. '3, N~twithstanding, 'the for~oing, Tri-Valley ~f;lY ,.assign this MOU to any ~uccessor in 4' interest..of Jri-Valley in ~nnection ,with a transfer 'of the D,eveJo'pableproperty to such ,5 successor: , , ' 6 IN WITNESS WHEREOF, the part~s hereto ~ave exec~ed this Memorandum of . . 7 Unde~nding, as ofthe pate firs~ above written." ' ' 8 ' COUNTY OF RIVER IDE 9 10' Dated: 11 12 13 14 /""" 15 Dated: - 16 17 18 19' Dated: ' , , 20 '21, 22' , 23 24 . . ~ , 25 26 , 27 28 ' /""" ClT;y' OF LAKE ELSINORE . By: , Mayor TRI-VALLEY I, a California limited :.:7~~~ r!:::e . ..~. Name:', " Y'r;he0 Its: ' ~~ tJ>>P~ ,,' .. ". .' , . S~llW 01J:llllOol ~Pr~ 1'fe~P\lliHM.'c.tIOe ,Page 5 of 5 AGENDA ITEM NO. .35 ' PAGE.:::L OF-L <# ~ . I 9494576305 PAGE. 06 ) , OCT 07 '04 11:24 } . ~ ~ , 1 i 1 ! i 1 , i I '1 , ...~--'" --.....--......... _" a.- . tf', ",' . : , ,', (" ~ , '. - " . , 'I . . Tti-VCi.lley 1 ~rop'e,rty',_ '-' " " . , '. . eft: J....................... . , - ...... "'" -.... .~-~- 1CISl""'- .-- \ , ---.... ....,..,...,.....- ~" .N .W E .' .', "Exhibit "An . , ' " s "'" OCT 07 ' 04 11: 25 '.' " '~ AGENDA ITEM NO ').) . . PAGE.L OF Gf 9494576305 PAGE. 07 CHICAGO TITLE COMPANY ,r-- 560 EAST HOSPITAUTY lANE, SAN BERNARDINO. CAlIFORNIA 92408 (909)384-7625 Fax (909)384-7865 October 6, 2004 City of Lake Elsinore Ann: Stephen Maes City Attorney 130 S. Main Street Lake 8sinore. Ca. 92530 Re: Escrow NO. 42035141-1<53. by and between T.T. Group. Inc.. as Seller and County of Riverside. as Buyer " Y~~?f;ffJ;A~ii~:~iiiti.;h.:::-i;'" Dear Mr. Miles. In connection with the above referenced Escrow transaction and In accordance with the request of Chad Wilshire of T.T. Group. please accept this letter as Escrow Holder's confirmation of the following: 1. The County of Riverside. as Buyer. has deposited Into Escrow funds sufficient to close EscrOW in the amount of $5,168.152.00. which consists of the Purchase Price of $5,164,652.00. plus Escrow charges of $3,500.00. I have been adVised by Brian Smith of the Economic Development Agency for the County of Riverside that the funds deposited into Escrow were obtained through Ordinance 810.1. -- cc: Chad WDshire sent via ema": ceosurfer@aol.com ,r-- LTf13 .-oa/22/86bk OCT 1217 '1214 11:25 '3 / AQENDA 'TEM NO. :) PAGE-i.. OF q 949457631215 - - PAGE. 08 ~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: DICK W A TENP AUGH, CITY MANAGER DATE: OCTOBER 12, 2004 SUBJECT: CUL TURAL CENTER RENOVATIONS BACKGROUND The City has a 2002 Lease Agreement with the Lake Elsinore Historical Society for renovation and use ofthe Cultural Center basement for a local museum. The Lease provides for a five (5) year term and optional ten (10) year extension, at a rate of $1 per year, if certain improvements are completed within the initial term of the agreement. The Society has diligently pursued these improvements, but has exhausted the available funding to complete the repairs. The City has also made a variety of repairs and renovations to the facility in the past several years unrelated to the proposed museum use. Additional repairs are' also needed at this time. ~ DISCUSSION The Historical Society has requested $20,000 from the City to fund the remaining improvements to the facility. These improvements included plastering, painting and other disparate repairs which will bring the facility to public occupancy standards and would be permanent to the structure. Staff has noted additional interior repairs from previous water damage to the street side of the basement office. The cost to repair the damage is estimated at approximately $5,000. The nature of all the proposed repairs falls within the bounds of services that can be provided by the on-call vendors approved by the City. With Council approval, the work could be assigned to these vendors and managed by staff in cooperation with the Historical Society. It would also be possible to meet the desire ofthe Historical Society to have the museum open for the public before the approaching December holidays. FISCAL IMPACT The proposed repairs would require $25,000 be funded from the existing General Fund Unallocated Reserves. RECOMMENDATION It is recommended the City Council authorize staff to proceed with the anticipated repairs and that funding be allocated from the General Fund Unallocated Reserves to cover the cost of improvements. PREPARED BY: MARLENE BEST, ASSISTANT CITY MANAGER ~ APPROVED FOR AGENDA BY: ~~ CITY MANAGER'S OFFICE 36 NJ'IMDA rmt NO. ~ I o.~ J Lake Elsinore Historical Society "-'" Mailing Address: P. O. Box 84, Lake Elsinore CA 92531-0084 Museum Address: 106 South Main Street, Lake Elsinore CA Telephone: 909/245-4986 or 909/245-9230 September 21, 2004 Ms. Marlene Best Assistant City Manager City of Lake Elsinore . 130 South Main Street Lake Elsinore CA 92530 /1""';:':."'1 it: C.....::T:TT~.. ;. "'~I" . 1 ~___~.J ;..::;~ :j , 1""'!/1 '-..--.. . ,~ , j 1 In) SEP 2 2 2004 , ~ l "-.,..-._~,...""- "'~-',,- --.-,..,""".......".~-<._-, ~ ""-'.. .-..... ......~ ,-.,- .". Dear Marlene: The Lake Elsinore Historical Society is requesting $20,000 for the final restoration of the Cultural Center Basement. ..., Thank you for your consideration of this request. Sincerely, ~~ Ruth Atkins Secretary "-'" '3~ ~~ I1'9t NO. AAGE 2-- ~..3 /""' September 21, 2004 To: Marlene Best From: Ruth Atkins Subject: Cultural Center Basement Expenditures The Lake Elsinore Historical Society has spent the following monies in the restoration of the Cultural Center Basement: Phase # 1 /""' Phase #2 Installation of Handicap Ramp and Unisex Handicap Bathroom $14,289 Upgrade electrical system $16,300 Total $30,589 If you need further information, I will be happy to provide the details. ,-. ~~ ~~ ITBI NO. PAGi5 3G OF']