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Home My WebLink About09/26/2006 CC Reports ;. CITY OF LAKE ELSINORE. CITY COUNCIL AGENDA ROBER1' Eo '"BOB" MAGEE, MAYOR ROBF.RTL. SCHfFFNF.RtMAYOR 'RO 1'E1\I THOMAS BUCf(LEY,COUNCILMEM$ER DARYL HICKMAN, COUN(.'U..MEMllER G.ENIE KEU.EY, COUNCILMEMDER ROBERt A. BRADY, CITY MANAGER WWW..LAKE-ELSINORE.ORG (951)6'14-)12<1 PHONE (951) 614.2392 FAX L.-\KEELSINORE cur.TURAL CI!JNTER 183 NORTH MAIN STREET LAKE ELSINORE,CA 92530 *********.,,**************************************************"* TUESDAY, SEPTEMBER 26, 2006 - CLOSEDSESSI()N AT5:(K) P.M. PUBLIC SESSION AT 7:00 P.M. l/you o;re.attending this City ~ot.plcil Meeting please park in thePaf'km, Lot across the street from the Cultural Ce~t~r. This will. assist us if! Ihniting the impact ..' of · meetings on the Downtown' Business District. Thank youfor yourcooperationl CALL TO ORDER ROLL CALL CLQSED SESSION RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE. OF ALLEGIANCE !NVOCATION- MOMENT OF SILENT PRAYER ROLLCALL PRESENTATIONS/CEREMONIALS A. Proclamation - Susan G. Kotnen-lnland ~mpire race for the cure. B. Chamber of Commerce update. . I, .<I ~ Pagel^- QtyCoU.etlAgeuda~ September 26,2006 ~LQSED SESSIQN ~PORT ' fYB!tIC Q>~~-liQ~-A~ENnIZEDITE~S -1 MI.1!IlII (Please read & complete a Speak:er'sForm at the Podium, prior to the Start of the City Council Meeting) . Pl19L1C COMl\iEN1'S -AGENDIZ~D ITEMS -3}Htt'ltJTES (please read & complete a Speaker's Form at the 'Podium, prior to the Start of the City Council Meeting. The Mayor will call on you to speak., when your item is called.) c:QNSENTCAL)j1NDAl! (All matters on the Consent Calendar are approved on one motion, unless a Councilmember or any member of the public requests separate action on a specific item.) , 1. Minutes. a. City Council Meeting - August 8, 2006. b. City Council Meeting - August 22, 20Q6. RECOMMENDATION: Approve. 2. Warrant List- September 14,2006. RECOMMENDATION: Ratify. 3. InvestmentReport':" July 2006. RECOMMENDATION: Receive and File. 4. Claim against the City. RECOMMENDATION: Reject the ,claim. f; , _ _ _ _" _ " _ d " ,'- _ ',>" _ '.', " _ '_ Page 3 - City CounCil Agenda -.. September 26,2006 . , 5~ Street vacation of, a portio:q.of Joy.Street. RECOMMENDATION: Adopt ResolutioIlNo, i2Q06-1 53' ordering the vacation ofaportion of Joy. Street. Directthe City Clerkto record said street vacation with the.County Recorder. 6. Notice of Completion for Machado. Street Improvements. RECOMMENDATION: Authorize the Mayor to execute the Notice of Completion. . Directthe City Clerk to file the Notice with the County of Riverside. 7. New copier leaSe with Temecula Copiers for Engineering Department. RECOMMENDATION: .. Approve the lease agreement. Authorize the City Manager to execute the . lease agreement with Canon Financial Services, Inc. Approve the service proposal by Temecula Copiers. Authorize the City Manager to execute the Service Agreementwith Temecula Copiers. 8. Resolution.bythe City Council of the City of Lake Elsinore adopting a fine for violation of Lake Elsino~ Municipal Code Section 10.12.130 - Oversized Vehicle Parking. . RECOMMENDATION: Determine the appropriate fine for violation. Adopt Resolution No. 2006-1 S4 adopting a fine for. violation of the L.B.M.C. Section 10.12.130 - Oversized Parking, as.rnay.be modified to reflect the <proposed fine. ~ Page 4 ....; CityCOUftCil Agenda;... September 26~ 1006 ll!I~IC HEARING 21. MitigatedN~$~veDeclaration~o.. 2006-Q4fGeneral~lan Amendment~0.2006-0S, Pre-Annexation Zone Change No. 2006-05, Zone Change No. 2006..07, Ramsgate Specific Plan No. 89-1 Fifth Revision, Annexation No. 76, Tentative Tractl\.1ap No. 33725. RECOMMENDATlON: Adopt Resolution No. 2006-155 adopting Mitigated Negative Declaration No. 2006-04. Ad8pt R~solution No. 2006-156 adopting Findings of Consistency with the MSHCP. Adopt Resolution No. 2006-157 approving General Plan Amendment No. 2006-05. C(>hduct the first reading of Ordinance No. 1195,bytitle only, approving ,Pre-Annexation Zone Change No. 2006-05. Conduct first reading of Ordinance No. 1196, by title only, approving Zone Change No. 2006-07. . Conduct first readjngof Ordinance No. 1197~ by title only, approving the Ramsgate Specific Plan No.. 89-1 Fifth Revision with seven (7) Conditions of Approval. Adopt Resolution No. 2006..1 58 to commence proceedings to annex the territory ~esignatedas Antlexation No. 76 subject to seven(7) Conditions of Approval. Adopt Resolution No. 2006-159 approving Tentative Tl'aCtMap No. 33725 subJectto 117Conditionsof Approval. 'j Page 5- City CoRtil. Agenda September 26, 2006 .. 22. Mitigated Negative Declaration No. 2005-12, General Plan Amendment No. 2006-03,Pre':'ZoningNo. 2006-04, Annexation No. 77. RECOMMENDATION: Adopt Resolutioh No. 2006-J60 adopting Mitigation Negative Declaraticm.No.2005-12and Mitigation Monitotingaud Reporting Program. Adopt Resolution No.2006-161 approving Genel'8.l Plan Amendtnent No. 2006:-03. Conduct tirst.readingQfOrdillance No. 1198, by title only, approving Pre-Zoning No. 2006-04. Adopt Resolution No. 2006-162 approval to commencevvith proceedings for the properties .. described in AnnexatloIINo. 71. 23. Mitigated NegatiVe Declaration No. 2006-03, GeneraL.Plan . Amendment No;.. 2006-0 1, Pre-AltnexatioIl Zone Change No. 2006-03, Annexation No. 78. RECOMMENDATION: Adopt Resolution No. 2006..163 adopting Mitigated~egative Declaration No. 2006-03. AdoptResolution No. 2006-164 adopting Findings ofCorisistency with the MSHCP. Adopt Resolution No. 2006-165 General ~lan AmendmentNo. 2006- 01. . Conduct the tirst reading of Ordinance No. 1199, by title only, approving Pre-Annexation Zone Change No. 2006-03. Adopt Resolution No. 2006-166 approving Annexation No. 78. subject to seven (7) Conditions of Approval. .... ~ Page 6 -CityCo....eil Agenda - Septetfiber26, Z006. BUSINESS. ITEMS 31. Second Readi~g- Ordinance No~1193. - Adopting SpeoificPlan No. 2005-0 1 and Zone Change No. 2005-01 (The Village at Lakeshore Specific Plan). RECOMMENDATION: Adopt Ordinance No. 1193, upon second reading, by title only. 32. SecondReading-Ol'dinance No. 1194 -Amending and restating. the Sections in the L.E,M.C. regarding appeal of Nuisance Abatement and Planning Commission decisions; RECOMMENDATION: 33. Cruise NightReconsideration. RECOMMENDATION: Adopt Ordinance No. 1194, upon second reading, by title only. Deny the, request for reconsideration. 34. Ordinance regarding City Council Member Compensation. RECOMMENDATION: Conduct the first reading of Ordinance' No. 1201, by title only amending and restating Section 2.08.020 of the L.E.l\lI.C. and waive further reading. 35. Ordinance repealing Chapter 2.09 of the Lake Elsinore Municipal COde. RECOMMENDATION: Conduct the first reading.of Ordinance No. 1202, by title. only repealing Chapter 2.09 of the Lake Elsinore Municipal Code and waive further reading. ~ ~ !. Page 1-CityCour..ciJ.Agenda - Sept~ntber 26, 2066 36. Washington, D.C. Lobbying Services contract renewal. RECOMMENDATION: Approve renewal ()fthe lobbying services agreement \\,itlr The Ferguson Group for 2006-2007. Authorize the City Manager to execute the agreement. 37. Investigation OrCAL TRANS' relinquishment of State Route 74 to the City of Lake Elsinore. RECOMMENDATION: City Cou~cil considers the positive and n~gative aspects ofacquiring State Route 74.from Caltrans and direct Staff accordingly. PUBLICCOMMENTS-N~N-AGENDIZED ITEMS --3~ES (please read & complete a Speaker's Form at the Podium, prior to the. Start of tbeCity Council Meeting) CITYMANA~ERCQMME~TS CITY AttoRNEY COMMENTS COMMITJEEREPORTS CITY TREASURER .COMMENTS .CITYCOUNCIL.COMMENTS ADJOURNMENT ",....... MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSI~ORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 8, 2006 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, 'KELLEY, SCHIFFNER, MAGEE /""'" ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Community Services Director Sapp, Community Developme~t Director Preisendanz, Lake & Aquatic Resource Director Kilroy, Building & Safety Manager Chipman, City Engineer Seumalo, Information/Communications Manager Dennis, RecreationlTourism Manager Fazzio, Assistant Planner Resendiz and City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:00 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE ,..... The Pledge of Allegiance was led by Donna Franson. Agenda Item No.JQ Page I of29 Page 2 - City Council Meeting Minutes - August 8, 2006 INVOCATION - MOMENT OF SILENT PRAYER '-' Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Information/Communications Manager Dennis, Public Works Manager Payne, Chief of Police Fetherolf, Fire Chief Gallegos and City Clerk Ray. CLOSED SESSION ....." A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation pursuant to subdivision (c) of Section 54956.9. (1 potential case) B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code S 54956.8) , Property: A.P.N.s 389-100-015,389-100-016,389-100-019,389-100-024 and 389-100-025 comprising five vacant parcels located Northwest of Coal Avenue and Meridian Street Negotiating Parties: City of Lake Elsinore and property owners Wanda Myers & Tyra L. Elliotte, Connie B. Nelson, Karren L. Crocker, and Michael P. & Elene F. Mackey Trust Under negotiation: price and terms of payment '-" Agenda Item NO.n Page 2 of 29 Page 3 - City Council Meeting Minutes - August 8, 2006 ;"""--. C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code S 54956.8) Property: A.P.N.s 371-050-001, 371-050-002, 371-050-006, 371-050-007, 371-060-006,371-060-007 and 371-060-008 comprising seven vacant parcels in the Back Basin area of the East Lake Specific Plan. Negotiating Parties: City of Lake Elsinore as property owner and Wildlands, Inc. Under negotiation: price and terms of payment CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items "A", "B" and "C" were discussed and there was no reportable action. PRESENTATION/CEREMONIALS A. Presentation - Elsinore Valley Arts Network.. ,,-.. Mayor Magee called Barbara Cady forward to join him and Councilmember Kelley at the podium. Councilmember Kelley gave some background on the Elsinore Valley Arts Network. Councilmember Kelley read and presented the Proclamation to Ms. Cady. Ms. Cady introduced the members of the Elsinore Valley Arts Network. She noted upcoming events that they would be hosting. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Kim Cousins, Chamber of Commerce, commented on an upcoming blood drive sponsored by the Chamber. ~ Donna Franson, Lake Elsinore Citizen's Committee, thanked Mayor Magee and Councilmember Kelley for their assistance with clean up efforts in the inlet channel. She commented on an upcoming RTA meeting to get a commuter bus that would hold more people. , Agenda Item NO.\a Page 3 of 29 Page 4 - City Council Meeting Minutes - August 8, 2006 CONSENT CALENDAR ITEMS ......, MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO PULL ITEM NO.5 AND APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following minutes were approved: a. City Council Meeting - June 13,2006. 2. Ratified Warrant List for July 17,2006. 3. Rejected claim against the City. 4. Approved Task Order No.2 and authorized the City Manager to execute the document. 6. Adopted Resolution No. 2006-137 for Weed Abatement Cost Recovery and directed staff to cause the assessments against the properties listed in the itemized reports, in custody of the City Cler~' s Office, to be placed on the property tax rolls. ....., ITEMS PULLED FROM THE CONSENT CALENDAR 5. Monthly Car Cruises - Request for street closure and City assistance. City Manager Brady commented on the item.. He noted that there was a request for funding to help assist with the event and to have a road closure at Main Street. Recreation/Tourism Manager Fazzio noted that the Chamber of Commerce and the Downtown Merchants submitted a Special Events Application. She noted that they were asking to reinstate the monthly car cruises on Main Street. She noted that previous monthly car cruises were very successful. She commented on the date and time of the event. She further commented on where the road closure would take place. She noted the assistance that was needed from the City. Mayor Magee noted that Elsinore Barber & Beauty, La Unica and ....., Guadalajara were not in support of the event: He suggested that the event be Agenda Item NO.P Page 4 of 29 Page 5 - City Council Meeting Minutes - August 8, 2006 ",...... moved toward the City Park. He commented on patrons using the restrooms of local businesses. He noted that he could not support the item. MOVED BY SCHIFFNER TO APPROVE THE ITEM WITH AN ADDED CONDITION THAT THE EVENT BE DISCONTINUED IF IT PROVED TO BE A DISADVANTAGE TO DOWNTOWN MERCHANTS. Councilmember Hickman suggested running the event for 3 months instead of 10 months. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO AMEND THE MOTION TO INCLUDE A CONDITION THAT THE EVENT BE DISCONTINUED IF PROVED TO BE A DISADVANTAGE TO DOWNTOWN MERCHANTS OVER THE NEXT 3 MONTHS. COUNCILMEMBER BUCKLEY MADE THE FOLLOWING SUBSTITUTE MOTION: ,,-., MOVED BY BUCKLEY, SECONDED BY MAGEE TO CONTINUE THE ITEM UNTIL AUGUST 22ND AND NOTIFY DOWNTOWN BUSINESSES, IN WRITING, THAT THE ITEM WILL BE GOING BEFORE COUNCIL AND THE EVENT WILL MOVE FROM MAIN STREET, FROM GRAHAM AVENUE TO LIBRARY STREET. Councilmember Kelley requested to hear from the Chamber of Commerce President and the Downtown Business Merchants President. Kim Cousins, Chamber of Commerce President, commented on a discussion he had with Mr. Fred Dominguez. Mr. Cousins stressed his concern that there was not an attraction to the alternate location. Councilmember Kelley inquired if there was' any evidence that the event had been lucrative to the downtown merchants. Mr. Cousins commented that a few of the local businesses were able to receive new business from patrons. "...., Councilmember Kelley noted that closing Main Street had always been a concern of Council. Agenda Item No. \ Q Page 5 of29 Page 6 - City Council Meeting Minutes - August 8, 2006 Councilmember Kelley noted that she would support continuing the item in "'" order to allow Mr. Cousins to show the support level of the event among downtown merchants. Ruth Atkins, Downtown Merchants Association, commented that she had spoken to a few of the merchants on Main Street. She noted that the merchants see a great increase in the amount of business that they received when a car show is going on. . THE FOREGOING SUBSTITUTE MOTION FAILED WITH BUCKLEY, SCHIFFNER AND KELLEY CASTING THE DISSENTING VOTES. THE FOREGOING AMENDED MOTION CARRIED BY A VOTE OF 3-1-1 WITH MAGEE CASTING THE DISSENTING, VOTE AND BUCKLEY ABSTAINING. PUBLIC HEARINGS 21. Resolution approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No. 1 as ....,. Annexation Area No. 11 (Tract 31957). Mayor Magee opened the public hearing at 7:35 p.m. City Manager Brady commented on the item. He requested that the City Attorney announce the notice of the item. City Attorney Leibold announced that the notice had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey commented on the item. He noted that the item was the 11 th annexation into the City's LLMD District No.1. He noted the total yearly cost of the landscape and the lighting. He noted that Dennis Anderson from Harris & Associates was present and available for questions. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the annexation. He also '-' inquired if there was anyone that wished to speak at all. Agenda Item NO.}a Page 6 of29 Page 7 - City Council Meeting Minutes - August 8, 2006 .~ Councilmember Hickman inquired about the' dollar amount that each dwelling unit was to pay. Administrative Services Director Pressey noted that in the first year it would be $78 for the lighting. He noted that for each year thereafter it would be $330 per dwelling unit. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4-1, WITH BUCKLEY ABSENT, TO ADOPT RESOLUTION NO. 2006-128 APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1. Mayor Magee inquired if there were any property owners subject to the proposed assessments who wished to file a written protest. He noted that if there were any property owners who wished to file a written protest, they must file it with the City Clerk at that time. He noted that for purpose of a majority protest, only written protests were to be considered. /""'. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if a majority protest had been made. City Clerk Ray tabulated the ballots and announced that a majority protest did not exist. Mayor Magee closed the public hearing at 7 :42 p.m. 22. Resolution approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No.1 as Annexation Area No. 12 (Tessera). Mayor Magee opened the public hearing at 7 :44 p.m. City Manager Brady commented on the item. He requested that the City Attorney announce the notice of the item. ~ City Attorney Leibold announced that the notice had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's office. Agenda Item No. \ 0. Page 7 of29 Page 8 - City Council Meeting Minutes - August 8, 2006 Administrative Services Director Pressey commented on the item. He noted ......, that the item was the 12th annexation into the LLMD No.1. He noted that the development included 90 homes. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the annexation. He also inquired if there was anyone that wished to speak at all. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4-1, WITH BUCKLEY ABSENT, TO ADOPT RESOLUTION NO. 2006-129 APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1. Mayor Magee inquired if there were any property owners subject to the proposed assessments who wished to file a written protest. He noted that if there were any property owners who wished to file a written protest, they must file it with the City Clerk at that time. He noted that for the purpose of a majority protest, only written protests were to be considered. ......" Mayor Magee closed the public hearing at 7 :46 p.m. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if a majority protest had been made. City Clerk Ray tabulated the ballots and announced that a majority protest did not exist. 23. Resolution determining the validity of prior proceedings relating to annexation of property into City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services); Authorizing the levy of special taxes for CFD 2003-1, Annexation Area No. 20 (Tessera). Mayor Magee opened the public hearing at 7 :44 p.m. City Manager Brady commented on the item. He requested that the City Attorney announce the notice of the item. ""'" Agenda Item NO.~ Page 8 of29 Page 9 - City Council Meeting Minutes - August 8, 2006 "........ City Attorney Leibold announced that the notice had been published in accordance with the Mello-Roos Community Facilities Act of 1982 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey commented on the item. He noted that the item was the City's 20th annexation into the Police, Fire and Paramedic CFD. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the district formation. He also inquired if there was anyone that wished to speak at all. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-130 DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS. Mayor Magee inquired if there were any property owners subject to the proposed special taxes who wished to file a written protest. He noted that if ~ there were any property owners who wished to file a written protest, they must file it with the City Clerk at that time. fIe noted that for the purpose of a majority protest, only written protests were to be considered. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-131 CALLING A SPECIAL ELECTION. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if two-thirds of the votes cast were in favor of the propositions. City Clerk Ray tabulated the ballots and announced that two-thirds of the votes cast were in favor. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-132 ORDERING CANVASSING OF THE ELECTION RESULTS. ~ MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1188. Agenda Item NO.n Page 9 of29 Page 10 - City Council Meeting Minutes - August 8,2006 ORDINANCE NO. 1188 .....", AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENl'ORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 20 (TESSERA) ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ,BUCKLEY, HICKMAN, K;ELLEY, SCIDFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE .....", ABSTAIN: COUNCILMEMBERS: NONE 24. Approving the formation ofCFD 2006-6 (Tessera); authorizing levy of special taxes. Mayor Magee opened the public hearing at 7,:51 p.m. City Manager Brady commented on the item. He requested that the City Clerk announce the notice of the item. City Clerk Ray announced that the notice had been published in accordance with the Mello-Roos Community Facilities Act of 1982 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey commented on the item. He noted that the item before Council was a Facilities CFD which was not to exceed $5 million. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the district formation. He also Agenda Item No.b .....", Page 10 of29 Page 11- City Council Meeting Minutes - August 8, 2006 "....... inquired if there was anyone that wished to speak at all. Councilmember Hickman inquired why the bond indebtedness was not to exceed $5 million, but the cost estimates were $6.5 million. Administrative Services Director Pressey noted that anything short of the bond issue would be the developer's respons'ibility. Mayor Magee inquired if there were any property owners subject to the proposed special taxes who wished to file a written protest. He noted that if there were any property owners who wished to file a written protest, they must file it with the City Clerk at that time. He noted that for the purpose of a majority protest, only written protests were. to be considered. Mayor Magee opened the public.hearing at 7:56 p.m. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-133 APPROVING THE FORMATION OF THE DISTRICT. "....... MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-134 TO INCUR BONDED INDEBTEDNESS AND CALLING A SPECIAL ELECTION. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if two-thirds of the votes cast were in favor of the propositions. City Clerk Ray tabulated the ballots and announced that two-thirds of the votes cast were in favor. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-135 ORDERING CANVASSING OF THE ELECTION RESULTS. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1189. "....... Agenda Item NO.n Page 1I of 29 Page 12 - City Council Meeting Minutes - August 8, 2006 ORDINANCE NO. 1189 ..." AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX. UPON THE FOLLOWING ROLL CALL VOTE: A YES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Second Reading - Ordinance No. 1185 - Authorizing the levy of a services special tax and a special tax. ..." MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1185. ORDINANCE NO. 1185 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX. ........" Agenda Item NO.n Page 12 of29 Page 13 - City Council Meeting Minutes - August 8, 2006 "...... UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading - Ordinance No. 1186 - acting as the legislative body of City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) authorizing the levy of a special tax within Annexation Area No. 19 (Tract 31957) annexed to said district. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1186. .~ ORDINANCE NO. 1186 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 19 (TRACT 31957) ANNEXED TO SAID DISTRICT. ,.... Agenda Item NO.U Page 13 of 29 Page 14 - City Council Meeting Minutes - August 8, 2006 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: "-" BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE NONE NONE 33. Second Reading - Ordinance No. 1187 - repealing Chapter 10040 of the Lake Elsinore Municipal Code and amending and restating Chapter 10.12 of the Lake Elsinore Municipal Code regarding' parking. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1187. ORDINANCE NO. 1187 "-" AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING CHAPTER 10.40 OF THE LAKE ELSINORE MUNICIPAL CODE AND AMENDING AND RESTATING CHAPTER 10.12 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING PARKING. UPON THE FOLLOWING ROLL CALL VOTE: A YES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE NONE NONE ~ Agenda Item NO..ia Page 14 of29 Page 15 - City Council Meeting Minutes - August 8, 2006 ,-... 34. Cooperative Agreement with Riverside County Flood Control and Water Conservation District and KB Home Coastal, Inc. City Engineer Seumalo commented on the item. He noted that the agenda item was a 4-party Cooperative Agreement between Riverside County Flood Control and Water Conservation District, Riverside County, KB Homes and the City of Lake Elsinore. He noted that the agreement was for the design, construction and maintenance of the flood control facility. Mayor Pro Tern Schiffner noted that he was in favor of the item. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO AUTHORIZE THE MAYOR TO EXECUTE THE COOPERATIVE AGREEMENT FOR THE DESIGN, CONSTRUCTION AND MAINTENANCE OF THE PALOMAR AND CORYDON CHANNELS WITH RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND KB HOME COASTAL, INC. ,-... Councilmember Buckley inquired if the item before Council was a standard agreement. City Attorney Leibold confirmed that it was a standard agreement. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE. 35. Consideration of Residential Design Review No. 2004-24; for four (4) tri- level duplexes. Community Development Director Preisendanz commented on the item. He noted that the item was a reconsideration of Residential Design Review No. 2004-24. Michael O'Neal, Planning Commission, noted that the Planning Commission concurred with staff's recommendation to approve the Residential Design Review. ,-... Kim Quon, Architect for the project, noted that he was representing the applicant. He commented that he would like Council to approve the project. Agenda Item NO.la Page 15 of29 Page 16 - City Council Meeting Minutes - August 8, 2006 MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT RESOLUTION NO. 2006-136 APPROVING RESIDENTIAL DESIGN REVIEW NO. 2004-04. ""'-' Councilmember Buckley commented that since no changes were made to the project since the last time it came before Council, he would not be voting in favor of the item. Councilmember Hickman inquired if street improvements were a part of the Conditions of Approval for the project. City Engineer Seumalo indicated that the Conditions of Approval gave the property owner the alternative of doing construction. THE FOREGOING MOTION CARRIED BY A VOTE OF 4-1 WITH BUCKLEY CASTING THE DISSENTING VOTE. GENERAL CONDITIONS 1. The applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto, which action is brought forward within the time period provided for in California Government Code Section 65009 and Public Resources Code Section 21167. "-'" 2. The decision of the Planning Commission shall be final ten (10) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. PUBLIC WORKS DIVISION 3. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. CITY OF LAKE ELSINORE COMMUNITY SERVICES DEPARTMENT 4. The Developer to pay park fees of $1 ,600 per unit. "-'" Agenda Item NO.~ Page 16 of29 Page 17 - City Council Meeting Minutes - August 8, 2006 ,... 5. The Developer will be required to participate in the "Public Facility" fee program. 6. The Developer is to participate in the City-wide LLMD. 7. The Developer is to comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. LAKE ELSINORE UNIFIED SCHOOL DISTRICT 8. Under the provisions of SB 50, the owner or developer will be required to pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the district. LAKE ELSINORE POLICE DEPARTMENT ~ 9. The Applicant shall provide assurances, prior to building permit, that all requirements of the Lake Elsinore Police Department have been met. RIVERSIDE COUNTY FIRE DEPARTMENT. 10. The applicant shall provide assurances to the City that all requirements of the Riverside County Fire Department have been met. PLANNING DIVISION II.Minor Design Review approval of a residential duplex located at APN 373-040- 006 thru 373-040-009; will lapse and be void unless a building permit is issued within one (1) year of the approval date. I2.Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. All Conditions of Approval shall be met prior to the issuance or' a Certificate of Occupancy and release of utilities. ,-.... 13.Prior to issuance of any grading or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed Agenda Item NoJ Q Page]70f29 Page 18 - City Council Meeting Minutes - August 8, 2006 original to the Community Development Department for inclusion in the case records. "...", 14.Prior to the issuance of a building permit the applicant shall obtained and submit a "will serve" letter from Elsinore Valley Municipal Water District to the satisfaction of the Director of Community Development. The "will serve" letter shall specifically indicate the specific water flow volumes for both domestic and fire protection water supply. 15.All site improvements shall be constructed as indicated on the approved site plan and elevations, with revisions as noted herein. The applicant shall meet all required setbacks pursuant to the Historic Elsinore Architectural Design Guidelines and the Lake Elsinore Municipal Code (LEMC). Any other revisions to the approved site plan or building elevations shall be subject to the review of the Community Development Director or his designee. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval. 16.Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved by the Community Development Director or designee. ,...., 17.All windows shall use foam surrounds and/or other architectural-type features approved by the Community Development Director or designee. 18.Roofing materials shall have a minimum Class "A" Fire rating, and so noted on the construction plans. 19.Applicant is to meet all applicable City Codes and Ordinances. 20.A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. 21.The applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. "-tIll Agenda Item NO.ja Page 18 of29 Page 19 - City Council Meeting Minutes - August 8, 2006 ~ 22.Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 23.Any exterior air conditioning or other mechanical equipment shall be ground mounted and screened so that they are not visible from neighboring property or public streets. Air conditioning units and related equipment may not encroach more than two-feet (2') into the required minimum side yard setback. 24.Garages shall be constructed to provide a minimum interior clear space of twenty feet (20') x twenty feet (20') for two cars. 25. The Applicant shall plant street trees, selected from the City Street Tree List, a maximum of thirty feet (30') apart and twenty-four inch (24") box along all street frontages. Planting is subject to the approval of the Community Development Director or designee prior. to issuance of a Certificate of /""" Occupancy. 26. The Applicant shall provide shrubs and plant materials as shown on the landscape plan. Any changes to this plan shall be subject to the approval of the Community Development Director or designee. The landscape plan improvements and plantings shall be fully installed prior to issuance of a Certificate of Occupancy. 27.Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36 inches. 28. The Applicant shall provide an irrigation system for landscaped areas onsite as shown on the landscape plans. The irrigation system shall be fully installed and operational prior to the issuance of a Certificate of Occupancy. 29. The Applicant shall provide a rain sensor as shown on the landscape plan. The rain censor shall be installed prior to the issuance of a Certificate of Occupancy. .,-.. Agenda Item NO.\ Q.. Page 19 of29 Page 20 - City Council Meeting Minutes - August 8, 2006 30.All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and erosion control vegetation installed, as approved by the City's Landscape Architect. A Planting and Irrigation Plan shall be submitted, approved and planted prior to the issuance of a Certificate of Occupancy. Fees are required for review of plans and inspections. 31.Driveways shall be constructed of concrete per Building and Safety Division standards. 32.Walls or fences located in any front yard shall not exceed thirty-six inches (36") in height with the exception that wrought-iron fences may be five feet (5') in height. Chain link fences shall be prohibited. 33.All walls and/or fencing need to be located off the property line. If the Applicant proposes to place any walls and/o,r fencing on the property line he/she must submit a notarized agreement between the subject property owner and the adjacent property owner to the Planning Department prior to installation. 34.The applicant shall construct a six foot (6') split face "CMU" block wall along the sides and rear property line, as indicated on the site plan. Where views exist, the applicant shall have the option of constructing a tubular steel fence. The applicant shall be required to remove and replace any existing chain link fencing and any fencing that is in poor condition. It will be the responsibility of the applicant to contact the effected neighboring property owners. If the existing fencing is in good condition, this requirement may be waived per the approval of the Community Development Director or Designee. 35. The building address shall be a minimum of four inches (4 ") high and shall be easily visible from the public right-of-way. Care shall be taken to select colors and materials that contrast with building walls or trim. 36.The applicant shall provide a trash area minimum of 3'- Oil by 7'- 0" for the storage of the trash barrels for each unit within the limits of the garage, without interfering with the 20'x20' interior dimensions~ 37. The applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid prior to issuance of building permits. 38.The applicant shall pay park-in-lieu fees in effect at the time prior to issuance of Agenda Item No.ID Page 20 of29 ....., ....., ..." Page 21 - City Council Meeting Minutes - August 8, 2006 ,-... building permits. 39.The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 40.The applicant shall pay the Multi Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee of $1,651.00 (fee for density less than 8 du/ac) prior to obtaining building permits. 41. The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. 42. The applicant shall pay all applicable Library Capital Improvement Fund fee. 43.CC & R's for the project shall be submitted and indicate provisions for maintaining common area amenities, site maintenance and parking access to the satisfaction of the City Attorney. -- 44.A lot line adjustment reflecting an appropriate layout of property lines for the duplex project shall be approved and finalized prior to building permit issuance. 45.Decorative stamped concrete shall be provided in all driveway areas. The final design/color shall be approved by the Director of Community Development or his/her designee. ~ 46.Prior to the issuance of any building permit for the Project, Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 334l3(b)(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee at the rate of $2.00 per square foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square footage within the perimeter of a residential structure shall be calculated by the building Agenda Item NO.~ 0- Page 21 of29 Page 22 - City Council Meeting Minutes - August 8, 2006 department of the City in accordance with the standard practice of the City in calculating structural perimeters. ....., ENGINEERING DIVISION General 47.A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yar~s 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. 48.An Encroachment Permit shall be obtaIned prior to any work on City right-of- way. 49. The zero setback portion of this project shall be approved by Planning Department. 50.Applicant shall record CC & R's for maintenance of shared landscape areas and structures and drainage facilities, within the project. The CC & R's shall be approved by the Planning Director. '--' 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 fire protection facilities as required in writing by Riverside County Fire. ' 53.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, Agenda Item NO.J.Q "'-'" Page22of29 Page 23 - City Council Meeting Minutes - August 8, 2006 ",,-.. including verification of tonnage by certified weigh master tickets. 54.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. 55.Protect palm trees in place, or contact the Community Services of City of Lake Elsinore for Palm Tree Preservation Program, LEMC 5.78 Ordinance 1044. 56.0n-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 57.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. ~ 58.Applicant shall protect all downstream properties from damages caused by alteration of the drainage patterns, Le., concentrations or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. A maintenance mechanism shall be in place f~r any private drainage facilities constructed on-site or off-site. Any grading or drainage onto private off site or adjacent property shall require a written permission to grade and/or a permission to drain letter from the affected landowner. 59.Roof drains shall not be allowed to outlet directly through coring in the street curb. 60.Roofs should drain to a landscaped area. Street Improvements 61.If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. ",,-.. 62. Work done under an encroachment permit for off-site improvements shall be Agenda Item NO.l.a. Page23 of29 Page 24 - City Council Meeting Minutes - August 8, 2006 delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. ....., 63.Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMCI2.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 64.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall pe submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. Prior to Issuance of a Grading Permit 65.If the grading is less than 50 cubic yards and a grading plan is not required, a site plan that shows proposed project improvements and drainage patterns shall be submitted so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 66.Submit grading plans, Soils Report, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. . ....., 67. The grading plan shall show natural drainage conveyed through the site, or collected and conveyed by a method approved by the City Engineer. 68.The applicant shall obtain all necessary off-site easements for off-site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. 69.A Water Quality Management Plan (WQMP) shall be submitted for review and approval. 70.Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. ....., Agenda Item No. ., 0.. Page 24 of29 Page 25 - City Council Meeting Minutes - August 8, 2006 ,..... 71.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) progr~ with a storm water pollution prevention plan prior to issuance of grading permits. 72.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. (Required for lot of one acre or more) Prior to Occupancy 73.Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. ----- 74.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. 75.All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 76.Water and sewer improvements shall be completed in accordance with Water District requirements. 77.Applicant shall provide a homeowner's association with a recorded CC & R's for maintenance of shared landscape areas, structures, and drainage facilities. Prior to Issuance of Building Permit 78.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. "....... 79.Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been Agenda Item NO.la Page 25 of 29 Page 26 - City Council Meeting Minutes - August 8, 2006 made for this project and specify the technical data for the water service at the location. such as water pressure and volume etc. Submit this letter prior to applying for a building permit. """" 80.Dedicate additional right-of-way on Graham A venue such that the centerline to property line is 30 feet. 81.Dedicate additional right-of-way on Maroni Avenue such that the centerline to property line is 30 feet. Provide in-lieu payment for future half-width street improvements (includes street lighting and signing and striping) prior to building permit (Res. 86-35). 82.Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 83.Construct half-width street improvements, and pavement transitions on Graham Street per approved street plans (LEMC Title 12). The street improvements shall include street lighting and traffic signing and striping. Plans must be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). """" 84.A Calif. Registered Civil Engineer shall prepare street improvement plans and specifications. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Street improvement plans shall show existing and future profiles at centerline of street, at top of curb and at centerline of the alley. The profiles and contours will extend to 50' beyond the property limits. 85.If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 86. Work done under an encroachment permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. . 87.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as Agenda Item No.J0 "'" Page 26 of29 Page 27 - City Council Meeting Minutes - August 8, 2006 ",,-.. well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 88.Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) FEES 89.Pay all Capital Improvement and Plan Check fees (LEMC 16.34). The traffic mitigation fee of$1,369.00 and the TUMF amount of $7,248.00. STORMA TER/CLEANW A TER PROTECTION PROGRAM ,......... 90.City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state aIld federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:06 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:08 P.M. PUBLIC COMMENT Jeanie Corral, Lake Elsinore, commented on the Unity in the Community Parade. She noted that the theme for this year's parade was "Celebrating California History". She requested Council's consideration to continue the event. She thanked Council for their consideration. ",,-.. Machiko Hinata, Lake Elsinore, commented that h~r house had been raided. She noted that she felt that the raid was not needed since she did nothing wrong. She noted that she had been away in Japan. She commented about her concerns with law enforcement. Agenda Item NO.J.a Page 27 of29 Page 28 - City Council Meeting Minutes - August 8, 2006 Mayor Magee directed Ms. Hinata to speak with City Manager Brady so she could discuss exactly what happened. ....,. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming events: August 12th - Canyon Lake Wakeboard Club Competition August 12th - "Music with a View" concert, Porterhouse Bob & Down to the bone August 19th - "Music with a View" concert, Brian Jones and the Misfit Cowboys CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS '-" None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Hickman commented on the following: 1) Noted that the Property Tax Rebate and Rental Assistance Programs were still available for anyone over 62 years of age. 2) Thanked Supervisor Buster and his assistant, Dave Stahovich, for the money the City received for the swim program. '-" Agenda Item NO.n Page 28 of29 "....... ~, ~ Page 29 - City Council Meeting Minutes - August 8, 2006 Councilmember Buckley commented on the following: 1) Encouraged everyone to pick up a flier for the "Music with a View" concerts. The Regular City Council Meeting was adjourned at 8:16 p.m. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE RESPECTFULLY SUBMITTED: MICHELLE SOTO, DEPUTY CITY CLERK . ATTEST: FREDERICK RAY, CITY CLERK CITY OF LAKE ELSINORE Agenda Item No.h Page 29 of 29 """ MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 22, 2006 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ---- ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Community Services Director Sapp, Administrative Services Director Pressey, Community Development Director Preisendanz, Lake & Aquatic Resource Director Kilroy, Building & Safety Manager Chipman, City Engineer Seumalo, Information/Communications Manager Dennis, Planning Manager Weiner, City Treasurer Weber and City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:00 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE r" The Pledge of Allegiance was led by Micheal O'Neal. Agenda Item No.lb Page I of 15 Page 2 - City Council Meeting Minutes - August 22, 2006 INVOCATION - MOMENT OF SILENT PRAYER ...."" Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: 'NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Lake & Aquatic Resource Director Kilroy, City Engineer Seumalo, Information/Communications Manager Dennis, Public Works Manager Payne, Chief of Police Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. ' PRESENTATION/CEREMONIALS '-' A. Proclamation - Eagle Scout Lucas Smith. Mayor Magee called Lucas Smith and his family to join him at the podium. Mayor Magee read and presented the Proclamation to Mr. Smith. Mr. Smith noted that becoming an Eagle Scout was not an easy task. He noted that he was able to achieve the accomplishment with the guidance of his parents and the help of his troop. He thanked his parents and his troop for all of their help. B. New employee introduction. Administrative Services Director Pressey introduced Marlene Paltza. He noted that she was providing administrative support for the City Manager's office. He noted that Ms. Paltza had 13 years of executive-level administrative support experience. He noted that they had made a good choice in hiring Ms. Paltza and they were exCited about all of the things she would assist the City with as it moved forward. ......" Agenda Item No.lb Page 2 orI5 Page 3 - City Council Meeting Minutes - August 22, 2006 /""'" C. Chamber of Commerce Update. Mayor Magee called Second Vice Chairman of the Chamber of Commerce, Nancy Hunzeker, to the podium to give the Chamber of Commerce update. Ms. Hunzeker noted that the Chamber was headed for a record-breaking year. She noted that the number of visitors per month had increased by 300% since August of2005. Ms. Hunzeker noted upcoming events that the Chamber would be hosting. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Section ~ 54956.9. (2 potential cases) CLOSED SESSION REPORT ----- City Attorney Leibold announced the Closed Session discussion item as listed above. She noted that item "A" was discussed and there was no reportable action. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Donna Franson, Lake Elsinore Citizens Committee, noted that they would be holding a Special Meeting on September 11 th at 7 p.m. at Ortega High School. She noted that the RTA would be giving a presentation regarding the commuter bus route. She noted that they would like RTA to purchase a new bus for the commuter route. She noted that they needed community participation and encouraged everyone to come to the meeting. CONSENT CALENDAR ITEMS MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. .,-.. Agenda Item No.-\b Page 3 ofl5 Page 4 - City Council Meeting Minutes - August 22, 2006 1. The following minutes were approved: '--' a. Joint City Council/Redevelopment Agency Study Session - July 25, 2006. b. City Council Meeting - June 13,2006. 2. Ratified Warrant List for July 31, 2006. 3. Received and filed Investment Report for June 2006. 4. Adopted Resolution No. 2006-138 approving a Fee Deposit and Reimbursement Agreement. PUBLIC HEARINGS 21. Resolution approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No. 1 as Annexation Area No. 13 (Tract 31792). Mayor Magee opened the public hearing at 7:15 p.m. '--' City Manager Brady commented on the item. He requested that the City Clerk announce the notice of the item. City Clerk Ray announced that the notice had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey commented on the item. He noted that the item was the 13th annexation into the City's LLMD District No.1. He noted that the item pertained to the Wasson Canyon development which contained approximately 46 street lights. He noted that the annual cost was $51.10 which would go toward the maintenance and electricity. He noted that there was a 2% escalator built into the District. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the annexation. He also inquired if there was anyone that wished to speak at all. '--' Agenda Item No. \ b Page4orI5 Page 5 - City Council Meeting Minutes - August 22, 2006 "......., MOVED BY KELLEY, SECONDED BY HICKMAN TO ADOPT RESOLUTION NO. 2006-139 APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1. Mayor Magee inquired if there were any property owners subject to the proposed assessments who wished to file a written protest. He noted that if there were any property owners who wished to file a written protest, they must file it with the City Clerk at that time. He noted that for purpose of a majority protest, only written protests were t? be considered. Mayor Magee closed the public hearing at 7: 17 p.m. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if a majority protest had been made. City Clerk Ray tabulated the ballots and announced that a majority protest did not exist. /"'" THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE. 22. Ramsgate Specific Plan No. 89-1, Fourth Revision; Tentative Tract Map No. 25475, Revision No.1; Tentative Tract Map No. 34231, Addendum No.3 to Final Supplemental Environmental Impact Report (SCH No. 88090525). Community Development Director Preisendanz gave an overview of the item. He noted that the item encompassed a number of entitlement requests located within the Ramsgate Specific Plan. He noted that the fourth revision to the Ramsgate Specific Plan No. 89-1 added a medium-high density to a mix of housing types and re-designated commercial designation to residential designation. . Mr. Preisendanz commented on TIM No. 34231. He noted that it was a request for a I-lot subdivision to accommodate the previously mentioned amendment. ,-..., Agenda Item NO.~ Page 5 of15 Page 6 - City Council Meeting Minutes - August 22, 2006 Mr. Preisendanz commented on TTM No. 25475, Revision No.1. He noted that it was being revised to accommodate the requirements of the MSHCP. He noted that of the 150 acres that were originally approved, 37 acres were left. He noted that the applicant was requesting a revision to the Tract Map. He noted that the average lot size was 6,592 square feet. '--' Mr. Preisendanz noted that the Planning Commission recommended approval of staff s recommendations. Michael O'Neal, Planning Commission, noted that the Planning Commission unanimously concurred with stc;lff s recommendation regarding the project. Kristine Zortman, Shopoff Group, noted that they did. not realize they were moving forward behind what the County was looking to do as it related to MSHCP. She noted that they had dedicated over 680 acres to the County over the past 3 years. She noted that they lost 1,300 dwelling units. She noted after losing the lots to habitat, one of the things they realized was that they needed to provide housing that would appeal to a market niche that no longer was represented in the Ramsgate Specific Plan. She indicated that they then decided to bridge the gap between the Fairfield Apartments and the Centex Fox and Jacobs product type. '--' MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-140 ADOPTING FINDINGS OF CONSISTENCY WITH THE MSHCP. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-141 CERTIFYING ADDENDUM NO.3 TO THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SCH. NO. 88090525). MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-142 APPROVING TTM NO. 25475, REVISION NO.1, WITH 120 CONDITIONS OF APPROVAL AS REVISED BY THE PLANNING COMMISSION. '--' Agenda Item NO.W Page 6 ofl5 Page 7 - City Council Meeting Minutes - Augus~ 22, 2006 ~ MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO ADOPT RESOLUTION NO. 2006-143 APPROVING TTM NO. 34231 WITH 98 CONDITIONS OF APPROVAL AS REVISED BY THE PLANNING COMMISSION. Mayor Magee noted that he had difficulty supporting the item because he felt there was a need for neighborhood commercial in the area. He noted that he was sensitive to the growing influx of medium and high density residential projects without any reports for the City's General Plan Consultant as to what the proper mix would be. He noted that he would not be voting in favor of the item. THE FOREGOING MOTION CARRIED BY A VOTE OF 4-1, WITH MAGEE CASTING THE DISSENTING VOTE. MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1190. ".-- ORDINANCE NO. 1190 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RAMSGATE SPECIFIC PLAN NO. 89-1 FOURTH REVISION, LOCATED APPROXIMATELY ONE MILE EAST OF INTERSTATE 15, SOUTH OF STATE HIGHWAY 74 AND WEST OF GREENWALD A VENUE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER NOES: COUNCILMEMBERS: MAGEE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~ Agenda Item NO.th Page 7 oflS Page 8 - City Council Meeting Minutes - August 22, 2006 23. Zoning Ordinance Text Amendment No. 2006-01. A request to amend portions of the Lake Elsinore Municipal Code (LEMC) Chapter 17.66 related to elimination of compact parking within commercial and industrial zones, modifying the width of 90-degree par~ng drive aisles and establishing a minimum off-street parking requirement for medical uses. ,...." Community Development Director Preisendanz gave an overview of the item. He noted that staff was recommending to eliminate the allowance of compact parking within commercial and industrial zones. He noted that it was also staff s recommendation that the width of the 90 degree parking drive aisle be widened to 26 feet. He noted that medical uses generate a lot of need for parking. He noted that currently the City was at 1 per 250 square feet, and the amendment would drop it down to 1 per 175 square feet. He noted the handicap accessibility requirements would remain intact. Councilmember Buckley noted that the City would be increasing parking requirements by 20%. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1191. ,...." ORDINANCE NO. 1191 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 17.66 (PARKING REQUIREMENTS) OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING COMPACT PARKING, DRIVE AISLE WIDTH AND PARKING RATIO FOR MEDICAL USES. UPON THE FOLLOWING ROLL CALL VOTE: A YES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: 'NONE ABSTAIN: COUNCILMEMBERS: NONE ......" Agenda Item NO.tb Page 8 ofl5 Page 9 - City Council Meeting Minutes - August 22, 2006 """ BUSINESS ITEMS 31. Second Reading - Ordinance No. 1188 - City Council acting as the legislative body of City of Lake Elsinore CFD No. 2003-1 authorizing the levy of a special tax within Annexation Area, No. 20 (Tessera). MOVED BY BUCKLEY, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1188. ORDINANCE NO. 1188 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW 'ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 20 (TESSERA) ANNEXED TO SAID DISTRICT. """ UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading - Ordinance No. 1189 - authorizing the levy of a services special tax and a special tax. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1189. """. ORDINANCE NO. 1189 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Agenda Item No.ill Page 9 ofl5 Page 10 - City Council Meeting Minutes - August 22, 2006 LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX. '""" UPON THE FOLLOWING ROLL CALL VOTE: A YES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: 'NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Resolution authorizing the issuance of bonds and approving bond documents for CFD No. 2004-3 (Rosetta Canyon) Improvement Area No.2. Administrative Services Director Pressey noted that the item was the second series of bonds for the Rosetta Canyon development. He noted that there were 503 homes located in the Improvement Area. He noted that the bond had been sized not to exceed $33 million. He indicated that the facilities that would be funded through the bond issue totaled $46 million. He noted that the average special tax was $2,948. He noted that Don Hunt from Harris & Associates was present and available for questions. '""" Councilmember Hickman noted that Administrative Services Director Pressey and the Bond Counsel were looking at a $33 million bond, but the total estimated construction cost was $46 million. He noted that the builder would be picking up the difference. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-144 APPROVING THE ISSUANCE OF CFD 2004-3 SPECIAL TAX BONDS 2006 SERIES A, FISCAL AGENT AGREEMENT, CONTINUING DISCLOSURE AGREEMENT, PURCHASE CONTRACT AND PRELIMINARY OFFICIAL STATEMENT. 34. Amendment to Lake Elsinore Municipal Code (LEMC) Chapter 2.20 "Disaster Relief'. ......". Agenda Item No,lli Page to ofl5 Page 11 - City Council Meeting Minutes - August 22,2006 ,........ Public Works Manager Payne commented on the item. He noted that the proposed revisions were technical in nature and had been made to unify the City's Disaster Reliefs Ordinance to meet Federal and State guidelines. Mr. Payne noted that the PSAC reviewed an~ considered the revisions and voted to recommend consideration of the Ordinance to the Council. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1192. ORDINANCE NO. 1192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 2.20 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING DISASTER RELIEF. UPON THE FOLLOWING ROLL CALL VOTE: ~ A YES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 35. Revised Schedule and Budget for the Paving of gravel streets. City Engineer Seumalo commented on the item. He noted that staff met with Councilmember Buckley to reorganize the gravel street paving schedule. He noted that it was Councilmember Buckley's suggestion to use geography as a criteria instead of the criteria that was originally used. ,-- Mr. Seumalo noted that the outcome of the meeting was outlined on page 4 of the agenda staff report. He noted that schedule reorganized into 4 phases. He noted that Phase 1 would be in fiscal year 2006 and 2007 which did not require additional funds. He noted Phase 2 would occur in the year 2008 Agenda Item No.lb Page 11 oflS Page 12 - City Council Meeting Minutes - August 22, 2006 and 2009. He noted that $150 thousand would be required for Phase 2. He noted that Phase 3 would occur in the fiscal year 2009/2010 with no additional funds required. He noted that Phase 4 would occur in the fiscal years 2010/2011 and 2011/2012. He noted that additional funds in the amount of $50 thousand per year were required. He noted that staff was proposing the use of Measure A Funds diverted from the Pavement Management Program. He indicated that with the noted revisions, the schedule was reduced from 14 years to 6 years. Councilmember Buckley noted that when Council approved the budget, they approved a 14-year program to pave gravel streets in the City. He noted that the program was able to be modified geographically. He noted that Phase 4 was scheduled for south Country Club Heights. He noted that Phase 1 and 2 were scheduled for north Country Club Heights. He noted that Phase 3 were some avenues and small work downtown. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO APPROVE THE PROPOSED SCHEDULE AND TRANSFER OF FUNDS AS LISTED IN THE STAFF REPORT. Councilmember Hickman complimented Councilmember Buckley for his work. He commented on a rockslide on Railroad Canyon Road earlier in the evening. He noted he spoke to Mr. Seumalo about possibly making changes for that item, which may create additional monies. He noted that if there was additional money left he would like to try and accelerate some of the phases. He thanked Public Works Manager Payne for his contribution toward the Paving Schedule. Mayor Magee thanked Councilmember Buckley for his efforts on the paving schedule. He noted the complaints about the dirt roads in the area. He noted that Council had never had the ability to take the step that Council was currently taking. He noted that Council made a commitment at the beginning of the fiscal year to pave gravel streets. He noted that due to the efforts of Councilmember Buckley and staff, the City was able to expedite the paving program. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:43 P.M. Agenda Item NO.i.b Page 12 ofl5 .....", '-till' ""'" Page 13 - City Council Meeting Minutes - Aug~st 22, 2006 ~ THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 7:44 P.M. PUBLIC COMMENT No comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming events: ~ August 26th - "Music with a View" concert, Jimmy Legs Band August 26th - Monthly Car Cruise, Downtown Mainstreet August 27th - Open Air Farmer's Market August 31 st - Mayor's State of the City address September 2nd - "Music with a View" concert, Riverside Philharmonic September 2nd - Household Hazardous W ast~ Collection CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Encouraged everyone to attend the "Music with a View" concerts. ~ Agenda Item No.lb Page I3 ofl5 Page 14 - City Council Meeting Minutes - Aug~st 22, 2006 Councilmember Hickman commented on the following: ....." 1) Noted that the Property Tax Rebate and Rental Assistance Programs were still available for anyone over 62 years of age. 2) Gave his condolences to the family of Larry Cartier. He noted that he came to the City in 1955. He noted that he purchased Elsinore Ready Mix in 1956. He noted that he was a very hard worker and served as a member of City Council for 8 years. He noted that he was a representative of the City to the Supervisors to get Interstate 15. Councilmember Buckley commented on the following: 1) Gave his condolences to the family of Larry Cartier. He noted that he would be missed. He noted that Interstate 15 went through Lake Elsinore instead ofPerris due to Mr. Cartier. He noted that he built and donated the gazebo in City Park. He noted that Mr. Cartier was a long-time member of Rotary and was very closely involved in the State Park as well as getting water for the lake. He noted that Mr. Cartier was an a~l around good person and would be missed. ....." 2) Thanked Mayor Magee for his kind words in regard to the gravel paving program. He thanked staff for their help with the project. 3) Inquired when the Council Policy Manual would be discussed. City Attorney Leibold indicated that the Council Policy Manual would be discussed at the September 12,2006 City Council meeting. 4) Commented on the Animal Shelter. He noted that preliminary number was between $700 thousand to $750 thousand for everything; including services, operation and building. He noted that after the facility was constructed, that number would drop between 5-15%. He suggested placing the Animal Shelter on one of the Council's upcoming agendas. ~ Agenda Item No.lb Page 14 ofl5 Page 15 - City Council Meeting Minutes - August 22, 2006 r-,. Mayor Magee commented on the following: 1) Commented that 2 weeks ago the Valley had lost a leader; a leader in business, philanthropy and civic affairs. He noted that Larry Cartier was a former Police Officer, former member of the Lake Elsinore City Council and a long-time businessman in the Valley. He rioted that Mr. Cartier would be missed. He gave his condolences to Mr. Cartier's family. Mayor Magee closed the meeting in honor of Larry Cartier. The Regular City Council Meeting was adjourned at 7:51 p.m. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE /'"' RESPECTFULLY SUBMITTED: MICHELLE SOTO, DEPUTY CITY CLERK ATTEST: FREDERICK RAY, CITY CLERK CITY OF LAKE ELSINORE ,-. Agenda Item NO.fu Page 15 of 15 SEPTEMBER 14. 2006 CITY OF LAKE ELSINORE WARRANT SUMMAR Y ".... FUND# FUND DESCRIPTION TOTAL 100 GENERAL FUND $ 1,763,332.36 104 TRAFFIC OFFENDER FUND 2,004.11 105 MISCELLANEOUS GENERAL PROJECT FUND 28,050.06 110 STATE GAS TAX FUND 119.65 112 TRANSPORTATION/MEASURE A FUND 1,211.98 130 LIGHTING/LANDSCAPE MAINTENANCE FUND 43,964.18 135 L.L.M.D. NO.1 FUND 499.80 150 C.D.B.G. FUND 8,414.25 201 STREET C.I.P. FUND 356.25 204 SIGNAL C.I.P. FUND 119.65 205 TRAFFIC IMPACT FEE FUND 430,272.92 221 PARK C.I.P. FUND 1,211.25 254 89-1 RAILROAD CANYON IMPROVEMENT FUND 558.59 608 TRUST DEPOSIT AND PRE-PAID EXPENSE FUND 12,920.00 620 COST RECOVERY SYSTEM FUND 5,815.17 GRAND TOTAL $ 2,298,850.22 ~ ,-.. 9/21/2006 Warrant 091406 1 of 1 AGENDA ITEM NO. .2 PAGE / OF ~/ SEPTEMBER 14, 2006 CHECK# 87142 87143 87200 87345 87346 87347 87348 87349 87350 87351 87351 87352 87353 87354 87355 87356 87357 87358 87359 87360 87361 87362 87363 87364 87365 87366 87367 87368 87369 87370 87371 87372 87373 87374 87375 87376 87377 87378 87379 87380 87381 87382 87383 87384 87385 87386 87387 87388 87389 87390 87391 87392 87393 CITY OF LAKE ELSINORE VENDOR NAME VOID (UNION BANK OF CALIFORNIA) UNION BANK OF CALIFORNIA VOID (ELSINORE ELECTRICAL SUPPLY, INC.) VOID AL TURA CREDIT UNION VISION SERVICE PLAN ASSURANT EMPLOYEE BENEFITS STANDARD INSURANCE COMPANY STANDARD INSURANCE COMPANY CALIFORNIA P.E.RS. CALIFORNIA P.E.RS. CALIFORNIA P.E.RS. I.C.M.A. RETIREMENT TRUST RJ. NOBLE COMPANY, INC. VOID A A EQUIPMENT RENTAL CO., INC. ACCOUNTEMPS ACTIVE MOTORSPORTS AMERICAN FORENSIC NURSES ANIMAL FRIENDS OF THE VALLEY APPLE ONE EMPLOYMENT SERVICES ARTISAN GOLDSMITHS & AWARDS BANK OF AMERICA, CITY MANAGER'S OFFICE BANK OF AMERICA, FIRE STATION #85 BANK OF AMERICA, FIRE STATION #10 BANK OF AMERICA, LAKE & AQUATIC RESOURCES BANK OF AMERICA, COMMUNITY SERVICES DEPARTMENT BEN CLARK TRAINING CENTER BIO-TOX LABORATORIES CYNTHIA BLOOD-WILSON BRUNSWICK COMMERCIAL & GOVERNMENT PRODUCTS C.L. TRAVEL THE CABINET PLANT CANYON CREST TRAVEL CAREER TRACK CASCADE FIRE EQUIPMENT COMPANY CCPOA CCPOA COMTRONIX OF HEMET KIRT A. COURY CRISOFORO RAMALES CSO BETH DECOU D & SELECTRIC DEPT. OF HOUSING & COMMUNITY DEVELOPMENT DEPUTY VANESSA KEYNER DO IT CENTER CAROLE K. DONAHOE, A.I.C.P. DOWNS COMMERCIAL FUELING, INC. DOWNTOWN IDEA EXCHANGE EILEEN'S CLEANERS ELlE FARAH, INC. ELSINORE ELECTRICAL SUPPLY, INC. ELSINORE VALLEY RENTALS WARRANT LIST AMOUNT $ (160,611.72) ""-'" 43,804.04 (623.53) 0.00 1,075.00 1 ,577.04 10,979.70 1 ,936.09 361.05 61,895.03 17,964.85 3,556.77 4,380.50 426,852.92 0.00 1,449.83 882.00 2,242.90 302.50 7,500.00 549.12 12.55 408.27 799.61 577.53 1,174.20 777.56 ~ 312.00 444.00 192.50 65,046.00 304.18 5,662.50 154.09 99.00 86.47 195.00 195.00 2,675.95 6,085.53 500.00 218.00 240.00 114.00 120.00 3.86 5,775.00 6,294.49 176.50 403.50 890.00 2,560.28 581.93 ......, 9/21/2006 Warrant 091406 10F3 AGENDA ITEM NO. 2 PAGE eX OF 9 SEPTEMBER 14, 2006 CITY OF LAKE ELSINORE ~ CHECK# VENDOR NAME 87394 EXCEL LANDSCAPE, INC. 87395 FEDERAL EXPRESS CORPORATION 87396 FERGUSON GROUP, L.L.C. 87397 FILARSKY & WATT, L.L.P. 87398 FLO-SYSTEMS, INC. 87399 FRED PRYOR SEMINARS 87400 GEOCON CONSULTANTS, INC. 87401 THE GRAPHICS COMPANY 87402 ARLINE GULBRANSEN 87403 LORENA HANCOCK 87404 HARRIS & ASSOCIATES, INC. 87405 HDR ENGINEERING, INC. 87406 HI-WAY SAFETY, INC. 87407 IMPACT PROMOTIONAL PRODUCTS 87408 INLAND URGENT CARE 87409 JEFF HAUSER MOBILE WELDING 87410 L & M FERTILIZER, INC. 87411 LEMSAR 87412 LAKE AIR COMPANY 87413 LAKE CHEVROLET 87414 LAKE ELSINORE FLORIST & GIFTS 87415 LE&SJWA 87416 LEMON GROVE RV STORAGE 87417 LIBERTY VEGETABLE OIL COMPANY ~87418 L1NKLlNE COMMUNICATIONS, INC. 37419-87420 LOWE'S HOME CENTERS, INC. 87421 M & M COURT REPORTERS 87422 MARRIOTT SAN MATEO 87423 MARRIOTT SAN MATEO 87424 MARRIOTT SAN MATEO 87425 SANDRA MASSA-LA VITT 87426 MBIA 87427 SHAWN MCELVOGUE 87428 MCMASTER-CARR 87429 LINDA M. MILLER 87430 MOBILE SATELLITE VENTURES, L.P. 87431 MODERN ALLOYS,INC. 87432 MORROW PLUMBING, INC. 87433 NETCOMP TECHNOLOGIES, INC. 87434 NORTH COUNTY TIMES 87435 NORTON IRON 87436 O'REILLY PUBLIC RELATIONS 87437 PACIFIC COAST TOOL & SUPPLY 87438 MARLENE PALTZA 87439 OLIVIA PEREZ 87440 PREMIUM PALOMAR MT. SPRING WATER 87441 THE PRESS ENTERPRISE 87442 PRODUCTION VIDEO 87443 QUAID TEMECULA HARLEY DAVIDSON 87444 QUILL CORPORATION "",,87445 QWEST COMMUNICATIONS 17446 R. DENZIL LEE 87447 R. DENZIL LEE W ARRANT LIST AMOUNT 5,855.00 62.39 82.53 3,300.00 1,366.27 118.00 2,900.00 25.00 288.79 2,816.00 2,850.00 10,667.13 4,114.32 131.24 670.00 480.00 87.79 918.75 168.00 1,395.40 85.07 9,862.00 1,042.50 1,260.00 107.26 1,287.05 250.00 858.00 139.70 51.00 3,060.00 1,210.09 11,920.00 83.26 5,037.50 146.04 597.31 463.54 4,750.00 86.46 725.00 991.25 48.85 162.87 500.00 369.45 499.80 5,100.00 153.42 184.37 1,259.93 472.50 126.00 9/21/2006 Warrant 091406 20F3 AGENDA ITEM NO. 2. PAGE ,..? OF '-/ SEPTEMBER 14, 2006 CITY OF LAKE ELSINORE CHECK# VENDOR NAME 87448 VOID (R.J. NOBLE COMPANY, INC.) 87449 RIGHTWAY SITE SERVICES, INC. 87450 RIVERSIDE COUNTY FIRE DEPARTMENT 87451 COUNTY OF RIVERSIDE, OFFICE OF THE AUDITOR-CONTROLLER 87452 COUNTY OF RIVERSIDE, OFFICE OF ASSESSOR, GARY L. ORSO 87453 COUNTY OF RIVERSIDE, BOB DOYLE, SHERIFF 87454 ROADWAY ENGINEERING, INC. 87455 ROBBINS PEST MANAGEMENT, INC. 87456 ANTHONY ROMERO 87457 JESUS ROQUE 87458 RPM CYCLERY, INC. 87459 SERGEANT VINCENT SCARPINO 87 460 DAVID S. SOLOMON 87461 SOUTHEAST CONSTRUCTION PRODUCT 87462 SOUTHERN CALIFORNIA GAS CO. 87463 SPORTS PINS INTERNATIONAL, INC. 87464 SPRINT 87465 BOB STOVER, INC. 87466 TEAMAN, RAMIREZ & SMITH, INC. 87467 UNIFORM SPECIALIST 87468 UNION BANK OF CALIFORNIA 87469 UNITED PARCEL SERVICE 87470 . VALMONT INDUSTRIES, INC. 87471 VERIZON CALlFORNIA,INC. 87472 VERIZON EQUIPMENT SALES & SERVICE 87473 VERIZON ONLINE 87474 WAL-MART COMMUNITY 87475 WAXIE SANITARY SUPPLY 87476 WEST COAST WINDOW CLEANING 87477 WESTERN BANK OF CHINOOK 87478 WESTERN HIGHWAY PRODUCTS, INC. 87479 WENDY WORTHEY 87992 VOID 87993 CALIFORNIA P.E.R.S. 87994-87995 CUTTING EDGE STAFFING, INC. 87996-88000 E. V. M. W. D. 88001-88002 ELSINORE PIONEER LUMBER CO. 88003 HARRIS & ASSOCIATES, INC. 88004 THE L./.U. OF N.A. 88005 L1UNA LOCAL 777 88006 PRE-PAID LEGAL SERVICES, INC. 88007-88008 PRUDENTIAL OVERALL SUPPLY 88009 REGIONAL CONSERVATION AUTHORITY 88010-88011 SOUTHERN CALIFORNIA EDISON CO. 88012 STATE COMPENSATION INSURANCE FUND 88013 TEAM AUTOAID, INC. TOTAL PIE DATE: W ARRANT LIST AMOUNT 0.00 1,985.86 580,014.56 3,415.00 27.00 10,634.35 8,343.00 350.00 3,342.50 120.00 2,004.11 110.00 3,918.75 775.91 646.68 596.00 241.65 4,657.50 850.00 1,150.51 650,000.00 151.22 16,830.00 361.32 680.74 159.95 29.18 1,450.80 450.00 2,607.49 4,633.31 6,075.00 0.00 39,284.19 7,776.00 24,892.29 1,439.28 56,684.24 2,693.40 1,242.00 103.60 416.71 19,812.00 33,578.98 16,567.39 445.69 $ 2,131,888.58 '-"" ......., 09/01/06 09/01/06 PAYROLL TAXES PAYROLL CASH GRAND TOTAL 9/21/2006 Warrant 091406 30F3 48,878.92 118,082.72 $ 2,298,850.22 AGENDA ITEM NO. Q. PAGE Lj OF c/ ........, ~ CITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF JULY 31,2006 ACTIVE ACCOUNTS BANK DEPOSITS OUTSTANG. BOOK BALANCE IN TRANSIT CHECKS BALANCE $4,220,296.27 327,060.54 (4,065,729.44) 481,627.37 3,882.50 3,882.50 9,752.69 (4,727.57) 5,025.12 4,233,931.46 327,060.54 (4,070,457.01) 490,534.99 Bank of America - General Reconciling Items Bank of America - Payroll Total Active Accounts INVESTMENTS Local Agency Investment Fund Bank of New Y ork- Trust Sweep Account Federal Home Loan Mortgage Corp. ~ederal Home Loan Bank ~deral National Mortgage Association Total Investments 35,067,707.32 207,134.79 1,000,000.00 13,000,000.00 1,999,750.00 51,274,592.11 35,067,707.32 207,134.79 1,000,000.00 13,000,000.00 1,999,750.00 51,274,592.11 55,508,523.57 327,060.54 (4,070,457.01) 51,765,127.10 Cashier Drawers #1 & #2 City of Lake Elsinore Petty Cash Fund 300.00 1,000.00 TOTAL POOLED CASH AND INVESTMENTS $51,766,427.10 I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 27, 2006. A copy of this policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. c; ~/#b / Date Matt N. Pressey Director of Administrative Serv Prepared by: J. Riley, Finance Manager ~ AGENDA ITEM NO. :3 PAGE I OF /0 CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF JULY 31, 2006 FUND NO FUND NAME 100 General Fund 101 Supplemental Law Enforcement Fund 102 Local Law Enforcement Block Grant Fund 103 Office of Traffic Safety Fund 104 Traffic Offender Fund 105 Misc. General Project Fund 106 Affordable Housing In Lieu Fund 107 Developer Agreement Revenue 110 State Gas Tax Fund 112 Transportation Fund 115 Traffic Safety Fund 116 City Hall-Public Works DIF Fund 117 Community Center DIP Fund 118 Lake Side Facility DIP Fund 119 Animal Shelter DIF Fund 130 Lighting & Landscape Maintenance Fund 135 #1 Lighting & Landscape Maintenance Fund 140 Geothermal Fund ISO C.D.B.G. Fund 201 Street C.I.P. Fund 204 Signal C.I.P. Fund 205 Traffic Impact Fee Fund 211 Storm Drain C.I.P. Fund 221 Park C.I.P. Fund 231 Library C.I.P. Fund 232 City Fire Protection Fund 254 AD 89-1 Railroad Canyon Rd. Improvement Fund 257 CFD 90-2 Tuscany Hills 259 CFD 90-3 Construction Fund 351 AD 87-2 Debt Service Fund 352 AD 86-1 Debt Service Fund 353 AD 89-1 Debt Service Fund 356 AD 90-1 Debt Service Fund 357 CFD 2003-2 Canyon Hills 358 CFD 91-2 Debt Service Fund 359 CFD 90-3 Debt Service Fund 360 AD 93-1 Debt Service Fund 362 CFD 95-1(96 Srs.E) Debt Service Fund 363 CFD 88-3/1997 Series F Debt Service Fund 364 CFD 88-3 m B /1997 Series B Debt Service Fund 365 CFD 98-1 Summerhill Improvement fund 366 CFD 2004-1 Debt Service Fund 367 CFD 2005-3 Summerly / Laing 368 CFD 2004-2 Vista Lago 369 CFD 2004-3 Rosetta Canyon 370 CFD 2005-x Camino Del None 371 CFD 2005-1 Serenity 372 CFD 2005-3 Alberhill Ranch 373 CFD 2005-5 Wasson Canyon 374 CFD 2005-4 Lakeview Villas 375 CFD 2005-1 D. Clurman 376 CFD 2005-7 La Strada 377 CFD 2006-X Tessara 378 CFD 2007-X TR#31957 379 CFD 2007-X Marina Village 380 CFD 2006-9 Tuscany W 604 Endowment Trust Fund 605 Public Improvement Trust Fund 606 Mobile Source Air Polution Fund 608 Trust Deposit & Pre Paid Expense 610 Kangaroo Rat Trust Fund 611 Developer Agreement Trust Fund 616 Fire Station Trust Fund 620 Cost Recovery System Fund 650 CFD 2003-1 Law & Fire Service Fund Total Pooled Cash & Investments AMOUNT $15,193,405.33 87,218.91 5,440.87 48,291.99 76,710.76 26,734.23 782,236.00 825,449.11 456,514.13 465,370.53 108,896.08 497,389.77 316,310.73 451,332.66 201,617.75 471,136.27 13,219.87 16,001.68 50,631.76 16,206.73 138,826.03 4,936,041.36 5,621,221.45 2,128,194.19 1,080,149.01 288,334.06 2,493,707.15 (23,325.00) 93;801.98 568,524.17 370,764.98 320,660.65 190,633.45 463,551.50 1,133,703.10 (48,759.00) 1,738,472.90 261,638.68 4,394,473.42 (1,741,225.60) 260,719.73 27,628.26 41,187.26 35,743.43 176,701.68 26,313.48 (17,717.99) 58,142.18 29,410.81 33,734.03 42,825.20 (13,406.70) 54,378.18 63,659.15 65,559.17 84,253.41 518,567.46 160,836.38 2,218,639.90 (86,441.00) 1,753,592.00 123,928.95 1,693,737.88 (100,131.61) (4,937.78) $51,766,427.10 ACENDA ITEM NO, DAr.r: '/. ......, ......, "'-tJ1' 3 OF I () CITY OF LAKE ELSINORE r---- ANNUAL YEAR-TO-DATE INVESTMENT ACTIVITY SUMMARY FOR THE MONTH ENDING JULY 31, 2006 Total outstanding investments as of June 30,2006 $ 51,921,895.81 PURCHASE MATURITY DATE DATE COUPON RATE YIELD TO MATURITY CQSI Investment Purchases: Total Purchases Investment Maturities: r-- Total Maturities Investments Called: Total Calls Net increase (decrease) in LAIF Net increase (decrease) in Sweep Account (649,338.86) 2,035.16 Total outstanding investments as of July 31, 2006 $ 51,274,592.11 ~ AGENDA ITEM NO. 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'0 ~ ~ ! ~ ~8 C$ a ~ a ~ ~ ~ ~.a '0 -= t~ ~ '0 u = -5 "l! o &: j.s g .D ""] ~: 3' :5:;:: _ 28F I {J CITY OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS AS OF JULY 31, 2006 DESCRIPTION CURRENT PERCENTAGE BASED ON MARKET VALUE AS OF JULY 31,2006 0.00% U.S. Treasury Bills U.S. Treasury Notes 0.00% Federal Agency Issues: FICB FFCB FLB FHLB FNMA FHLMC 0.00% 0.00% 0.00% 25.26 % 3.90% 1.93% Banker's Acceptances 0.00% Certificates of Deposit 0.00% Negotiable Certificates of Deposits 0.00% Commercial Paper 0.00% Medium Term Corporate Notes 0.00% Repurchase Agreements 0.00% Reverse Repurchase Agreements 0.00% LAIF (Local Agency Investment Fund) Current Balance 68.50% Bank of New York - Trust Sweep Account Current Balance 0.40% TOTAL 100.00% % of Portfolio Maturing within one year % of Portfolio Maturing or Callable within one year 74.65 % 94.15% ...",., MAXIMUM PERCENTAGE UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED 40.00% 25 ""'" 30.00% 15.00% 30.00% UNLIMITED 20.00% UNLIMITED $ 35,067,707.32 UNLIMITED $ 207,134.79 no less than 25 % --" ACENDA ITEM NO. 3 PACE 8' OF /0 CITY OF LAKE ELSINORE /"'" PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES JULY 05 THROUGH JULY 06 (INCEPTION TO DATE) TOTAL % OF % OF PORTFOLIO BY AGENCY PORTFOLIO IN MONTH FFCB FHLB FHLMC FNMA FEDERAL AGENCIES July 2005 0.00% 0.00% 0.00% 0.00% 0.00% August 2005 0.00% 0.00% 3.33 % 0.00% 3.33% September 2005 0.00% 6.23% 3.12% 0.00% 9.35% October 2005 0.00% 14.23 % 2.85% 0.00% 17.08 % November 2005 0.00% 18.82 % 2.69% 0.00% 21.51 % December 2005 0.00% 22.92 % 2.86% 0.00% 25.78 % January 2006 0.00% 20.74 % 2.59% 0.00% 23.33 % February 2006 0.00% 21.01 % 2.62% 0.00% 23.63% March 2006 0.00% 20.49% 2.55% 0.00% 23.04% ~ ipril 2006 0.00% 20.59% 2.57% 0.00% 23.16 % May 2006 0.00% 19.94% 2.49% 5.02% 27.45 % June 2006 0.00% 24.91 % 1.91 % 3.85% 30.67 % July 2006 0.00% 25.26 % 1.93% 3.90% 31.10% AVERAGE 0.00% 16.55% 2.42% 0.98% 19.96% /"'" ACENDA ITEM NO. 3 PAGE q OF /0 Phil Angelides, State Treasurer Inside the State Treasurer's Office Local Agency Investment Fund (LAIF) PMIA Performance Report IJ......,",..'.'..:. 'it' " . . ~. .... ......, LAIF Performance Report Quarter ending 6/30/06 Apportionment Rate: Earnings Ratio: Fair Value Factor: 8/1 012006 4.91 4.86 162 8/1112006 4.91 4.86 162 8/12/2006 4.91 4.86 162 8/13/2006 4.91 4.86 162 8/14/2006 4.91 4.87 160 8/15/2006 4.96 4.87 161 8/16/2006 4.95 4.87 162 8/17/2006 4.96 4.87 162 8/18/2006 .4.97 4.87 165 8/19/2006 4.97 4.88 165 8/20/2006 4.97 4.88 165 8/21/2006 4.97 4.88 163 8/22/2006 4.97 4.88 . 162 8/23/2006 4.98 4.88 160 4.53% .00012403658695943 .998185821 PMIA Average Monthly Effective Yields July 2006 June 2006 May 2006 Pooled Money Investment Account Portfolio Composition $59.5 Billion 07/31/06 Reverse Treasuries Loans -0.42% 4.48% Mortgages 13.86% 1.10% Corporate Bonds 1.56% Commercial Paper 12.75% Agencies 29.81% Time Deposits 13.44% CDslBNs 23.42% 4.849% 4.700% 4.563% ......., ~ AGENDA ITEM NO. PACE I () 3 OF /0 ,........ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: SEPTEMBER 26, 2006 SUBJECT: CLAIM AGAINST THE CITY BACKGROUND Claims filed against the Cityof Lake Elsinore are reviewed and handled by Carl Warren & Company, Claims Administrators. When received, each claim is logged in the City Clerk's Office and forwarded to this company for investigation. After initial review and investigation, direction is issued to the City to take one of several actions such as rejection, notification of late claim or reservation of action until further information is obtained. ~ DISCUSSION The following claimhas been recommended for rejection by Carl Warren & Company: CL#2006-22 - EVMWD FISCAL IMPACT None. RECOMMENDATION Reject the claim listed above and direct the City Cl'erk to send a letter informing the claimant of this decision. ,....... ACENOA ITEM NO. 4- PACe \ OF '. yj- REPORT TO CITY COUNCIL SEPTEMBER 26, 2006 PAGE 2 PREPARED BY: FREDERI APPROVED FOR AGENDA BY: ......" '"-"'" ......" ACENDA ITEM NO.~ PAGE Q OF_,<,,,~~';h Wr.", ~ ~ t::::;' '. .:::1 r" .;\ Uc~(G ~\U C\TY CLERKS OfFiCE September 12, 2006 ~ ~cg~nW!~ ~ CITY CLERKS OFFICE TO: City of Lake Elsinore ATTENTION: Frederick Ray, City Clerk RE: Claim EVMWD v. City of Lake Elsinore (Price) .Cl~l!!atlt__~_---~!~inore Vl!lley MllIliciga1 Wa~er District .._______ D/Event 8/28/05 Rec'd Y/Office 9/5/06 Our File 1419681 RQ We have reviewed the above captioned claim and request that you take the action indicated below: ",-.... . CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very Truly Yours, CARL WARREN & CO. ~~ Richard Marque cc: CJPIA Attn: Executive Director r--- CARL WARREN & CO. CLAIMS MANAGEMENT.CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870-6832 Mail: P.O. Box 25180, Santa Ana, CA 92799-5180 Phone: (714) 572-5200 . (800) 572-6900. Fax: (714) 961-8131 AOENDA ITEM NO. PACe 3 ~ OF._':k _ - /-.......- City of 1akE Et1-in,,07-E c:Home of the !Diamond ~tadiwn ........, September 7, 2006 Dwight Kunz Carl Warren & Company P.O. Box 25180 Santa Ana CA 92799-5180 Dear Mr. Kunz: Enclosed for your handling is a claim received on September 5, 2006 from Elsinore Valley Municipal Water District (CL #2006- 22). Please keep me advised of appropriate City Council Action. ....." Also, we have enclosed the original pictures to the claim. For further assistance, please contact me at (951) 674-3124 ext. 262. Sincerely, ~~y, CITY CLERK CITY OF LAKE ELSINORE Enclosure cc: City Manager ACE~DA ITSM NO. Lj '-' PACE~Of__0 ....... 130 c50uth .dVlaln c5hut, .Lake Et<l.lno'te, (!c:/f 92530 · fJefep.hotle: (909) 674-3124 "3ax: (909) 674-2392 ,---~, /"" 1 LINDA S. BAUERMEISTER (S.B. #113321) MICHAEL J. MULHERN (S.B. #89885) 2 LAW OFFICES OF BARBER & BAUERMEISTER 1551 N. Tustin Avenue, Suite 720 3 Santa Ana, California 9275 (714) 973-1075 4 (714) 973-1670 (fax) 5 Attorneys for ELSINORE VALLEY MUNICIPAL WATER DISTRICT EXEMPT FROM FEES PURSUANT TO GOVERNMENT COnE ~6103 RECEIVED SEP 0 5 2006 6 7 8 9 10 TO: CITY OF LAKE ELSINORE. CITY CLERKS OFFICE DEMAND FOR DEFENSE AND INDEMNITY 11 1. Elsinore Valley Municipal Water District (hereinafter referred to as "EVMWD") requests 12 that the City of Lake Elsinore defend and indemnify EVMWD in the matter of Matthew Price v. City 13 of Lake Elsinore, Case No. RIC 452713. "..- 14 2. The facts giving rise to this action are that on August 28,2005, Matthew Price dove from 15 a boat in Lake Elsinore sustaining injuries. 16 3. Lake Elsinore is owned, operated, controlled and managed by the City of Lake Elsinore. 17 The City of Lake Elsinore provides police patrol and determines the lake rules and uses. The City of 18 Lake Elsinore collects and retains the daily lake use pass as well as boat launch and campground fees. 19 The City of Lake Elsinore posts both on its website and around the lake, lake safety rules including the 20 prohibition against swimming and diving. Further, the City of Lake Elsinore determines and enforces 21 the lake rules for vessels and personal water craft. The City of Lake Elsinore enforces all California 22 boating laws as well as the Lake Elsinore Municipal Code. 23 4. The City of Lake Elsinore determines, maintains and enforces the lake use regulations. 24 The City of Lake Elsinore posts, enforces and maintains the danger and warning signs around Lake 25 Elsinore. 26 5. Based upon the above ownership, control, duty and operation of the lake, EVMWD 27 hereby requests that the City of Lake Elsinore defend and indemnify EVMWD in the above entitled /"" 28 action attached hereto as Exhibit "A". I \mrh\price\indemnity.wpd 1 DEMAND FOR DEFENSE AND INDEMNITY AGENDA ITEM NO. PAOE ~ z-J .,,- OF -'-~~ 1 6. EVMWD request that within twenty (20) days from the date of this demand, '--" 2 confirmation of a defense and indemnification be provided to EVMWD in writing to counsel for 3 EVMWD, Linda Bauermeister, Barber & Bauermeister located at 1551 N. Tustin Avenue, Suite 720, 4 Santa Ana, California 92705. 5 7. In the event that the City of Lake Elsinore does not agree to defend and indemnify 6 EVMWD, EVMWD will file a cross-complaint seeking equitable indemnity, contribution, proration, 7 declaratory relief, and Civil Code ~ 1431 set off. 8 DATED: August 28, 2006 9 10 11 A . BA RMEISTER Attorneys for ELSINORE VALLEY MUNCIP AL WATER DISTRICT 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 '--" 27 28 l\mrh\price\indemnity. wpd .2 DEMAND FOR DEFENSE AND INDEMNITY I ) AOENDA ITEM NO. c PACE to OF .0 ~ CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: SEPTEMBER 26, 2006 SUBJECT: STREET V ACA TION OF A PORTION OF JOY STREET BACKGROUND /'" The property owner of APN's 379-131-008, Joy Street Holdings LLC, has formally requested" the street vacation of a portion of the Joy Street right-of-way between Machado Street and Riverside Drive. The proposed section of Joy Street to be vacated is a remainder piece from the previous alignment and consists of approximately 1810.38 square feet. DISCUSSION All appropriate parties have been notified and the Notice of Public Hearing has been published and posted as required by law. Staff has received no reports of conflicts with easement needs of the utility companies. Staffhas reviewed the legal descriptions and other documents and they are correct and conform to goals of the General Plan and Circulation Element. Planning Division staff has completed an Environmental review and determination. According to Section 15061 (b )(3) of the CEQA Guidelines, the proposed street vacation is deemed exempt from further CEQA clearance. This particular section of the CEQA Guidelines states "Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." It is determined that the ;"""- AGfiNJA ITEM NO. :=s PAGE , ~~ OF 1 REPORT TO CITY COUNCIL SEPTEMBER 26, 2006 PAGE 2 ......" roadway vacation will not result in any potential environmental impact, since no significant biological, geological, or historical resources are known to exist on site. It should be noted that any future use of or construction on the vacated street segment will possibly require separate environmental clearance in accordance with CEQA Guidelines. FISCAL IMPACT None. All Costs incurred will paid by the Applicant. RECOMMENDATION Staff recommends that the City Council: ....." 1. Adopt the attached Resolution No. 2006-153- ordering the vacation of a portion of Joy Street. 2. Direct the City Clerk to record said street vacation with the County Recorder. PREPARED BY: DA VID S. SOLOMON, PROJECT ENGINEER REVIEWED BY: KEN A. SEUMALO, CITY ENGINEER Attachments: Resolution Vicinity Map Site Plan APPROVED FOR AGENDA BY: ......" AGE.NDA iTEM NO. 5 PAGE 2. OFr 7 ",....... RESOLUTION NO. 2006--'53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FOR THE V ACA TION OF A PORTION OF JOY STREET WHEREAS, the City Council of the City of Lake Elsinore has determined that a certain street right-of-way is no longer necessary to be utilized as public right- of-way, said easement being more particularly described as follows: That the portion of Joy Street described as follows: That portion of Lot "A" of the La France Acres, in the Rancho La Laguna, as shown by map thereof on file in Map Book 14, Page 41, records of Riverside County, California, more particularly described as follows: Beginning at the westerly comer of Lot 18 of La Frances Acres, in the Rancho La Laguna, as shown by map thereof on file in Map Book 14, page 41, Records of Riverside County, said cornr being True Point of Beginning; ,- Thence south 53004'30" East along the southwesterly lot line of said lot 18, a distance of 100.00 feet; Thence South 36055'30" West along the southwesterly prolongation of the southeasterly line of said lot, a distance of 0.68 feet to the beginning of a non tangent curve parallel with and distant 74.00 feet, measured at right angles, form the southerly line of that certain parcel conveyed to the County of riverside by deed recorded June 22, 1964 as Instrument No 76393 of Official Records of Said County; Thence Northwesterly along the curve, concave southwesterly, of which the radius point lies South 21027'23" west, a radial distance of 544.00 feet, through a central angle of 11018'34", a distance of 107.38 feet to a point along the northwesterly prolongation of the northwesterly line of said Lot 18; Thence North 36055'30" East along said line, a distance of 39.31 feet to the True Point of Beginning. ",-. WHEREAS, the City Council for the City of Lake Elsinore desires to vacate said right-of-way pursuant to the procedures set forth in Streets and Highways Code Section 8335, et seq.; AGENDA ITEM NO. ~ CS 'PAGE5 Of7 WHEREAS, the vacation is permitted by law under pursuant to the conditions set forth in Streets and Highways Code Section 8333; ~ WHEREAS, That from and after the date the resolution is recorded, the street, highway, or public service easement vacated no longer constitutes a street, highway, or public service easement; WHEREAS, pursuant to Resolution 2005- , the public hearing has been held and evidence submitted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore as follows: 1. That the foregoing recitals are true and correct. 2. That based on the evidence submitted at said public hearing, the City Council hereby finds that the street and alleys described in this Resolution is unnecessary for present and prospective use. 3. That the street and alleys right-of-way more particular described above is hereby ordered to be vacated. ~ 4. That the City Clerk I hereby ordered to record the Resolution of Vacation in the Riverside County Recorder's Office. PASSED, APPROVED AND ADOPTED this 26th day of September, 2006 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: ROBERT E. MAGEE, Mayor City of Lake Elsinore ......", AGENDA iTEtv'i Nv. 3 PAGE 4- OF 7 ,..... /"'" ,...... ATTEST: FREDRICK RAY, City Clerk City of Lake Elsinore APPROVED AS TO FORM AND LEGALITY: BARBARA ZEID LEIBOLD, City Attorney City of Lake Elsinore AGENDA ITEM NV. :=5 .. PAGE 5"" OF 7 VICINITY MAP VACATION OF A PORTION OF JOY STREET CITY COUNCIL AGENDA ITEM NO. --~ PAGE b Of 7 ....", ...", ........, SITE PLAN CURVE: C1 TANGENT 53.86 ~ ~ ~ ~ ~ "..... ~ " r--. ~ "?' q;~~ +- . "?' <r] N 'v / <0 "?' <r]<\i :: 0<<- 0 'v 0) '\ 0' Q. ~ ",,'" 'v (j /1.... ~ q;" O~ <<-~~" << 0' ~ b'~ vo ~ ........(Q "-~s ""0 ~O.r_ r ,,00 ~)'-~ ,,~ PARCEL TO BE >" ~~~~ ABANDONED " ~, ~ ", ~O.,...., ....... ".....,...cS'. ~~.9- I ~ 100 ~~)'- 100 ~~ I 1 inch = 100ft. AG5NDA ITEM NO. .", ....~ 7 nc= 7 ~ CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER SUBJECT: SEPTEMBER 26, 2006 NOTICE OF COMPLETION FOR MACHADO STREET IMPROVEMENTS DATE: BACKGROUND ~ The Machado Street pavement rehabilitation project is included in the proposed Fiscal Year 2005/2006 Budget. The pavement rehabilitation project covers Machado Street between Lincoln Street and Grand Avenue. The portion of Machado Street between Lincoln Street and LeHarve Avenue falls within the City's jurisdiction and the portion between LeHarve Avenue and Grand A venue falls within Riverside County's jurisdiction. A Cooperative Agreement between the City and the County which outlined the project costs and reimbursement procedures was approved. In accordance with plans and specifications, on May 9, 2006, the Machado Street Improvement Project was completed. DISCUSSION On January 17, 2006 bids were opened and the firm of Hardy and Harper was the low bidder. The Contractor's construction cost for this project is $974,308 and the project was awarded on February 14, 2006. The project was completed within the allotted working days and within the allotted budget. ,.... AGiiMDA ITEU NO. Lv " PACE J OF 4- REPORT TO CITY COUNCIL SEPTEMBER 26, 2006 PAGE 2 FISCAL IMPACT ...,. Total project budget, including the City and County's portion is $1,160,868. This budget includes engineering, construction, contingency, inspection, construction staking, soil testing and administration. The City's share of $1,160,868 is $648,482 and County's share is $512,386. This cost was based on the amount of work done in each agency's jurisdiction. The final costs for this project are as follows: E!1gineering (Harris & Assoc.) = Surveys (Harris & Assoc.) - Soil Testing (City & County Testing) = Construction (Hardy & Harper) = Change Order No. I = Administration and Inspection = Project Total $58,400 $24,300 $8,320 $972,507 $57,984 $20.937 $1,142,448 ~ The project final costs are $18,420 below the project budget of$I,160,868. RECOMMENDA TION Staff recommends that the City Council request the Mayor to sign the Notice of Completion and have the City Clerk file the Notice of Completion with the County of Riverside. PREPARED BY: DA VID S. SOLOMON, PROJECT ENGINEER KEN A. SEUMALO, CITY ENGINEER ~ REVIEWED BY: APPROVED FOR AGENDA BY: '-' AG6NOA ITEM NO.~ " PAGE 2. Of 4 RIVERSIDE COUNTY ,~. ;" . .' ~.,_>;: ,'".... '!~ ./"' ...../ ( ,/)... # . ~ l.. ..,.... ;""','.. \. ~ . '.. , '~ ),r' ....... ,."" - ,. . i....,', J. . 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". ',. ....... ........< -'" ,. .... i./ , ,.... .// /~.~'-... .::/ / /.' ""..0....; " ,>:>' / "'-"j>~~0, /' ,:... .-----....:.............. ..../,;/ ......:.~:-... /' / ./'::-'..... f ..... ~' ........... ..' , -," .....::~...... " .~ ~>. ,.... -', .....". ", '" .>-..... ..... .... .....~" -. ............."',. "" City Boundary 1,200 2,400 4.- Feel . f...." I , /........,. '" "..... I_ o ", P.,//'/ * PAVEMENT REPAIR AND OVERLAY MACHADO STREET LINCOLN STREET TO GRAND AVENUE PROJECT ID NUMBER: STR-0015 PROJECT NUMBER: +. City Of Lake Elsinore ,-... 130 S. Main St. J Elsinore, CA 92530 (909) 67+3124 _.Jake-oelsinore.org ,.,...., By: . ---~ ~ ~-- DocwnI-. - -- --..,- Cll)r "'..... a-. GIS ...,...- AGEINOA ITEM NO. ~.. PAGE 3 OF.-.f.-.. RECORDING REQUESTED BY lJJlll... FORM 288 1 city of Lake Elsinore AND WHEN RECORDED MAIL TO City Clerk's Office City of Lake Elsinore (Name) J30 S. Main Street (Slreel Address) Lake Elsinore, CA 92530 (City. State ard Zip) Machado Street SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is OWNER of the interest or estate below in the property hereinafter described. 2. The FULL NAME of the undersigned is (City of Lake Elsinore 3. The FULL ADDRESS of the undersigned is 130 S. Main Street, Lake Elsinore, CA 92530 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In fee. Street Right-of-Way (If Other Than Fee. Strike "In Fee" and Insert. For Example. "Purchaser Under Contract of Purchase," or. "Lessee,") 5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as CO-OWNERS are: NAMES ADDRESS N/A N/A N/A 6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvement herein referred to: NAMES ADDRESS N/A N/A N/A 7. A work of improvement on the property hereinafter described was COMPLETED on (date) 8. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Hardy and Harper of Santa Ana, California (If no Contractor. Insert "None") Not Applicable September 15, 2006 9. 10. The street address of said property is The property on which said work of improvement was completed is in the City of Lake Elsinore County of Riverside , State of California, and is described as follows: VERIFICATION (Signature 0' Owner Named in Paragraph 2) Robert A. Magee, Mayor City of Lake Elsinore I, the undersigned, say: I am, the City Engineer ("President 0'''. "Parlne1 0'''. "Agent 0'''. etc.) owner of the aforesaid interest in the property described above; I have read the foregoing notice and know the contents thereof, and the facts stated therein are true of my own knowledge. I declare under penalty of perjury under the Laws of the State of California that the foregoing is true and correct. Executed on ,20_ at 130 South Main Street Lake Elsinore ,California. (Place Where Signed) (Personal Signature) .... A lJJ111.. BUILDING NEWS FORM PREPARED BY FORM 288 - 01996 _ . __ /.L LL ~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: SEPTEMBER 26, 2006 SUBJECT: NEW COPIER LEASE WITH TEMECULA COPIERS FOR ENGINEERING DEPARTMENT BACKGROUND Consider Municipal Lease and Service Agreement for new digital copier for the Engineering Department. ~ DISCUSSION To increase office efficiency, staff has obtained a lease proposal for a replacement copier in the Engineering Department. The proposal by Temecula Copiers for leasing a Canon IR2270 is consistent with the City's purchasing policy guidelines regarding the use of CMAS pricing for acquiring digital copiers and related information technology. With CMAS (the California Multiple Awards Schedule), vendors and manufacturers have agreed to sell to government agencies at GSA pricing, in lieu of a formal bid process. FISCAL IMPACT Lease, maintenance and total cost of ownership calculations are attached. The FY 2006-2007 budget includes capital funding for the initial lease payments through June of2007, and sufficient budgeted funds are projected to service the lease through the 60 month term, ending in year 2011. ~ '\OENDA ITEM NO.~ PACE ...1 ...... OF Y - Qoiio.. . REPORT TO CITY COUNCIL SEPTEMBER 26, 2006 PAGE 2 '""'" RECOMMENDATION Approve the digital copier lease proposal and designate and authorize the City Manager to execute the 60 month Municipal Lease agreement with Canon Financial Services, Inc. for the Canon IR digital copier. Approve service proposal by Temecula Copiers (based on monthly CMAS Service Agreement #GS-25F-0023M) and designate and authorize the City Manager to execute the Service Agreement with Temecula Copiers to maintain the IR2270 digital copier, per the stated terms and conditions. PREPARED BY: MARK DENNIS, INFORMATION/COMMUNICATIONS MANAGER APPROVED FOR AGENDA BY: '"" ....." AGENDA ITEM NO. PACE _ J- -=t OF y-- , ~. FY 2004-05, 05-06 Copier Lease Analysis Rev. April 5, 2005 ~ JCANON 1R2270 ENGINEERING (1) Maintenance Cost/Copy after 6,000 Est. Monthly Volume after 6,000 incl. $ 0.01683 (2) 500 (3) Month 1 2 3 4 5 6 7 8 9 10 11 12 Mo. Base ST <a>. 3.88% ImaQe Fee ST @ 3.88% $ 88.60 $ 3.44 $ 8.42 $ 0.33 $ 88.60 $ 3.44 $ 8.42 $ 0.33 $ 88.60 $ 3.44 $ 8.42 $ 0.33 $ 88.60 $ 3.44 $ 8.42 $ 0.33 $ 88.60 $ 3.44 $ 8.42 $ 0.33 $ 88.60 $ 3.44 $ 8.42 $ 0.33 $ 88.60 $ 3.44 $ 8.42 $ 0.33 $ 88.60 $ 3.44 $ 8.42 $ 0.33 $ 88.60 $ 3.44 $ 8.42 $ 0.33 $ 88.60 $ 3.44 $ 8.42 $ 0.33 $ 88.60 $ 3.44 $ 8.42 $ 0.33 $ 88.60 $ 3.44 $ 8.42 $ 0.33 $ 1,063.20 $ 41.25 $ 100.98 $ 3.92 Sub TOTAL /"" TOTAL ANNUAL MAINTENANCE $ MONTHLY MAINTENANCE AVERAGE $ MONTHLY LEASE+MAINTENANCE COST $ 1,209.35 100.78 272.79 NOTES 1) Equipped with feeder, network board, print/scan bundle 2) Based on average departmental use currently<6,000/mo. 3) Estimated overage; actual use may vary LEASE TERMS Month Lease Pmt ST @ 7.75% TOTAL $ PER YEAR 1 $ 159.64 $ 12.37 $ 172.01 2 $ 159.64 $ 12.37 $ 172.01 3 $ 159.64 $ 12.37 $ 172.01 4 $ 159.64 $ 12.37 $ 172.01 5 $ 159.64 $ 12.37 $ 172.01 6 $ 159.64 $ 12.37 $ 172.01 7 $ 159.64 $ 12.37 $ 172.01 8 $ 159.64 $ 12.37 $ 172.01 9 $ 159.64 $ 12.37 $ 172.01 10 $ 159.64 $ 12.37 $ 172.01 11 $ 159.64 $ 12.37 $ 172.01 12 $ 159.64 $ 12.37 $ 172.01 $ 2,064.15 13 $ 159.64 $ 12.37 $ 172.01 /"" 14 $ 159.64 $ 12.37 $ 172.01 15 $ 159.64 $ 12.37 $ 172.01 16 $ 159.64 $ 12.37 $ 172.01 AGENDA ITEM 00..-3:..-- CopierLease06 Sheet2 PAGI ~ OF Y r FY 2004-05, 05-06 Copier Lease Analysis Rev. April 5, 2005 Month Lease Pmt ST @ 7.75% TOTAL $ PER YEAR $ $ $ '-'" 17 159.64 12.37 172.01 18 $ 159.64 $ 12.37 $ 172.01 19 $ 159.64 $ 12.37 $ 172.01 20 $ 159.64 $ 12.37 $ 172.01 21 $ 159.64 $ 12.37 $ 172.01 22 $ 159.64 $ 12.37 $ 172.01 23 $ 159.64 $ 12.37 $ 172.01 24 $ 159.64 $ 12.37 $ 172.01 $ 2,064.15 25 $ 159.64 $ 12.37 $ 172.01 26 $ 159.64 $ 12.37 $ 172.01 27 $ 159.64 $ 12.37 $ 172.01 28 $ 159.64 $ 12.37 $ 172.01 29 $ 159.64 $ 12.37 $ 172.01 30 $ 159.64 $ 12.37 $ 172.01 31 $ 159.64 $ 12.37 $ 172.01 32 $ 159.64 $ 12.37 $ 172.01 33 $ 159.64 $ 12.37 $ 172.01 34 $ 159.64 $ 12.37 $ 172.01 35 $ 159.64 $ 12.37 $ 172.01 36 $ 159.64 $ 12.37 $ 172.01 $ 2,064.15 37 $ 159.64 $ 12.37 $ 172.01 38 $ 159.64 $ 12.37 $ 172.01 39 $ 159.64 $ 12.37 $ 172.01 40 $ 159.64 $ 12.37 $ 172.01 ......" 41 $ 159.64 $ 12.37 $ 172.01 42 $ 159.64 $ 12.37 $ 172.01 43 $ 159.64 $ 12.37 $ 172.01 44 $ 159.64 $ 12.37 $ 172.01 45 $ 159.64 $ 12.37 $ 172.01 46 $ 159.64 $ 12.37 $ 172.01 47 $ 159.64 $ 12.37 $ 172.01 48 $ 159.64 $ 12.37 $ 172.01 $ 2,064.15 49 $ 159.64 $ 12.37 $ 172.01 50 $ 159.64 $ 12.37 $ 172.01 51 $ 159.64 $ 12.37 $ 172.01 52 $ 159.64 $ 12.37 $ 172.01 53 $ 159.64 $ 12.37 $ 172.01 54 $ 159.64 $ 12.37 $ 172.01 55 $ 159.64 $ 12.37 $ 172.01 56 $ 159.64 $ 12.37 $ 172.01 57 $ 159.64 $ 12.37 $ 172.01 58 $ 159.64 $ 12.37 $ 172.01 59 $ 159.64 $ 12.37 $ 172.01 60 $ 159.64 $ 12.37 $ 172.01 $ 2,064.15 TOTAL $ 9,578.40 $ 742.33 $ 10,320.73 $ 10,320.73 '=t 'w1/fI AGENDA ITEM NO. PAGE l/ OP Y - . CopierLease06 Sheet2 2 "...... CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: SEPTEMBER 26, 2006 SUBJECT: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING A FINE FOR VIOLATION OF LAKE ELSINORE MUNICIPAL CODE SECTION 10.12.130 OVERSIZED VEHICLE PARKING BACKGROUND r- The City Council has previously adopted Ordinance No. 1187 regarding parking regulations within the City. The Ordinance primarily dealt with streamlining parking regulations in the City but also included a new provision - Section 10.12.130 - addressing the parking of oversized vehicles in residential neighborhoods. R V, trailers and similar vehicles may not park on such streets for more than 24 hours. This Ordinance is set to go in effect on October 1,2006. DISCUSSION "...... Ordinance 1187 did not set a specific fine for violation of Chapter 10.12. Instead, the Lake Elsinore Municipal Code contemplates that parking violations will be treated as infractions. Chapter 1.16 and applicable state law provide that infractions are subject to a maximum fine of $100 for the first offense, $200 of the second offense and $500 for any offense thereafter within one year. The City Council is empowered to set the actual fine by resolution subject to these maximums. Because Section 10.12.130 is a new traffic regulation, the City Council has not previously set the amount of the fme. The typical parking fine for a parking violation under the LEMC is $30. Fines for parking in posted "no parking" zones and red zones range between $40 and $50. The City does not currently impose increased fines for repeated offenses. AGENDA ITEM NO. PACE I R OF 'i REPORT TO CITY COUNCIL SEPTEMBER 26, 2006 PAGE 2 OF2 ....." Code Enforcement staff has briefly surveyed the cities of Temecula and Murrieta. Temecula does not issue parking tickets for oversized vehicle parking; they use an administrative citation process. Murrieta imposes a $50 fine. In light of the Council's authority, the attached resolution provides for a $100 fine. The Council has full discretion in setting the fine subject to the $100 limit for first offense. FISCAL IMPACT Minimal. The purpose of the fine is to serve primarily as a deterrent to illegal oyersized vehicle parking which presents a safety concern in the City's residential neighborhoods. RECOMMENDATION Determine the appropriate fine for a violation of Section 10.12.130 and approve Resolution No. 2006- ~ as may be modified to reflect the proposed fine. .~ PREPARED BY: BARBARA ZEID LEIBOLD, CITY ATTORNEY APPROVED FOR AGENDA BY: ....." AGENDA ITEM NO. R MOl d-: OF Y - - ."'"" RESOLUTION NO. 2006 - ~ A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING A FINE FOR VIOLATION OF LAKE ELSINORE MUNICIPAL CODE SECTION 10.12.130 - OVERSIZED VEHICLE PARKING WHEREAS, the City Council of the City Lake Elsinore has duly adopted Ordinance No. 1187 which provides, among other things, a prohibition against the parking of oversized vehicles as set forth in Section 10.12.130 of the Lake Elsinore Municipal Code (LEMC); and WHEREAS, Chapter 10.60 of the LEMC provides that where no specific penalty is provided, violations of the City's parking regulations shall be treated as infractions subject to Chapter 1.16. .--.- NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF. LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That a violation on Section 10.12.130 of the LEMC shall be subject to a fine of$100.00. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. ,-.... AGENDA ITEM NO. 6- MOl ~ ~ CITY COUNCIL RESOLUTION NO. 2006-_ Page 2 of2 ....., PASSED, APPROVED AND ADOPTED this _ day of 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: ......", Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore ......", ACENDA ITEM NO.. 6 PAGE Y OF Y ,,-.... CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MA YOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DA TE: SEPTEMBER 26, 2006 SUBJECT: MITIGATED NEGATIVE DECLARATION 2006-04, GENERAL PLAN AMENDMENT NO. 2006-05, PRE-ANNEXATION ZONE CHANGE NO. 2006-05, ZONE CHANGE NO. 2006-07, RAMS GATE SPECIFIC PLAN NO. 89-1 FIFTH REVISION, ANNEXA TION NO. 76, TENTATIVE TRACT MAP NO. 33725. APPLICANT: THE SHOPOFF GROUP, 8951 RESEARCH DRIVE, IRVINE, CA 92618, A TTN: KRISTINE ZORTMAN, PROJECT MANAGER. ~ OWNER: TSG LITTLE VALLEY, 8951 RESEARCH DRIVE, IRVINE, CA 92618 PROJECT REQUEST 1. Adoption of Mitigated Negative Declaration No. 2006-04 prepared for the project. 2. Approval of General Plan Amendment No. 2006-05 to redesignate of 47.71 acres from County Very Low Density Residential, 1 acre minimum lot size (VLDR) to Ramsgate Specific Plan; 14.71 acres from County VLDR to Low Density, 3 dwelling units per acre; and 4.99 acres from City Very Low Density Residential, 0.5 dwelling units per acre, to Ramsgate Specific Plan. ~ 3. Approval of Pre-Annexation Zone Change No. 2006-05 to add to the Official Zoning Map 47.71 acres from County Rural Residential, ~ acre minimum lot size (RR) to Ramsgate Specific Plan, and 14.71 AGENDA ITEM NO. a I PAGELOFil REPORT TO CITY COUNCIL ANNEXATION 76, GPA 2006-05, ZC 2006-05, ZC 2006-07, RAMS GATE SPA 5, TIM 33725, MITIGATED NEG DEC 2006-04 Page 2 of6 ....., acres from County RR to R-E Estate Single Family Residential, Y:z acre minimum lot size. 4. Approval of Zone Change No. 2006-07 to rezone 4.99 acres from City Rural Residential, 2 acre minimum lot size, to Ramsgate Specific Plan. 5. Approval of Ramsgate Specific Plan No. 89-1 Fifth Revision, which adds 52.7 acres of vacant land for residential development to the northeastern portion of the SP as new Planning Area 10. 6. Approval of Annexation No. 76 and the commencement of proceedings to bring 62.42 acres into the City boundaries currently in the County of Riverside's jurisdiction, but within the City's Sphere of Influence area. 7. Approval of Tentative Tract Map No. 33725, to subdivide 52.7 acres for the construction of 221 single family residential lots, five (5) water quality basins, and twenty-five (25) open space lots. ....., BACKGROUND At their regular meeting of September 5, 2006, the Planning Commission unanimously adopted the following resolutions based on Findings, Exhibits and Conditions of Approval: . Resolution No. 2006-87 recommending that the City Council adopt Mitigated Negative Declaration No. 2006-04 and the Mitigation Monitoring Program appertaining thereto; and · Resolution No. 2006-88 recommending to the City Council adoption of Findings of Consistency with the Multiple Species Habitat Conservation Plan (MSHCP); and · Resolution No. 2006-89 recommending that the City Council approve General Plan Amendment No. 2006-05; and · Resolution No. 2006-90 recommending that the City Council approve Pre-Annexation Zone Change No. 2006-05; and AGENDA ITEM NO. ~ \ PAGE IL OF2L ....., ,,-.... REPORT TO CITY COUNCIL ANNEXATION 76, GPA 2006-05, ZC 2006-05, ZC 2006-07, RAMSGATE SPA 5, TTM 33725, MITIGATED NEG DEC 2006-04 Page 3 of6 · Resolution No. 2006-91 recommending that the City Council approve Zone Change No. 2006-07; and · Resolution No. 2006-92 recommending that the City Council approve the Ramsgate Specific Plan No. 89-1 Fifth Revision with seven (7) Conditions of Approval; and · Resolution No. 2006-93 recommending the City Council commence proceedings to annex the territory designated as Annexation No. 76; and · Resolution No. 2006-94 recommending the City Council approve Tentative Tract Map No. 33725, a subdivision of 221 single family residential lots and five (5) water basins and 25 open space lots, with 117 Conditions of Approval. DISCUSSION ~ The Planning Commission heard the Staff Report and presentation by the applicant before deliberating on this project. No one else from the audience wished to comment, either in favor or against the project. Commissioner Gonzales indicated that he would have a problem with the development if there were no single-story units in the tract. Ms. Zortman, representing The Shopoff Group, indicated that his comment would be considered during the Design Review stage of development. In response to Commissioner Gonzales, Ms. Zortman indicated that there was no clubhouse proposed for the residents. Commissioner Mendoza requested additional information regarding the loss of the school site, to which Ms. Zortman replied that the District was no longer interested in a site on this side of the Ramsgate Specific Plan due to the loss of dwelling units as a result of the set aside of lands for preservation. Commissioner Flores discussed the proposed parks, indicating his preference for a neighborhood park with rest rooms and more amenities, rather than a "pocket" ,,-.... park. Ms. Zortman replied that the tract did not qualify under the Quimby Act for a neighborhood park maintained by the City. Therefore, she had to be careful not to overburden the homeowners' association with the maintenance of the AGENDA ITEM NO. a \ PAGE -.3 OF-Z1 REPORT TO CITY COUNCIL ANNEXATION 76, GPA 2006-05, ZC 2006-05, ZC 2006-07, RAMSGATE SPA 5, TTM 33725, MITIGATED NEG DEC 2006-04 Page 4 of6 ....., parks, other facilities and open space in the tract. She believed that the design met the requirements of the Second Operating Memorandum of Understanding (OMOU) executed between the City and White Rock Acquisition Co. L. P. which required an aggregate 3 acres of park area. Commissioner Zanelli had no questions. Chairman O'Neal questioned the validity of the Fiscal Impact Report; staff offered to provide him additional information. FISCAL IMPACT Residential development of this nature generates a negative fiscal impact to the City. However, the project has been conditioned to annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts on City-maintained lighting and landscaping, and to annex into Community Facilities District No. 2003-1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Further, upon completion of the Fire Station Impact Study and other ...., impact fee studies, the developer shall pay impact fees. Lastly, the project has been conditioned to form a Mello-Roos Community Facilities District to fund the on-going operation and maintenance of any new parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset annual negative fiscal impacts of the project. This project is not within a designated Redevelopment Area. The Fiscal Impact Report prepared for the Little Valley Annexation dated August 29, 2006 by David Taussig & Associates indicates that the project is anticipated to have an overall positive fiscal impact if annexed into the city, generating a fiscal surplus of $98,304 annually. RECOMMENDATIONS The Planning Commission recommends that the City Council adopt the following Council Resolutions: 1) Council Resolution No. 2006-LS5adopting Mitigated Negative Declaration No. 2006-04 and the Mitigation Monitoring Program appertaining thereto. ...., AGENDA ITEM NO. 01.\ PAGELoF$l ~, REPORT TO CITY COUNCIL ANNEXATION 76, GPA 2006-05, ZC 2006-05, ZC 2006-07, RAMSGATE SPA 5, TTM 33725, MITIGATED NEG DEC 2006-04 Page 5 of6 2) Council Resolution No. 2006-~adopting Findings of Consistency with the Multi-Species Habitat Conservation Plan. 3) Council Resolution No. 2006- I~ approving General Plan Amendment No. 2006-05, based upon Exhibit 'C.' The Planning Commission recommends that the City Council introduce and adopt upon first reading, by title only, the following Council Ordinances: 1) Ordinance No.\\S5 approving Pre-Annexation Zone Change No. 2006-05, based upon Exhibit 'D.' 2) Ordinance No)\'\<, approving Zone Change No. 2006-07, based upon Exhibit 'E.' 3) Ordinance No.\\~l approving the Ramsgate Specific Plan No. 89-1 Fifth r' Revision with seven (7) Conditions of Approval, based upon Exhibit 'F.' The Planning Commission recommends that the City Council adopt the following Council Resolutions: 1) Council Resolution No. 2006-~ to commence proceedings to annex the territory designated as Annexation No. 76, based upon Exhibit 'G,' and subject to seven (7) Conditions of Approval. 2) Council Resolution No. 2006-li~ approving Tentative Tract Map No. 33725 based upon Exhibit 'J' and subject to 117 Conditions of Approval. PREPARED BY: CAROLE DONAHOE, PLANNING CONSULTANT APPROVED FOR AGENDA BY: ~, AGENDA ITEM NO.~_ PAGE 5' OF U REPORT TO CITY COUNCIL ANNEXATION 76, GPA 2006-05, ZC 2006-05, ZC 2006-07, RAMSGATE SPA 5, TIM 33725, MITIGATED NEG DEC 2006-04 Page 6 of6 """'" ATTACHMENTS: 1. Exhibit 'A' - Vicinity Map. 2. Council Resolution No. 2006-_ adopting Mitigated Negative Declaration No. 2006- 04 and the Mitigation Monitoring Program appertaining thereto. a. Exhibit 'B' - Mitigated Negative Declaration 2006-04 (Separate Cover) 3. Council Resolution No. 2006-_ adopting Findings of Consistency with the Multi- Species Habitat Conservation Plan. 4. Council Resolution No. 2006- _ approving General Plan Amendment 2006-05. a. Exhibit 'c' - Little Valley General Plan Amendment. 5. Ordinance No. _ approving Pre-Annexation Zone Change 2006-05. a. Exhibit 'D' - Little Valley Annexation Zone Change. 6. Ordinance No. _ approving Zone Change No. 2006-07. a. Exhibit 'E' - Little Valley Zone Change No. 2006-07. ~ 7. Ordinance No. _ approving the Ramsgate Specific Plan 89-1 Fifth Revision. a. Conditions of Approval. b. Exhibit 'F' - Ramsgate SPA 5 text (Separate Cover) 8. Council Resolution No. 2006-_ approving Annexation No. 76. a. Conditions of Approval. b. Exhibit 'G' - Reorganization Plat. c. Exhibit 'H' - Plan of Services (Separate Cover) d. Exhibit'!, - Fiscal Impact Report (Separate Cover) 9. Council Resolution No. 2006-_ approving Tentative Tract Map 33725. a. Conditions of Approval. b. Exhibit 'J' - Full-sized TIM 33725 (Enclosure) c. Exhibit 'K' - Reduced color illustrative (Enclosure) 10. Planning Commission Staff Report of September 5, 2006 11. Draft Notice of Determination. .~ AGENDA ITEM NO. d-\ PAGE L OF --Zi ,--. VICINITY MAP ANNEXATION NO. 76, GENERAL PLAN AMENDMENT NO. 2006-05, PRE-ANNEXATION ZONE CHANGE NO. 2006-05 RAMSGATE SPECIFIC PLAN NO. 89-1 FIFTH REVISION, TTM NO. 33725, MITIGATED NEG DECLARATION NO. 2006-04 " ~ r7H\~~ ~ H 1/-\,l~uCll= '\ "- MAURICIO ST ~ 'I ~ f:\ 111~ ;:;~--'~ ==I...;.~:';; .... .~..:'.::::;::;" v 5\"\-14 ~ _"> "'iF' I-- .-~ - <. ". ..:. /~ r RIVERSIDE.Sr., ;or ii- e- >- ~ "'.' LJ I II .~~. ~ ARON'ST 1'( JER~H DR )I: :' U lr1llJ 1 III / 1\ / l ~ I- $111 ~ - ~ Il -~~ I LI L Wi LL RD ~ L ~~,' =-r~ -""'0 TIM 34231 " ( ~ ~ ~ ~ ~ i- ~ ~~ ~ ALJ ~jl ~-- ~ ...' :', :':.: M S8ENI8 8RESTIDR- q T1. PROJECT SITE .: I l I:,:, .. \ I-- 'RS: I .' ( 1=2:; ~.!~M~~e.T!;\; I ~ !?";;^~:~:':I,;,:~G L .......... ..: ............... '. . . ..........'''Xi''J'';:S r '/' ." -.-..~ J ~?/ ) ~. t: [) ~V ~ \) - C~ ~ d~.-~ ~.~ ~~ ~ \ CITY COUNCIL J;":j'-"'/ r:'ftJ ~ 8,' :~ r'T \A / L \.i 11' Ii i r7 AGENDA ITEM NO. cl\ PAGE 7 OF 71 RESOLUTION NO. 2006-jS5 "" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ADOPTING MITIGATED DECLARATION NO. 2006-04 MITIGATION MONITORING APPERTAINING THERETO, FOR NO. 76 AND ITS RELATED APPROXIMATELY 63.59+ ACRES. CALIFORNIA, NEGATIVE AND THE PROGRAM ANNEXATION CASES, ON WHEREAS, TSG Little Valley has filed applications with the City of Lake Elsinore to annex 63.59 acres into the City boundaries, redesignate certain acreage to City General Plan land use designations, pre-zone certain acreage to City zoning, revise Ramsgate Specific Plan No. 89-1, and to subdivide approximately 52.7+ acres of unimproved property into 221 residential lots, water basins and twenty-five (25) open space lots (the "Project"); and WHEREAS, Annexation No. 76 and its related cases pertain to property located south of Little Valley Road, north of Scenic Crest Drive, west of Greenwald A venue, and east of Grassy Meadow Drive, and known as Assessor's Parcel Nos. 349-240-043 thru -047; 349-240-050 and -051; 349-240-054 thru -058; 349-380-024 and -025; and """'" WHEREAS, Annexation No. 76 and its related cases qualify as a "project" under California Public Resources Code Section 21065, which defines a project for purposes of the California Environmental Quality Act (Cal. Pub. Res. Code ~~ 21000 et seq.: "CEQA") as any 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, the Initial Study revealed that the Project may have potentially significant environmental impacts. Nevertheless, it was determined that an environmental impact report was not necessary and that all of the potentially environmental impacts could be mitigated to a level of insignificance. Therefore, it was determined that it would be appropriate under CEQA to prepare Mitigated Negative Declaration No. 2006-04 to "-" AGENDA ITEM rJo. PAGE J' ~\ OF 71 CITY COUNCIL RESOLUTION NO. 2006-_ PAGE20F3 ~ address the potentially significant environmental impacts and applicable mitigation measures; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on September 26, 2006. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed Mitigated Negative Declaration No. 2006-04 and related Mitigation Monitoring Program prior to making its decision. The City Council finds and determines that Mitigated Negative Declaration No. 2006-04 and related Mitigation Monitoring Program are adequate and prepared in accordance with the requirements of CEQA. /"'" SECTION 2. That in accordance with CEQA, State Planning and Zoning law, and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Mitigated Negative Declaration No. 2006-04 and the related Mitigation Monitoring Program: 1. Through development of the Project, the immediate natural environment will change from a natural setting to a suburban one. This change is not necessarily considered a substantial or 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 Project has individual impacts that can be mitigated to below the level of significance through implementation of Mitigation Monitoring Program and the conditions of approval. The Project's contribution to cumulative noise impacts are insignificant when considered in light of the contribution to traffic noise resulting AGENDA ITEM NO. ~ \ PAGE.-!L OF ~ CITY COUNCIL RESOLUTION NO. 2006-_ PAGE30F3 from projects within the vicinity. No considerable cumulative ""-'" impacts will occur as a result of the Project. 3. The Project does not pose any potential adverse effects on human beings. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this twenty-sixth day of September, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ""-'" RobertE.~agee,~ayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore """"" AGENDA ITEM NO. ;;L \ PAGE 10 OF -.2.i ~ RESOLUTION NO. 2006-'5~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI- SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECTS KNOWN AS ANNEXATION NO. 76 ET.AL., RAMSGATE SPECIFIC PLAN NO. 89-1 FIFTH REVISION, AND TENTATIVE TRACT MAP NO. 33725. WHEREAS, the Shopoff Group has submitted applications for Annexation No. 76, General Plan Amendment No. 2006-05, Pre-Annexation Zone Change No. 2006-05, Zone Change No. 2006-07, Ramsgate Specific Plan No. 89-1 Fifth Revision, and Tentative Tract Map No. 33725 ("Ramsgate Applications") located approximately one mile east of Interstate 15, south of Highway 74, and west of Greenwald Avenue; and "......... WHEREAS, Section 6.0 of the MSHCP requires that all projects which lie within an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ("LEAP") and the Joint Project Review ("JPR") processes prior to public review of the project applications; and WHEREAS, the Ramsgate Applications involve entitlements requesting that the City issue a permit, license, certificate, or other entitlement which requires discretionary review by the legislative body; and WHEREAS, the Ramsgate Applications are within MSHCP criteria cell group "I" and were therefore evaluated under the LEAP and JPR process prior to the public hearing on this item on September 5,2006; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development projects within MSHCP criteria cells; and WHEREAS, public notice of the Ramsgate Applications has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with "........ respect to this item on September 26, 2006. AGENDA ITer", NO. PAOE II 02\ OF 'l? - CITY COUNCIL RESOLUTION NO. 2006-_ PAGE20F5 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: '-' SECTION 1. The City Council has considered the proposed Ramsgate applications and their consistency with the MSHCP prior to making its decision to adopt findings of consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP and the City of Lake Elsinore Municipal Code, the City Council makes the following findings: MSHCP CONSISTENCY FINDINGS 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The proposed project includes a tentative tract map and requires a number of discretionary approvals from the City, including CEQA review. Pursuant ,..", to the City's MSHCP Resolution, the project has been reviewed for MSHCP consistency, including consistency with "Other Plan Requirements. " These include the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, J 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, J 6.1.3), Additional Survey Needs and Procedures (MSHCP, J 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, J 6.1.4), Vegetation Mapping (MSHCP, J 6.3.1) requirements, Fuels Management Guidelines (MSHCP, J 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, J 4). 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. The project site is within the MSHCP Lake Elsinore Area Plan. The entire Tentative Tract Map No. 33725 is located in Independent Cell Group (Criteria Cells I 4174 and 4176). Therefore, a formal and complete LEAP application, LEAP 2006-0, 4 was submitted to the City in June, 2006. AGENDA ITEM NO. ;L\ ,..", PAGE/kOF $ /"'"" CITY COUNCIL RESOLUTION NO. 2006-_ PAGE30F5 3. The proposed project is consistent with the Riparian/Riverine Areas and Vemal Pools Guidelines. ",........ No vernal pools exist on the site; therefore, vernal pool species are not expected to occur. Section 6.1.2 of the MSHCP focuses on protection of riparian/riverine areas and vernal pool habitat types based on their value in the conservation of a number of MSHCP-covered species, none of which has any potential to occur on the project site. Impacts to riparian habitats on the map site include the 0.22 acres of herbaceous wetland. Remaining impacts to riparian/riverine resources are limited to non-wetland waters of the U.S. Impacts to the small riparian area and unvegetated drainages will be mitigated through acquisition of credits from the Riverside-Corona Resource Conservation District Mitigation Bank, which provides significant enhancement to riparian habitat along the Santa Ana River through removal of giant reed (Arundo donax). A number of the species targeted for conservation through consistency with Section 6.1.2 occur within bank boundaries, and the bank is within the MSHCP Conservation Area boundaries. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project site is not located within the NEPSSA as shown on Figure 6-1 of the MSHCP and therefore no focused survey is required. Additionally, no NEPSSA species were observed duringfocused biological surveys conducted on the project site. Based on its location outside of any NEPSSA and the lack of any NEPSSA species being observed during focused surveys, the project is compliant with MSHCP Section 6.1.3. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The MSHCP requires additional surveys for certain species if the project is located in Criteria Area Species Survey Areas, Amphibian Species Survey .'-- AGENDA ITEM NO.2- \0' PAGE L3- OF 70 CITY COUNCIL RESOLUTION NO. 2006-_ PAGE40F5 'oJ Areas With Critical Area, Burrowing Owl Survey Areas With Criteria Area, and Mammal Species Survey Areas With Criteria Areas of the MSHCP. The project site is located outside of any Critical Area Species Survey Area (CASSA) for plants and mammals and no CASSA plant species were observed during the focused surveys for the site. However, the project site is located within the area requiring burrowing owl surveys. A focused burrowing owl survey was conducted on the site during the 2006 breeding season (March 1 - August 31), in accordance with accepted guidelines. The focused survey determined that although the site contains 35 acres of low to moderate potential owl habitat, no burrowing owls were observed on the property and the few burrows with potential to support owls showed no sign of owl occupation. 6. The proposed project IS consistent with the Urban/Wildlands Interface Guidelines. Section 6.1.4 of the MSHCP setsforth guidelines which are intended to ~ address indirect effects associated with locating development in proximity to the MSHCP Conservation Area, where applicable. Future Development in proximity to the MSHCP Conservation Area may result in Edge Effects that will adversely affect biological resources within the MSHCP Conservation Area. To minimize such Edge Effects, guidelines shall be implemented in conjunction with review of individual public and private Development projects in proximity to the MSHCP Conservation Area. Through implementation of mitigation measures the project will minimize the identified potential indirect impacts with potential future open space to the south. 7. The proposed project overall is consistent with the MSHCP. The entire project is consistent with the MSHCP and provides effective conservation on the project site to meet the biological issues and considerations of the MSHCP. AGENDA ITEM NO. ~\ PAGEd. OF 11' 'oJ r" CITY COUNCIL RESOLUTION NO. 2006- PAGE50F5 8. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this twenty-sixth day of September, 2006, by the following vote: A YES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: r--- ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore ~ AGENDA ITEM NO. 02-\ PAGE IS. OF 1f RESOLUTION NO. 2006-l.S.) '-' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2006-05, AMENDING THE GENERAL PLAN LAND USE DESIGNATION ON 68.59 ACRES OF PROPERTY LOCATED SOUTH OF LITTLE VALLEY ROAD, NORTH AND SOUTH OF SCENIC CREST DRIVE, WEST OF GREENWALD AVENUE AND EAST OF GRASSY MEADOW DRDIVE, CONTIGUOUS TO THE NORTHEASTERLY BOUNDARY OF THE CITY OF LAKE ELSINORE. WHEREAS, TSG Little Valley has filed an application with the City of Lake Elsinore to amend the City's General Plan Land Use designation for the properties located at Assessor's Parcel Nos. 349-240-006; 349-240-043 thru -047; 349-240-050 and -051; 349-240-054 thru -058; 349-380-024 and -025 (the "Properties") to "Ramsgate SP" and "Low Density, 3 dwelling units per acre; and "-'" WHEREAS, the Planning Commission at a regular meeting held on September 5, 2006, made its report upon the desirability of the proposed project and made its recommendations in favor of General Plan Amendment No. 2006-05 by adopting Planning Commission Resolution No. 2006-89 recommending to the City Council approval of the General Plan Amendment No. 2006-05; 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 26, 2006. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered proposed General Plan Amendment No. 2006-05 prior to making a decision. The City Council AGENDA ITEM NO. b2.\ PAGE /fp OFK "-'" r'. ;--.. ;-- CITY COUNCIL RESOLUTION NO. 2006- Page 2 of 4 adopts Mitigated Negative Declaration No. 2006-04 prepared for this project as adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project. 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 General Plan Amendment No. 2006-05 have been made as follows: 1. The proposed General Plan Amendment will not be: a) 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, or b) injurious to the property or improvements in the neighborhood or within the City. a. The proposed General Plan Amendment has been analyzed relative to its potential to have detrimental effects, and Staff believes that the health, safety and welfare of surrounding residents may be improved as a result of future improvements to infrastructure such as water, sewer, paving and drainage facilities brought to the site as a requirement for any future development. b. The proposed "Ramsgate" designation will ensure that development standards and design guidelines of the specific plan will be consistently applied to all of the Properties. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. a. The proposed land use designation of "Ramsgate" will allow for the continuation of large lot single family detached residential neighborhoods thus creating continuity between the Properties and the neighboring Canyon Hills Specific Plan which lies to the west. The proposed designation will also provide flexibility in designing the site to be compatible with existing uses along its other three boundaries. AGENDA ITEM NO. J.l PAGErLOF~ CITY COUNCIL RESOLUTION NO. 2006- Page 3 of4 3. The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property's location, access, and constraints. "'" a. The General Plan Amendment proposes a boundary adjustment to allow for a seamless integration of the property with the adjacent Canyon Hills Specific Plan, while remaining sensitive to the neighboring rural residential land uses to the east. b. Access to any future development of the site is expected to be from the west. In addition, infrastructure to support future development on the Properties will likely tie into existing infrastructure to the west. 4. The proposed General Plan Amendment will not have a significant effect on the environment. a. The General Plan Amendment does not propose changes necessarily considered substantial nor significant. Any individual impacts can be mitigated to below a level of significance. Based upon the current scope of the General Plan Amendment, no potential adverse effects have been identified. "'" SECTION 3: This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED this twenty-sixth day of September, 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ......, AGENDA ITEM NO. 2\ PAGELLOFU I"'""' I"'""' r-- CITY COUNCIL RESOLUTION NO. 2006- Page 4 of 4 ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) Robert E. Magee, Mayor City of Lake Elsinore AGENDA ITEM NO. cl\ PAGEL!/- OF :t.l I- i i ;!.! ! ~ -I ::fl! i!!; Jill V .....", --., ~I is>: z- Z ~fl<'j ~I Q. Oi!OljIt;; -l!;l!;!:I! g C ~ I- ~",. ~I ~~ Q. ~~ 5 >oM a:: a: ~~~ ~ !::~ ~' " Q o ~~~~ " z_ ... <S '" ~j Z '" ..( ~ ~ @ I- en i~~~ ~ I (3 <> t3 W ...'O~ ""t :ll ~"'7 :!\ Q .J(~~ ~ :> I ,lC) ~ ~ ~ ~ ~I * ~ ... .; i!O~ ~ ... ... '" '" .... l!;ilee", ' '" 0.. <.J c( ~l!;1l1~ ~ .., - 0.. " " CJ CJ /::'" ff 11.1 ~g~~ ~ <.J ........... e (r) ,fll/X 1 00 OOooN-' . , 1 1 1 c 1 .Q m....1 0.. <S ~I.... ~ 0 "bl:;! 0 - li: ~ ~I'" ....I ~ 0 ... "'I ~ C Q) ~I ~-80a- .,..,iiiOQ) +-Q)3- 1 30::'0 g, _,~~__.J 0 ~:::. E - J.oo,oo.ooN 0 ~ 0 EQ) 0:: 20 ~ u.. 0 o - j'-. C\.1 Cf.) C\.l - e CD E "C e CD ~ ell) 09 --0 ~o 00 "'N CD . e 0 CDZ (!) ~ ~ CD == lu :::; <: ~ -J eJ I-c:::: ~ a:i (3 Q::: ci C) u.: Q ~ iii 0 C "3 Q) 0 '0 ~ ~ .9o~ ~Oiii ~"3i '00 ~.... ~ c- ::J 0 o ....I 0 ~ E 0 2 0 u.. - ,I1W. .11.~ 3J1/CJO Q ~ C> 0::: >- lu -J -J ~ lu1 ~ I- ::; '. y NO)'~NV~. 1 .... 0 t<) ": ~ ~ ...( ~ ~ ~ ~ ~ ~ ~ ~ r,. ~ ~ .. .OZS9 1.l',lUON ~~ ~ '" '" '" I '" Ol) 0; ... '" Ol) , ~ OO~ ~ ~ ;l; ~ .. ~ I <> ... '" I '" ... ... ~ " ~ o <: V) G:l I, ~ <( --J I, k OVOtJ ---J - 177JCJVYV " , ... Ol) ... Ol) I <> ... '" I 0> ... ... '" 0.. ... i'.- "- ... I Ol) ... , ~ '" , '" ;:!; ~ " >- I- <: :::J ~~ \2) Vi Cl:: ~ Q: ~ """., '" ... ~ " ;:!; , o ... '" I '" ... ... ~ ... ~ fi ~~ /:: i;;t~ ei ~~ ..... a: >-- V) t!1 ~I ~ h ~Sl ~ I 1m ~ ~ /:: o ~ Q~ ~I .....", El9-otZ 6tf' NdV t;f'-otl-6t-f' NdV AOENOAITEM NO. ~\ oZ~ F 7$ ~='li-IICIT \ C. / ",....... ORDINANCE NO.ll9.5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE-ANNEXATION ZONE CHANGE NO. 2006-05 CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE, SUBJECT TO THE COMPLETION OF ANNEXATION NO. 76, BRINGING 62.42 ACRES OF LAND INTO THE CITY OF LAKE ELSINORE BOUNDARIES, LOCATED SOUTH OF LITTLE VALLEY ROAD, NORTH AND SOUTH OF SCENIC CREST DRIVE, WEST OF GREENWALD AVENUE AND EAST OF GRASSY MEADOW DRIVE, CONTIGUOUS TO THE NORTHEASTERLY BOUNARY OF THE CITY OF LAKE ELSINORE. r-- WHEREAS, TSG Little Valley has submitted an application with the City of Lake Elsinore to change the City's official zoning map to "Ramsgate SP" and "R-E Estate Single Family Residential, 1/2 acre minimum lot size for the Assessor's Parcel Nos. 349-240-043 thru -047; 349-240-050 and - 051; 349-240-054 thru -058; 349-380-024 and -025 (the "Properties"); and WHEREAS, the pre-zoning designations conform to and are consistent with the proposed General Plan Amendment No. 2006-05 for the Properties; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on September 5, 2006, made its report upon the desirability of the proposed project and made its recommendations in favor of Pre-Annexation Zone Change No. 2006-05 by adopting Planning Commission Resolution No. 2006-90 recommending to the City Council approval of the Pre-Annexation Zone Change No. 2006-05; and WHEREAS, public notice of the 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 26, 2006. ,.- AGENDA ITEM NO. ;L\ PAGE~ OF 1L CITY COUNCIL ORDINANCE NO. PAGE20F4 THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE "-" DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has considered the proposed pre- zoning prior to making its decision. The City Council adopts Mitigated Negative Declaration No. 2006-04 prepared for this project as adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project. SECTION 2. That in accordance with State Planning and Zoning law and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Pre-Annexation Zone Change No. 2006-05 : 1. The proposed zone change will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed zone change or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. "-" a. The proposed zone change has been analyzed relative to its potential to have detrimental effects. It has been determined that the health, safety and welfare of surrounding residents may be improved as a result of future improvements to infrastructure such as water, sewer, paving and drainage facilities brought to the site as a requirement for any future development. The proposed "Ramsgate SP" zoning will ensure that development standards and design guidelines of the specific plan will be consistently applied throughout the site. b. The proposed "R-E Estate Single Family Residential, % acre minimum lot size" zoning will enable existing land uses to continue on the four (4) outlying parcels that exist today in the County, including the keeping of horses. 2. The proposed zone change will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. ,...." AGENDA ITEM NO. c7-\ PAG~OFti CITY COUNCIL ORDINANCE NO. PAGE30F4 I"""" a. The proposed zoning of "Ramsgate SP" will allow for the continuation of the single family residential neighborhood already approved across Scenic Crest Drive in Tentative Tract Map No. 25475 Revision No.1. 3. The proposed zone change would establish a land use density and usage more in character with the subject property's location, access, and constraints. a. The zone change proposes a boundary adjustment to allow for a seamless integration of the property with the adjacent Ramsgate Specific Plan. b. The zone change allows for the development of the site in accordance with proposed Tentative Tract Map No. 33725, which provides primary and secondary accessfor both TTM 33725 and 25475. SECTION 3. This Ordinance shall take effect thirty (30) days after ,r-, 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 26th day of September, 2006 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day of October, 2006, upon the following roll call vote: /'"" AGENDA ITEM NO. c2\ PAGEla OF U CITY COUNCIL ORDINANCE NO. PAGE40F4 ......., AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: ......, Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) "" AGENDA ITEM NO. .;L\ PAG~OFU " I j'-. <:\.1 i:f:) <:\.1 (1) C> C C .c 0 (1) c 0 Nlt) cO 0..0 /'"'"" +=0 ~O (1)N C . ~~ >- ..! ~ (1) :t: Lw :::i <: ""C -..J eJ J..::: ~ gs Cl ~- eE- ::JO ~E~"i" (l)C(I).!:! -'00 'O>Eiiio .6-(1)- cn.2a::E .!(I)O::J ,EO:;.E 00a::C w ~- O~ E /*"' -C :;::-::J(I) COO ... 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Q: ... .., if >( 89-0l-l-6tf Nd'l !;{,-Otl-6tf Nd'I I='ti-ll RIT D' . .._-~ z "'~~ ooolJl;;; - ~l!.!&j I- ~"'... ~ ~ IDi~ ~ o I""~i!t~ ~ (I) ~~~ l:f ILl ~"'~ 3 Q ",!l1U; ..;1 '" .... ~iI!e~ ; ~ ~~~I ~ ILl h!~ ~ .... ""8,,,1Il e ~>- 12 i~1 ~ l:. 0 ;~;! i ~ Q ~ ~ Z ILl I ~ CJ ILl .... Is Ji~1 Ill;: 3 .lh ~.i'a f!!I z_ ~j 1/)- ~I <:1- ~I ~J -'- if ~ Po fi P.vEN0;~ nUll NO, J. \ PACE dl5 OF 11 ORDINANCE NO.l.l9-':> ......, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2006-07 CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE, LOCATED SOUTH OF SCENIC CREST DRIVE, WEST OF GREENWALD AVENUE AND EAST OF GRASSY MEADOW DRIVE, AND KNOWN AS ASSESSOR'S PARCEL NO. 349-240- 006. WHEREAS, TSG Little Valley has submitted an application with the City of Lake Elsinore to change the City's official zoning map to "Ramsgate SP" for Assessor's Parcel No. 349-240-006 (the "Property"); and WHEREAS, the zone change designation conforms to and is consistent with the proposed General Plan Amendment No. 2006-05 that covers the Property; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on September 5, 2006, made its report upon the desirability of the proposed project and made its recommendations in favor of Zone Change No. 2006-07 by adopting Planning Commission Resolution No. 2006-91 recommending to the City Council approval of Zone Change No. 2006-07; 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 26, 2006. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has considered the proposed zoning prior to making its decision. The City Council adopts Mitigated Negative Declaration No. 2006-04 prepared for this project as adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project. ....., AGENDA ITEM NO. c21 PAGE~OFll r-- CITY COUNCIL ORDINANCE NO. PAGE 20F4 SECTION 2. That in accordance with State Planning and Zoning law and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Zone Change No. 2006-07: 1. The proposed zone change will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed zone change or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. r' a. The proposed zone change has been analyzed relative to its potential to have detrimental effects. It has been determined that the health, safety and welfare of surrounding residents may be improved as a result of future improvements to infrastructure such as water, sewer, paving and drainage facilities brought to the site as a requirement for any future development. The proposed "Ramsgate SP" zoning will ensure that development standards and design guidelines of the specific plan will be consistently applied throughout the site. 2. The proposed zone change will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. a. The proposed zoning of "Ramsgate SP" will allow for the continuation of the single family residential neighborhood already approved in Tentative Tract Map No. 25475 Revision No.1 that lies to the west. 3. The proposed zone change would establish a land use density and usage more in character with the Property's location, access, and constraints. a. The zone change proposes a boundary adjustment to allow for a seamless integration of the Property with the adjacent proposed Ramsgate Specific Plan. r-- AGENDA ITEM NO. J \ PAGE40FU CITY COUNCIL ORDINANCE NO. PAGE 30F4 ....."" SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this 26th day of September, 2006 by the following roll call vote: A YES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: '-' PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day of October, 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore '-' AGENDA ITEM NO. J-l PAGE~OF~ ~ r' ,...... CITY COUNCIL ORDINANCE NO. PAGE 40F4 ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) AGENDA ITEM NO. ell PAGEt2!L OF P- Little Valley Zor'e Change No. 2006~ 07 + -.....tfI L...........__.._.._. ~ -_.__._~----,_..,...._-----,---,.__._-_..~.--_.,-.-- ====.=====~.=::=:=:=.=-:::==-~.==:=:..=:==:~/.iiiE-w.H~Y- ROAf}~=::::::-:::"~='-:::===l-:===-=--=:::====:==:====-.=. ...-.-.-.-.------.--.-.- if'r) 'I~ I ~ r ~ i , i f a i a ~ !~ ~ i f'r) I I I 0) : 0) ~ i~ f'r) . ! f'r) APN 349-240-54-56 i < !~< I Cl i i Cl L__..:sI:____._...____.._____.___.....1__-i-..:5r___.__.______.__...----- I ~ : i l{) I ~ i I ~ I I ! I I j a !::!J: a I ~ -, ~ i ~ 4E1 f'r) ! , 4==l1 I I I 0) i 0) RIVERSIDE COUNTY ! ~ ~ I ~ . ~ i 18: ~!8: --------SGENIG-6REST-EJRI-VE----- N89"3(ftf.8"c-----.-f.._.:3:--.N8rJJO"'Lf-8"E-----' r-.:5r-.--- ---.----------.- LAKE ELSINORE ~ N I o 100 200 ~ GRAPHICAL SCALf SCALE: 1" = 200' ~l51 ~~ RI'tERSlDE Sf ~ SEe. 28 SCENlCCRESfDR LAKE ELSINORE .....;. --'," ,.,,-'...., klt.i.L. 2r~ ..... *APN .349-240-006 iLl;r.~...~.....i.;..;..'f; _... S::Q'~ , ' , " '.........' ----- ............ .......... 662.7' ............. ~kJl a ~ G. N") blcti p~ a ~I ~ -.....tfI From Rural Residential (2 acre minimum lot size) to Ramsgate Specific Plan LEGAL DESCRIPTION A PORnON OF THE UNINCORPORATED AREA OF THE COUNTY OF RIVERSIDE. LYING IN PORTIONS OF SEcnON 27 AND 28, TOWNSHIP 5 SOUTH, RANGE 4 Kf"ST, SAN BERNADINO BASE AND MERIDIAN. TOTAL AREA = 4.99 ACRES. MORE OR LESS RI'tERSlOF: COUNTY LEGEND XXXXXXXX EXISTING CITY UMITS - - - INDICA TES ZONE CHANGE ~ BOUNDARY / PROPERTY BOUNDARY ~ NET AREAS SITE VICINITY MAP c:XH IBIT . NO SCALE ~ v PROJECT DESIGN CONSULTANTS 701 B S1r1I8l. Suite 800 San~ CA92101 619.235.8471 Tel 619.234.0349 FIX Plarming I Landscape ArchitectUre I Envlronmerrtall Engineering I Survey \E/ . ..- ol..\ OF 7t AGENDA ITEM NO. PAGE .g 0 r' ORDINANCE NO.lN] AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RAMSGATE SPECIFIC PLAN NO. 89-1 FIFTH REVISION, LOCATED APPROXIMATELY ONE MILE EAST OF INTERESTATE 15, SOUTH OF IDGHWAY 74, AND WEST OF GREENWALD AVENUE. WHEREAS, The Shopoff Group filed an application with the City of Lake Elsinore to amend the Ramsgate Specific Plan No. 89-1; and ,.-.. WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on September 5, 2006, made its report upon the desirability of the proposed project and made its recommendations in favor of Ramsgate Specific Plan No. 89-1 Fifth Revision by adopting Planning Commission Resolution No. 2006-92 recommending to the City Council approval of Ramsgate Specific Plan No. 89-1 Fifth Revision; and WHEREAS, public notice of the 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 26, 2006. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has considered the proposed specific plan amendment prior to making its decision. The City Council adopts Mitigated Negative Declaration No. 2006-04 prepared for this project as adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project. /"""', SECTION 2. That in accordance with State Planning and Zoning law and Chapter 17.99 (Specific Plan District) of the Lake Elsinore Municipal Code, the City Council makes the following findings for approval of the Ramsgate Specific Plan No. 89-1 Fifth Revision: AGENDA ITEM NO. 02-\ PAGE.JLOF~ CITY COUNCIL ORDINANCE NO. PAGE20F5 1. The location and design of the proposed development is consistent with the goals and policies of the City's General Plan and with any other applicable plan or policies adopted by the City, or in the process of being prepared and adopted. ......, a. The General Plan supports the development of the Ramsgate Specific Plan. The Fifth Revision adds acreage to the General Plan that is contiguous to its eastern boundary, and supplements Planning Area 6, which lost three-fourths of its original acreage to open space preservation. The Fifth Revision has been reviewed and conditioned to enhance and update the Ramsgate Specific Plan Fourth Revision. b. The Fifth Revision has been designed to support the objectives of the Multi-Species Habitat Conservation Plan adopted by the City, by preserving habitat areas identified in the Conservation Plan. c. The Fifth Revision has been presented to the General Plan Advisory Committee. charged with the preparation of the Draft General Plan Update, and received a favorable response. ......, 2. The proposed location allows the development to be well-integrated with or adequately buffered from its surroundings, whichever may be the case. a. The Fifth Revision provides for the development of low-medium density residential, as an extension of the single family detached residential neighborhoods within Planning Area 6. In so doing, both Planning Areas 6 and 10 have primary and secondary access from Greenwald Avenue. b. The Fifth Revision increases the single family neighborhood on the eastern portion of the Plan, in both size and amenities, providing an aggregate three acres of parks, and compensating for the loss of acreage in this portion of the Plan to the preservation of open space. 3. All vehicular traffic generated by the development, either in phased increments or at full build-out, is to be accommodated safely and without causing undue congestion upon adjoining streets. ......, AGENDA ITEM NO. .2\ PAGEJA OF1-K- CITY COUNCIL ORDINANCE NO. _ PAGE30F5 ~ a. A Traffic Impact Analysis (TIA) was prepared by Urban Crossroads in October 2005, which determined that the proposed project will generate 2,211 trip-ends daily with 173 in the a.m. peak period and 233 in the p.m. peak period. The TIA identified that traffic from the project will use Scenic Crest Drive and Greenwald Avenue. As a secondary highway, Greenwald has the capacity for 35,000 vehicle trips. The project will not cause this capacity to be exceeded. b. The City of Lake Elsinore General Plan states that the objective of the City is to "strive to maintain a minimum Level of Service 'c' at all intersections during non-peak hours and Level of Service (LOS) 'D' at all intersections during peak hours to ensure that traffic delays are kept to a minimum. " With the incorporation of mitigation measures in the Mitigation Monitoring and Reporting Program, the project will meet LOS 'D' objective, except for the intersection of River Road at State Route 74 in the County. 4. The Final Specific Plan shall identify a methodology to allow land uses ~, to be adequately serviced by existing or proposed public facilities and servIces. a. The Fifth Revision has been reviewed and conditioned to provide adequate public services for the site. b. The Fifth Revision provides recreational amenities, pedestrian pathways, and open space for residents in the low-medium density residential development. 5. The overall design of the Specific Plan shall produce an attractive, efficient and stable development. The proposed Revision will allow the construction of a more substantial and complete single family neighborhood in the eastern portion of the Plan, with parks and amenities and primary and secondary access to Greenwald Avenue. 6. In accordance with the requirements of the California Environmental ~ Quality Act (CEQA), impacts have been reduced to a level of non- AGENDA ITEM NO. 2\ PAG~OF1R CITY COUNCIL ORDINANCE NO. PAGE40F5 significance through adoption of mitigation measures and conditions of ""-' approval. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this 26th day of September, 2006 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ""-' PASSED, APPROVED AND ADOPTED UPON SECOND READING this 1 oth day of October, 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ....,; AGENDA ITE!vI~O. oZ\ PAGF4!t OF7i- ,.-. /""" ,-... CITY COUNCIL ORDINANCE NO. PAGE 5 OF 5 ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) AGENDA ITEM NO. -a\ PAGEQSOFfK CONDITIONS OF APPROVAL FOR RAMS GATE SPECIFIC PLAN NO. 89-1 FIFTH REVISION LOCATED APPROXIMATELY ONE MILE EAST OF INTERESTATE 15. SOUTH OF HIGHWAY 74 AND WEST OF GREENWALD AVENUE '-II' PLANNING DIVISION 1. The applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto. 2. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this specific plan amendment 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 $1 ,314.00 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. 3. The applicant shall comply with the Mitigation Monitoring Program (MMP) adopted for this project, as printed with Mitigated Negative Declaration No. 2006-04. '-II' 4. The applicant shall fund the implementation of the MMP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 5. The SPA shall comply with the terms of the Development Agreement and its Operating Memorandums of Understanding by and between the City of Lake Elsinore and the applicant. 6. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of approval. 7. The applicant shall submit 15 final revised copies upon approval of Rams gate Specific Plan No. 89-1 Fifth Revision if necessary to complete the processing of this application. (End of Conditions) AGENDA ITEM NO. Q.,' P AGE& OF """$I ,...", I"""'" RESOLUTION NO. 2006-J5j A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, COMMENCING PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO. 76 INTO THE CORPORATE BOUNDARIES OF THE CITY OF LAKE ELSINORE LOCATED SOUTH OF LITTLE VALLEY ROAD, NORTH OF SCENIC CREST DRIVE, WEST OF GREENWALD, AND EAST OF GRASSY MEADOW DRIVE. WHEREAS, The Shopoff Group has filed an application with the City of Lake Elsinore to annex approximately 62.42 acres of land that fall within the City of Lake Elsinore's Sphere of Influence, into the corporate boundaries of the City of Lake Elsinore, and such property is known as assessor's parcel nos. 349-240-043 thru -047, 349-240-050 and -051, 349- 240-054 thru -058, and 349-380-024 and -025; and ,....... WHEREAS, this proposal is made pursuant to the Cortese-Knox- Hertzberg Local Government Reorganization Act of 2000 (Government Code ~~ 56000 et seq.: the "Cortese Knox Act"); and WHEREAS, the Shopoff Group has initiated Pre-Annexation Zone Change No. 2006-05; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on September 5, 2006, made its report upon the desirability of the proposed project and made its recommendations in favor of Annexation No. 76 by adopting Planning Commission Resolution No. 2006-93 recommending to the City Council approval of Annexation No. 76; and WHEREAS, public notice of the 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 26,2006. ,....... AGENDA ITEM NO. c;t\ PAG~OFJX CITY COUNCIL RESOLUTION NO. 2006- PAGE20F3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ......", LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed annexation prior to making its decision. The City Council adopts Mitigated Negative Declaration No. 2006-04 prepared for this project as adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project. SECTION 2. That in accordance with Cortese Knox Act, State Planning and Zoning law, and the Lake Elsinore Municipal Code, the City . Council makes the following findings for the approval of Annexation No. 76: 1. The proposed annexation area is contiguous to the City of Lake Elsinore, is within the City of Lake Elsinore Sphere of Influence, and will not create pockets or islands. The proposed annexation area borders the City of Lake Elsinore, is within the City of Lake Elsinore's Sphere of Influence and is adjacent to the area identified as the Canyon Hills Specific Plan area. The project proposes reasonable extension of the city boundary area in that the annexation of the proposed parcels will not create any pockets or islands. 2. The proposed annexation will not result in any adverse significant impacts on the environment. The project will not have a significant effect on the environment and is consistent with the City's adopted General Plan. 3. The proposed annexation will eliminate an existing undesired pocket of the county area and will assist in the efficient provision of governmental services. The proposed annexation consists of the removal of 62.42 acres of land from the County of Riverside's jurisdiction and placement of the same into the city limits of Lake Elsinore. The annexation area borders the City of Lake Elsinore and is adjacent to the area identified as the Canyon Hills Specific Plan area. ,...." ,...." AGENDA ITEM NO. ~\ P AGEJ% OF 12 CITY COUNCIL RESOLUTION NO. 2006- PAGE 3 OF 3 /"""" SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this twenty-sixth day of September, 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: /'""" Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) /"" AGENDA ITEM NO. ~, PAGE..11 OF $I CONDITIONS OF APPROVAL FOR LITTLE VALLEY ANNEXATION NO. 76. GENERAL PLAN AMENDMENT NO. 2006-05. PRE-ANNEXATION ZONE CHANGE NO. 2006-05 ~ PLANNING DIVISION 1. The applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto. 2. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this specific plan amendment by the City Council. The applicant shall forward to the Planning Department seGretary, 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. 3. The applicant shall comply with the Mitigation Monitoring Program (MMP) adopted for this project, as printed with Mitigated Negative Declaration No. 2006-04. """" 4. The applicant shall fund the implementation of the MMP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 5. The annexation shall comply with the requirements contained in the Cortese- Knox-Herzberg Local Government Reorganization Act of 2000 (Government Code Sections 56000-56001) and the standards and policies established by the Riverside Local Agency Formation Commission (LAFCO). 6. All entitlements contained herein are subject to the completion and approval of the annexation. Page I of2 AGENDA ITEM. NO. 2\ PAGE~OF $1 """" r-- ;--. ,........ CONDITIONS OF APPROVAL FOR LITTLE VALLEY ANNEXATION NO. 76. GENERAL PLAN AMENDMENT NO. 2006-05. PRE-ANNEXATION ZONE CHANGE NO. 2006-05 7. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of approval. (End of Conditions) Page 2 of2 AGENDA ITEM NO. [). \ PAGEilOF~ EXHIBIT "A" _______________________________.~~ORGANIZA llON TO INCLUDE ANNEXATION _ TO THE CITY OF LAKE ELSINORE AND DETACHMENT FROM THE COUNTY OF RIVERSIDE LArco 2006- _ _ VICINITY MAP NO SCALf I[~~JCJ !:i ~ ~ i S E ~HEE~ ~ r SEE SHEET 3 SCOIC T 5CCNIC I~ ) INDEX MAP J I v PROJECT DESIGN CONSULTANTS NO SCALE Planning I Landscape Architecture t EnWonm&ntall Engineering I Survey 701 B S1reet. Suite 800 S8n Di890. CA 92101 619.235.6471 Tel 619.234.0349Fex P'\3212'SUliVEY _BNDRY\SURV(Y-D.....t\.32IZ AlVill'X plotOl.d1l'Q lIJO/ZOO6 3':''1'3~ PM PST ___XHIBIT '6' ft /1 .3 ~ ....., LEGAL DESCRIPTION A PO/WON OF TI1f' UNlNCtJRPa/Arro AREA OF .1IIC COONTY OF IllVERSI{)[, ll1NC " Pa11lCNS IJf"SCCT/ON 27 AN/) 2!\ mllNSIIIP 5 SOOTH. RANce. 1lE'ST. SAN BfRNAOINO 8ASC AiID IICR/DIN'I. mTAl AMA . 62.42 ACRES, 1I0Rf OR lESS LEGEND .L:LL/-LLLLL... CXJsrwG CITY UWTS P.o.8. INCVCAlfS PQNT (F 8WNNINc - - - IN!NCATrS SllfCT lh./ITS fNOfCA TrS N'lN(XA T10N BOUNDARY ....., ~ PREPARED 8Y /olE OR UNDER NY OIRfCT SVPfRllSICW F'ROIJ HfCORO IHFMUA'TOJ CWL Y. NO f1CU) $Lfl\€Y HAS 8W/ CONOUCTED TO VEI/1fY ANY RfCCY/f) /J/FCJRjjATlON. B. scorT (OKJNS P.cS. 7696 RfClST/?AT/ON fXPfRfS 12/JI/OE SHEET I OF J ....., AGENDA ITEM NO. PAGE .If~ OF Ot\ '11' ~ ~ , ~ ;; DN '''-m-~ Q: _ ~' RICK AND LOf?! CJ ~ KUFFNER ~ ex:> :s:: ~ '" DOC. NO. 404529, c:i 'f () - i RECORDED 11/20/91 '" ~ r-.. I "'''' '-.I o I "C '" '" lw L ~~ ~ c., "'_____.______ ~\~ ~ ~ r. ~nW" ... ~ ;g >-,APN 349-240-57 ~ ~ PARCEL 1 I PM 13312 "-.. rANNEXATlON NO. 19 ~ i . .'189'41 '57'E 658.42' JORCHE?!.fR LANE .rr " ------r r '" ..,: -') <0 APN 349-240-48, 49, 59-62 APN 349~240-5~ 53 APN 349-240-51 KENNETH AND BRENDA CRONCE CJ "'::( () Q:: P ARCa 2 PM 8478 POR. PARCEL PM 8478 DOC. NO. .L..J ;:'';;'z''''':},./O< ~ LI TTLE VAL L E Y ROAD J "- '-- 2022.49' ("- ",,,,, , ---~ POR. PARCEL 4 ~ PM 8478.... APN 349~240-45-47 SCENIC CREST DRJ .1J29.S8" ' -. ~-- ANNEXA TlON NO. 27 -~ .--- i-I +- -- --J Gj 0::: ~ APN 349-240-43, 44, 54-56 POR. PARCEL J PM 8478 GRAPHIC SCALE P.O_B. 2~_~OO ( IN FEET ) 1 inch = 200 ft. i PARCEL 2 2658 94' +- SHEfT 2 OF J EXHIBIT f7 '61 . ~'Zg AGENDA ITEM NO, J., I PAGE 43 DF 11 II I! II~ 'f"",a 'Q:: I i I '- --,- III~ ~ Q:' C:l LITTLE VALLEY ROAD APN 349-240-48, 49. 59-62 SCENIC CR ST DRIVE -'-'------------T?5rK-----'--~------ '-'-'15"-----" --+ N89 '30'48 "[ 26~ GRAPHIC SCALE ANNEXA Tlo.N NO. 52 PAF'CfL 2 PM 8478 r __--+ I-J 'cj r' Q:: '-I ~ I II I! , I Ii N89'36'2S"E APN 349-240.-54-56 Po.R, PARCEL 3 PM 8478 ----------- PM 14066 20.22.49' LO A APN 349-240.-43 ~ PARCEL 1 ~ '" PM 1780.8 (j APN 349-240.-441 PARCEL 2 ~I PM 1780.8 (31 j I '~ ~;~~:\:SUiivi:;Y~3NDRnSUR\!n-[!wG'\3?1i? AMF)< O,...1:OI,d"'g 1/30/;-006 3,59>35 PM PST ( IN FEET ) 1 Inch = 200 It. \& I EXHIBIT fJ'3 ~ o~ ....., , -- . ~~.-~lrnrJ.. APN 349-380.-24 ,II !(/~ 'IN PARCH 1 I --'> PM 845J j/IL1"C IlL N89'4J'IS"{ 'l\ 8S2.2J"~ (t::::J' n APN 349-3B~~~: I' I ~ ~~ELI I!~/~ ~ .'"~:~..--;",-4 ;~ APN 349-380-25 t~:[:;AiD PARCEL I A\1' I.A[JfI.[D I "NOT A PM 80.70. ! PART" \' ~~'Il~J.j 'f._~~~= """ LGT C ~-" '00 I 5 . ANNEXA Tlo.N NO.. 52 ~ / "----~ .;\ ~ SHEET J OF J ~ ......., AGENDA ITEM NO. ~ \ PAGE ~/f' OF 7! I""'" RESOLUTION NO. 2006- ISCJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 33725, A SUBDIVISION OF 221 SINGLE FAMILY RESIDENTIAL LOTS AND FIVE (5) WATER QUALITY BASINS, AND TWENTY-FIVE (25) OPEN SPACE LOTS, ON APPROXIMATELY 52.7+ ACRES. WHEREAS, The Shopoff Group has filed an application with the City of Lake Elsinore to subdivide approximately 52.7+ acres of unimproved property into 221 residential lots, five (5) water quality basins and twenty-five (25) open space lots; and /"""' WHEREAS, the property is located south of Little V alley Road, west of Greenwald Avenue, east of Grassy Meadow Drive, and north and south of Scenic Crest Drive, and known as assessor's parcel nos. 349-240-006, -043 thru -047, and -054 thru -056; 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 26, 2006. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed Tentative Tract Map No. 33725 prior to making its decision to approve the proposal to subdivide approximately 52.7 + acres into 221 residential lots, five (5) water quality basins, and twenty-five (25) open space lots. ".-... SECTION 2. That in accordance with the California Subdivision Map Act (CaI. Gov. Code ~~ 66000 et seq.) and the City of Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Tentative Tract Map No. 33725: AGENDA ITE~ NO. d- \ PAGE !t:2.. OF ---Zi' CITY COUNCIL RESOLUTION NO. 2006- PAGE20F4 TENTATIVE TRACT MAP FINDINGS: '~ 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 proposed subdivision and density of 4.19 dwelling units per acre are consistent with the proposed Ramsgate Specific Plan Fifth Revision ("Fifth Revision ''), and therefore with the General Plan because the Ramsgate Specific Plan has been found to be consistent with the General Plan. The Fifth Revision provides a balanced mix ofhousing types and densities within the Plan. b. The project proposes single family residential lots ranging in size from 5,000 square feet to 16,312 square feet, with an average lot size of 6,170 square feet, which .is consistent with the proposed Ramsgate SP. ....., 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 project density and design is compatible with approved Tentative Tract Map No. 25475 Revision No.1 in the Ramsgate SP to the southwest, and with Tentative Tract Map No. 31370 in the North Tuscany Hills Specific Plan to the southeast. b. The map provides open space areas that protect the natural topography and views. 3. The effects that this project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. a. The project is consistent with proposed General Plan Amendment No. 2006-05 (GP A). During the approval of the GP A, housing needs, ...", AGENDA ITEM NO. ~\ PAGE~ OF-2i CITY COUNCIL RESOLUTION NO. 2006- PAGE 3 OF 4 /""'. public services and fiscal resources are scrutinized to achieve a balance within the City. b. The map has been conditioned to 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. 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-ol-way landscaped areas to be maintained by the City, and for street lights in the public right-ol-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. d. The map has been conditioned to form a Mello-Roos Community Facilities District to fund the on-going operation and maintenance of new parks, parkways, open space and public storm drains constructed ".- within the development, andfederal NPDES permit. 4. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. a. Tentative Tract Map No. 33725 is conditioned to comply with all development standards of the Ramsgate Specific Plan Fifth Revision. These standards have been prepared and reviewed to benefit the public health, safety and welfare. 5. The design of the proposed division of land or 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 the design of Tentative Tract Map No. 33725. /""" b. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied to the project. AGENDA ITEM NO. d::.. \ PAGE':L!L OF -II CITY COUNCIL RESOLUTION NO. 2006- PAGE 4 OF 4 SECTION 3. This Resolution shall take effect from and after the '-' date of its passage and adoption. PASSED, APPROVED AND ADOPTED this twenty-sixth day of September, 2006, by the following vote: A YES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: '-'" Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore ...., AGENDA ITEM NO. ~I P AGE'il. OF 7S- CONDITIONS OF APPROVAL FOR /'" TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots, 5 water basins and 25 open space lots. on APNs 349-240-006; 349-240-043 thID -047: 349-240-054 thID -056; 349-380-024 and -025. PLANNING DIVISION 1. Tentative Tract Map No. 33725 will expire with the expiration of the applicable Development Agreement for Ramsgate and its accompanying Operating Memorandum(s) of Understanding, 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. 2. Tentative Tract Map No. 33725 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. The applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and/or agents from any claim, action, or proceeding against" the City, its officials, officers, employees, or agents concerning the project attached hereto. I""'"" 4. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this map by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $1,314.00 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. 5. The applicant shall provide to the Community Development Director within 30 days of approval, a final approved version of the project in digitized format. 6. The applicant shall comply with the Mitigation Monitoring and Reporting Program (MMRP) adopted for this project, as printed with Mitigated Negative Declaration No. 2006-04 for Ramsgate Specific Plan No. 89-1 Fifth Revision, unless superceded by these Conditions. 7. The applicant shall fund the implementation of the MMRP through every I""'"" Page 10ft? AGENDA ITEM NO. ;2.\ PAGE~OF$ CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots. 5 water basins and 25 open space lots, '-'" on APNs 349-240-006: 349-240-043 thru -047; 349-240-054 thru -056: 349-380-024 and -025. stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 8. This map must comply with the Development Standards and Design Guidelines approved with the Ramsgate Specific Plan No. 89-1 Fifth Revision (SP). Construction of the property is subject to all the Conditions of Approval of the SP unless superceded by these conditions. a. All lots shall comply with the minimum standards contained in the residential Development Regulations contained in the SP, including lot frontage minimums and comer lot requirements. b. Where the SP is silent, Title 16 and 17 of the Lake Elsinore Municipal Code shall apply. 9. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the tentative map approval by the City Council. '-'" PRIOR TO FINAL TRACT MAP: 1 O. The applicant shall comply with the requirements of the Riverside County Fire Department as specified in the Department transmittal dated March 8, 2006, attached. 11. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 12. The applicant's engineer shall coordinate the design of Scenic Crest Drive with development of Tentative Tract Map No. 31370 at the direction of the City Engineer. Page 2 of 17 AGENDA ITEM NO. J... \ PAGE~OFft '-'" CONDITIONS OF APPROVAL FOR r" TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots, 5 water basins and 25 open space lots, on APNs 349-240-006: 349-240-043 thm -047; 349-240-054 thm -056; 349-380-024 and -025. 13. The applicant shall identify and design a trail access from Scenic Crest Drive to th~ Open Space Wildlife Corridor, that includes dimensions, type of materials used, and conceptual interpretive signage to be installed. 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. r' 16. 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&Rs). The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. The HOA shall maintain or coordinate with an appropriate agency approved by the Community Development Director, for such maintenance. a. In the event that the Homeowners' Association fails to meet its responsibilities with regards to the maintenance of open space areas, the Lighting, Landscaping and Maintenance District shall automatically provide such maintenance and assess the HOA for such service. 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. d. The developer shall provide landscaped areas on both sides of any access roadways within the tract, and the landscaped areas shall be maintained by the HOA. ~ Page 3 of 17 AGENDA ITEM NO. ~ PAGE 5/ OF--7ff CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots, 5 water basins and 25 open space lots. ......, on APNs 349-240-006: 349-240-043 thru -047; 349-240-054 thru -056; 349-380-024 and -025. 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. 18. The Final Map shall identify downslopes adjacent to streets as open space lots maintained by the HOA or as HOA Maintenance Easements. These HOA Maintenance Easements shall be planted, irrigated and maintained by the HOA. PRIOR TO GRADING AND BUILDING PERMITS: 19. Thirty days prior to issuance of a grading permit, the applicant shall submit to the Community Development Department a burrowing owl survey for review and acceptance by the City. 20. 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. ~ 21. Upon violation by the applicant of the City's Noise Ordinance or the Condition of Approval immediately previous, 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 related Condition of Approval. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 22. Prior to the issuance of a building permit, the applicant shall pay the City's Multi-Species Habitat Conservation Plan Local Development Mitigation Fee in effect at that time. Page 4 of 17 AGENDA ITEM NO. Ol\ PAGE~F -7%- "'" CONDITIONS OF APPROVAL FOR r" TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots. 5 water basins and 25 open space lots, on APNs 349-240-006: 349-240-043 thru -047; 349-240-054 thru -056; 349-380-024 and -025. 23. The Ramsgate SP project area is not within a Redevelopment Agency designated area. 24. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 50, wherein the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. 25. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD). 26. All storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. /"" a. The homeowners' association shall maintain water quality basins, landscaping, and open space drainage. 27. The developer shall submit plans to the electric utility company to layout the street lighting system. The cost of street lighting, installation, and energy charges shall be the responsibility of the developer and/or the Association until streets are accepted by the City. Said plans shall be approved by the City and installed in accordance with City Standards. 28. The applicant shall meet all requirements of the providing electric utility company. 29. The applicant shall meet all requirements of the providing gas utility company. 30. The applicant shall meet all requirements of the providing telephone utility company. r-- Page 5 of 17 AGENDA ITEM NO. :1.. \ PAGE s:.2.. OF 1 f CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots, 5 water basins and 25 open space lots, "'-'" on APNs 349-240-006: 349-240-043 thm -047: 349-240-054 thm -056; 349-380-024 and -025. 31. A bond is required guaranteeing the removal of all trailers used during construction. 32. All signage shall be subject to Planning Division review and approval prior to installation. 33. Landscape Plans for the tract shall include vegetative screening of retention basins and both sides of service roads and drainage easements. 34. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations. will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. ....." PRIOR TO DESIGN REVIEW: 35. All future structural development associated with this map requires separate Design Review approval. 36. Elevation drawings for Design Review shall include four-sided architectural features for both the first and second story. The applicant may submit to the Community Development Director or his designee, for review and approval, evidence that a particular elevation is hidden from public view and not visible due to elevation changes. In those instances, to be determined by the Community Development Director or his designee on a case-by-case basis, this condition may be waived. 37. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer prior to the issuance of a Page 6 of 17 AGENDA 15~0. .2\ PAGE OF~ '-" CONDITIONS OF APPROVAL FOR ,..... TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots. 5 water basins and 25 open space lots, on APNs 349-240-006: 349-240-043 thru -047; 349-240-054 thru -056; 349-380-024 and -025. Certificate of Occupancy. 38. Downslopes adjacent to streets shall be maintained by the HOA. 39. A detailed fencing plan shall be required for review and approval during the Design Review process. a. The applicant shall install walls and fencing along the perimeter of the subdivision in accordance with the approved Design Guidelines for the Ramsgate Specific Plan. . b. Where views to open space are important, the applicant shall provide the appropriate view fencing. 40. A detailed phasing plan shall be required for review and approval during the Design Review process. ,..... a. Construction phasing plans shall include the location of construction fencing for each phase. b. Construction phasing plans shall indicate primary and secondary access and the location of all utilities for each phase. c. Construction phasing plans shall be designed to avoid construction traffic from entering occupied neighborhoods to the greatest extent possible. For safety purposes construction phasing plans shall also be designed such that new residents can avoid traveling through construction areas. 41. Primary and secondary access roads for each phase as identified on the map "Fire Access Table" shall be fully constructed and open to the public prior to the issuance of the Certificates of Occupancy for each phase of the tract. ,..... Page 7 of 17 AGENDA ITEM NO. J \ PAGE.5"5 OF~ CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots. 5 water basins and 25 open space lots, ......." on APNs 349-240-006; 349-240-043 thm ~47; 349-240-054 thm ~56; 349-380-024 and ~25. ENGINEERING DIVISION General Requirements: 1. Annexation process shall be completed in order for the City to have regulatory jurisdiction of this project. 2. 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. 3.. 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. """ 4. 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. 5. This project shall comply with the recommendations of the traffic study prepared by Urban Crossroads dated October 24, 2005. 6. Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. 7. An Encroachment Permit shall be obtained prior to any work on City right-of- way. 8. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property Page 8 of 17 AGENDA ITEM NO. J-\ PAGE~OF -7%- ......." CONDITIONS OF APPROVAL FOR ,- TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots. 5 water basins and 25 open space lots. on APNs 349-240-006: 349-240-043 thru -047; 349-240-054 thru -056; 349-380-024 and -025. owner or his agent. Overhead utilities shall be undergrounded. 9. 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. 10.Applicant shall obtain any necessary County permits and meet all County requirements for any work within County right-of-way. 11. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. I2.Provide fire protection facilities as required in writing by Riverside County Fire. The fuel modification zone shall be maintained by a homeowner's association or other private entity approved by the City. r' I3.Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP,TIF and area drainage fees. 14.10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities shall be provided. I5.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. I6.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Y2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 17. Up-slope maintenance along right-of-ways shall be maintained by a homeowner's association or other private entity approved by the City. ,.,,-, Page 9 of ] 7 AGENDA ITEM NO. c2\ PAGE2l-0F~ CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots, 5 water basins and 25 open space lots, ....., on APNs 349-240-006; 349-240-043 thru -{}47; 349-240-054 thru -{}56; 349-380-024 and -{}25. I8.All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way shall be owned and maintained by homeowner's association or other private entity approved by the City. I9.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. 20.Some of the improvements shown on the Map and/or required by these conditions are located in the County of Riverside and/or private property. The developer shall be responsible for obtaining County and/or private permits and approvals needed to complete the required offsite improvements. ....., 21.0n-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 22.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 23.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 24.Applicant shall comply with all NPDES requirements in effect; including the submittal of an Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should Page 10 of 17 AGENDA ITE~NO. cl\ PAGE$. OF~ ......" CONDITIONS OF APPROVAL FOR r". TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots, 5 water basins and 25 open space lots, on APNs 349-240-006: 349-240-043 mID -047; 349-240-054 mID -056; 349-380-024 and -025. be during the initial process of the project. 25.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 26.City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. ,........ PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways -without Regional Water Quality Control Board permit or waver - is strictly prohibited by local ordinances and state and federal law. Prior to Approval of final Map, unless other timing is indicated, the subdivider shall complete the following or have plans submitted and approved, agreements executed and securities posted: 27.Construct Little Valley Road per County Standard 104A (60'/40'). The horizontal curvature shall be designed at a minimum speed of 35mph. A temporary ac paved turnaround shall be provided at the terminus of Little Valley Road. 28.Construct Scenic Valley Road per County Standard 104A (60'/40') or as shown in the map. 29.1mprove the west side of Greenwald A venue by constructing an additional paved width of 20' per County Standard 102. Adequate transitions shall be r" Page] ] of] 7 AGENDA l1$~O. 02\ PAGE OF~ CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots. 5 water basins and 25 open space lots, ....., on APNs 349-240-006; 349-240-043 thm -047: 349-240-054 thm -056; 349-380-024 and -025. provided. Note: Should the existing structural section is found to be substandard for a secondary road, the road improvements shall extend to the centerline of Greenwald Avenue. 30.Construct local streets "A" to "N" per County Standard 106A (60/40) or as shown in the map. 31.The construction of "A" street also functioning as secondary access road for Tract 25475 shall be approved by the Fire Department. 32.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. 33.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 34.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. "" 35.Make an offer of dedication for all public streets and easements required by these conditions or shown on the Tentative Map. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the city. 36. Applicant shall submit signing and striping plans for the required street improvements and a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All signing and striping and traffic control devices shall be installed prior to final inspection of public improvements. This includes Street Name Signs, No Parking and Street Sweeping Signs for streets within the tract. 37.A Calif. Registered Civil Engineer shall prepare street and traffic improvement plans and specifications. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes Page 12 of 17 AGENDA ITEM NO. ~ PAGE~OF -!/%. ......." CONDITIONS OF APPROVAL FOR ,..- TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots, 5 water basins and 25 open space lots. on APNs 349-240-006; 349-240-043 thru -047; 349-240-054 thru -056; 349-380-024 and -025. (LEMC 12.04 and 16.34). Street improvement plans shall show existing and future profiles at centerline of street, at top of curb and at centerline of the alley. The profiles and contours will extend to 50' beyond the property limits. 38.All Public Works improvements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. The improvements shall include street and drainage improvements, street lighting, and associated traffic improvements related to the project. Prior to Issuance of a Grading Permit 39.Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. ~ 40.Construction Project access and hauling route shall be submitted and approved by the City Engineer, 41.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 42.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site unless a registered geologist provides verification that the project is exempt. 43.The applicant shall obtain all necessary off-site easements and/or permits for off-site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. 44.Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the ~, Page 13 of 17 AGENDA ITEM NO, 02\ PAGE~OF $- CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots, 5 water basins and 25 open space lots, ~ on APNs 349-240-006: 349-240-043 thID -047; 349-240-054 thID -056: 349-380-024 and -025. goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 45.Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. Prior to Issuance of Building Permit 46.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to . building permit. 47.Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location. such as water pressure and volume etc. Submit this letter prior to applying for a building permit. ....., 48.Pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). 49.Provide a traffic signal warrant analysis for the intersection of Greenwald and Scenic Crest Drive. If warranted, the developer shall construct a traffic signal at the intersection of Greenwald and Scenic Crest Drive. Prior to Occupancy 50.Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements Page 14 of 17 AGENDA ITEM NO. ,),\ PAGE~OF~ ~ CONDITIONS OF APPROVAL FOR r"' TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots. 5 water basins and 25 open space lots, on APNs 349-240-006; 349-240-043 thm -047: 349-240-054 thN -056; 349-380-024 and -025. (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 51.AB compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 52.All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 53.Water and sewer improvements shall be completed in accordance with Water District requirements. /"""' 54. The project applicant shall participate in the phased construction of the off-site intersection improvements as listed in their traffic study through payment of TIF and TUMF fees, payment of the project's fair share contribution towards other off-site improvements not included in the active fee programs, or construction of off-site facilities under appropriate fee credit agreements. 55.If warranted, the traffic signal at Greenwald and Scenic Crest Drive shall be operati onal. 56. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. DEPARTMENT OF ADMINISTRATIVE SERVICES 1. Annex into CFD 2003-1: Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall 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. ~ Page 15 of 17 AGENDA ITEM NO. J, I PAGE~OF 1~ CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots, 5 water basins and 25 open space lots, '-' on APNs 349-240-006; 349-240-043 thru -047; 349-240-054 thru -056: 349-380-024 and -025. 2. Annex into LLMD No.1: Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable) the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right- of-way landscaped areas 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. 3. Fire Station Impact Fee and Other Impact Fees: Upon completion of the Fire Station Impact Study and other impact fee studies, developer shall pay impact fee. 4. CFD for Park. Parkway. Open Space and Storm Drain Maintenance: Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall form a Mello-Roos Community Facilities District to fund the on-going operation and maintenance of the new parks, parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. "wfII COMMUNITY SERVICES DEPARTMENT 1. The developer shall pay park fees of$I,600 per unit ($211,200). 2. The developer is required to participate in the "Public Facility" fee program. 3. The developer shall comply with all NPDES storm water requirements. 4. All interior landscape, recreation areas, facilities and/or open space shall be maintained by the HOA. No park credits shall be given. 5. The HOA shall maintain all all park and common landscape areas. 6. The HOA shall maintain all natural and manufactured slopes. Page 160fl7 AGENDAITE~O. cl\ PAGE ~ OF~ "'" CONDITIONS OF APPROVAL FOR I"""" TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots. 5 water basins and 25 open space lots, on APNs 349-240-006: 349-240-043 thru -{)47: 349-240-054 thru -{)56: 349-380-024 and -{)25. 7. The HOA shall maintain all drainage facilities and structures. 8. The HOA shall maintain all catch basins, collectors, v-ditches or any other related flood control or storm water control device. 9. The HOA to maintain all exterior walls and landscaping. 10. The developer shall participate in the City-wide LLMD. 11. The developer shall annex into LLMD District 1 for all exterior landscaping to be maintained by the City. 12. The developer shall comply with all City ordinances regarding construction debris removal and recycling, per Section 8.32 of the Lake Elsinore Municipal Code. ~ 13. The developer shall provide the City with an inventory of all street signs, street markings, street trees and total square footage of all streets in a digital format acceptable to the City. 14. Secondary access shall be clearly defined as part of the development. 15. The developer shall meet City curb, gutter and sidewalk requirements. 16. The City's Landscape Architect shall review all landscape and/or irrigation plans prior to acceptance by the City. (Riverside County Fire Department Conditions of Approval dated March 8, 2006 attached. ) (End of Conditions) ~ Page 17 of 17 AGENDA ITEM NO. 02.\ PAGE 6.5 OF -1-f!- MAR-15-2006 WED 09:50 AM RIV CO FIRE P&E FAX NO. 951 955 4886 (€-i)t. $ J ')ZS- 03/08/06 05:54 Riverside County LMS CONDITIONS OF APPROVAL Library Conditions 10. GENElR.AL CONDITIONS FIRE DEPARTMENT lO.FlRE.999 CASE - CITY CASE STATEMENT With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: lO.FIRE.999 MAp-#50-BLUE DOT RE~LECTORS 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. lO.FlRE.999 MAP~-#16-BYDR4NT/SPACING Schedule A fire protection approved standard fire hydrants, (6"x4":X2 1/211) located one at ea.ch street intersection and spaced no more than jJ() feet apart in any dlf~tion, with no portion of any lot frontage more than ~ feet from a hydrant. Minimum fire flow shall be I 000 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 Bes map must be stamped by the Riverside County Surveyor with the following note: The land qivision is located in the lIliazardous 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. P. 04 Page: 1 "'" DRAFT DRAFT DRAF" "'" DRAFT "'" ACENDA ITEM NO. ;l..\ PACE (Pb OF 7ft MAR-15-2006 WED 09:50 AM RIV CO FIRE P&E FAX NO. 951 955 4886 03/08/06 05:54 /"'" L ~ary Conditions Riverside County LMS CONDITIONS OF APPROVAL 50. PRIOR TO MAP RECORDATION 50.FlRE.999 MAP*-#43-ECS-ROOFING MATERIAL EcS map must be stamped by the Riverside County Surveyor with the following note: All buildings shall be constructed with class '~" material as per the California Building Code. 5Q. FIRIiL 999 MAP-#46-WATER PLANS 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 engineerl 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.FlRE.999 MAP-#53-ECS-WTR PRIOR/COMBllS ,-- Ecs map must be stamped by the Riverside County Surveyor with the following note: The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. SO.FIRE.999 MAP-#47-SECONDARY ACCESS In the interest of Public SafetYJ the project shall provide an Alternate or Secondary Acceas(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. 80. PRIOR TO SLDG PRMT ISSUANCE FIRE: DEPARTMENT 80.FIRE.999 MAP-#50C-TRACT WATER VERIFICA /'"'" The required water system, including all fire hydrant(s), shall be installed and accepteQ by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Cont~at the Riverside County Fire Department to inspect the required fire flowj street signs, all weather surface, and all access and/or secondary. Approved water P. 05 page: 2 DRAFT DRAFT DAAFT DRAFT DRAFT AGENDA ITEM NO. c2 \ PAGE {; 1 Of 1 g MAR-15-2006 WED 09:50 AM RIV CO FIRE P&E 03/08/06 05:54 FAX NO. 951 955 4886 Riverside County LMS CONDITIONS OF A~PROVAL Library Conditions 80. PRIOR TO BLDG PRMT ISSUANCE aO.FIRE.999 MAP-#50C-TRACT WATER VERIFICA (cont.) pl~ns must be a the job site. BO.FIRE.999 MAP - SECONDARY/ALT~R ACCESS In the interest of Public Safety, the project shall provide An Alternate or Seconqary Access(s) as stated in the Transportation Department conditions. Said Alternate or Secondary Access(s) shall have concurrence and approval of both the Transportation Department and the Riverside County Fire Department. Alternate and/or Secondary Access(s) shall be completed and inspected per the approved plans. J'.GENOA ITEM NO. PAGE ~ f' P. 06 Page: 3 .-....,; DRAFT DRAFT ~ ~ cQ.1 OF ~f i Ii I~ I I~ I I Ii i!~: r PI; ~ ~ ;1' : ! IHi i I II I 5 i lit jr~ BII P l I .; i I '< II !! ..". ~ II ~ ~ ~ ; ~ ~ I ~ iJ i'E~. 11-1_ I ~ ~.-.~'1 . o J~ ~ I-I! -t I!.;~ : rsl:a .. 2;1 !)~ ~~ ~w ill h:ft~ I H;; ~JlI "f ~~ eef! ! I ~ ~ I ~II~S ~ I t II ii[~~l CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION '-'" TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: SEPTEMBER 5, 2006 PREPARED BY: CAROLE K. DONAHOE, AICP, PROJECT PLANNER PROJECT TITLE: ANNEXATION NO. 76; GENERAL PLAN AMENDMENT NO. 2006-05; PRE-ANNEXATION ZONE CHANGE NO. 2006-05; ZONE CHANGE NO. 2006-07; RAMSGATE SPECIFIC PLAN NO. 89-1, FIFTH REVISION; TENTATIVE TRACT MAP NO. 33725; MITIGATED NEGATIVE-DECLARATION NO. 2006-04 ~ APPLICANT: THE SHOPOFF GROUP, 8951 RESEARCH DRIVE, IRVINE, CA 92618, A TTN: KRISTINE ZORTMAN, PROJECT MANAGER OWNER: TSG LITTLE VALLEY, 8951 RESEARCH DRIVE, IRVINE, CA 92618 PROJECT REQUEST 1. The applicant requests approval of Annexation No. 76 and the commencement of proceedings to bring 62.42 acres into the City boundaries currently in the County of Riverside's jurisdiction, but within the City's Sphere of Influence area. 2. The applicant requests approval of General Plan Amendment No. 2006-05 to redesignate of 47.71 acres from County Very Low Density Residential, 1 "-" AGErmA m:M r~o. PACE '10 02\ OF 1'1 r-- REPORT TO PLANNING COMMISSION SEPTEMBER 5, 2006 ANNEXATION 76 ET.AL., RAMSGA TE SPA 5, TTM 33725, MND 2006-04 acre minimum lot size (VLDR) to Ramsgate Specific Plan; 14.71 acres from County VLDR to Low Density, 3 dwelling units per acre; and 4.99 acres from City Very Low Density Residential, 0.5 dwelling units per acre, to Ramsgate Specific Plan. 3. The applicant requests approval of Pre-Annexation Zone Change No. 2006- 05 to add to the Official Zoning Map 47.71 acres from County Rural Residential, 'l'2 acre minimum lot size (RR) to Ramsgate Specific Plan, and 14.71 acres from County RR to R-E Estate Single Family Residential, 'l'2 acre minimum lot size. 4. The applicant requests approval of Zone Change No. 2006-07 to rezone 4.99 acres from City Rural Residential, 2 acre minimum lot size, to Ramsgate Specific Plan. .,.--. 5. The applicant requests approval of Ramsgate Specific Plan No. 89-1 Fifth Revision, which adds 52.7 acres of vacant land for residential development to the northeastern portion of the SP as new Planning Area 10. 6. The applicant requests approval of Tentative Tract Map No. 33725, to subdivide 52.7 acres for the construction of221 single family residential lots, five (5) water quality basins, and twenty-five (25) open space lots. PROJECT LOCATION The Ramsgate Specific Plan (Ramsgate SP) is located approximately one mile east of Interstate 15, south of Highway 74, and west of Greenwald Avenue. The site of Annexation No. 76 and Pre-Annexation Zone Change No. 2006-05 (ZC 2006-05) is located south of Little Valley Road, north of Scenic Crest Drive, west of Greenwald, and east of Grassy Meadow Drive, and known as Assessor's Parcel Nos. 349-240-043 thru 047; 349-240-050 and -051; 349-240-054 thru -058; 349-380-024 and -025. ~ AGENDA ITEM c2\ PAGE 1L OF -7% REPORT TO PLANNING COMMISSION SEPTEMBER 5, 2006 ANNEXATION 76 ET.AL., RAMSGATE SPA 5, TTM 33725, MND 2006-04 ....., The site of proposed Tentative Tract Map No. 33725 (TTM 33725) and Zone Change No. 2006-07 (ZC 2006-07) is located south of Little Valley Road, west of Greenwald, east of Grassy Meadow Drive, and both north and south of Scenic Crest Drive, and known as Assessor's Parcel Nos. 349-240-006; 349-240-043 thru -047; 349-240-054 thru -056; 349-380-024 and -025. General Plan Amendment No. 2006-05 covers the annexation area as well as the 5 acres already in the City and a part ofTTM 33725. ENVIRONMENTAL SETTING Vacant, under Rarnsgate Specific Plan Rarnsgate Specific Plan Project Site construction, Rosetta Canyon residential nei hborhoods ....., Scattered residential, North Peak Specific Plan North Peak SP, Future S North vacant RR Rural Residential, Low Density Residentia Coun 3 dwellin s/acre RI Single Family Low Medium Density ( South Vacant Residential, dus/ac), Low Density, RR Rural Residential, Future SP, Canyon Cree o en S ace SP Centex Homes & Elsinore RR Rural Residential, Low Density, Tuscany East Hills Elementary, under Tuscany Hills Specific Hills SP construction, vacant Plan West Residential County, RR Rural Business Park, Low Residential, Rl Single Medium Density, Low Famil Residential Densi BACKGROUND The City Council approved the original Ramsgate SP in June 1984, and four (4) subsequent revisions, the latest being in August 22, 2006. With the approval of the Fourth Revision, the Council also approved Tentative Tract Map No. 25475 Revision No.1, the Old Kiln project. ~ AGENDA ITEM c2l PAGE,12..0F 1S /""""'. REPORT TO PLANNING COMMISSION SEPTEMBER 5, 2006 ANNEXATION 76 ET.AL., RAMSGA TE SPA 5, TTM 33725, MND 2006-04 PROJECT ANALYSIS Tentative Tract Map No. 33725 and Ramsgate Specific Plan 89-1 Fifth Revision TTM 33725 is a logical extension of the development already approved within the Old Kiln map, because it lies directly north, across Scenic Crest Drive. TTM 33725 was designed to accommodate the circulation for TTM 25475, as well as the provision of open space and park amenities for both maps. TSG, the applicant for the two maps, was required to provide primary and secondary access roadways, Scenic Crest Drive and Little Valley Road, due to the loss of area conveyed to permanent open space"on the west and south boundaries of the Old Kiln tract. The residents of both TTM 33725 and 25475 will enjoy two (2) pocket parks and a ",- trail system central to both tracts, but within TTM 33725. The first park is a "Marsh" passive park on the north side of Scenic Crest Drive, while the second is an active park on the south side of Scenic Crest Drive. Both amenities will include interpretive signage that explains the conservation objectives of the MSHCP open space nearby. Zone Change No. 2006-07 In order to ensure development ofTTM 33725 with Ramsgate Specific Plan standards and guidelines similar to TTM 25475, the applicant is requesting that the area be zoned "Ramsgate Specific Plan." ZC 2006-07 formally requests this zoning on the 5 acre portion ofTTM 33725 that is already in the City. Annexation No. 76 and Pre-Annexation Zone Change No. 2006-05 Annexation 76 and ZC 2006-05 cover that portion of TTM 33725 that is within the County's jurisdiction, but within the City's Sphere of Influence. Additionally, at the request of the Local Agency Formation Commission (LAFCO), the applicant has included four (4) outlying parcels in the annexation process, in order to "square off' the boundary line between the City and County in this area, and avoid creating pockets ~ of unincorporated areas. AGENDA ITEM .2l PAGE 13- OF 1X REPORT TO PLANNING COMMISSION SEPTEMBER 5, 2006 ANNEXATION 76 ET.AL., RAMSGA TE SPA 5, TTM 33725, MND 2006-04 -...; Staff communicated with the property owners of the four (4) outlying parcels, in meetings and by phone. Marilyn MacDonald lives in a mobile home adjacent to her son. Mrs. MacDonald feared increased taxes, and was informed that the Citywide Lighting and Landscape Maintenance District assessment was estimated to be an additional $24.90 per year, which she found acceptable. She indicated that she and her son would both support the annexation. Gary and Susan Fraser explored the options with staff regarding future development of their property, and appreciated the improvements to Little Valley Road that the Ramsgate SP development would provide. Bernardo Ortega resides in Santa Ana, and when contacted, did not express opposition to the annexation. Staff recommends that the four (4) outlying parcels be zoned Residential-Estate, thereby allowing half acre minimum lot sizes and the keeping of animals, which is what these properties currently enjoy in the County. General Plan Amendment No. 2006-05 '-'" The GP A covers all properties within TTM 33725 proposed for development using the Ramsgate Specific Plan standards. The GPA also designates the four (4) outlying parcels that are not proposed to be part of the Ramsgate Specific Plan as Low Density, 3 dwelling units per acre in order to allow the half acre zoning that these parcels currently enjoy in the County. ENVIRONMENTAL DETERMINATION Mitigated Negative Declaration No. 2005-04 (MND) was prepared in conformance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code, Section 21000 et.seq.); the State Guidelines for Implementation of CEQA as amended (California Code of Regulations, Title 14, Chapter 3, Section 15000, et.seq.); applicable requirements of the City of Lake Elsinore; and the regulations, requirements and procedures of any other responsible public agency or agency with jurisdiction by law. During the processing of these applications, Staff determined that two zone change cases should be used to clarify the intent of the changes of zone and to simplify the ......, AGENDA ITEM .2 \ PAGE 1!l OF !J$ ~ REPORT TO PLANNING COMMISSION SEPTEMBER 5, 2006 ANNEXATION 76 ET.AL., RAMS GATE SPA 5, TTM 33725, MND 2006-04 annexation process, one for the pre-annexation zone change, and another for the rezoning of property already in the City. As a technical matter, the MND describes the entirety of the two zone changes on Page 1, under "Purpose," and analyzes all environmental issues as such. However, the rezoning case number, Zone Change No. 2006-07 is not identified on the cover of this document. After discussions with the property owners of the four (4) outlying parcels, Staff wanted to ensure that the proposed general plan designation for their properties supported the Y2 acre zoning they currently have with the County, contrary to statements made in the MND. Staffbelieves that because the Y2 acre designation is the same as what exists today in the County, we can rely on the County's General Plan and Environmental Impact Report to support this designation. Based upon review of the proposed project, including reviews by the City of Lake ~ Elsinore Planning, Engineering and Building Divisions, and other reviewing agencies, the City has concluded that the mitigated negative declaration was the appropriate document. RECOMMENDATIONS Staff recommends that the Planning Commission adopt the following resolutions: 1. Resolution No. 2006-_, recommending to the City Council adoption of Mitigated Negative Declaration No. 2006-04. 2. Resolution No. 2006-_, recommending to the City Council adoption of Findings of Consistency with the Multi-Species Habitat Conservation Plan. 3. Resolution No. 2006 - _, recommending to the City Council approval of General Plan Amendment No. 2006-05. based upon Exhibit 'C.' 4. Resolution No. 2006 - _, recommending to the City Council approval of Pre- Annexation Zone Change No. 2006-05. based upon Exhibit 'D.' ~ AGENDA ITEM ;2 \ PAGEf!OF 1-;( REPORT TO PLANNING COMMISSION SEPTEMBER 5, 2006 ANNEXATION 76 ET.AL., RAMSGA TE SPA 5, TTM 33725, MND 2006-04 ......" 5. Resolution No. 2006 - _' recommending to the City Council approval of Zone Change No. 2006-07. based upon Exhibit 'E.' 6. Resolution No. 2006 - _' recommending to the City Council approval of Ramsgate Specific Plan No. 89-1 Fifth Revision. based upon Exhibit 'F,' and subject to the Conditions of Approval prepared for Ramsgate Specific Plan No. 89-1 Fifth Revision. 7. Resolution No. 2006 - _, recommending to the City Council approval of Annexation No. 76, based upon Exhibit 'D,' and subject to the Conditions of Approval for Annexation No. 76. 8. Resolution No. 2006 - _, recommending to the City Council approval of Tentative Tract MapNo. 33725. based upon Exhibit 'H,' and subject to the Conditions of Approval for Tentative Tract Map No. 33725. ......" PREPARED BY: CAROLE K. DONAHOE, PROJECT PLANNER APPROVED BY: Rolfe M. Preisendanz, Director of Community Development ATTACHMENTS: 1. Exhibit 'A' - Vicinity Map. 2. Resolution No. 2006- _, recommending adoption of Mitigation Negative Declaration No. 2006-04. a. Exhibit 'B' - Mitigated Negative Declaration No. 2006-04 document (Separate cover). 3. Resolution No. 2006- _' recommending adoption of Findings of Consistency with the MSHCP. ...., AGENDA ITEM ;;.. ( PAGE~OF 1% "..-- REPORT TO PLANNING COMMISSION SEPTEMBER 5, 2006 ANNEXATION 76 ET.AL., RAMS GATE SPA 5, TTM 33725, MND 2006-04 4. Resolution .No. 2006-~~_!_~~~~~~n~~!l:g~~PE~()y~1 of nQe~~!~!nR_~~___m~_________ Amendment No. 2006-05. a. Exhibit 'c' - Little Valley General Plan Amendment. 5. Resolution No. 2006-_, recommending approval of Pre-Annexation Zone Change No. 2006-05. a. Exhibit 'D' - Little Valley Annexation Zone Change. 6. Resolution No. 2006-_, recommending approval of Zone Change No. 2006-07. a. Exhibit 'E' - Little Valley Zone Change No. 2006-07. 7. Resolution No. 2006- _, recommending approval of Ramsgate Specific Plan No. 89-1 Fifth Revision. a. Conditions of Approval. b. Exhibit 'F' - Ramsgate Specific Plan No. 89-1 Fifth Revision document (Separate cover). "..-- 8. Resolution No. 2006-_, recommending approval of Annexation No. 76. a. Conditions of Approval. b. Exhibit 'G' - Reorganization Plat. c. Exhibit 'H' - Plan of Services (Separate Cover). d. Exhibit'!' - Fiscal Impact Report (Separate Cover). 9. Resolution No. 2006-_, recommending approval of Tentative Tract Map No. 33725. a. Conditions of Approval. b. Exhibit 'J' - Full-size TTM 33725 (Enclosure) c. Exhibit 'K' - Reduced color illustrative (Enclosure) 10. Draft Notice of Determination r-- AGENDA ITEM 0<.( PAGE17-0F 1% Notice of Determination Mitigated Negative Declaration (In compliance with Section 21108 or 21152 of the Public Resources Code) ,....., City of Lake Elsinore Planning Division 130 S. Main Street Lake Elsinore, CA 92530 (909) 674-3124 (909) 471-1419 fax Filed With: D Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk of Riverside County 2724 Gateway Drive Riverside, CA 92507 Project Tide: Little Valley Annexation No. 76, General Plan Amendment No. 2006-05, Pre-Annexation Zone Change No. 2006-05, Zone Change No. 2006-07, Ramsgate Specific Plan 89-1 Fifth Revision, and Tentative Tract Map No. 33725 State Clearinghouse Number (ifsubmitted to State Clearinghouse): N/ A Lead Agency Contact Person: Carole Donahoe, Project Planner Telephone Number: (951) 674-3124 x 287 Project Location (include County): The site of Annexation No. 76 et.al. is located in Riverside County, adjacent to the northeast boundary of the City of Lake Elsinore. The site is south of Little Valley Road, north of Scenic Crest Drive, west of Greenwald, and east of Grassy Meadow Drive. The Ramsgate Specific Plan is located approximately one mile east of Interstate 15, south of Highway 74, and west of Greenwald A venue. --." Project Description: Commencement of proceedings to bring 62.42 acres of land into the City boundaries that are currently in the County of Riverside's jurisdiction and in the City's Sphere of Influence area, and to amend the City's General Plan Land Use Map and pre-zone the property Ramsgate Specific Plan and R-E Estate Single Family Residential, % acre minimum lot size. Revise the Ramsgate Specific Plan to include 52.7 acres of vacant land for residential development as new Planning Area 10. Subdivide 52.7 acres into 221 single family residential lots, 5 water quality basins, and 25 open space lots. This is to advise that the Lake Elsinore City Council (Lead Agency) has approved the above project and has made the following determinations regarding the above described project: 1. The project D will [gI will not have a significant effect on the environment. 2. An Environmental Impact Report was not prepared for this project pursuant to the provisions of CEQA. D A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. The Initial Study and Mitigation Monitoring Program and record of project approval may be examined at: Ci1;y of lake Elsinore. 130 South Main Street. Lake Elsinore. CA 92530 3. Mitigation Measures [gI were D were not made a condition of the approval of the project. 4. A Statement of Overriding Considerations D was [gI was not adopted for this project. Signed: Title: Director of Community Development Rolfe M. Preisendanz .......", AGENDA iTE;; NO. ,1 \ PACE 7K OF 7! /""'" CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: SEPTEMBER 26, 2006 SUBJECT: MITIGATED NEGATIVE DECLARATION NO. 2005-12 GENERAL PLAN AMENDMENT NO. 2006-03 PRE-ZONING NO. 2006-04 ANNEXATION NO. 77 APPLICANT: CITY OF LAKE ELSINORE PROJECT REQUEST ",......... The applicant requests approval of: · Mitigated Negative Declaration No. 2005-12 pursuant to Article 6 (Negative Declaration Process) and Section 15070 (Decision to Prepare a Negative or Mitigated Negative Declaration) as established by the California Environmental Quality Act (CEQA). · General Plan Amendment No. 2006-03 pursuant to Government Code Section(s) 65350 through 65362, the Lake Elsinore General Plan and Chapter 17 .92 (Hearings) of the Lake Elsinore Municipal Code (LEMC). · Pre-Zoning No. 2006-03 pursuant to Government Code Section(s) 65362 and Chapter 17.92 (Hearings) & Chapter 17.84 (Amendments) ofthe Lake Elsinore Municipal Code (LEMC). ,r- · Annexation No. 77 pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of2000 (Government Code Section 56000-56001) and the standards, policies and directives of the Riverside Local Agency Formation Commission (LAFCO). AGENDA ITEM r~o. PACiE \ r# OF b '\ REPORT TO CITY COUNCIL SEPTEMBER 26, 2006 Page 2 of 4 ....." BACKGROUND At their regular meeting of September 19, 2006, the Planning Commission recommended approval and adoption of the following resolutions based on Findings, Exhibits and Conditions of Approval: · Resolution No. 2006-91, recommending City Council adoption of Mitigated Negative Declaration No. 2005-12; · Resolution No. 2006-..91 recommending to the City Council approval of General Plan Amendment No. 2006-03; · Resolution No. 2006-93 recommending to the City Council approval of Pre- Zoning No. 2006-04; and · Resolution No. 2006-lOQ recommending to the City Council approval to commence with proceedings for the properties described in Annexation No. 77. ....."" DISCUSSION Staff presented an update of the project from the continued regularly scheduled Planning Commission meeting of August 1, 2006. A property owner's letter dated August 21, 2006 requesting additional information and the City's response letter dated August 30, 2006 was discussed. There was one request to speak, Oliver Cagel, representing Greg Lansing's property (APN 347-110-033). Mr. Cagel stated he agreed with the Staff Report. There were no other requests to speak for or against the project. Mr. Wayne Fowler of the Local Agency Formation Commission (LAFCO) attended the hearing to answer any questions that the Commission or public may have. Commissioner Gonzales asked Mr. Fowler how long the LAFCO process would take. Mr. Fowler indicated it would take approximately four (4) to five (5) months to bring the project before the LAFCO Commission. Ifthere was opposition, a protest hearing would be required. This process could add another two (2) to three (3) months to the Annexation process. The Commission thanked Mr. Fowler for attending the hearing. """ A vote was taken and the project was approved unanimously by a 5 to 0 vote. AGENDA ITEM NO. PAGE ~ 2'2- OF b ~ ,.- REPORT TO CITY COUNCIL SEPTEMBER 26, 2006 Page 3 of 4 FISCAL IMPACT The Fiscal Impact Report dated August 3, 2006 was completed by David Taussig & Associates. The report analyzed the City of Lake Elsinore's recurring revenues and costs with the annexation. It found that the Annexation would generate a fiscal deficit of$10,826.00 per year. Several factors were listed as reasons for this deficit such as: 1) the parcels have low assessed values; 2) the City's one percent (1%) property tax shifts; and 3) the City will not receive property tax in lieu of Motor Vehicle License fees (but will receive a subvention based on growth). However, as the area becomes fully developed (only 26 parcels are occupied) the project's overall revenue-to-cost ratio should improve. RECOMMENDATION ,.- The Planning Commission recommends that the City Council adopt and approve the following items based on the Findings, Exhibits and Conditions of Approval: 1. City Council Resolution No. 2006-~ adopting Mitigation Negative Declaration No. 2005-12 and the Mitigation Monitoring and Reporting Program; and 2. City Council Resolution No. 2006- ~ approving General Plan Amendment No. 2006-03; and 3. City Council Ordinance No. 2006-' \~approving Pre-Zoning No. 2006-04; and 4. City Council Resolution No. 2006-M approval to commence with proceedings for the properties described in Annexation 77. PREPARED BY: LINDA M. MILLER, AICP PROJECT PLANNER APPROVED FOR AGENDA BY: ICE R'S OFFICE ~.. AGENDA ITEM NO. !2 ':2 PAGE ~ 0;: b" REPORT TO CITY COUNCIL SEPTEMBER 26, 2006 Page 4 of 4 .~ ATTACHMENTS: 1. Vicinity Map 2. City Council Resolution No. 2006- _ adoption of Mitigation Monitoring Plan No. 2005-05 and Mitigation Monitoring and Reporting Program. 3. City Council Resolution No. 2006-_ approving General Plan Amendment No. 2006-03. 4. City Council Resolution No. 2006-_ approval to commence with proceedings for the properties described in Annexation 77. 5. City Council Ordinance No. 2006-_ approving Pre-Zoning No. 2006-04. 6. Conditions of Approval. 7. Planning Commission Staff Report, Resolutions and Conditions of Approval of September 19, 2006. 8. Reduced Color Exhibits 9. Mitigated Negative Declaration No. 2005-12/Mitigation Monitoring and Reporting Program Plan 10.Full-sized Color Exhibits (mounted on board, presented at Hearing). """" ~ ACENDA ITEM NO. PACE 4: !2-1).. OF t ct. c~ ~. !:"~o ~~.g:~ i......CDcno ~a;mo ;: !~!!!'~l ~~~~~ ~.~O~ ! ~ >(/)0 . ",:; Cil II .,;; <0 "'_ c.> o ~ > Z Z S (5 z z p ~ ~ i~ i~ . ~)~!lfSI .~ ~ ~ ~ i iii~~!~ ~!!!f"~1\' m~'~ ~ tool;_ I>> ,,2 2 00(1) UJ ~) ..' ~. .. 6: a. ;::;: <:,- ::l ~ iJ III o (I) Cil I iJ a "8 (J) ~ )> ::l ::l (I) X III - o' ::l () ;::;: '< III o c::: ::l 0- III -< z[> iJ III o (I) Cil Z g. 3i (I) 0- z g. 3i o III - o' ::l '-'" RESOLUTION NO. 2006-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005-12 AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR ANNEXATION NO. 77 WHEREAS, the City of Lake Elsinore has initiated an application for General Plan Amendment No. 2006-03, Pre-Zoning No. 2006-04, and Annexation No. 77 for a one hundred fifty-four (154) acre site located adjacent to State Route 74, East of Trellis Lane (the "Project"); and WHEREAS, Annexation 77 qualifies as a "project" under California Public Resources Code Section 21065, which defines a project for purposes of the California Environmental Quality Act (Cal. Pub. Res. Code 99 21000 et seq.: "CEQA") as any 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, the Planning Commission opened the public hearing on the Project at a duly noticed public hearing on August 1, 2006; and WHEREAS, in response to the public comments shared at the August 1, 2006 meeting, the Planning Commission voted to continue the public hearing on the Project until the regularly scheduled meeting of September 19,2006; and WHEREAS, on September 19, 2006, the Planning Commission considered additional evidence presented by the Community Development Department and other interested parties with regard to the Project; 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 26, 2006. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: "-' AGENDA ITEM NO. J2.t2- PACE b OF &, ".,......... CITY COUNCIL RESOLUTION NO. 2006- Page 2 of3 SECTION 1. The City Council has considered the proposed Mitigated Negative Declaration No. 2005-12 and related Mitigation Monitoring and Reporting Program prior to making a decision. The City Council finds and determines that Mitigated Negative Declaration No. 2005-12 and Mitigation Monitoring and Reporting Program are adequate and prepared in accordance with the requirements of CEQA. SECTION 2. That in accordance with CEQA, the CEQA Guidelines, State Planning and Zoning law, and the City of Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Mitigated Negative Declaration No. 2005-12 and related Mitigation Monitoring and Reporting Program: 1. Revision in the project plans or proposal made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study r-- are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. The applicant has made revisions to the Project and has agreed to specific conditions which mitigate the potentially significant environmental effects of the Project to a level of insignificance. 2. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have a significant effect on the environment. . Pursuant to the evidence received in the light of the whole record presented, the Project will not have a significant effect on the environment considering the Mitigation Monitoring and Reporting Program. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. ,-... AGENDA ITEM NO. 2. ~ PP.C:E 1 OF b ~ CITY COUNCIL RESOLUTION NO. 2006- Page 3 of3 ......" PASSED, APPROVED AND ADOPTED this twenty-sixth day of September, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: ....." Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore ....." AGENDA ITEM r-lO. 2'2.. PACE ~ OF b~ ,-... RESOLUTION NO. 2006-M A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2006-03 AMENDING THE GENERAL PLAN LAND USE DESIGNATIONS ON ONE HUNDRED FIFTY-FOUR (154) ACRES ADJACENT TO STATE ROUTE 74, EAST OF TRELLIS LANE WHEREAS, the City of Lake Elsinore has initiated proceedings to amend the General Plan Land Use Map for the one hundred fifty-four (154) acres of land adjacent to State Route 74, East of Trellis Lane, and which is commonly known as Annexation 77; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code 99 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. 99 15000 et seq.), Mitigated Negative Declaration No. 2005-12 was prepared to mitigate to a level of insignificance any potentially significant environmental effects presented by Annexation 77; and r' WHEREAS, the Planning Commission opened the public hearing on Annexation 77 at a duly noticed public hearing on August 1, 2006; and WHEREAS, in response to the public comments shared at the August 1, 2006 meeting, the Planning Commission voted to continue the public hearing on Annexation 77 until the regularly scheduled meeting of September 19,2006; and WHEREAS, on September 19, 2006, the Planning Commission considered additional evidence presented by the Community Development Department and other interested parties with regard to the annexation application; 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 26, 2006. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: r' ACiENDA ITEM NO. '2-Q..- PAGE " OF 6, CITY COUNCIL RESOLUTION NO. 2006- Page 2 of3 SECTION 1. The City Council has considered the proposed General Plan Amendment No. 2006-03, prior to making a decision. The City Council approves the proposed changes to the General Plan Land Use Map and determines that the proposed General Plan Amendment No. 2006-03 is acceptable. SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of General Plan Amendment No. 2006-03: 1. The proposed General Plan Amendment will not be; a) 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, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed General Plan Amendment has been analyzed relative to its potential to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. The health, safety and welfare of the persons residing or working within the neighborhood of the property may be improved due to the future development that could include improvements to infrastructure such as water and sewer lines, lighting and paving of existing dirt right of ways. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. The General Plan Amendment will establish land uses more consistent with the land uses adjacent and nearby the area. The neighboring major single family residential development is bringing infrastructure improvement to the western boundary of the territory to be annexed. Improvements include all required utilities as well as major road improvements. Major commercial development (Costco/Lowe's, Home Depot and Target Centers) are currently open and operating or are near completion and are located less that five miles from the annexation area. ACENDA ITEM NO. 2V2. PAGE \0 m= /..,Of. ~ '-'" '-till ",......... CITY COUNCIL RESOLUTION NO. 2006- Page 3 of3 3. The proposed General Plan Amendment will not have a significant effect on the environment. The proposed General Plan Amendment was included within the description of the project's Initial Study. Based on the Initial Study, a Mitigated Negative Declaration was prepared and mitigated all potentially significant environmental effects to a level of insignificance. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this twenty-sixth day of September, 2006, by the following vote: AYES: COUNCILMEMBERS: ".-. NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore I""""' ACENDA ITEM r~o. 2!2 PAGE \ \ OF b '\ ORDINANCE NO. 2006-11~'b ....." AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING PRE-ZONING NO. 2006-04 SUBJECT TO THE COMPLETION OF ANNEXATION NO. 77 WHEREAS, the City of Lake Elsinore (the "City") has commenced proceedings to annex 154 acres of land into the City's corporate boundaries and is concurrently initiating proceedings to change the zoning designation on 154 acres of land located adjacent to State Route 74, East of Trellis, from the County of Riverside's zoning designations to City's Pre-Zoning designations as set forth below; and WHEREAS, the Pre-Zoning application conforms to and is consistent with the City of Lake Elsinore's General Plan Land Use Map, as amended by the general plan amendment which is also being processed simultaneously with this Pre-Zone application; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. ......, Pub. Res. Code SS 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. SS 15000 et seq.), Mitigated Negative Declaration No. 2005-12 was prepared to mitigate to a level of insignificance any potentially significant environmental effects presented by Annexation 77; and WHEREAS, the Planning Commission opened the public hearing on the Annexation 77 at a duly noticed public hearing on August 1, 2006; and WHEREAS, in response to the public comments shared at the August 1, 2006 meeting, the Planning Commission voted to continue the public hearing on Annexation 77 until the regularly scheduled meeting of September 19,2006; and WHEREAS, on September 19, 2006, the Planning Commission considered additional evidence presented by the Community Development Department and other interested parties with regard to the annexation application; 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 26, 2006. ....." ACENDA ITEM NO. 2-'"2- PACE \ 'l OF b~ I"""" r-- r-- CITY COUNCIL ORDINANCE NO. 2006- Page 2 of 4 THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has considered the proposed Pre-Zoning No. 2006-04 prior to making its decision. The City Council adopts Mitigated Negative Declaration No. 2006-04 prepared for this project as adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project. SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore Municipal Code ("LEMC"), the City Council makes the following findings for the approval of Pre- Zoning 2006-04: 1. The proposed zone change will not be; a) 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, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed Pre-Zoning has been analyzed relative to its potential to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed zone change. Staff believes that the health and safety of the persons residing or working within the neighborhood of the property may be improved due to the future development that could include improvements to infrastructure such as water and sewer lines, lighting and paving of existing dirt right of ways. 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan and the development standards established with the LEMC. The Pre-Zoning is consistent with GOAL 1.0 of the General Plan in that this Pre-Zoning will assist in achieving the City's goal to provide "decent housing opportunities and a satisfying living environment for residents of Lake Elsinore ". SECTION 3. If any prOVISIOn, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. ACENDA ITEM NO. .2.~ PACE \ '\ nc L'1 CITY COUNCIL ORDINANCE NO. 2006- Page 3 of 4 ....., 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 26th day of September, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ....., Robert E. Magee, Mayor City of Lake Elsinore PASSED, APPROVED AND ADOPTED UPON SECOND READING this day of September 26, 2006, upon the following roll call vote: . AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore """" ACENDA ITEM NO. '2 Y2- PACE '4 OF b~ "..-. ,;-- r-- CITY COUNCIL ORDINANCE NO. 2006- Page 4 of4 ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITEM NO. 7 ().... PAGE \ S OF b ~ RESOLUTION NO. 2006-.l!{J. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA COMMENCING PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO. 77 INTO THE CORPORATE BOUNDARIES OF THE CITY OF LAKE ELSINORE ...., WHEREAS, the City of Lake Elsinore (the "City") has initiated proceedings to annex into the City's boundaries approximately one hundred fifty- four (154) acres of land which is located adjacent to State Route 74, East of Trellis Lane ("Annexation No. 77"), and which is presently within the jurisdiction of the county of Riverside but within the City's Sphere of Influence; and WHEREAS, Annexation No. 77 is being processed pursuant to the provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of2000 (Cal. Gov. Code ~~ 56000 et seq.: "Cortese-Knox Act"); and WHEREAS, in accordance with the Cortese-Knox Act, and as a condition of the proposed annexation, the City of Lake Elsinore has initiated Pre-Zoning No. ..., 2006-04 for Annexation No. 77; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code ~~ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. ~~ 15000 et seq.), Mitigated Negative Declaration No. 2005-12 was prepared to mitigate to a level of insignificance any potentially significant environmental effects presented by Annexation No. 77; and WHEREAS, the Planning Commission opened the public hearing on Annexation No. 77 at a duly noticed public hearing on August 1, 2006; and WHEREAS, in response to the public comments shared at the August 1, 2006 meeting, the Planning Commission voted to continue the public hearing on Annexation No. 77 until the regularly scheduled meeting of September 19, 2006; and WHEREAS, on September 19, 2006, the Planning Commission considered additional evidence presented by the Community Development Department and other interested parties with regard to the annexation application; and -.....J AOENDA ITEM NO. ?-~ PAGE \ ~ OF ~ \. ,..... CITY COUNCIL RESOLUTION NO. 2006- Page 2 of5 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 26, 2006. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed Annexation prior to making its decision.. The City Council adopts Mitigated Negative Declaration No. 2006-04 prepared for this project as adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project. /"""' SECTION 2. That in accordance with the Cortese-Knox Act, State Planning and Zoning law, and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Annexation No. 77: 1. The proposed annexation area is contiguous to the City of Lake Elsinore and will not create pockets or islands. Annexation No. 77 borders the City and is within its Sphere of Influence. The annexation proposes reasonable extension of the city boundary area in that the annexation of the proposed parcels will eliminate a pocket area. 2. The proposed annexation will not result In any adverse significant impacts on the environment. ,..- Based upon the mitigation measures contained in Mitigated Negative Declaration No. 2005-12 and the conditions of approval attached to the Staff Report, all potentially significant environmental impacts presented by Annexation No. 77 will be mitigated to a level of insignificance in satisfaction of the requirements of CEQA. AGENDA ITEM NO. 2.?- PACE \\ OF-h't CITY COUNCIL RESOLUTION NO. 2006- Page 3 of5 .~ 3. The proposed annexation will eliminate an existing undesired pocket of the county area and will assist in the efficient provision of government servIces. The 154 acres of land proposed for annexation are presently within the jurisdiction of the County of Riverside. The land which makes-up Annexation No. 77 is flanked on all sides by the City of Lake Elsinore's corporate boundaries. The current configuration creates a pocket area of land which is within the County of Riverside but which would be more effectively serviced by resources available through the City. Annexation of the 154 acres of land into the City will eliminate the undesired pocket area. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this twenty-sixth day of September, 2006, by the following vote: '"'" AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk """ AGENDA ITEM NO. 2-?- PAGE \ ~ OF f>' ~ ~ ~. CITY COUNCIL RESOLUTION NO. 2006- Page 4 of5 City of Lake Elsinore ACENDA ITEM NO. 2 '). PACE \~ OF b~ CITY COUNCIL RESOLUTION NO. 2006- Page 5 of5 APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITEM NO.~ PACE ~OOF - b \. ......" ......" '-*" GENERAL CONDmONS 1. The City of Lake Elsinore shall defend (with counsel), indemnify, and hold harmless City Official, Officers, Employees, Consultants 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 project, 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. ANNEXATION NO. 77 2. The annexation of said property shall comply with the requirements contained in the Cortese-Knox-Herzberg Local Government Reorganization Act of 2000 /'"' (Government Code Section 56000-56001) and the standards and policies established by the Riverside Local Agency Formation Commission (LAFCO). 3. All entitlements contained herein are subject to the completion and approval of the annexation of the subject property. /'"'"", ACENDA ITEM NO. 2!J.. PACE ~ \ OF t \ CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION '-' TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: SEPTEMBER 19,2006 PREPARED BY: LINDA MILLER, PROJECT PLANNER PROJECT TITLE: MITIGA TED NEGA TIVE DECLARATION NO. 2005- 12, GENERAL PLAN AMENDMENT NO. 2006-03, PRE-ZONING NO. 2006-04 AND ANNEXATION NO. 77 FOR THE PROPERTY LOCATED ADJACENT TO STATE ROUTE 7 4, EASTERLY OF TRELLIS LANE AND THE RAMSGA TE (CENTEX) SPECIFIC PLAN. APPLICANT: THE CITY OF LAKE ELSINORE, 130 SOUTH MAIN STREET, LAKE ELSINORE, CALIFORNIA 92562 ....., PROJECT REQUESTS · Mitigated Negative Declaration No 2005-12. The City of Lake Elsinore intends to adopt a Mitigated Negative Declaration (MND) for annexation purposes pursuant to Article 6 (Negative Declaration Process) and Section 15070 (Decision to Prepare a Negative or Mitigated Negative Declaration) as established by the California Environmental Quality Act (CEQA). · General Plan Amendment No. 2006-03. The City of Lake Elsinore is initiating an amendment to the City's Sphere of Influence (SOl) and General Plan Land Use Map by changing the land use designations of the subject . property consisting of approximately one hundred fifty-four (154) acres. The review and analysis of this General Plan Amendment is pursuant to Government Code Section(s) 65350 through 65362, the Lake Elsinore General Plan and Chapter 17.92 (Hearings) of the Lake Elsinore Municipal Code (LEMC). ......, AGENDA ITEM NO. 2. 2- PACE ~~ OF b~ ,..... REPORT TO PLANNING COMMISSION SEPTEMBER 19,2006 PAGE20F5 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005- 12, GENERAL PLAN AMENDMENT NO. 2006-03, PRE-ZONING NO. 2006-04 AND ANNEXATION NO. 77 · Pre-Zoning No. 2006-04. Conforming and consistent to the proposed amendment to the General Plan Land Use Map, the City of Lake Elsinore is also initiating an application to change the Zoning (Pre-Zoning) of the subject project area from the County of Riverside's zoning designations to the City of Lake Elsinore's Pre-Zoning designations. The review and analysis of the requested Pre-Zoning is pursuant to Government Code Section(s) 65350 through 65362 and Chapter 17.92 (Hearings) & Chapter 17.84 (Amendments) of the Lake Elsinore Municipal Code (LEMC). ~ · Annexation No. 77. The City of Lake Elsinore is proposing an annexation of approximately one hundred fifty~four (154) acres from the County of Riverside's jurisdiction within the Sphere of Influence (SOl) area of the City of Lake Elsinore. The annexation has been initiated by the City of Lake Elsinore pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of2000 (Government Code Section 56000-56001) and the standards, policies and directives of the Riverside Local Agency F ormation Commission (LAFCO). BACKGROUND The project is being brought back before the Planning Commission for reconsideration from the previous regularly scheduled Planning Commission meeting of August 1, 2006. Several property owners who attended that meeting stated that they felt that unanswered questions remained as to how the proposed Annexation would affect them. The Planning Commission felt that it would be appropriate to continue the project to a future regularly scheduled Planning Commission meeting of September 19, 2006 in order to give ample opportunity for the residents to ask all of their questions. The Planning Commission stated that the residents would have two (2) weeks to contact the City with their questions (August 15, 2006). ~ Between August 1, 2006 and August 15, 2006, five (5) residents and/or associates came into City Hall to request general information relating to the Annexation. One AGENDA ITEM NO. '2 C2.. PACE ~ '3:> OF b '\ REPORT TO PLANNING COMMISSION SEPTEMBER 19,2006 PAGE30F5 PROJECT TITLE: MITIGA TED NEGATIVE DECLARATION NO. 2005- 12, GENERAL PLAN AMENDMENT NO. 2006-03, PRE-ZONING NO. 2006-04 AND ANNEXATION NO. 77 ~ resident questioned a rumor that the City was planning to exercise the use of "eminent domain" once the Annexation was approved. Staff explained that this was a rumor and not true. Further, a letter dated August 21,2006 from Marcy Wilson and Clara C. Smith was received at City Hall via email. The letter stated it was "written on behalf of the registered voters and land owners associated with and living at involved parcel[ s] of the annexation into Lake Elsinore." Staff sent a response letter, dated August 30, 2006, to all property owners answering the questions raised in Ms. Wilson and Ms. Smith's letter. A copy of Ms. Wilson and Ms. Smith's letter as well as a copy of the City Staff's response letter is attached. Staff feels that all questions have been sufficiently answered and again recommends approval of the Annexation. ~ Staff has included the original Staff Report dated August 1, 2006 which inclu~es the Resolutions and Conditions of Approval. PROJECT DESCRIPTION The project description remains the same per the Staff Report dated August 1,2006. The Staff Report and Resolutions are attached for your convenience and reference. Essentially, the request is a proposal to annex one hundred fifty-four (154) acres of unincorporated County land that has been previously subdivided into forty-five (45) parcels. Of the forty-five (45) parcels, twenty-six (26) parcels are occupied with rural type residential uses and a few commercial uses, while the remaining nineteen (19) parcels are vacant. The parcels are owned by many individual land owners. The topography of the land area ranges from relatively flat areas to hills consisting of natural vegetation and substantial rock outcroppings. The area is under the jurisdiction of the County of Riverside but within the City of Lake Elsinore's Sphere of Influence (SOl) area. The Annexation process requires that the City of Lake Elsinore approve a General Plan Amendment and Pre-Zoning in order to establish a regulatory procedure for future development. Ultimately, the annexation '-'" ACENDA ITEM 1JO. 2 i'2. PACE (~l\OF b' ,-.. REPORT TO PLANNING COMMISSION SEPTEMBER 19, 2006 PAGE 4 OF 5 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005- 12, GENERAL PLAN AMENDMENT NO. 2006-03, PRE-ZONING NO. 2006-04 AND ANNEXATION NO. 77 process will concurrently remove the area from the City's Sphere of Influence and place the area within the City of Lake Elsinore's incorporated City boundary. RECOMMENDATION It is recommended that the Planning Commission adopt the following Resolutions: · Resolution No. 2006-_, recommending City Council adoption of Mitigated Negative Declaration No. 2005-12; ,-.. · Resolution No. 2006-_ recommending to the City Council approval of General Plan Amendment No. 2006-03; · Resolution No. 2006-_ recommending to the City Council approval of Pre- Zoning No. 2006-04; and · Resolution No. 2006-_ recommending to the City Council approval to commence with proceedings for the properties described in Annexation No. 77. (Approval is based on the Findings, Exhibits, and Conditions of Approval). PREPARED BY: LINDA MILLER, AICP, PROJECT PLANNER APPROVED BY: Rolfe M. Preisendanz, Director of Community Development r" AGENDA ITEM NO. 0-. f).- PAGE 15 OF 6, REPORT TO PLANNING COMMISSION SEPTEMBER 19, 2006 PAGE50F5 PROJECT TITLE: MITIGA TED NEGATIVE DECLARATION NO. 2005- 12, GENERAL PLAN AMENDMENT NO. 2006-03, PRE-ZONING NO. 2006-04 AND ANNEXATION NO. 77 ""-"" ATTACHMENTS: 1. VICINITY MAP 2. RESIDENT LETTER DATED AUGUST 21,2006 3. CITY OF LAKE ELSINORE RESPONSE LETTER DATED AUGUST 30, 2006 4. PLANNING COMMISSION STAFF REPORT DATED AUGUST 1,2006 WITH THE FOLLOWING REVISED RESOLUTIONS: . RESOLUTION RECOMMENDING ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2005-12 . RESOLUTION RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT NO. 2006-03 · RESOLUTION RECOMMENDING APPROVAL OF PRE-ZONING NO. 2006-04 · RESOLUTION RECOMMENDING APPROVAL OF ANNEXATION NO. 77 5. FULL SIZED COLOR EXHIBITS (Presented at Hearing) .."" P:\ALL FILES\2006 Projects\Annexation 17 - Centex\PC Staff Report Annexation 17 2nd report -continuance 9-19-06.doc ......, AGENDA ITEM NO. :J 2- DM:J: ~ b n!: he.... j N d "0 c Ql l;:: 0 +J +J 0 ro Z u l;:: J!! +J 0 Ql Z -~Z u ..; ;;; ro a. lL 0 C 0 0 M ~ +J I ro II) x Q) Ql U ~ C .... c ro ro <( a. -0 C "0 ro :J Ql C 0 II) 0 m 0 +J a. :0 ~ 0 ~ .... (3 a. r-- ~ (I) UJ~ ~ ~~~ g :2 .~fI) i68;;~i5~ ~-=~~l2!~ ~"':!!;-li ll.;1!.!!~;j .!:u:l!,'JlouU) ,---'01 -"" '=.'1 '~;~:> ~ ,... ,... o z z o i= ~ z z < o '" f!~ ~ ~~~.~ iiI <( e!:!:!! "::2'1' ~~:!;!t oc&~~~ ~~~e.~ Monday, August 21, 2006 '--' To whom it may concern: RE: Annexation #77 My concerns are with the long time effects as well as now, on the way of life most of the residents have lived over the past 20+ years. The annexation is to give .paved roads, lighting. Landscaping alonwith other services we would be paying money for. Mr. Salome briefly mentioned Public Works is the option to paving the roads and a 6-10 year contract with 6 years into it as an option. In other words NO we would not have paved roads unless there were a need to pave and a long process took place. Something like we already have as an option. ~ If you could explain exactly what options available to us regarding the roads paved, lighting, and landscaping and such if the annexation were to go through, and the process, how long of time would be involved, exactly the options that would change from county to city for these issues. I am sure there are other services regarding the appearance and surroundings affected by annexation into the city. Annexation is bacily about appearance correct. Please supply me and other residents with some if not all of at least the top 10 codes ordnances that will change and necessary to comply with annexing into the city of lake Elsinore. Also explain in detail or supply us with the code or ordnance of unconditional I believe that is the term used, of what the parcels will be considered and how this fits into the annexation rules. To assure the laws will be followed by the residents with out misunderstanding by the land owners. There has not been very much communication done between the City of lake Elsinore, County of Riverside, and the .....,I ACENDA ITEM NO. ~Y);.... PAGE ~ 1) OF b~ r-- ~ ,-... residents effected by the annexation as well as the development taking place. We as residents have been burdens by the development of the ramsgate tracks, this has been taking place for more the 1 year and looking like going to take up the 2 years before the first resident will be moving in to any of the homes being built on the suite. As a resident we have been subjected to loud noises of beating on rocks for long periods of time (months) heavy equipment moving long into the evening hours as well as the weekends. Our path of travel is extremely damaging to our vehicles several of the residents have had damage to tires suspension, and breaks, effecting the performance. This being the means of travel we use several times daily. There is mud from running fire tlydrant making grooves and ruts along the path. Keeping your car clean from the residue of mud and dust is impossible. The muddy conditions cause scratches and affect the condition of the paint, CV joints, getting into the wheels and break system. The amount of air born pollutions is amazing there is a haze hanging you can see form 10 miles away. I would like to request the PM10 levels from the airborne dust and diesel emissions to be checked. The access is unreliable even for the fire department to have access to the residents. It was to my understanding when development of homes with in an occupied area every precaution is taken not to disturb and burden the residents living within the development. The means of travel are to be safe as possible. The path of travel for the trucks is not the same as the residents to cause as little burden as possible. There is supposed to be some form of monitoring of safety by the city or county and other regulating services. Responding to the response sent to residents regarding the issues with the development, not only was it a month before the letter sent but it was only invest aged 1 day May 18, 2006 by 1 person. To date there is serious safety issues having to do with access for fire department as well as us residents. I as well as other have requested several times that some city official come and observe for a few days the manner of ACENDA ITEM NO. !29- PACE ~ ~ OF b~ business taking place. Nothing has changed. I am sure if your life was disrupted the way our lives have been your concerns would be important to you as well. Please take the time your selves to drive through and experience what we drive and live in on a daily biases. Try to imagine have to drive over and over day after day and live with dust noise and damage for over a year. There are several disturbing incidents taking place daily. The water being one, there is none. It is very hard to want annexation into a city that is allowing and not address issues that are hazards to the safety and well being of residents affected by the conduct taking place. On a daily basis our health and belongings are affected in a negative manner as well as peace of mind. """, Thank you for the opportunity to express my opinion and will be waiting for your response to them. Sincerely Marcy Wilson And Clara C. Smith ......, This letter is written on behalf of the registered voters and land owner associated with and living at involved parcel of the annexation into lake Elsinore. Address: 28140 Missouri Trail Perris, Ca 92570 Our votes will be No on the annexation #77 NAME Marcy Wilson Clara C. Smith Lenore Clark Hailey Wilson resident 26yrs owner 26 yrs resident 15 yrs resident 18 yrs SIGNITUER X X X X ......, ACENDA'TEM r-lO..2Q- PAGE jO'IfOF_~'\- City of 1!afu:, EL1ino'u: ",f) (j' '/2 _till " uru:. Lt.!) j. ':::lot C/V\O'u. August 30, 2006 Property Owners Within the Boundaries of Lake Elsinore Annexation No. 77 RE: CITY RESPONSES TO PROPERTY OWNER COMMENTS ON ANNEXATION 77 Dear Property Owner(s): Several years ago the Riverside County Local Agency Formation Commission ("LAFCO") requested that the City of Lake Elsinore ("City") annex into the City's boundaries all "pocket" areas created by previous annexations. Property you own is located within a 154 acre "pocket" area created in 1992 as a result of another annexation. LAFCO has requested that the City annex the 154 acres. In order to ensure that this annexation occurs, LAFCO has conditioned other annexations on the City's filing of an application for Annexation 77. ,,-- The Lake Elsinore Planning Commission held a public hearing to consider Annexation 77 on Tuesday, August 1, 2006 in the Lake Elsinore Cultural Center. Many interested parties attended the public hearing and expressed concerns relating to public services and the effect of the annexation on their property rights. In response to the public comments shared at that meeting, Staff recommended to the Planning Commission that the public hearing be continued. Staff indicated that a continuance would afford all property owners additional time to express their concerns in writing and provide staff an opportunity to respond. Acting on Staffs recommendation, the Planning Commission voted to continue the public hearing on Annexation 77 until the regularly scheduled meeting of September 19, 2006. The Planning Commission requested community members to submit written questions to City Hall within two (2) weeks, which meant the deadline to submit comments was August 15,2006. In response to the extended comment period Staff received one letter from property owners affected by Annexation 77. The letter was written by Ms. Wilson and Ms. Smith on behalf of several different property owners and was dated August 21, 2006. Below is a list of the questions that were presented in that August 21, 2006 letter, followed by the City's responses. 1. Comment: "The annexation is to give paved roads, lighting." Response: ~ The annexation will not immediately include improvements to any roads nor will the annexation provide street lighting. Roads and streets within the City that need attention are placed on a capital improvement program list and are addressed as funds become available. 730 aoulh c:JlI(ain ~l'U:.d, -Cake ELiino'tel Cd!g253o fJefephone: (gog) 674-3724 'Jax: (gog) 674-2392 WWW.Lake-efiino'l.e.o'l.[J ACENDA ITEM NO. 22-. PAGe 3 \ OF b ~ Annexation 77 Property Owners RE: City's Response Letter August 30, 2006 Page 2 of6 "'-II 2. Comment: "Landscaping alonwith [sic) other services we would be paying money for." Response: The only new bill that you will receive as a result of being annexed into the City is for a city- wide Street Lighting and Maintenance District fee of $24.90 per year per home or $29.88 per acre for vacant land. 3. Comment/Question: "Mr. Salome [sic) briefly mentioned Public Works is the option to paving the roads and a 6- 10 year contract with 6 years into it as an option. In other words NO we would not have paved roads unless there were a need to pave and a long process took place. Something like we already have as an option. If you could explain exactly what options available to us regarding the roads paved, lighting, and landscaping and such if the annexation were to go through, and the process, how long of time would be involved, exactly the options that would change from county to city for these issues. " Response: Your understanding is correct. Mr. Ken Seumalo, the City Engineer, stated at the August 1, 2006 public hearing that the area would first have to be added to the Gravel Street Paving ""-'" Program before it is scheduled for any improvements. There is currently a waiting list of approximately six (6) years for any new street improvement projects within the City. 4. Comment: "Annexation is basically about appearance correct?" Response: No, annexation is not about appearance. This annexation is being processed pursuant to a request made by LAFCO that the City annex all "pocket" areas into the City's boundaries. Your property lies within a "pocket" area. In addition, LAFCO has conditioned another annexation in the City to require that the City submit an application on Annexation 77. Generally, annexations address local governmental boundaries and efficiency in the provision of governmental services. A representative of LAFCO will be present at continued Planning Commission public hearing which will take place on September 19, 2006, to answer any further questions regarding LAFCO's review of the annexation. 5. Comment: "Please supply me and other residents with some if not all of at least the top 10 code ordinances that will change and necessary to comply with annexing into the city of Lake Elsinore. Also explain in detail or supply us with the code or ordnance of unconditional I believe that is the term used, of what the parcels will be considered and how this fits into the annexation rules." ""-'" ACENDA ITEM NO. 2. ~ PACE 3~ OF ~ Annexation 77 Property Owners RE: City's Response Letter ~ August 30,2006 Page 3 of6 Response: The City's Building and Safety Division oversees the Code Enforcement Department and they collectively address code compliance. According to Mr. Robin Chipman, the Building and Safety Manager, the most important Code violations would be any and all types of illegal structures and illegal occupancy. Illegal structures could include structures that have been built without permits from Riverside County including accessory structures such as garages, carports, room additions, patios, and barns. Illegal occupancy could include R V type trailers used as residences and occupancy of illegal structures. The following are equally important Code Enforcement issues: a) exceeding the number of allowable animals on site; b) health related issues such as failing septic tanks, on site cesspools; c) abandoned/inoperable vehicles; d) trash and debris; and e) overgrown weeds. ~ In your question above you refer to "unconditional." Based upon the discussion at the August I, 2006 public hearing, we believe that you are asking about non-conforming uses. Non-conforming uses can be both legal and illegal. Legal non-conforming uses will be permitted to continue despite the annexation. However, illegal non-conforming uses may be pursued by Code Enforcement. Non-conforming uses are addressed in the Lake Elsinore Municipal Code at Chapter 17.72. A legal non-conforming use is a use that is legal under the County's zoning but that does not conform to the City's zoning once annexed. The effect of having a legal nonconforming use is that you have a right to continue using your property in the way that you were under the County's zoning. Therefore, the fact that the City has similar but not identical zoning classifications to the County does not automatically prohibit your use. Regardless of the City's zoning application, you may continue using your property as you currently are if the use of your property was legal under the County's zoning. An illegal non-conforming use is a use that is illegal in the County and which does not conform to the City's laws once the property is annexed. Illegal nonconforming uses are strictly prohibited. If the proposed annexation is approved, the 154 acres will no longer be in the County's jurisdiction and, consequently, would no longer be subject to County Code Enforcement actions. Instead, illegal nonconforming uses in this area may be pursued by City Code Enforcement. At the August 1, 2006 public hearing, several property owners expressed concern regarding the keeping of horses and other farm animals on their property. The speakers were concerned that they would be prohibited from keeping horses and other fann animals once r-- they are annexed into the City. At the public hearing, Staff explained that property owners who currently keep horses and other farm animals on their property, consistent with the County's zoning regulations, would AGENDA ITEM NO. .!2 YJ-- PACE :) ') OF b \ A1ll1exation 77 Property Owners RE: City's Response Letter August 30, 2006 Page 4 of6 ~ be permitted to maintain such use once their property is a1ll1exedinto the City so long as they qualify as non-conforming uses. This continues to be the case. For individual site specific questions relating to Building and Safety or Code Enforcement, please contact Robin Chipman, Building and Safety/Code Enforcement Manager at (951) 674 3124, extension 226. 6. Comment: "We as residents have been burdens by the development of the Ramsgate tracks, this has been taking place for more the 1 year and looking like going to take up the 2 years before the first resident will be moving in to any of the homes being built on the suite." Response: Centex Home representative, Jane Blasingham has prepared a response to the issues related to the Ramsgate development. Her responses are as follows: 1. Development has been taking place for more than 1 year and it will be 2 years before the first residents occupy the homes. .a. Construction (grading) began on September 7,2005. b. The first residents will occupy the homes (Tract 25477 Phase 6A) on November 13, 2006. '-' 2. Loud noises (beating on rocks). Heavy equipment into evening hours as well as weekends. a. The blasting work was completed several months ago. Rock breaking activities are complete unless Southern California Edison's contract crews need to break rocks to relocate the transmission poles on Riverside Street. b. Our sub-contractors only work during the hours we are allowed to work pursuant to the City of Lake Elsinore Municipal Code. A City Inspector is on-site almost everyday and monitors these activities. 3. Path of travel is damaging to vehicles. Dust and mud make it hard to keep the vehicles clean. a. We can provide photos showing the condition of Riverside Street prior to the start of our construction work. Riverside Street was a pitted, rocky, rolling dirt road that provided little to no protection from damage, it was dusty and water would collect in the low spots when it would rain. The temporary road that we have constructed is superior to the road that was formerly being used by the residents. Our activities have lessened the amount of dust because of the 8 water trucks that are in use at the site. If we lessen the amount of dust, then in consequence there will be some mud. However, we monitor the water trucks and the mud is not to the level that it was prior to the start of our construction work. 4. Air pollution is high and there is a haze seen 10 miles away. a. We have filed notices of construction activity with the South Coast Air Quality '""""'" Management District (SCAQMD). We maintain logs and records on-site as required by the SCAQMD. We have been inspected and have not received any AOENOA ITEM NO. 7-12- PAGE ~OF b' Annexation 77 Property Owners RE: City's Response Letter ,,-, August 30, 2006 Page 5 of6 violation notices. We have signs posted at the site with the number to call if there is a complaint regarding the amount of dust being generated from the site. We have not had any complaint calls to this number regarding our site. Between us and our sub-contractors there are 8 water trucks on-site every day. /'""' 5. Safety issues regarding fire access and resident access. a. The Riverside County Fire Department has physically been at the site and inspected access. They have provided approval for both tracts. Primary access is provided via Riverside Street. Secondary access is provided for through the paved emergency access road that links tract 25478 (to the south) with tract 25476. In addition, Wasson Canyon Road and Steele Valley Road (through the 25477 tract) are paved. The County Fire Department is able to also use these streets as a third access point. Fire hydrants within both tracts 25476 and 25477 are fully functioning and have been passed by Riverside County Fire Department for Fire Flow Protection. We also have water tanks at the site to provide additional fire protection. b. As part of our improvement work, we are placing fire hydrants on Riverside Street. Prior to our construction work, the existing residents in this area had little to no fire protection. The level of protection to the existing homeowners will greatly increase as the result of our improvement work. . 6. Request city officials observe construction activities. a. A City Inspector is assigned to our project and is at the site almost daily monitoring construction activities. The City Inspector drives the temporary detour road as part of his construction monitoring. If the City Inspector requests that we make any changes based on his observations, we make the changes. 7. No Water a. I am not sure of the meaning of the statement regarding water. I can answer that the existing residents have water. We are installing new water lines in Riverside Street that will increase the amount of pressure that is supplied to each existing residence. If there are issues regardingl~ck of water, the resident may contact our office or Elsinore Valley Municipal Water District. In addition to the comment letter above, Staff also received five (5) personal visits and telephone calls from people who did not attend the meeting of August 1, 2006. Those individuals were primarily requested general information about the annexation. One (1) individual requested clarification regarding whether the City intends to use eminent domain to acquire all the properties within the Annexation area. The City does not intend to exercise the use of eminent domain to acquire any property within the Annexation area, nor does the City have any pending applications to develop any property within the Annexation area. As previously stated, the Annexation 77 application was filed by the City pursuant to a directive from the Riverside Local Agency Formation Commission (LAFCO). ~ The continued Planning Commission public hearing will be held on September 19, 2006 at 6:00 p.m. in the Lake Elsinore Cultural Center. We invite all residents to attend the meeting ACENOA ITEM NO. 2f2. PACE ~S OF bL Annexation 77 Property Owners RE: City's Response Letter August 30, 2006 Page 6 of6 "'-'" and speak on the project. It is the City's hope and goal to make sure that all of your questions are answered and to keep you informed throughout the process. Sincerely, CITY OF LAKE ELSINORE www.lake-elsinore.org ! /J ! 11/ . Ii ;'[: t1;t{,dlL-- /~ J~ Linda M. Miller, AICP Project Planner Cc: Robert A. Brady, City Manger Barbara Z. Leibold, City Attorney Rolfe Preisendanz, Director of Community Development Tom Weiner, Planning Manager Ken Seumalo, Engineering Manager Robin Chipman, Building & Safety/Code Enforcement Manager .....,. ...."" ACENDA ITEM NO. .:2 ~ PACE ') b OF_ ~ CITY OF LAKE ELSINORE ~ REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: AUGUST 1,2006 PREPARED BY: LINDA MILLER, PROJECT PLANNER PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005- 12, GENERAL PLAN AMENDMENT NO. 2006-03, PRE-ZONING NO. 2006-04 AND ANNEXATION NO. 77 FOR THE PROPERTY LOCATED ADJACENT TO STATE ROUTE 74, EASTERLY OF TRELLIS LANE AND THE RAMSGA TE (CENTEX) SPECIFIC PLAN r-- APPLICANT: THE CITY OF LAKE ELSINORE, 130 SOUTH MAIN STREET, LAKE ELSINORE, CALIFORNIA 92562 PROJECT REQUESTS · Mitigated Negative Declaration No 2005-12. The City of Lake Elsinore intends to adopt a Mitigated Negative Declaration (MND) for annexation purposes only pursuant to Article 6 (Negative Declaration Process) and Section 15Q70 (Decision to Prepare a Negative or Mitigated Negative Declaration) as established by the California Environmental Quality Act , (CEQA). r-- · General Plan Amendment No. 2006-03. The City of Lake Elsinore is initiating an amendment to the City's Sphere of Influence (SOl) and General Plan Land Use Map designations by changing the land use designations of the subject property consisting of approximately one hundred fifty-four (154) acres. The review and analysis of this General Plan Land Use Amendment is pursuant to Government Code Section(s) 65350 through 65362, the Lake Elsinore General Plan and Chapter 17.92 (Hearings) of the Lake Elsinore Municipal Code (LEMC). AGENDA ITEM NO. 2"2- PAGE2:LoF__b tt REPORT TO PLANNING COMMISSION ...J AUGUST 1, 2006 PAGE 2 OF 13 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005- 12, GENERAL PLAN AMENDMENT NO. 2006-03, PRE-ZONING NO. 2006-04 AND ANNEXATION NO. 77 . Pre-Zoning No. 2006-04. Conforming and consistent to the proposed amendment to the General Plan Land Use Map, the City of Lake Elsinore is also initiating an application to change the Zoning (Pre-Zoning) of the subject project area from the County of Riverside's zoning designations to the City of Lake Elsinore's Pre-Zoning designations. The review and analysis of the requested Pre-Zoning is pursuant to Government Code Section(s) 65350 through 65362 and Chapter 17.92 (Hearings) & Chapter 17.84 (Amendments) of the Lake Elsinore Municipal Code (LEMC). . Annexation No. 77. The City of Lake Elsinore is proposing an annexation of approximately one hundred fifty-four (154) acres from the County of Riverside's jurisdiction but within the Sphere of Influence area ofthe City of ....., Lake Elsinore. The annexation has been initiated by the City of Lake Elsinore pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of2000 (Government Code Section 56000-56001) and the standards, policies and directives of the Riverside Local Agency F ormation Commission (LAFCO). PROJECT LOCATION The one hundred fifty-four (154) acre, irregularly shaped, Annexation area is located adjacent to State Route 74 (SR-74). Forty (40) parcels are located south ofSR 74 and four (4) parcels are located north ofSR-74. Trellis Lane creates the western boundary. The southerly property line "zigzags" along the boundary of the neighboring Centex development currently under construction and within the City of Lake Elsinore's City Limits. The eastern boundary is just past the residential lots fronting Missouri Drive. The central access road is Riverside Street. The existing County of Riverside General Plan Designation is Very Low Density (VLD) and Commercial Retail (CR), and the Zoning Designations are R-A-20,000 (Residential Agriculture) and C-P-S (Scenic Highway Commercial). ......, . AGENDA ITEM NO. ?- iJ-. PACE 3~ OF 6~ ,-... REPORT TO PLANNING COMMISSION AUGUST 1,2006 PAGE 3 OF 13 PROJECT TITLE: MITIGA TED NEGATIVE DECLARATION NO. 2005- 12, GENERAL PLAN AMENDMENT NO. 2006-03, PRE-ZONING NO. 2006-04 AND ANNEXATION NO. 77 ENVIRONMENTAL SETTING Project ResidentialN acantlCommercial Site North ResidentialNacant r-- South ResidentialN acant East. ResidentialN acant West ResidentialN acant BACKGROUND C-P-S & RA 20,000 Coun ) Very Low Density ( County) & Commercial Ci R-A-20 000 , (County) & RR, MD Ci ) MD (Medium Densi (Ci MD (Medium Densi Ci VLDR & CR (Coun VLDR (County) & North Peak Specific Plan (City) Future SP Area 'F' & Ramsgate S ecific Plan Ci Ramsgate Specific Plan Ci Ramsgate Specific Plan Ci The land area of Annexation No. 77 is known as one of two "pocket" areas created by the approval of the City of Lake Elsinore's Annexation for North Peak. The North Peak Annexation was approved in 1992 pursuant to LAFCO Annexation No. 1991-43- 1, 5. At that time LAFCO approved the annexation with the understanding that the pocket area annexations would follow the North Peak Annexation. The first of the pocket area annexations was brought before LAFCO for approval on October 27, 2005. This Annexation is known as LAFCO Annexation 2005-50-1 (City Annexation No. 71- Merritt Luster). LAFCO has conditioned fmal approval of Annexation No. 71 (Merritt Luster) on the submittal of City of Lake Elsinore's Annexation No. 77 to r.... LAFCO. AOErmA ITEM NO. 2,1).... PAGE .3'\ OF b~ REPORT TO PLANNING COMMISSION "'" AUGUST 1,2006 PAGE 4 OF 13 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005- 12, GENERAL PLAN AMENDMENT NO. 2006-03, PRE-ZONING NO. 2006-04 AND ANNEXATION NO. 77 LAFCO suggests that Cities hold Public Meetings prior to processing annexations to provide an opportunity for residences to comment and ask questions concerning the annexation proposal. Staffheld a Public "Outreach" Meeting on May 17,2006 for that purpose. Approximately 50 to 70 residences attended the meeting. The majority of the questions were focused on the existing neighboring Centex Home development. Other questions related to possible costs that could be assessed to the existing residences if the Annexation were approved. Staff explained at the meeting that the only increase in costs to the property owners associated to the Annexation would be a Street Lighting and Maintenance District fee of$24.90 per year per home or $29.88 per acre for vacant land. All questions were answered in a City letter sent to residents on June 19, 2006. This letter is attached as an exhibit of this report. 'will PROJECT DESCRIPTIONlS) The proposed annexation consists of one hundred fifty-four (154) acres that has been previously subdivided into forty-five (45) parcels. Of the forty-five (45) parcels, twenty-six (26) are occupied with rural type residential uses and a few commercial uses, while the remaining nineteen (19) parcels are vacant. The parcels are owned by many individual land owners. The land area ranges from relatively flat areas to hills consisting of natural vegetation and substantial rock outcroppings. The area is under the jurisdiction of the County of Riverside but within the City of Lake Elsinore's Sphere of Influence (SOl) area. The Annexation process requires that the City of Lake Elsinore approve a General Plan Amendment and Pre-Zoning designations in order to establish a regulatory procedure for future development. This process will concurrently remove the area from the City's Sphere of Influence and place the area within the City of Lake Elsinore's city boundary. GENERAL PLAN AMENDMENT NO. 2006-03 The City of Lake Elsinore is initiating this amendment to the General Plan Land Use '-"" Map as part of the Annexation process. Annexation will allow the City to change the AOENDA ITEM NO. '2T)... PAOE . 4-0 OF b \ r-- REPORT TO PLANNING COMMISSION AUGUST 1, 2006 PAGE 5 OF 13 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005- 12, GENERAL PLAN AMENDMENT NO. 2006-03, PRE-ZONING NO. 2006-04 AND ANNEXATION NO. 77 existing County of Riverside's General Plan Designation's of Very Low Density (ldwelling unit/.5 acre) and Commercial Retail (FAR =.3) to City of Lake Elsinore's General Plan Land Use Designation of V ery Low Density (1 dwelling unit/2acres) for the four (4) parcels identified as Assessor Parcel Numbers (APN's) 374-110-071,347- 110-074,347-110-075 and 349-400-034, Low-Medium Density (6 dwelling units/acre) on forty (40) parcels and Medium High Density (18 dwelling units/acre) and Low- Medium Density (6 dwelling units/acre) on one (1) parcel (APN 347-100-003). Staff has concluded that with single family residential uses approaching on two sides ofthis project area, a continuation of the Low-Medium Density residential designation /""' would be acceptable. The Very Low Density designation was proposed on the northern side of State Route 74 since the land area begins to rise, creating rolling hills from State Route 74 which could restrict residential development to more rural type uses. PRE-ZONING NO. 2006-04 Prior to the annexation of the land area, the City Council is required to adopt a ~re- Zoning ordinance to delineate the zoning that will apply to the property to be annexed to the City (Government Code Section 56375 (a). Corresponding and consistent with the proposed General Plan Amendment (referenced above), the City of Lake Elsinore is also initiating changes from the County of Riverside's Zoning designations ofC-P-S (Scenic Highway Commercial) on APN 347-100-003 and R-A-20,000 (Residential Agriculture) on the remaining parcels to R-3 (High Density Residential District) and R-I (Single Family Residential District) on APN 347-100-003, RR (Rural Residential District) onAPN's374-110-071, 347-110-074, 347-110-075 and 349-400-034, and the remaining parcels to R-l (Single Family Residential District). The proposed Pre- Zoning designations are pursuant to the regulations governing all applicable chapters of the Lake Elsinore Municipal Code (LEMC). /""' ACENDA ITEM NO. ~ '2- PACE ~, OF ~<\ ~ REPORT TO PLANNING COMMISSION ~ AUGUST 1,2006 PAGE 6 OF 13 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005- 12, GENERAL PLAN AMENDMENT NO. 2006-03, PRE-ZONING NO. 2006-04 AND ANNEXATION NO. 77 ANNEXATION NO. 77 The Annexation is being initiated by the City of Lake Elsinore pursuant to the directive of LAFCO. As mentioned, the North Peak Annexation approved in 1992 was approved with the understanding that at a future time the City would annex the two (2) "pocket" areas. created by the North Peak Annexation. The larger of the "pockets" is the current Annexation, Annexation No. 77. The second "pocket" is Annexation No. 71 (Merritt Luster/Centex - City Council approval December 14, 2004). Since residential development slowed shortly after the LAFCO directive and the developers of the North Peak project experienced financial difficulties, the processing of the "pocket" annexations were postponed. Now, due to the recent surge in residential development including the adjacent single family development known as Ramsgate, ~ this directive has become a priority. Approval of the Annexation will comply with the LAFCO requests to "close" the "pocket" created by the previously approved and conditionally approved annexations. MITIGATED NEGATIVE DECLARATION NO. 2005-12 As defined by Section 15063 of the California Environmental Quality Act (CEQA) Guidelines, an Initial Study was prepared in order to provide the City with information necessary in determining whether an Environmental Impact Report (EIR), Negative Declaration or Mitigated. Negative Declaration would be the appropriate necessary environmental documentation and clearance for the subject project contained herein. According to section 15070(b) of the California Environmental Quality Act (CEQA) a Mitigated Negative Declaration was appropriate since it deemed that although the proposal for the Annexation, General Plan Amendment, and Pre-Zoning of the one hundred fifty-four (154) acres could result in significant effects, mitigation measures were available reducing these significant effects to insignificant levels. The Initial Study, Mitigation Monitoring Plan and Notice of Intent to Adopt a Mitigated Negative Declaration was circulated to the State Clearinghouse for the ......, required thirty (30) day public and agency review period. The thirty (30) day review AOENDA ITEM rm. 2. ~ PAGE 4~ 01: h~ r-- REPORT TO PLANNING COMMISSION AUGUST 1, 2006 PAGE 7 OF 13 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005- 12, GENERAL PLAN AMENDMENT NO. 2006-03, PRE-ZONING NO. 2006-04 AND ANNEXATION NO. 77 period ended on June 3, 2006. No comments were received. The documents were revised to accommodate a request by the owner of APN 347-100-003 to designate his property to Medium High Density with a Pre-zoning of (High Density Residential District) instead of the originally planned General Plan Designation of Low Medium Density with a Pre-Zoning designation of R-3 (High Density Residential). A narrow strip ofland will be designated Low Medium Density with a Pre-Zoning ofR-l (Single Family Residential District), consistent with the properties adjacent and across from this narrow strip. The environmental consultant found that this change did not constitute recalculating the documents. /"'""' ANALYSIS This proposal is limited to the action of Pre-Zoning the property and amending the City's Sphere of Influence and General Plan to incorporate the site into the City's boundaries. Pre-Zoning the property establishes a regulatory procedure that must be followed for future development to occur, subject to future City of Lake Elsinore approvals and environmental review. Therefore, Pre-Zoning the property does not permit development of the property. . The State of Cali fomi a Government Code Section 56653 requires that an applicant for annexations of parcels into the City of Lake Elsinore include a "Plan of Services" report as a critical element ofthe annexation process. As required, the Plan of Services Report ( see attachment) provides a comprehensive evaluation of the existing municipal services to the Project, as well as an evaluation of future services upon annexation. The report enumerates and describes the services to be provided, the levels of service (LOS) and range of those services, the feasibility of extending such services, any upgrades or additional facilities required by the City, and a description of when services will commence. The report found that none to minimum municipal service impacts would occur due to the annexation of the area. /"'""" AOENDA ITEM NO. 22- . PACE 4 ') OF b ~ REPORT TO PLANNING COMMISSION ....., AUGUST 1,2006 PAGE 8 OF 13 PROJECT TITLE: MITIGA TED NEGATIVE DECLARATION NO. 2005- 12, GENERAL PLAN AMENDMENT NO. 2006-03, PRE-ZONING NO. 2006-04 AND ANNEXATION NO. 77 ENVIRONMENTAL DETERMINATION The proposed Mitigated Negative Declaration No. 2005-12 has been prepared pursuant to Article 6 (Negative Declaration Process) and Section 15070 (Decision to Prepare a Negative or Mitigated Negative Declaration) of the California Environmental Quality Act (CEQA). Based on.staffs evaluation,.the proposed project will not result in any significant effect on the environment. Further, pursuant to Section 15073 (Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration) of the California Environmental Quality Act (CEQA), the intended Mitigated Negative Declaration was submitted to the State Clearinghouse on May 1, 2006 for the required 30 day review period, which ended on June 1, 2006. No comments have been received. ......" RECOMMENDATION It is recommended that the Planning Commission adopt the following Resolutions: Resolution No. 2006-_, recomme~ding City Council adoption of Mitigated Negative Declaration No. 2005-12; Resolution No. 2006-_ recommending to the City Council approval of General Plan Amendment No. 2006-03, Resolution No. 2006-_ recommending to the City Council approval of Pre-Zoning No. 2006-04, and Resolution No. 2006-_ recommending to the City Council approval to commence with proceedings for the properties described in Annexation No. 77. Approval is based on the following Findings, Exhibits, and attached Conditions of Approval. FINDINGS - MITIGATED NEGATIVE DECLARATION NO. 2005-12 1. Revision in the project plans or proposal made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. ....., ACENDA ITEM NO. 2':2. PACE ~'-\ OF b \ ~ REPORT TO PLANNING COMMISSION AUGUST 1,2006 PAGE 9 OF 13 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005- 12, GENERAL PLAN AMENDMENT NO. 2006-03, PRE-ZONING NO. 2006-04 AND ANNEXATION NO. 77 The applicant has made revisions to the project or has agreed to specific conditions which would avoid the effects or mitigate the effects of the project to a point where no significant effects would occur. 2. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have a significant effect on the environment. Pursuant to the evidence received in the light of the whole record presented by staff to the Planning Commission, the project will not have a significant effect ~ on the environment considering the Mitigation Monitoring Report Program. FINDINGS -GENERAL PLAN AMENDMENT NO. 2006-03 /"""' 1. The proposed General Plan Amendment will not be; a) detrimental to the health, safety, comfort or general welfare ofthe persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed General Plan Amendment has been analyzed relative to its potentiality to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. Staff believes that the health, safety and welfare of the persons residing or working within the neighborhood of the property may be improved due to the future development that could include improvements to infrastructure such as water and sewer lines, lighting and paving of existing dirt right of ways. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. Staff, concluded that the current rapid development of a major single family residential development adjacent to the Annexation area (Ramsgate) is a strong indication that the area is rapidly changingfrom rural type uses toan area with . . ACENDA ITEM NO. 2-tJ.- PACE U <:> OF b '\ REPORT TO PLANNING COMMISSION ,..." AUGUST 1,2006 PAGE 10 OF 13 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005- 12, GENERAL PLAN AMENDMENT NO. 2006-03, PRE-ZONING NO. 2006-04 AND ANNEXATION NO. 77 more suburban type uses. The General Plan Amendment proposes land use changes from the County's designation of Very Low Density Residential to Low Medium Density will allow the continuation of the single family home development. 3. The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property's location, access, and constraints. The Annexation will establish land uses more consistent with the land uses adjacent and nearby the area. The neighboring major single family residential development is bringing infrastructure improvement to the western boundary of the Annexation. Improvements include all required utilities as well as major road improvements. Major commercial development (Costco/Lowe's, Home Depot and Target Centers) are currently open and operating or are near completion and are located less that five miles from the Annexation area. 4. The proposed General Plan Amendment will not have a significant effect on the environment. The proposed General Plan Amendment was included within the description of the project's Initial Study. Based on the Initial Study, staff intends to adopt a Mitigated Negative Declaration, which concluded with mitigations that the project, upon annexation, will not have a significant effect on the environment. FINDINGS - PRE-ZONING NO. 2006-04 1. The proposed zone change will not be; a) 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, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed Pre-Zoning has been analyzed relative to its potential to be detrimental to the health; safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. Staff believes ACENDA ITEM NO. ;2':2-- PACE ~ b OF_b~ ,..." ......." .~ REPORT TO PLANNING COMMISSION AUGUST 1,2006 PAGE 11 OF 13 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005- 12, GENERAL PLAN AMENDMENT NO. 2006-03, PRE-ZONING NO. 2006-04 AND ANNEXATION NO. 77 ~ that the health and safety of the persons residing or working within the neighborhood of the property may be improved due to the future development that could include improvements to infrastructure such as water and sewer lines, lighting and paving of existing dirt right of ways. 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan ap.d the development standards established with the Lake Elsinore Municipal Code (LEMC). Based on its analysis, staff has concluded that the requested Pre-Zoning, allowing the annexation of the subject property is consistent with GOAL 1.0 of the General Plan in that this Pre-Zoning will assist in achieving the City's goal to provide "decent housing opportunities and a satisfying living environment for residents of Lake Elsinore ". FINDINGS - ANNEXATION NO. 77 ~ 1. The proposed annexation area is contiguous to the City of Lake Elsinore and will not create pockets or islands. The proposed annexation area is contiguous on two sides to the Ramsgate Specific Plan area on the easterly boundary of the project and will be a reasonable extension of the city boundary areas in that the annexation of the proposed parcels will not create anypockets or islands an, infact, is removing an existing pocket. 2. The proposed annexation will not result in any adverse significant impacts on the environment. As defined by Section 15063 of the California Environmental Quality Act (CEQA) Guidelines, an Initial Study was prepared in order to provide the City with information necessary in determining whether an Environmental Impact Report (EIR), Negative Declaration or Mitigated Negative Declaration would be the appropriate necessary environmental documentation and clearance for the subject project contained herein. According to section 150?0(b) of the ACENDA ITEM NO. 2~ PACE ~ \ OF 6 ~ REPORT TO PLANNING COMMISSION AUGUST 1,2006 PAGE 12 OF 13 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005- 12, GENERAL PLAN AMENDMENT NO. 2006-03, PRE-ZONING NO. 2006-04 AND ANNEXATION NO. 77 ..." California Environmental Quality Act (CEQA) a Mitigated Negative Declaration was appropriate since it deemed that although the proposalfor the Annexation, General Plan Amendment, Pre-Zoning could result in significant effects, mitigation measures were available reducing these significant effects to insignificant levels. 3. The proposed annexation will eliminate an existing undesired pocket of the county area. The annexation is being initiated by City of Lake Elsinore pursuant to the directive of the Riverside Local Agency Formation Commission (LAFCO) regulations originally commission in 1992 and again requested by LAFCO in 2004. The one hundred fifty-four (J 54) acre project is an existing pocket of County of Riverside jurisdiction. Approval of the Annexation will eliminate this pocket and create a continuous City of Lake Elsinore boundary. --' PREPARED BY: LINDA MILLER, AICP, PROJECT PLANNER APPROVED BY: ~ Rolfe M. Preisendanz, Director of Community Development ....., ACENDA ITEM NO. .::2!;:l.. PACE ~ ~ OF b \. ,....... REPORT TO PLANNING COMMISSION AUGUST 1,2006 PAGE 13 OF 13 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005- 12, GENERAL PLAN AMENDMENT NO. 2006-03, PRE-ZONING NO. 2006-04 AND ANNEXATION NO. 77 ATTACHMENTS: r' 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTIONS 3. PLANNING COMMISSION CONDITIONS OF APPROVAL 4. PROPERTY OWNERS LETTER DATED JUNE 19,2006 5. NOTICE OF DETERMINATION - NEGATIVE DECLARATION 6. REDUCED EXHIBITS: a. REGIONAL AND VICINITY MAP b. EXISITNG GENERAL PLAN DESIGNATION c. PROPOSED GENERAL PLAN DESIGNATION d. EXISTING ZONING e. PROPOSED ZONING (PRE-ZONING) f. SITE PHOTO MAP 7. MITIGATED NEGATIVE DECLARATION NO. 2005-12/MITIGATION MONITORING PLAN 8. SCOPE OF SERVICES REPORT 9. FISCAL ANALYSIS REPORT 10.FULL SIZED COLOR EXHIBITS (same as Exhibits listed above, presented at Hearing) ",-.. AGENDA ITEM NO.?- iJ.- : PACiE ~ ~ OF b'\. -0 Q) C <+= 0 += :;:: o tV Z ~ (/) -.;::: a; 0 o Z tV a.. <1z;; - u.. o o C') ~ tV -0 C ::J o m ~ o ..~ ) (" .~ C o ;:; I tV (/) X Q) Q) 0 C .... C tV <( a.. -0 tV Q) C (/) 0 o ;e a. -0 e -0 a.. <( II j is 56 i :Ii:: l38.. ;mQ h~ii!!z p:!.r5~! IHjJ~1 ...., ... .; l!l d II ,.... ,.... d z z ......, o a z z ~ o ... t!!~ ~ ~~~..~ m< e"'-= .:Eg~, ~~m";!' o,z ~.!! bO'=-~ <3 ~ ~ e. ~ ....., \..~..~.... .....c'.:~ ~.. 22- ...... Lot ",-. RESOLUTION NO. 2006-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2005-12 WHEREAS, the City of Lake Elsinore has initiated an application for General Plan Amendment No. 2006-03, Pre-Zoning No. 2006-04, and Annexation No. 77 for a one hundred fifty-four (154) acre site located adjacent to State Route 74; and ~ WHEREAS, Annexation 77 is defined as a "project" by Section 21065 of the California Environmental Quality Act (CEQA), Cal. Public Resources Code Section 21000 et seq., which is defined 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. 2005-12 has been prepared to evaluate environmental impacts resulting with the project; and - WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for approving Mitigated Negative Declaration's; and WHEREAS, public notice of said applications has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on August I, 2006. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: ~.. ACENDA ITEM NO. "2 '2... PACE S \ OF b'\ PLANNING COMMISSION RESOLUTION NO. 2006- Page 2 of3 ......, SECTION 1. The Planning Commission has considered the proposed Mitigated Negative Declaration No. 2005-12, prior to making a decision to recommend approval to the City Council. The Planning Commission finds and determines that Mitigated Negative Declaration No. 2005-12 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Mitigated Negative Declaration No. 2005-12 has been made as follows: 1. Revision in the project plans or proposal made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. The applicant has made revisions to the project or has agreed to specific conditions which would avoid the effects or mitigate the effects of the project ......, to a point where no significant effects would occur. 2. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have a significant effect on the environment. Pursuant to the evidence received in the light of the whole record presented by staff to the Planning Commission, the project will not have a significant effect on the environment considering the Mitigation Monitoring Report Program. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this first day of August, 2006, by the following vote: A YES: COMMISSIONERS: ....., NOES: COMMISSIONERS: AOENDA ITEM NO. ?-J- PACE S~ OF b\ r" r" r" PLANNING COMMISSION RESOLUTION NO. 2006- Page 3 of3 ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: Rolfe M. Preisendanz, Director of Community Development Michael O'Neal, Chairman Lake Elsinore Planning Commission AGENDA ITEM NO. :;2 ~ PACES":> OF t ~ RESOLUTION NO. 2006- "-'" A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF GENERAL PLAN AMENDMENT NO. 2006-03 AMENDING THE GENERAL PLAN LAND USE DESIGNATIONS ON ONE HUNDRED FIFTY-FOUR (154) ACRES ADJACENT TO STATE ROUTE 74, EAST OF TRELLIS LANE WHEREAS, the City of Lake Elsinore has initiated proceedings to amend the General Plan Land Use Map as part of an annexation process, thereby requesting a General Plan Amendment on one hundred fifty-four (154) acres; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for changes to the General Plan Land Use Map; 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 1,2006. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed General Plan Amendment No. 2006-03, prior to making a decision to recommend that the City Council approve the proposed changes to the General Plan Land Use Map. The Planning Commission fmds and determines that Mitigated Negative Declaration No. 2006-02 is adequate - and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of General Plan '-' Amendment No. 2006-03 have been made as follows: ACENDA-I~ry,;N.O. "J- ~ . PA,9E St\ :PF b '\ l' -'_.__-_. ._.__...'_ ",...- r-- r' PLANNING COMMISION RESOLUTION NO. 2006-_ Page 2 of3 1. The proposed General Plan Amendment will not be; a) 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, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed General Plan Amendment has been analyzed relative to its potential to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. Staff believes that the health, safety and welfare of the persons residing or working within the neighborhood of the property may be improved due to the future development that could include improvements to infrastructure such as water and sewer lines, lighting and paving of existing dirt right of ways. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. Staff, concluded that the current rapid development of a major single family residential development adjacent to the Annexation area (Ramsgate) is a strong indication that the area is rapidly changing from rural type uses to an area with more suburban type uses. The General Plan Amendment proposes land use changes from the County's designation of Very Low Density Residential to Low Medium Density will allow the continuation of the single family home development. 3. The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property's location, access, and constraints. The Annexation will establish land uses more consistent with the land uses adjacent and nearby the area. The neighboring major single family residential development is bringing infrastructure improvement to the western boundary of the Annexation. Improvements include all required utilities as well as major road improvements. Major commercial development (Costco/Lowe's, Home Depot and Target Centers) are AGENDA ITEM. NO. ~ ~ PAGE SS OF ~ PLANNING COMMISION RESOLUTION NO. 2006- Page 3 of3 ~ currently open and operating or are near completion and are located less that five miles from the Annexation area. 4. The proposed General Plan Amendment will not have a significant effect on the environment. The proposed General Plan Amendment was included within the description of the project's Initial Study. Based on the Initial Study, staff intends to adopt a Mitigated Negative Declaration, which concluded with mitigations that the project, upon annexation, will not have a significant effect on the environment. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this first day of August, 2006, by the following vote: ...., A YES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz, Director of Community Development '-' AGENDA ITEM NO. 2..'";)-. PAGE S6 OF 0'\ ,-.... RESOLUTION NO. 2006-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF PRE-ZONING NO. 2006-04 SUBJECT TO COMPLETION OF THE ANNEXATION NO. 77 LOCATED ADJACENT TO STATE ROUTE 74, EAST OF TRELLIS LANE. WHEREAS, the City of Lake Elsinore has initiated to change the Zoning of the subject approximately one hundred fifty-four (154) acre site from County of Riverside's zoning designations to City 'of Lake Elsinore's Pre-Zoning designations; and WHEREAS, the Pre-Zoning application is conforming and consistent to the ,-.... proposed application amended the City of Lake Elsinore's General Plan Land Use Map; and WHEREAS, City of Lake Elsinore has submitted an additional application for Annexation No. 77; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for changes to the approved Zoning Map; 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 1, 2006. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: . SECTION 1. The Planning Commission has considered the proposed Pre- ,-.... Zoning No. 2006-04, prior to making a decision to recommend that the City Council approve the proposed amendment to the Zoning Map. The Planning -.. ------.--Commission finds and determines that Mitigated Negative Declaration No. 2005- ACE~DA ITEM NO. 2~ .;PACE Sl OF 6'\ PLANNING COMMISSION RESOLUTION NO. 2006-_ Page 2 of3 ...,,; 12 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Zone Change No. 2006-04 has been made as follows: I. The proposed zone change will not be; a) 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, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed Pre-Zoning has been analyzed relative to its potential to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. Staff believes that the health and safety of the persons residing or working within the neighborhood of the property may be improved due to the future development that could inclu4e improvements to infrastructure such as water and sewer lines, lighting and paving of existing dirt right of ways. 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan and the development standards established with the Lake Elsinore Municipal Code (LEMC). Based on its analysis, staff has concluded that the requested Pre-Zoning, allowing the annexation of the subject property is consistent with GOAL 1.0 of the General Plan in that this Pre-Zoning will assist in achieving the City's goal to provide "decent housing opportunities and a satisfying living environment for residents of Lake Elsinore". ....., SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this first day of August, 2006, by the following vote: "-" ACENDA 'TEM NO.-.2.?-. PACE_Sa OF bet ",..... PLANNING COMMISSION RESOLUTION NO. 2006-_ Page 3 of3 AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission r-- ATTEST: Rolfe M. Preisendanz, Director of Community Development /""" ACENDA ITEM NO. 2 ~ . _ PACE S\ OF b' RESOLUTION NO. 2006- ~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL THE COMMENCEMENT OF PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO. 77 INTO THE CORPORATE BOUNDARIES OF THE CITY OF LAKE ELSINORE LOCATED ADJACENT TO STATE ROUTE 74, EAST OF TRELLIS LANE WHEREAS, the City of Lake Elsinore has initiated the annexation of the subject approximately one hundred fifty-four (154) acre site from the County of Riverside's jurisdiction and within the City of Lake Elsinore's Sphere of Influence area, into the corporate boundaries of the City of Lake Elsinore; and WHEREAS, this proposal is made pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000- 56001); and ...., WHEREAS, the City of Lake Elsinore has initiated Pre-Zoning No. 2006- 04; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for annexations; 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 with respect to this item on August 1,2006. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the request for the annexation (Annexation No. 77), prior to making a decision to recommend that the City Council commence proceedings to annex the subject territory. The Planning ...., . AGENDA ITEM NO. ::J- ~ . PAGE 60 OF , ~ /'"' r-' PLANNING COMMISSION RESOLUTION NO. 2006-_ Page 2 of3 12 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Zone Change No. 2005-09 has been made as follows: 1. The proposed zone change will not be; a) 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, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed Pre-Zoning has been analyzed relative to its potential to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the' neighborhood of the proposed amendment. Staff believes that the health and safety of the persons residing or working within the neighborhood of the property may be improved due to the future development that could include improvements to infrastructure such as water and sewer lines, lighting and paving of existing dirt right of ways. 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan and the development standards established with the Lake Elsinore Municipal Code (LEMC). Based on its analysis, staff has concluded that the requested Pre-Zoning, allowing the annexation of the subject property is consistent with GOAL 1.0 of the General Plan in that this Pre-Zoning will assist in achieving the City's goal to provide "decent housing opportunities and a satisfying living environment for residents of Lake Elsinore". SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this first day of August, 2006, by the following vote: AGENDA ITEM NO$1: PAGE_ b \ OF_ '\ PLANNING COMMISSION RESOLUTION NO. 2006- Page 3 of3 ......, A YES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: ....., Rolfe M. Preisendanz, Director of Community Development -......,t1f AGENDA ITEM NO. ;2;J-.. . PACE b~ Of b'\. GENERAL CONDITIONS 1. The City of Lake Elsinore shall defend (with counsel), indemnify, and hold harmless City Official, Officers, Employees, Consultants 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 project, 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. ANNEXATION NO. 77 ~ 2. The annexation of said property shall comply with the requirements contained in the Cortese-Knox-Herzberg Local Government Reorganization Act of 2000 (Government Code Section 56000-56001) and the standards and policies established by the Riverside Local Agency Formation Commission (LAFCO). 3. All entitlements contained herein are subject to the completion and approval of the annexation of the subject property. I"'"' ACENDA ITEM NO. .. 1-- r,h : PACE b^-> OF b'\ ......., ",n /7: to.' /.2 t _II II " Vne. '-"'j j. '::::70 <::::/V\o't-t: June 19,2006 Property Owner(s) Within Annexation No. 77 RE: RESPONSES TO QUESTIONS DISCUSSED AT THE PUBLIC SCOPING MEETING Dear Property Owner(s): Your attendance and participation at last month's (May 17, 2006) Annexation Public Scoping Meeting was appreciated. Staff is pleased to provide you with this follow up letter in response to the questions that were raised at that meeting. CENTEX RELATED ISSUES ......., Although many of the questions associated to the project known as "Centex Homes" were not directly related to the Annexation in question, it was made clear that there are several concerns regarding the current construction situation. Therefore, the City asked Centex to respond to questions related to dust, mud, blasting, cliffs, detour road/signs, Wasson Canyon Road closure, riding horses, and rude behavior. Jane Blasingham, of Centex Homes went to the Centex site the next day (May 18, 2006) and reported the following: Dust: Centex has nine (9) water trucks on the site. The trucks work throughout the day to keeping down the dust. Ms. Blasingham reported that she drove the site and her vehicle did not generate any dust. She also watched approximately five (5) residents drive through the site, and their vehicles did not generate dust. Mud: Ms. Blasingham found that themtidwas the result of the water trucks trying to control the dust. She stated that there was an excessive amount of mud at the east of Riverside Street due to water trucks stopping at that location. She discussed this with the truck drivers and the over watering situation has been resolved. Blasting: Ms. Blasingham. stated that the blasting was to stop as of May 18, 2006, except for one man-hole. A neighboring track to the Centex tract is blasting and that may be were the ......., noise is coming from. 130 .douth dt(ain .dtud, -Cake. Elj.inou., Cd! 92530 fJc.~pholU: (909) 674-3124 9ax: (909) 674-2392 wcuw.lake.-c.lj.iliotc..O'Lf} AGENDA ITEM NO. ;2.:;" PAror: t.. L ,.... lOt Property Owners within Annexation No. 77 ~ June 19,2006 Page 2 of 4 Cliffs: Ms. B1asingham was unsure of the cliffs in question. This issue may need to be discussed at a subsequent meeting. She directed the on-site manager to place orange fencing or caution tape along the tops of slopes. Detour Road/Signs: She felt that the Detour Road was maneuverable. There seemed to be problems keep detour signs on the site. She was told that the Detour Road signs were removed or knocked down at night. She asked the field manager about the report of someone driving in a ditch, but no incident was known or reported. Wasson Canyon Road Closure: This road has been closed with permission from the City. Resident's have been directed to use Riverside Street. Horse Riding: Since the Centex site is in a state of on-going' construction, riding horses through the area is considered to be unsafe. A property owner was stopped from riding his horse through the project by the on-site field manager. No horse trails were planned for the new Centex /'"' development, primarily, because the development is all standard sized, R-I, Single Family Residential development lots. Rude Behavior: Ms. Blasingham spoke to the construction team and no incidents were reported or known by anyone. , Since this initial research, Ms Blasingham has decided that it would be a benefit to both the property owners and Centex to hold an additional meeting at the Centex project site to discuss these issues and any other issues regarding the Centex development. An invitation to this more informal meeting will be forthcoming. UTILITIESIINFRASTRUCTURE CONCERNS A property owner will not be required to connect to any utility company such as water, sewer, or gas unless the property owner's system creates a health hazard for the property owner or neighboring owner. ".-. Water Elsinore Valley Municipal Water District (EVMWD) was contacted regarding the question of whether current property owners with private wells would be required to join the Water District if the property was annexed. The answer is NO. The only reason that a well owner would be required to join a water district is if it was fOund that the well was providing unsafe water and thus was determined to be a health issue. Currently, water 'lines have been extended down Riverside Street, Missouri Trail and Laister Road. If a property owner decides to join the water district, the water connection fee for a~" meter is $5,971.00. .vl:NDA ITEM NO. 121: " ." PAGE b 5 OF " Property Owners within Annexation No. 77 June 19, 2006 Page 30f 4 ......" Sewer Currently there are sewer lines in the Centex project to the west of Trellis Lane. Sewer lines will be extended as the neighboring Centex project is built. A property owner could contact EVMWD for a cost to hook up to a sewer system. Gas According the Southern California Gas Company the closest gas line is currently in State Route 74. To determine the cost of bring gas to a site the Gas Company suggesting going to their web site at socalgas.com. Cost to bring a gas line to a residence is calculated on a case by case basis. Several property owners could join together to bring a line to their properties for a possible savings. Eventually, a gas line will be brought down Riverside Street. KEEPING EXISTING ANIMALS The City will not require a property owner to remove any existing animals, but if the number of animals exceeds the City's zoning code and as the animals are removed for various reasons, the animals would not be allowed to be replaced more than what is allowed per the zoning requirement. Currently four (4) equine, bovine, swine, sheep or goats are allowed per acre in the R-l zone, which is the zone proposed for the site. For each additional acre, two (2) additional animals are allowed (for example, six (6) animals on two (2) acres). ...." EXISTING NON-CONFORMING USES All existing non-conforming uses such as commercial businesses located in the residential land use designated areas will be allowed to remain as long as the business continues operating. If a business ceases to operate for a period of six (6) months or more, the land use will revert to the approved land lise. ANNEXATION PROCESS The Annexation process goes through the City process prior to being sent to Riverside Local Agency Formation Commission (LAFCO) process. An Environmental Document is prepared and circulated. After the Circulation period has closed the project will be scheduled for a Planning Commission Public Hearing and a City Council Public Hearing. It is recommended that a Public Scoping Meeting be public meeting is planned before the project will be scheduled for Planning Commission. It is anticipated the Planning Commission meeting will take place in July or August. If the Annexation project is approved by the City Council, the project will proceed to the (LAFCO) for consideration. LAFCO staff will review the document to determine whether the application is complete. LAFCO staff will set the proposed annexation for public hearing before the Local Agency Formation Commission. If approved, LAFCO will notify registered voters and property owners and send them a protest form to return, if they are opposed. to the annexation "-II ACENDA ITEM NO. f2 Q.- ~ , PACE , b OF b ~- Property Owners within Annexation No. 77 ,......, June 19, 2006 Page 4 of 4 HOW TO PROTEST AN ANNEXATION If more than 25% of the registered voters or property owners owning more that 25% of the assessed value of the property within the area are opposed to the Annexation, an election will be scheduled by LAFCO. If 500.10 or more of the registered voters of the area or property owners whose holdings constitute 50% or more of the assessed value of the land and improvements vote against the annexation, then the annexation process is terminated. CLOSING Since the reason for the City of Lake Elsinore to process this Annexation is a directive from LAFCO, it would be the City's preference that the Annexation be approved. Staffhas found that there will be little or no change in costs to the property owner if their property was annexed into the City. SpeCifically, the only increase would be a Street Lighting and Maintenance District fee of$24.90 per year per home or $29.88 per acre for vacant land. Currently the processing time for an Annexation is approximately eight(8) months. The next step in the process will be another neighborhood meeting to be held on Centex r-- property. The Annexation request will be presented to the Planning Commission and all property owners within the area will be notified. If you have any questions, please do not hesitate to call me at (951) 674 3124, extension 209 or Email at lmiller@lake-elsinore.orf!. Sincerely, CITY OF LAKE ELSINORE www.lake-elsinore.org Linda M. Miller, AICP Project Planner CC: Rolfe Preisendanz, Community Development Director Tom Weiner, Planning Manager . .,-.. AGENDA ITEM NO. '2!k PACE b\ OF b~ ._ Notice of Determination Negative Declaration (In compliance with Section 21108 or 21152 of the Public Resources Code) ,...., City of Lake Elsinore Planning Division 130 S. Main Street Lake Elsinore, CA 92530 (909) 674-3 124 (909)471-1419 fax Filed With: o Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 181 County Clerk of Riverside County 2724 Gateway Drive Riverside, CA 92507 Project Title: Mitigated Negative Declaration No. 2005-12, General Plan Amendment No. 2006-03, Pre-Zoning No. 2006-04, and Annexation No. 77. State Clearinghouse Number: SCH No: 2006051003 I.&ad Agency Contact Person: Linda Miller, Project Planner Telephone Number: (909) 674-3124 x 209 Project Location (include County): The one hundred fifty-four (154)) acre, irregularly shaped, Annexation area is located adjacent to State Route 74 (SR-74). One hundred fifty (150) parcels are located south of SR 74 and four (4) parcels are located north of SR-74. Trellis Lane creates the western boundary. The southerly property line zigzags along the boundary of the neighboring Gentex development currently under construction and within the City of Lake Elsinore's City Limits. The eastern boundary is just past the residential lots fronting Missouri Drive. The central access road is Riverside Street. The existing County of Riverside Geneml Plan Designation is Very Low Density (VLD) and Commercial Retail (CR), and the Zoning Designations are R-A-20,000 (Residential -....J Agriculture) and C-P-S (Scenic Highway Commercial). Project Description: The proposed annexation consists of one hundred fifty-four (154) acres that has been previously subdivided into forty-five (45) parcels. Of the forty-five (45) parcels, twenty-six (26) are occupied with rural type residential uses and a few commercial uses, while the remaining nineteen (19) parcels are vacant. The parcels are owned by many individual land owners. The land area ranges from relative flat areas to hills consisting of natural vegetation and substantial rock outcroppings. The area is under the jurisdiction of the County of Riverside but within the City of Lake Elsinore's Sphere of Influence area of the City of Lake Elsinore. The Annexation process requires that the City of Lake Elsinore approve a General Plan Amendment and Pre- Zoning designations thereby establishing a regulatory procedure that must be followed for future development to occur. Approval of the Annexation does not permit development of the property within the one hundred fifty-four (one hundred fifty-four (154)) acre project site. This process will concurrently remove the area from the City's Sphere of Influence and place the area with the City of Lake Elsinore's city boundary. Environmental clearance for the proposed applications is provided by Mitigated Negative Declaration No. 2005-12, in conformance with the California Environmental Quality Act (CEQA). This is to advise that the Lake Elsinore City Council (Lead Agency) has approved the above projects and has made the following determinations regarding the above described projects: Reasons why project is exempt: Section 15162 (Subsequent EIR's and Negative Declarations) The project does not propose any substantial changes to the City of Lake Elsinore's Municipal Code. Additionally, no new significant environmental effects are anticipated. Further, the project complies with the exiting Mitigation Measures already in place. Considering this, the Planning Commission and City Council determined that no further environmental documentation is necessary. Signed: ......, Rolfe M. Preisendanz Title; Community Development Director AGENDA ITEM NO. PAGE ''6 22.- OF 6\ ,,--. CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project TitleILocation (include County): General Plan Amendment No. 2006-03, Pre-Zoning No. 2006-04 and Annexation No. 77 ("project") for property located adjacent to State Route 74, easterly of Trellis Lane and the Ramsgate (Centex) Specific Plan in the City of Lake Elsinore, County of Riverside Project Description: The proposed project is a proposal to annex one hundred fifty-four (154) acres of unincorporated County land that has been previously subdivided into forty-five (45) parcels. Twenty-six (26) if the forty-five (45) parcels are occupied with rural type residential uses and a few commercial uses and nineteen (19) parcels are vacant. The area is under the jurisdiction of the County of Riverside but within the City of Lake Elsinore's Sphere of Influence area. The Annexation process requires that the City of Lake Elsinore approve a General Plan Amendment and Pre-Zoning in order to establish a regulatory procedure for future development. The Annexation will concurrently remove the area from the City's Sphere ofInfluence (County of Riverside) and place the area within the City of Lake Elsinore's incorporated City boundary. No development is proposed with this project. Findings of Exemption (attach as necessary): Pursuant to the California Environmental Quality Act (CEQA), the proposed project has been reviewed and conditioned by all applicable City Divisions and Departments and Agencies, and will not have a significant effect on the environmental pursuant to the Findings of Mitigated Negative Declaration /""" No. 2005-12 adopted by the City Council of the City of Lake Elsinore. Certification: I here by certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Rolfe Preisendanz Title: Director of Community Development Lead Agency: City of Lake Elsinore Date: September 26, 2006 ,..-. ACENDA ITEM NO. ~ fJ..- PACE ~~ OF bL r-- CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DA TE: SEPTEMBER 26, 2006 SUBJECT: MITIGATED NEGATIVE DECLARATION NO. 2006-03, GENERAL PLAN AMENDMENT NO. 2006-01, PRE-ANNEXATION ZONE CHANGE NO. 2006-03, ANNEXATION NO. 78. APPLICANT: MCCUNE & ASSOCIATES, INC., 14970 CHANDLER STREET, CORONA, CA 92880, ATTN: RICK BONDAR /"" OWNER: C & J FAMILY TRUST, 20770 STONYBROOK CIRCLE, RIVERSIDE, CA 92508, ATTN: JON CHRISTENSEN, TRUSTEE PROJECT REQUEST The applicant requests commencement of proceedings to bring 21.13 acres of vacant land into the City boundaries that are currently in the County of Riverside's jurisdiction, and to amend the City's Sphere of Influence and General Plan Land Use Map and pre-zone the property for future development as a specific plan area. No development plan is proposed at this time. PROJECT LOCATION The project site is located adjacent to the easternmost portion of the City of Lake Elsinore. The site is approximately three (3) miles west of Interstate 215 and five (5) miles east of Interstate 15, between Holland Road and Corson Avenue. /"" AGENDA ITEM >>- PAGE ~ OF ~ REPORT TO CITY COUNCIL ANNEXATION 78, GPA 2006-01, ZC 2006-03, MND 2006-03 Page 2 of5 "-"" BACKGROUND At their regular meeting of September 5, 2006, the Planning Commission unanimously adqpted the following resolutions: . Resolution No. 2006-82 recommending that the City Council adopt Mitigated Negative Declaration No. 2006-03 and the Mitigation Monitoring Program appertaining thereto; and . Resolution No. 2006-83 recommending to the City Council adoption of Findings of Consistency with the Multiple Species Habitat Conservation Plan (MSHCP); and . Resolution No. 2006-84 recommending that the City Council approve General Plan Amendment No. 2006-01; and ......, . Resolution No. 2006-85 recommending that the City Council approve Pre- Annexation Zone Change No. 2006-03; and . Resolution No. 2006-86 recommending that the City Council commence proceedings to annex the territory designated as Annexation No. 78. DISCUSSION The Planning Commission heard the Staff Report and took testimony from eight Menifee residents opposing the annexation and one resident representing the Menifee Action Group and the Community Economic Development Council (CEDCO) who spoke in favor. The Commission also heard from the applicants, Jon and Karen Christensen. Those who spoke in opposition believed that the pre-annexation zone change would be detrimental to their rural lifestyle with ranches and horses, and thereby affect their quality of life. Many neighbors voiced concerns that development would cause flooding due to runoff, septic failures in the neighborhood, the loss of wildlife on the site, and urbanization of their rural enclave. Subsequent to the Commission hearing, Ms. Sherratt faxed staff a copy of the flyer she disseminated throughout the Menifee area, and it is attached to this Report. .......,; AGENDA ITEM o?.3 PAGEL OF ,,~ ./"' REPORT TO CITY COUNCIL ANNEXA TION 78, GP A 2006-01, ZC 2006-03, MND 2006-03 Page 3 of5 Ms. Kuenzi indicated that she and the Menifee Action Group did not foresee the annexation as jeopardizing the Menifee incorporation effort. She believed that the specific plan designation and zoning would make it compatible with the surrounding area and resolve infrastructure issues for the site. During the hearing, Ms. Kuenzi provided Staff with a written explanation of CEDCO, a copy of which is attached to this Report. The Christensens claimed that the specific plan designation would allow them to do development properly, bringing in services and not use wells. While the Christensens have no immediate development plans, they believe that the property would be best served with a specific plan designation and zoning so that it can meld into the existing Canyon Hills SP or create a separate specific plan. In either event, it could continue the single family residential (0-2 dwellings per acre) already approved within that portion of Canyon Hills, contiguous to the site. Further, through design, the project could buffer existing rural land uses to the east and south, and provide a transitional development from urban to rural uses. ;'"' Wildomar and Menifee Valley Incorporation Boundaries The subject site is not within the City of Lake Elsinore Sphere of Influence (SOl), as the SOl line does not extend into unincorporated areas on the east side of the City. Although the subject site is not part of the proposed boundaries of the City of Wildomar Incorporation, it is a part of the boundaries of the proposed City of Menifee Valley Incorporation, as are all properties surrounding the east and north sides of the Canyon Hills Specific Plan. Commission Deliberation Commissioner Flores encouraged the Menifee residents to speak out and bring their concerns to LAFCO. Commissioner Mendoza noted that property owners have rights, too. Commissioner Zanelli commented that the issues raised by the neighbors would be valid whether the property were in the City or the County. Chairman O'Neal stated that the Commission only had the Christensen's word that they have no immediate plans for the property. ~ AGENDA ITEM 013 PAGELoF~ REPORT TO CITY COUNCIL ANNEXA TION 78, GP A 2006-01, ZC 2006-03, MND 2006-03 Page 4 of5 '-II' On Tuesday, September 19,2006, staffmet with William Zeidlik, Tom Fuhrman, and Barbara Spencer at the request of Mr. Zeidlik. The Deputy City Attorney explained the annexation and CEQA procedures that the City follows. The Principal Environmental Planner explained several statements in the Mitigated Negative Declaration. The opponents expressed their concern that without one acre zoning or conditions placed upon this annexation, that development of the site would destroy their rural quality of life. The Project Planner indicated that the design considerations they presented can be considered when a development plan is received by the City. FISCAL IMPACT LAFCO staff has not required the annexation proposal to provide a fiscal analysis, hence no fiscal impact report was prepared. RECOMMENDATIONS The Planning Commission recommends that the City Council adopt the following Council resolutions: '-II' 1. Council Resolution No. 2006-l(03, adopting Mitigated Negative Declaration No. 2006-03. 2. Council Resolution No. 2006-\<,4, adopting Findings of Consistency with the Multi- Species Habitat Conservation Plan (MSHCP). 3. Council Resolution No. 2006-j{J, approving General Plan Amendment No. 2006-01. The Planning Commission recommends that the City Council introduce and adopt upon first reading, by title only, the following Council ordinance: 1. Ordinance No.' ttt9: approving Pre-Annexation Zone Change No. 2006-03. The Planning Commission recommends that the City Council adopt the following Council resolution: """ AGENDA ITEM 013 PAGE-L OF 8fn r" REPORT TO CITY COUNCIL ANNEXATION 78, GPA 2006-01, ZC 2006-03, MND 2006-03 Page 5 of6 1. Council Resolution No. 2006-~, approving Annexation No. 78. based upon Exhibit 'E,' and subject to seven (7) Conditions of Approval. PREPARED BY: CAROLE K. DONAHOE, PROJECT PLANNER ATTACHMENTS: APPROVED FOR AGENDA BY: 1. Exhibit 'A' - Vicinity Map. 2. Council Resolution No. 2006- _, adopting Mitigated Negative Declaration No. 2006- 03 and the Mitigation Monitoring Program appertaining thereto. a. Exhibit 'B' - Initial Study & Mitigation Monitoring Program for Mitigated Negative Declaration No. 2006-03 (Separate cover). r--. 3. Council Resolution No. 2006- _, adopting Findings of Consistency with the MSHCP. 4. Council Resolution No. 2006- _, approving General Plan Amendment No. 2006-01. a. Exhibit 'c' - Color Plat "Existing Land Use and General Plan Designations (Enclosure). 5. City Council Ordinance No. _, approving Pre-Annexation Zone Change No. 2006-03. a. Exhibit 'D' - Color Plat "Existing Zoning" (Enclosure). 6. Council Resolution No. 2006-_, approving Annexation No. 78. a. Conditions of Approval b. Exhibit 'E' - Color Plat "Proposed Annexation" (Enclosure). c. Exhibit 'F' - Plan of Services (Enclosure). 7. Exhibits of Interest a. Keunzi memo received September 5, 2006 b. Sherratt flyer faxed September 6, 2006. 8. Planning Commission Staff Report of September 5, 2006. I""'" 9. Draft Notice of Determination. AGENDA ITEM a 3 PAGES' OF~ VICINITY MAP ANNEXATION NO. 78, GENERAL PLAN AMENDMENT NO. 2006-01, PRE-ANNEXATION ZONE CHANGE NO. 2006-03, MITIGATED NEGATIVE DECLARATION NO. 2006-03 ...., ~ ~ Q;4 2; tS 5 o ~ HOLLAND RD PROJECT SITE ,..." po CI.l CI.l ~ ~ >i a:l ~ CI.l ~ Z ~ €) ::r: f-< ~ f-< CI.l >- ~ ~ C> CRAIG AVE €RAIGAVE f-< CI.l CI.l fi3 >- a:l CITY COUNCIL ~ EXHiBIT \A/ -- AGENDA ITEM NO. ;; 3 PACE (0 OF...3 (p ~ RESOLUTION NO. 2006- If&, 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ADOPTING MITIGATED DECLARATION NO. 2006-03 MITIGATION MONITORING APPERTAINING THERETO, FOR NO. 78 AND ITS RELATED APPROXIMATELY 21.13+ ACRES. CALIFORNIA, NEGATIVE AND THE PROGRAM ANNEXATION CASES, ON WHEREAS, the C & J Family Trust has filed an application with the City of Lake Elsinore to annex 21.13 acres into the City boundaries, redesignate certain acreage to a City General Plan land use designation, and pre-zone certain acreage to City zoning (the "Project"), on property located approximately 3.5 miles west of Interstate 215, south of Holland Road, north of Corson Avenue, and contiguous to the easterly boundary of the City of Lake Elsinore, and known as Assessor's Parcel No. 358-130-020; and ~' WHEREAS, Annexation No. 78 and its related cases are defined as a "project" under California Public Resources Code Section 21065, which defines a project for purposes of the California Environmental Quality Act (Cal. Pub. Res. Code Subsection 21000 et seq.: "CEQA") 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, the Initial Study revealed that the Project may have potentially significant environmental impacts. Nevertheless, it was determined that an environmental impact report was not necessary and that all of the potentially environmental impacts could be mitigated to a level of insignificance. Therefore, it was determined that it would be appropriate under CEQA to prepare Mitigated Negative Declaration No. 2006-03 to address the potentially significant environmental impacts and applicable mitigation measures; and WHEREAS, public notice of the Project has been given, and the City ,;- Council has considered evidence presented by the Community Development AGENDA In]'v1 NO. 0/3 PACE 7 OF .3" CITY COUNCIL RESOLUTION NO. 2006-_ PAGE 2 OF 3 Department and other interested parties at a public hearing held with respect "" to this item on September 26, 2006. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed Mitigated Negative Declaration No. 2006-03 and related Mitigation Monitoring Program prior to making their decision that the documents be approved. The City Council finds and determines that Mitigated Negative Declaration No. 2006-03 and related Mitigation Monitoring Program are adequate and prepared in accordance with the requirements of CEQA. SECTION 2. That in accordance with CEQA, State Planning and Zoning Law, and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Mitigated Negative Declaration No. 2006-03 and the related Mitigation Monitoring Program: 1. Through development of the Project, the immediate natural "" environment will change from a natural setting to a suburban one. This change is not necessarily considered a substantial or 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. Further, the Project will not eliminate a plant or animal community, nor reduce the number or range of a rare or endangered plant or animal. Additionally, the site contains no known historical resources. 2. The Project has individual impacts that can be mitigated to below the level of significance through implementation of the Mitigation Monitoring Program and the conditions of approval. 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 Project. "'-' AGENDA !TEri! NO. ;;;3 PAGE ~ OF .3(, CITY COUNCIL RESOLUTION NO. 2006-_ PAGE30F3 ,....... 3. The Project does not pose any potential adverse effects on human beings. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this twenty-sixth day of September, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ,.-. Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore ,.-. AGE;';:;'.': Y~_d': ;~i_j ~3 ------=---<. PAGE~__OF at;, RESOLUTION NO. 2006-1&4 ....." A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI- SPECIES HABITAT CONSERVATION PLAN (MSHCP), FOR THE PROJECT KNOWN AS THE CHRISTENSEN ANNEXATION NO. 78, GENERAL PLAN AMENDMENT NO. 2006-01, AND PRE-ANNEXATION ZONE CHANGE NO. 2006-03, FOR 21.13 ACRES OF VACANT PROPERTY. WHEREAS, the C & J Family Trust has filed an application with the City of Lake Elsinore to amend the City's General Plan Land Use designation and the City's Official Zoning Map to "East Canyon Hills SP" to allow for annexation into the City of Lake Elsinore of the subject property located approximately 3.5 miles west of Interstate 215, south of Holland Road, north of Corson A venue, and contiguous to the easterly boundary of the City of Lake Elsinore, and known as Assessor's Parcel No. 358-130-020 (the "Project"); and "'" WHEREAS, pursuant to Section 6.0 of the MSHCP, those discretionary project approvals which involve land not covered by an MSHCP criteria cell are not required to undergo the Lake Elsinore Acquisition Process ("LEAP") and the Joint Project Review ("JPR") processes. However, those projects must be evaluated pursuant to the Plan Wide Requirements as a condition precedent to project approval. Accordingly, the Project was evaluated under said Requirements; and WHEREAS, the Project involves entitlements requiring discretionary review by the Planning Commission and City Council; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt MSCHP consistency findings, regardless of the geographical location of the project, prior to approving any discretionary entitlement; and WHEREAS, public notice of the Project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on September 26,2006. '-' AGEf\lDA ITEM NO. PAGE /0 ;(3 m= ~b CITY COUNCIL RESOLUTION NO. 2006-_ PAGE20F5 ~ NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed Christensen applications and their consistency with the MSHCP prior to making a decision to adopt findings of consistency with the MSHCP. SECTION 2. That in accordance with MSHCP and the City of Lake Elsinore Municipal Code, the City Council makes the following findings regarding the consistency of the Project with the MSHCP: 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approving the Project. .~ The proposed project includes no development plan, but does require discretionary approvals from the City, including CEQA review. Pursuant to the provisions of the MSHCP, all discretionary development projects within an MSHCP Criteria Area are to be reviewed for compliance through the "Property Owner Initiated Habitat Evaluation and Acquisition Negotiation Strategy (HANS) or equivalent process (e. g. LEAP). The project site is within the MSHCP Lake Elsinore Area Plan; however, it is not within a Criteria Area, and a formal LEAP review of the project is not required. In accordance with the MSHCP, proposed projects outside of the Criteria Area are to be reviewed for consistency with the "Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines" (MSHCP, ~ 6.1.2), "Protection of Narrow Endemic Plant Species Guidelines" (MSHCP, f 6.1.3), "Additional Survey Needs and Procedures" (MSHCP, ~ 6.3.2), and "Urban/Wildlands Interface Guidelines (MSHCP, Section 6.1.4). 2. The proposed project is not subject to the City's LEAP and the County's Joint Project Review processes. /""' AGENDA ITEM NO. ~ PAGE.1l OF ~ CITY COUNCIL RESOLUTION NO. 2006- PAGE30F5 The project is not located within an MSHCP Criteria Cell area; therefore, no formal LEAP submittal was required. ....." 3. The proposed project is consistent with the Riparian!Riverine Areas and Vemal Pools Guidelines. The project site does not support riparian habitat or other sensitive natural community. The General Habitat Assessment prepared for the project site found a defined swale that supports remnant mulefat shrubs and willow trees. However, the report also found that this area does not support habitat suitable for sensitive species as defined in Section 6.1.2 (Riparian/Riverine Areas and Vernal Pools) of the MSHCP due to extensive disturbances from agriculture, lack of structural diversity, and prevalence of non-native vegetation. Although this swale does not contain habitat suitable for the support of sensitive natural communities, it may require permitting from regulatory agencies such as the United States Army Corps of Engineers, California Department of Fish and Game, or the Regional Water Quality Control Board. Should the swale be affected by any ....., future development pursuant to the proposed zoning and general plan designation, the jurisdictional regulations applicable to the swale will be determined. The mitigation measures required for attainment of a permit from any of the regulatory agencies will reduce project impacts to below a level of significance. These mitigation measures are incorporated into the Mitigation Monitoring and Reporting Program for this project. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project site is not located within the NEPSSA as shown on Figure 6-1 of the MSHCP, and therefore, no focused surveys are required. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The MSHCP requires additional surveys for certain species if the project is located in Criteria Area Species Survey Areas, Amphibian '-" AGENDA ITEM NO. ,;/3 p AGE ~ OF c..!(, CITY COUNCIL RESOLUTION NO. 2006-_ PAGE 4 OF 5 ",...... Species Survey Areas With Critical Area), Burrowing Owl Survey Areas With Criteria Area, and Mammal Species Survey Areas With Criteria Areas of the MSHCP. The project site is located only within the area requiring Burrowing Owl Surveys (BO). A burrowing owl habitat and burrow survey was conducted on the project site and corresponding 150-meter buffer zone on October 7, 2005 by Ecological Sciences, Inc. The survey determined that there was no suitable habitat and extensive human activities (such as frequent discing) which would likely preclude the presence of BO on the site. No burrowing owl signs were observed during the habitat assessment and burrow survey. Burrowing Owl is not expected to occur within the proposed project area. 6. The proposed project overall is consistent with the MSHCP. ,.-. The project site is not located within the MSHCP Criteria Area and therefore, has not been identified by the MSHCP as a potential conservation site. Based upon the above analysis of consistency with the MSHCP and the results of the focused biological surveys which evaluated the project site for potential biological impacts, it is concluded that the proposed project is consistent with the provisions of the adopted MSHCP. 7. There is no substantial evidence, in the light of the whole record before the agency, that the project with the proposed mitigation may have significant effect on the environment. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this twenty-sixth day of September 2006, by the following vote: /"" AGENDA ITEM NO. ;;3 PAGE'&' OF.a CITY COUNCIL RESOLUTION NO. 2006- PAGE50F5 """" A YES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore """" APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore """" AGENDA ITEM ~o. ~5 PAGE I OF $(, r' RESOLUTION NO. 2006- I~S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2006-01, AMENDING THE GENERAL PLAN LAND USE DESIGNATION ON 21.13 ACRES OF VACANT PROPERTY. WHEREAS, the C & J Family Trust has filed an application with the City of Lake Elsinore to amend the City's General Plan Land Use designation to "East Canyon Hills SP" for property located approximately 3.5 miles west of Interstate 215, south of Holland Road, north of Corson Avenue, and contiguous to the easterly boundary of the City of Lake Elsinore and known as Assessor's Parcel No. 358-130-020 (the "Property"); . and r' WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on September 5, 2006, made its report upon the desirability of the proposed project and made its recommendations in favor of General Plan Amendment No. 2006-01 by adopting Planning Commission Resolution No. 2006-84 recommending to the City Council approval of General Plan Amendment No. 2006-01; and WHEREAS, public notice of this 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 26,2006. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed amendment prior to making a decision to approve General Plan Amendment No. 2006-01. The City Council adopts Mitigated Negative Declaration No. 2006-03 prepared for this project as adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) ,,-- which analyzes environmental effects of the proposed project. AGENDA ITEM NO. ;) 3 PAGE /5 OF ~~ CITY COUNCIL RESOLUTION NO. 2006- PAGE20F3 SECTION 2. That in accordance with State Planning and Zoning law ~ and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of General Plan Amendment No. 2006- 01: 1. The proposed General Plan Amendment will not be: a) 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, or b) injurious to the property or improvements in the neighborhood or within the City. a. The proposed General Plan Amendment has been analyzed relative to its potential to have detrimental effects, and it has been determined that the health, safety and welfare of surrounding residents may be improved as a result of future improvements to infrastructure such as water, sewer, paving and drainage facilities brought to the site as a requirement for any future development. b. The proposed "East Canyon Hills SP" designation will ensure '-'" that development standards and design guidelines of the specific plan will be consistently applied throughout the site. c. The General Plan Amendment proposes a boundary adjustment to allow for a seamless integration of the Property with the adjacent Canyon Hills Specific Plan, while remaining sensitive to the neighboring rural residential land uses to the east. d. Access to any future development of the site is expected to be from the west. In addition, infrastructure to support future development on the Property will likely tie into existing infrastructure to the west. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. "'-' AGENDA ITEM NO. o?3 PAGEiU20F ~ CITY COUNCIL RESOLUTION NO. 2006- PAGE 3 OF 3 /"" PASSED, APPROVED AND ADOPTED this twenty-sixth day of September, 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: ~. Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) r' AGENDA ITEM NO. d 3 PAGE~OF~ ORDINANCE NO. iffi ......., AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE-ANNEXATION ZONE CHANGE NO. 2006-03, CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE SUBJECT TO THE COMPLETION OF ANNEXATION NO. 78, BRINGING 21.13 ACRES OF VACANT PROPERTY INTO THE CITY OF LAKE ELSINORE. WHEREAS, the C & J Family Trust has filed an application with the City of Lake Elsinore to change the City's official zoning map to "East Canyon Hills SP" for the property located approximately 3.5 miles west of Interstate 215, south of Holland Road, north of Corson Avenue, and contiguous to the easterly boundary of the City of Lake Elsinore, and known as Assessor's Parcel No. 358-130-020 (the "Property"); and WHEREAS, the pre-zoning designations conform to and are consistent with the proposed General Plan Amendment No. 2006-01 for the Property; and ......., WHEREAS, C & J Family Trust has submitted an application for Annexation No. 78; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on September 5, 2006, made its report upon the desirability of the proposed project and made its recommendations in favor of Pre-Annexation Zone Change No. 2006-03 by adopting Planning Commission Resolution No. 2006-85 recommending to the City Council approval of the Pre-Annexation Zone Change No. 2006-03; and WHEREAS, public notice of the 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 26,2006. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: ......., AGENDA ITEM NO. ~ PAGELL OF~ CITY COUNCIL ORDINANCE NO. _ PAGE20F3 ~ SECTION 1. The City Council has considered the proposed pre- zoning prior to making a decision to approve Pre-Annexation Zone Change No. 2006-01. The City Council adopts Mitigated Negative Declaration No. 2006-03 prepared for this project as adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project. SECTION 2. That in accordance with State Planning and Zoning law and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Pre-Annexation Zone Change No. 2006-01 : 1. The proposed zone change will not be: a) 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, or b) injurious to the property or improvements in the neighborhood or within the City. ,,-. a. The proposed pre-zoning has been analyzed relative to its potential to have detrimental effects. It has been determined that the health, safety and welfare of surrounding residents may be improved as a result of future improvements to infrastructure such as water, sewer, paving and drainage facilities brought to the site as a requirement for any future development. b. The proposed "East Canyon Hills SP" zoning will ensure that development standards and design guidelines of the specific plan will be consistently applied to the entirety of the site. 2. The proposed zone change will be consistent with the proposed General Plan Amendment. a. Both the zoning and the general plan designation are proposed to be "East Canyon Hills Specific Plan. " ~ SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. AGENDA ITEM NO. .13 PAGE40F~ CITY COUNCIL ORDINANCE NO. PAGE 3 OF 3 INITRODUCED AND APPROVED UPON FIRST READING ......" this 26th day of September, 2006, by the following roll call vote: A YES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: PASSED, APPROVED AND ADOPTED UPON SECOND READING this tenth day of October 2006, upon the following roll call vote: A YES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ......" ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) ......, AGENDA ITEM NO. ~ PAG~OF~ r-- RESOLUTION NO. 2006-...&!- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, COMMENCING PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO. 78 INTO THE CORPORATE BOUNDARIES OF THE CITY OF LAKE ELSINORE. WHEREAS, the C & J Family Trust has filed an application with the City of Lake Elsinore to annex approximately 21.13 acres from the County of Riverside's jurisdiction into the corporate boundaries of the City of Lake Elsinore and amend the City's Sphere of Influence, for property located approximately 3.5 miles west of Interstate 215, south of Holland Road, north of Corson Avenue, and known as Assessor's Parcel No. 358-130-020; and WHEREAS, this proposal is made pursuant to the Cortese-Knox- Hertzberg Local Government Reorganization Act of 2000 (Government Code ~~ 56000 et seq.: the "Cortese Knox Act"); and r--- WHEREAS, the C & J Family Trust has initiated Pre-Annexation Zone Change No. 2006-03; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on September 5, 2006, made its report upon the desirability of the proposed project and made its recommendations in favor of Annexation No. 78 by adopting Planning Commission Resolution No. 2006-86 recommending to the City Council approval of Annexation No. 78; and WHEREAS, public notice of the 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 26,2006. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: /""" AGENDA ITEM NO. ;(3 PAGE~OF~ CITY COUNCIL RESOLUTION NO. 2006-_ PAGE20F3 SECTION 1. The City Council has considered the request for annexation prior to making a decision to commence proceedings to annex the subject property. The City Council adopts Mitigated Negative Declaration No. 2006-03 prepared for this project as adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project. "-'" SECTION 2. That in accordance with the Cortese Knox Act, State Planning and Zoning law, and the Lake Elsinore Municipal Code the City Council makes the following findings for the approval of Annexation No. 78: 1. The proposed annexation area is contiguous to the City of Lake Elsinore and will not create pockets or islands. The proposed annexation area borders the City of Lake Elsinore. The project proposes reasonable extension of the city boundary area in that the annexation of the proposed parcels will not create any pockets or islands. 2. The proposed annexation will not result in any adverse significant impacts on the environment. The project will not have a significant effect on the environment and is consistent with the City's adopted General Plan. 3. The proposed annexation will eliminate an existing undesired pocket of the county area and will assist in the efficient provision of governmental services. The proposed annexation consists of the removal of 62.42 acres of land from the County of Riverside's jurisdiction and placement of the same into the city limits of Lake Elsinore. The annexation area borders the City of Lake Elsinore and is adjacent to the area identified as the Canyon Hills Specific Plan area. ......" SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. ....".; AGENDA ITEM NO. 0:13 PAGE~ OF % CITY COUNCIL RESOLUTION NO. 2006-_ PAGE30F3 /"'"' PASSED, APPROVED AND ADOPTED this twenty-sixth day of September 2006, upon the following roll call vote: A YES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: ...--.' Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) /"" AGENDA ITEM NO. ;13 PAG~ OF a CONDITIONS OF APPROVAL FOR CHRISTENSEN ANNEXATION NO. 78. GENERAL PLAN AMENDMENT NO. 2006-01 PRE-ANNEXATION ZONE CHANGE NO. 2006-03 '-'" PLANNING DIVISION 1. The applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto. 2. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this specific plan amendment 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. '-'" 3. The applicant shall comply with the Mitigation Monitoring Program (MMP) adopted for this project, as printed with Mitigated Negative Declaration No. 2006-03. 4. The applicant shall fund the implementation of the MMP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 5. The annexation shall comply with the requirements contained in the Cortese- Knox-Herzberg Local Government Reorganization Act of 2000 (Government Code Sections 56000-56001) and the standards and policies established by the Riverside Local Agency Formation Commission (LAFCO). 6. All entitlements contained herein are subject to the completion and approval of the annexation. AGENDAITEM~O. ;23 PAGE~OF~ ....., ~ /'"" ,,-. CONDITIONS OF APPROVAL FOR CHRISTENSEN ANNEXATION NO. 78. GENERAL PLAN AMENDMENT NO. 2006-01 PRE-ANNEXATION ZONE CHANGE NO. 2006-03 7. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of approval. (End of Conditions) AGENDA ITEM NO. cil3 PAGE~ OFd"G? EXHIBITS OF INTEREST: a. Keunzi memo received September 5, 2006 b. Sherratt flyer faxed September 6, 2006. ACENDA ITEM NO. PACE 0( (p :13 OF 36 ~ ~ "'-'" ~ /""' ~ i ~ , j : I . j! ! I ~ je;, ,-.. i,l qJ ~~.A:if:c-... <. < <..~,.:C''i:\;j<~; 'j ..k1..", ~ Aru1~ah.l2?J 28 , I 11 fOr~ RCQd: il.C F D.to 1J'f."Lam.llW nl~~ rJOfYVi~~Je{1Jfli"fAi .1 (1__. ' - ..u_ ~(1j7, '^{) '. /. ~ .. . j ~ ;1,., .'=bIUkl~ (. ,~b. ..Lnf.,r::rr-t.lCJ~.. ,C!pf2 .1 c:arrr .-rrzc ll~el\4Wl{~ein.0t;rcpac(Xf"l)t1eP1od- . II.Asw rf(:eilSurer._()I,.C~..O[!O.I .ljU) i I ~ "L (: Jd /"\ + n ' . '. {~ ,I'. ii' .eS.CI.,. 'f JJ( l(t.... tJ.,01.&mutr l!Jr fu HJ3tJCtrd..~{Dr'c~cl:a.L$ uJlLS (Jf'esenrf eLf 11. +k..~;l1fJ~1.~~<.S'(~4iJQh. .Qth4r iWw H ~.8t-f~ ,. r~.Dto .hQS.VtP t-'i-cLten...t4Vl. ' I; ..ofb'c-i02 f'6SIt-l:0z1.af..iLif s..-h>~ ,M- --!tuSH Ii ~teJ1'1~E!~U -Z.e\<dliKdoesnD+re~en-t CEI):0, , , ~ 1 H 1 ! ; f , , , , :j ; 1 i: ) ; Re.5.f1e6.hhJlV.~fLbf1'U1kdJ b()JfCAt~WlAZ4. j ..< S J- 5. /- : ,b ,'.. , ., e.,p ".-/.;)o!:J(;; .1?L.5o. pm AGENDA ITEM NO. :<3 PAGE ;{1 OF $~ 09/06/2006 10:54 FAX ~003 ......" NOTICE PUBLIC HEARING NEIGHBOR, YOUR ATTENDANCE IS HEREBY REQUESTED AT THE PUBLIC HEARING TUESDAY NIGHT, SEPTEMBER 5,2006 AT 6:00 PM. THE LOCATION: LAKE ELSINORE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE CA IT IS IMPORTANT TO THE RURAL PRESERVATION OF OUR NEIGHBORHOOD THAT AS MANY PEOPLE AS POSSffiLE SHOW UP TO THE HEARING A VOICE THEIR CONCERNS. IT HAS BEEN HEREBY REQUESTED THAT YOU CALL CAROLE DONAHOE. PLANNING CONSULTANT AT (951)674-3124XT.287 TO ADVISE HER THAT YOU INTEND TO SPEAK AT THE MEETING. IT IS ALSO BEING REQUESTED THAT YOU WRITE A LETTER ST AnNO YOUR OPPOSITION TO THE ANNEXATION OF THE 21.13 ACRES AS IT WILL HA VB A NEGATIVE EFFECT ON TIlE QUALITY OF LIFE FOR US RURAL RESIDENTS. THESE LETTERS WILL BE SUBMITTED AT THE :MEETING AND MADE PART OF THE RECORD. ......" FOR TIIOSE WHO WISH TO ATIEND AND AREN'T CO:MFORTABLE SPEAKING THEY MA Y CHOOSE TO GIVE THEIR ALLOTTED TI1vfE TO SO:MEONE ELSE WHO MAY SPEAK FOR THEM OR READ FROM A WRfITEN STATEMENT ON TI:1EIR BEHALF. FOR THOSE WHO WOULD LIKE TO ATTEND AND NEED A RIDE, PLEASE CALL BEV SHERRA TT FOR CAR POOL ARRANGE?\.1ENTS. FOR THOSE WHO CAN TAKE SOMEONE WHO NEEDS A RIDE PLEASE CALL BEV SHERRATI AND LET HER KNOW HOW MANY PASSENGERS YOU CAN BRING. TIlANKS FOR YOUR PARTICIPA nON IN OUR COMMUNITY PRESERVATION. BEVSHERRAIT 951-676-5736 XT.287 OR 951-285-9044 ""'" AGENDA ITEM NO. ;; ~ PACE :<3 OF 8~ "..- CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: SEPTEMBER 5, 2006 PREPARED BY: CAROLE K. DONAHOE, PROJECT PLANNER PROJECT TITLE: ANNEXATION NO. 78; GENERAL PLAN AMENDMENT NO. 2006-01; PRE-ANNEXATION ZONE CHANGE NO. 2006-03; MITIGATED NEGATIVE DECLARATION NO. 2006-03 ,-.-. APPLICANT: MCCUNE & ASSOCIATES, INC., 14970 CHANDLER STREET, CORONA, CA 92880, ATTN: RICK BONDAR OWNER: C & J FAMILY TRUST, 20770 STONYBROOK CIRCLE, RIVERSIDE, CA 92508, ATTN: JON CHRISTENSEN, TRUSTEE PROJECT REQUEST The applicant requests commencement of proceedings to bring 21.13 acres of vacant land into the City boundaries that are currently in the County of Riverside's jurisdiction, and to amend the City's Sphere of Influence and General Plan Land Use Map and pre-zone the property for future development as a specific plan area. No development plan is proposed at this time. PROJECT LOCATION ,-... The project site is located adjacent to the easternmost portion of the City of Lake Elsinore. The site is approximately three (3) miles west of Interstate 215 and five (5) miles east of Interstate 15, between Holland Road and Corson A venue. AGENDA ITEM NO. ;13 PAGE ~1 OF arp REPORT TO PL~NNING COMMISSION SEPTEMBER 5, 2006 ANNEXA TION 78, GP A 2006-01, ZC 2006-03, MND 2006-03 PROJECT DESCRIPTION ,..." The applicant requests a redesignation of 21.13 acres from County Very Low Density Residential, 1 acre minimum lot size (VLDR) to "East Canyon Hills Specific Plan." He also requests pre-zoning from County Residential Agriculture-I, one acre minimum lot size to "East Canyon Hills Specific Plan." ENVIRONMENTAL SETTING Project Site North Scattered residential, vacant South Scattered residential, farming, vacant East Scattered residential, farming, vacant West Vacant, hills, water tank PROJECT ANALYSIS County Residential Agriculture-I (one acre minimum lot size) County Very Low Density Residential Rural Communities (0-1 dwellin er acre County Specific Plan ,..." County Rural Residential-I (one acre minimum lot size) Canyon Hills Specific Plan (Single Family Residential-I, 0-2 dwellin s er acre According to Jon Christensen, trustee of the project site, this request is a clean up measure on property that he, his father, grandfather and great grandfather believed was already in the City and part of the 2,OOO-acre acquisition of Christensen property for the Canyon Hills Specific Plan. It wasn't until recently that Mr. Christensen discovered the discrepancy among documents left in storage. ,..." AGENDA ITEM 23 PAGE~OF ~ ..--- ~ ,..- REPORT TO PLANNING COMMISSION SEPTEMBER 5, 2006 ANNEXATION 78, GPA 2006-01, ZC 2006-03, MND 2006-03 While Mr. Christensen has no immediate development plans, he believes that the property would be best served with a specific plan designation and zoning so that it can meld into the existing Canyon Hills SP or create a separate specific plan. In either event, it could continue the single family residential (0-2 dwellings per acre) already approved within that portion of Canyon Hills, contiguous to the site. Further, through design, the project could buffer existing rural land uses to the east and south, and provide a transitional development from urban to rural uses. Wildomar and Menifee Valley Incorporation Boundaries The subject site is not within the City of Lake Elsinore Sphere of Influence (SOl), as the SOl line does not extend into unincorporated areas on the east side of the City. Although the subject site is not part of the proposed boundaries of the City of Wildomar Incorporation, it is a part of the boundaries of the proposed City of Menifee Valley Incorporation, as are all properties surrounding the east and north sides of the Canyon Hills Specific Plan. Consequently, Staff spoke with Ms. Darcy Kuenzi, President of the Menifee Action Group, which is actively engaged in the effort to incorporate Menifee. Ms. Kuenzi indicated support for the Christensen's annexation proposal, noting that it would not jeopardize the economic base oftheir future city, and that it represented a logical, orderly and efficient plan and delivery of services. Her letter of support was received August 18, 2006, and is attached to this Report. ENVIRONMENTAL DETERMINATION Mitigated Negative Declaration No. 2006-03 was prepared in conformance with the California Environmental Quality Act of 1970, as amended (Public Resources Code, Section 21000 et seq.); the State Guidelines for Implementation ofCEQA as amended (California Code of Regulations, Title 14, Chapter 3, Section 15000, et seq.); applicable requirements ofthe City of Lake Elsinore; and the regulations, requirements and procedures of any other responsible public agency or agency with jurisdiction by law. The City received several comment letters subsequent to the distribution of the Draft AGENDA ITEM d 3 PAGE:iL OF ~ REPORT TO PLANNING COMMISSION SEPTEMBER 5, 2006 ANNEXA TION 78, GP A 2006-01, ZC 2006-03, MND 2006-03 """'" Mitigated Negative Declaration. Responses to Comments were prepared and distributed to the commentors. A copy of the Response to Comments is enclosed with this Report. Based upon review of the proposed project, including reviews by the City of Lake Elsinore Planning, Engineering and Building Divisions, and other reviewing agencies, the City has concluded that the Mitigated Negative Declaration was the appropriate document, since the proposed project will not result in any significant effect on the environment. RECOMMENDATIONS Staff recommends that the Planning Commission adopt the following resolutions: 1. Resolution No. 2006-_, recommending to the City Council adoption of Mitigated Negative Declaration No. 2006-03. """'" 2. Resolution No. 2006-_, recommending to the City Council adoption of Findings of Consistency with the Multi- Species Habitat Conservation Plan (MSHCP). 3. Resolution No. 2006-_, recommending to the City Council approval of General Plan Amendment No. 2006-01. 4. Resolution No. 2006-_, recommending to the City Council approval of Pre- Annexation Zone Change No. 2006-03. 5. Resolution No. 2006-_, recommending to the City Council approval of Annexation No. 78. ~ AGENDA ITEM 013 PAGE~OF ~ /'" REPORT TO PLANNING COMMISSION SEPTEMBER 5, 2006 ANNEXATION 78, GP A 2006-01, ZC 2006-03, MND 2006-03 CAROLE K. DONAHOE, PROJECT PLANNER ~z, Director of Community Development PREPARED BY: APPROVED BY: ATTACHMENTS: I. Exhibit 'A' - Vicinity Map. 2. Resolution No. 2006- _, recommending adoption of Mitigated Negative Declaration No. 2006-03. a. Exhibit 'B' - Initial Study & Mitigation Monitoring Program for Mitigated Negative Declaration No. 2006-03 (Separate cover). ~ 3. Resolution No. 2006- --' recommending adoption of Findings of Consistency with the MSHCP. 4. Resolution No. 2006- _, recommending approval of General Plan Amendment No. 2006-01. a. Exhibit 'c' - Color Plat "Existing Land Use and General Plan Designations (Enclosure). 5. Resolution No. 2006-_, recommending approval of Pre-Annexation Zone Change No. 2006-03. a. Exhibit 'D' - Color Plat "Existing Zoning" (Enclosure). 6. Resolution No. 2006-_, recommending approval of Annexation No. 78. a. Exhibit 'E' - Color Plat "Proposed Annexation" (Enclosure). b. Exhibit 'F' -Plan of Services (Enclosure). 7. Correspondence from Darcy Kuenzi, President, Menifee Action Group, dated August 18,2006. r- 8. Draft Notice of Determination and De Minimis Impact Finding. AGENDA ITEM a3 PAGE J2. OF J....(p Correspondence from Darcy Kuenzi, President Menifee Action Group Dated August 18, 2006 AGENDA ITEM NO. ;13 PAGE .34 OF .3 r; '-"" '-"" ......" /.... Board of Directors Darcy Kuenzi President Ron SuHivan Vice President Joe Daugherty Treasurer Betty Bauris Secretary Greg Aguilar Chris Carnes Darci Castillejos Mary Flake Richard Giese Lynn Mattocks ,r--. /"" August 18, 2006 Carole K. Donahoe, AICP City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Subject: GPA 2006-01, ZC 2006-03, APN: 358-130-020 Dear Ms. Donahoe, The Menifee Action Group is an organization made up of local community leaders dedicated to supporting and promoting economic progress, well-planned developments and demonstrating leadership throughout the region. We work closely with the chamber of commerce, school districts, the county of riverside and other regional agencies. We are actively engaged in the effort to incorporate Menifee. .It has come to our attention that a request has been made by the property owner to annex 21 acres to the City of Lake Elsinore. While a request such as this can evoke an emotional response, fearful that any annexation is encroaching on the boundary of Menifee. However, this particular request does not jeopardize the economic base of the future city and, in the interest of orderly and efficient planning and service delivery; it is a logical request and is hereby supported by the Menifee Action Group. We have confidence in LAFCO staff and the appointed elected officials that they would make decisions that is in the best interest of all affected parties. Best regards, J(~ Darcy Kuenzi, President Menifee Action Group p.o. Box 856 Sun City, CA 92586 menifeeaction@yahoo.com AGENDA ITEM NO. ):3 PAGE 35 OF -3 (p Notice of Determination Mitigated Negative Declaration (In compliance with Section 21108 or 21152 of the Public Resources Code) '"' City of Lake Elsinore Planning Division 130 S. Main Street Lake Elsinore, CA 92530 (909) 674-3124 (909) 471-1419 fiIx Filed With: 0 Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 I8l County Clerk of Riverside County 2724 Gateway Drive Riverside, CA 92507 Project Tide: Christensen Annexation No. 78, General Plan Amendment No. 2006-01, and Pre-Annexation Zone Change No. 2006-03 State Clearinghouse Number (ifsubmitted to State Clearinghouse): N/ A Lead Agency Contact Person: Carole Donahoe, Project Planner Telephone Number: (951) 674-3124 x 287 Project Location (include County): Vacant property in unincorporated Riverside County, located adjacent to the easternmost portion of the City of Lake Elsinore. The site is approximately three (3) miles west of Interstate 215, and five (5) miles east ofInterstate 15, between Holland Road and Corson Avenue. Project Description: Commencement of proceedings to bring 21.13 acres of vacant land into the City boundaries that are currently in the County of Riverside's jurisdiction, and to amend the City's Sphere of Influence and "-'" General Plan Land Use Map and pre-zone the property for future development as a specific plan area. No development plan is proposed at this time. This is to advise that the Lake Elsinore City Council (Lead Agency) has approved the above project and has made the following determinations regarding the above described project: 1. The project D will [g] will not have a significant effect on the environment. 2. An Environmental Impact Report was not prepared for this project pursuant to the provisions of CEQA. D A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. The Initial Study and Mitigation Monitoring Program and record of project approval may be examined at: Ci1;y of lake Elsinore. 130 South Main Street. Lake Elsinore. CA 92530 3. Mitigation Measures [g] were D were not made a condition of the approval of the project. 4. A Statement of Overriding Considerations D was [g] was not adopted for this project. Signed: Title: Director of Community Development Rolfe M. Preisendanz """" ACENDA ITEM NO. ;l3 PACE ~(i; OF ~(p r" ORDINANCE NO. 1193 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING SPECIFIC PLAN NO. 2005-01 CHANGING THE ZONING DESIGNATION OF THE PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF GRAND AVENUE AND RIVERSIDE DRIVE FROM C-P COMMERCIAL PARK DISTRICT TO SPECIFIC PLAN UNDER THE ZONING ORDINANCE WHEREAS, Classic Pacific, C/O Albert A Webb Associates, has initiated proceedings to change the zoning designation of the subject property generally located at the northwest comer of Grand Avenue and Riverside Drive from C-P Commercial Park to Specific Plan; and ,-... WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on August 15, 2006 made it::; report upon the desirability of the proposed project and made its recommendations in favor of said Specific Plan No. 2005-01 by adopting Planning Commission Resolution No. 2006-74 recommending to the City Council approval of Specific Plan No. 2005-01; 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 September 12, 2006; THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has considered the proposed Specific Plan No. 2005-01, prior to making a decision to approve the proposed amendment to the Land Use Designation and establish a Zoning Designation. The City Council finds and determines that Mitigated Negative Declaration No. 2006-05 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project ~ Agenda Item No.3 / Page 1 of 5 CITY COUNCIL ORDINANCE NO. 1193 Page 2 of5 """"" and recommends City Council certification, based upon the following findings and determinations: SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Specific Plan No. 2005-01 have been made as follows: 1. The proposed zone change will not be; a) 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, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed Zone Change has been analyzed relative to its potentiality to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. The primary issue identified by staff relates to the traffic impacts of the proposed project. Staff, concluded, based on the Traffic Study, that the Level of Service for the intersections in the Study Area will not be degraded as a result of the mitigations and conditions of approval placed on this project as well as the ultimate goals and 'objectives of the General Plan Circulation Element. 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan and the development standards established with the Lake Elsinore Municipal Code (LEMC). Based on its analysis, staff has concluded that the requested Zone Change, allowing the development of the subject Specific Plan project is consistent with GOAL 1. 0 of the General Plan Housing Element, obligating the City to provide "decent housing opportunities and a satisfying living environment for residents of Lake Elsinore ". """"" SECTION TWO: ZONING RECLASSIFICATION This Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Agenda Item No.lL '-" Page 2 of 5 ",.- CITY COUNCIL ORDINANCE NO. 1193 Page 3 of5 Generally located at the northwest corner of Grand Avenue and Riverside Drive from C-P Commercial Park District to Specific Plan. 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. Reasons why the City has considered the effect of Zoning Ordinances on the regional housing needs in which the City is located and how the City has balanced ~ these needs against the public service needs of'its residents and available fiscal and environmental resources. (Government Code Section 65863.6). SECTION 3: This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certifY as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. ~ Agenda Item No.J..L Page 3 of 5 CITY COUNCIL ORDINANCE NO. 1193 Page 4015 ....., INTRODUCED AND APPROVED UPON FIRST READING this 12th day of September, 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, I-llCKMAN, KELLEY, SCI-llFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of September, 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: .""" NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore Agenda Item No3L ....., Page 4 of 5 "",....... "",....... ~ CITY COUNCIL ORDINANCE NO. 1193 Page 5 of5 ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Agenda Item No.31- Page 5 of 5 /"'"' ORDINANCE NO. 1194 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING AND RESTATING SECTIONS 8.18.100, 14.04.220, 17.70.014, 17.70.038, 17.74.070, 17.76.070, 17.80.020, 17.82.090, 17.82.100, 17.92.050, 17.98.100, AND 17.99.180 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING APPEAL OF NUISANCE ABATEMENT AND PLANNING COMMISSION DECISIONS WHEREAS, Section 8.18.100 of the Lake Elsinore Municipal Code sets the time period to appeal a decision by the nuisance abatement board to the City Council at ten (10) calendar days; and WHEREAS, Section 14.04.220 and various sections of Title 17 "Zoning" of the Lake Elsinore Municipal Code identify a ten (10) calendar day time period to appeal a Planning Commission decision to City Council; and "....... WHEREAS, the City Council wishes to extend the appeal periods for nuisance abatement and Planning Commission decisions to fifteen (15) calendar days; and ' WHEREAS, the language of Section 8.18.100, Section 14.04.220 and the various sections of Title 17 "Zoning" of the Lake Elsinore Municipal Code should be consistent when referring to an appeal of a nuisance abatement and/or Planning Commission decision to City Council. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. That the introductory paragraph to Section 8.18.100 of the Lake Elsinore Municipal Code be amended and restated as follows: 8.18.10 Appeal. Any person entitled to notice of the hearing who has participated in that hearing and who is dissatisfied by the determinations of the hearing officer, may appeal those determinations to the City Council by filing an appeal with the City Clerk within fifteen days from the date of the hearing officer's ;-. decision and by paying the appeal fee set by resolution. The City Council shall set a hearing date within a reasonable time following the filing of the appeal and shall Agenda Item No. 32 Page 1 of7 CITY COUNCIL ORDINANCE NO. 1194 PAGE20F7 ....." hold the hearing at a regularly scheduled Council Meeting. The appeal shall specify: A. A description of the property. B. The abatement proceedings appealed. C. The owner's legal or equitable interest in the property. D. A statement of disputed and undisputed facts. E. A statement specifying that portion of the proceedings that are being appealed, together with any evidentiary or supporting materials that would support the appeal. F. A verification of the truth of all matters asserted. The City Council may limit the issues on appeal, may consider the record produced for the hearing officer, and may allow additional evidence to be produced. Notice shall be provided to the appellant utilizing substantially the same procedure as required for the hearing before the hearing officer. In said notice the appellant will be apprised of the scope of the appeal. The decision of the City Council shall be the final and binding action and the property owner shall be so notified of its determinations. ....." SECTION 2. That Section 14.04.220 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: 14.04.220 Appeals. Any person aggrieved by an act or determination of the Community Development Department in the exercise of the authority granted herein, shall have the right to appeal to the Planning Commission. An appeal of a Planning Commission decision to the City Council shall be filed in writing with the City Clerk within fifteen (15) calendar days from the date of the Commission's decision pursuant to the provisions of Chapter 17.80. SECTION 3. That Section 17.70.014 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: 17.70.014 Time limits for action on Conditional Use Permit. An application for Conditional Use Permit shall be approved or denied by the Planning '-' Agenda Item No.~ Page 2 of7 ,-.... /'"""' ,-... CITY COUNCIL ORDINANCE NO. 1194 PAGE30F7 Commission within forty-five (45) days of its acceptance as complete by the Community Development Department. The Planning Commission, or City Council on appeal, shall approve an application for a Conditional Use Permit for an adult business upon findings that the applicant has met all the applicable requirements and performance standards of this Chapter. Any proceeding to appeal such decision to the City Council shall be filed in writing with the City Clerk within fifteen (15) calendar days from the date of the decision pursuant to the provisions of Chapter 17.80. The City CoUncil shall consider the appeal at a regular meeting within thirty (30) calendar days following the receipt by the Clerk of the appeal, or within such time as the Council shall continue the matter. SECTION 4. That the third paragraph of Section 17.70.038 of the Lake Elsinore Municipal Code entitled "Hearing on revocation of license" is hereby amended and restated as follows: At the conclusion of the hearing, the Planning Commission shall decide whether the grounds for revocation exist and shall submit a written report to the Director. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the Director regarding whether the license is to be revoked. All such reports shall be filed with the City Clerk and shall be public records. . A copy of such report shall be forwarded by certified mail, postage prepaid, to the licensee on the day it is filed with the City Clerk. If the Planning Commission determines that any grounds for revocation exist, as provided in Section 17.070.036 of this Chapter, the Director, based upon the report of the Planning Commission or, if no hearing was requested by the licensee, based upon the report of the City staff, shall immediately revoke the adult business license. The decision of the Planning Commission shall be appealable to the City Council by the filing of a written appeal with the City Clerk within fifteen (15) calendar days following the date of mailing of such decision pursuant to the provisions of Chapter 17.80. A timely filed appeal shall vacate the decision of the Planning Commission. Any such appeal shall be a de novo public hearing held in the manner and within the time limitations set forth in Section 17.70.014. The decision of the City Council upon appeal, or the decision of the Planning Commission in the absence of a timely appeal, shall be final and conclusive. . Agenda Item No.32. Page 3 of7 CITY COUNCIL ORDINANCE NO. 1194 PAGE40F7 '-"'" SECTION 5. That Section 17.74.070 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: 17.74.070 Effective date of the Use Permit. The decision of the Commission shall be fmal unless a written appeal is filed with the City Clerk within fifteen (15) calendar days from the date of the decision pursuant to the provisions of Chapter 17.80. SECTION 6. That Section 17.76.070 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: 17.76.070 Effective date of the variance. The decision of the Commission shall be fmal unless a written appeal is filed with the City Clerk within fifteen (15) days from the date of the decision pursuant to the provisions of Chapter 17.80. SECTION 7. That Section 17.80.020 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: '-"'" 17.80.020 Appeals. Any person may file a written appeal to the City Council with the City Clerk within fifteen (15) calendar days from the date of the Commission's decision. A recommendation of the Commission shall not be considered a decision within the meaning of this Section and cannot be appealed. All appeals shall be on forms provided by the City Clerk and accompanied by a fee as set pursuant to Chapter 3.32 of the Municipal Code. Any member of the City Council may appeal a decision of the Planning Commission by written request to the City Clerk filed within fifteen (15) calendar days of the Planning Commission decision. SECTION 8. That Section 17.82.090 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: 17.82.090 Effective date of Design Review approval. The decision of the Commission shall be final unless a written appeal is filed with the City Clerk within fifteen (15) calendar days from the date of the decision pursuant to the provisions of Chapter 17.80. '-'" Agenda Item No. 3;;L Page 4 of7 CITY COUNCIL ORDINANCE NO. 1194 PAGE50F7 /""'" SECTION 9. That Section 17.82.100 G. of the Lake Elsinore Municipal Code is hereby amended and restated as follows: 17.82.100 Minor Design Review G. The person submitting the project for "Minor Design Review" may appeal the Director's decision and/or conditions to the Planning Commission; provided that said appeal is submitted to the Director of Community Development within fifteen (15) calendar days. The Planning Commission shall hear the appeal in the same manner prescribed for a "Design Review" pursuant to the provisions of this Chapter. Planning Commission decisions may be appealed to the City Council by filing a written appeal with the City Clerk within fifteen (15) calendar days from the date of the decision pursuant to the provisions of Chapter 17.80. No construction related to the "Minor Design Review" shall commence prior to Planning Commission approval, or if appealed, City Council approval. ,r- SECTION 10. That Section 17.92.050 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: 17.92.050 Denials. The Commission may deny or recommend that a petition be denied. Upon receipt of such report from the Planning Commission, recommending denial of the proposed petition, the City Council shall not be required to take any further action, unless the applicant or any interested person, files a written appeal of the action with the City Clerk within fifteen (15) calendar days from the date of the decision pursuant to the provisions of Chapter 17.80. SECTION 11. That Section 17.98.100 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: 17.98.100 Appeals. An applicant or any interested person may file a written appeal of the Community Development Director's decision with the Planning Commission within fifteen (15) calendar days of the rendering of such a decision. Any person may file a written appeal with the City Clerk within fifteen (15) calendar days from the date of the Planning Commission's decision pursuant to the provisions of Chapter 17.80. ~. Agenda Item NO.3.;1.. Page 5 of7 CITY COUNCIL ORDINANCE NO. 1194 PAGE60F7 ......, SECTION 12. That Section 17.99.180 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: 17.99.180 Site plan and tentative subdivision map appeal. The applicant may file a written appeal with the City Clerk within fifteen (15) calendar days from the date of the Planning Commission's decision pursuant to the provisions of Chapter 17.80. Such appeal shall be filed in duplicate with the Department of Community Development. The City Council shall consider the appeal at a regular meeting within thirty (30) calendar days following the receipt by the Clerk of the appeal, or within such time as the Council shall continue the matter. The City Council shall review the site plan and shall approve, approve with conditions, or deny the application. SECTION 13. SEVERABILITY. If any provision, clause, sentence or paragraph of this Ordinance or the appliqation thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 14. EFFECTIVE DATE. 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 12th day of September, 2006, by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, ruCKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ......, Agenda Item No.31- Page 6 of? CITY COUNCIL ORDINANCE NO. 1194 PAGE70F7 ",...... PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of September, 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore /'"" ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore .,- Agenda Item NO..3..2- Page 7 of7 /"""'- CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DA TE: SEPTEMBER 26, 2006 SUBJECT: CRUISE NIGHT RECONSIDERATION BACKGROUND At the August 8th City Council meeting was a request by the Chamber of Commerce and the Downtown Merchants Association to have monthly car shows along the three (3) blocks of Downtown. /"""'- The City Council approved (by a 3-2 vote) for the event to be run for a three (3) month trial period between the blocks of Graham and Heald with Graham A venue to remain open to through traffic. The City Council would reconsider the event following the conclusion of the three (3) month trial period. DISCUSSION The Downtown Merchants Association (DMA) has submitted a letter of request for the City Council to reconsider the original request of closing Main Street from Sulphur to Franklin Street based on the success of the August 26th Cruise Night event, which highlighted 85 cars with over 360 people in attendance. The DMA has circulated a petition to the Downtown Merchants in support of the expansion of the program. The petition reflects 21 businesses in support of the reconsideration. FISCAL IMPACT /"""'- None. '2;:. jT,:M NO. 3. j PAC: I CF ell REPORT TO CITY COUNCIL SEPTEMBER 26, 2006 PAGE 2 RECOMMENDA TION "'-"" It is staff's recommendation that the Mayor and City Council deny the request for reconsideration based on City Council action taken at the August 8th meeting requiring the DMA and Chamber of Commerce to return to the City Council following the three (3) month trial period. PREPARED BY: D """'" APPROVED FOR AGENDA BY: .....", PAC:: I, ...}~.._._~" ~ ---I: I') I 1lV'_~___-..".;r . }\ G ~:\~ ':) !\~ ~ Downtown MnclltIIJIs AssodtItio" Post Office Box 1226 LtIke EIsi1Iore CA 92531 ;;.) ..~-_.~~..- i i j September 5, 2006 Mr Bob Brady, City Manager City of Lake Elsinore 130 South Main Street Lake Elsinore CA 92530 Dear Mr. Brady: Subject: Petitio. to ExteDd Closure of MaiD Street DuriDg Moathly Cruise Show from Sulfur to Fn..tdip As you know, the first Monthly Cruise Show took place on Saturday, August 26, on Main Street between Graham and Heald. Further, we registered 85 cars, counted over 360 people in attendance. and raised over $350 for HOPE from the raffle tickets sold for the prizes. r-- The Lake Elsinore Valley Chamber of Commerce and the Downtown Merchants Association believe this was an extremely successful begilloing to the revival of the Monthly Cruise Shows. We bad so many wonderful comments from the visi~ such as: "We used to have so mueh fun when we visited Lake Elsinore before during their car shows and were so disappointed when they ended." Also, "We are looking forward to com.iug back to Lake Elsinore and next month our whole car club will be coming." To this end, the DMA has circulated petitions to extend the space for the next car show to be held on Saturday, September 23, and the signatures are attached for your review. Based on the layout for Market Sunday, there are 49 spaces approxiJnately on Main Street. We are petitioning the City of Lake Elsinore to extend the closure of Main Street from Sulfur to Franklin This will add approximately 30 more parking spaces for the car show. No side streets will be closed past the alleys to allow for circulation around Main Street. We will arrange to have bigger and better signs directing people to our public parking areas. Also, LEVCC is going to request assistance from the ROTC students to direct visitors to parking as well as provide information. Thank you for your consideration. ~ ~~ Ruth Atkins cc: Kim Cousins, LEVCC AGe:'::;"" ITiM NO. "33 PAC 2 3 c;:: rQ./ Downtown Merchants Association Post Office Box 1226 Lake Elsinore CA 92531 ...., August 30, 2006 To: City of Lake Elsinore City Council and City Staff From: Downtown Merchants Board of Directors Subject: Petition To Close Main Street During Monthly Cruise Show "The first monthly cruise show revival WtlS a huge success. It was sponsored by the Lake Elsinore Valley Chamber of Commerce and the Downtown Merchants Association. It appeared the attendees respected our request not to park on Main Street until after the 3 :00 p.m. street closure. After that, we had 85 cars registered and counted over 360 people in tIIte1uIance. The cars were packed into the two blocks of Main Street. What a wonderful response to our car shows of the past! To this end, the merchants listed below are petitioning the City of Lake Elsinore to extend the closure of Main Street from SuI hurto Franklin. /~9AJ: Ht~Sr J.I ~e.F/5/A0~C', eA W : 9e:?5Z>O ....., Name & Addres~ess Si~ ~cJ Name & Address of Business /11(;011 51-- w,"re./eSJ Signature Q.- ~' Name & AddressOfBusineSS~:.....e .c1~~~. -iz~~ 1'~'" Signature ~~ ~ Name & Address ofB S~/L()IC.f jtJ<j S mAIN .57 Signature Signature ...., w..'". r...,....' ~.lO. 35 i~,. .... p...~.'.l.1'4 . 00: _1 T--- ;<'-'~' --O"-~ r-- Petition To Close Main Street During Monthly Cruise Show - Page 2 Name&AddressofB .. ess >>aJ!.A..~ cf~lse.s. Signature ~ Signature (3 ~ Mc...~~ ~+ \=A_N ~~ Name & Address of Business _~:;;~/L y Signature ~~ ~ Name & Address of Business .-E I 't:J \ t Cl n' ~ J. c { 0 /""'- Signature Yb0~P-b 0 ~~V-\. I ~c.'Z.. Name & Address of Business Signature Signature " Name & Address ofBuoiness 'lll ~l/ jJ~y ~~ Signature .6~ g ?)pj)~ Name & Address of Business /JJOI2A S 41) J/ Dt/ ES Sigoatme ~-<-pk 'fk.l~;:J.....- :4N~~~'-~~&' Name & ~ddress oOQ SIgnature t.'J[~:::;A ITEfii1 NO. P:~C~ \. ~ 33 OF .....elL_ Downtown Merchants Association Post Office Box 1226 Lake Elsinore CA 92531 ......" August 30, 2006 To: City of Lake Elsinore City Council and-City Staff From: Downtown Merchants Board of Directors Subject: Petition To Close Main Street During Monthly Cruise Show - The first monthly cruise show revival was a huge success. It was sponsored by the Lake Elsinore Valley Chamber of Commerce and the Downtown Merchants Association. It appeared the attendees respected our request not to park on Main Street until after the 3:00 p.rn. street closure. After that, we had 85 cars registered and counted over 360 people in attendance. The cars were packed into the two blocks of Main Street. What a wonderful response to our car shows of the past! To this end, the merchants listed below are petitioning the City of Lake Elsinore to extend the closure of Main Street from Sulphur to Franklin.. ~ Name & Address of Business ~...~ &~~+ ~ _ , I 10 'I ~ r;~)/I1M.. IW e Signature ~ u.f'i! E/s/WIlC DA. ?.2~~O """ Name & Address of Signature Signature Signature Name:=ofB1t ~ "-~c- ~~~. ~r~ c....L --:.(.. , ......" U;j. 33 ___Ie.- OF cJ f ,..... Petition To Close Main Street During Monthly Cruise Show - Page 2 ,..... , 14L/ Signatw'e L,~ W:4/f ~ Signatw'e 16~ ;fJ.~ M ---- AuJ 61RQ.tZ I rLe I (A, 12.53D Si Signatw'e Signature Signature Name & Address Signature Name & Address of Signatw'e Name & Address of Business r-- Signatw'e r~o. 33 .;__7 ......, eit!! of 1!ake ELiinote "<Dne: City' ~ got o'l!tou'-' September 19, 2006 RE: Cruise Night Dear Downtown Merchant: The Downtown Merchants Association (DMA) is requesting reconsideration of the City Council approved street closure on Main Street for operation of the Cruise Night event. Please be advised that the reconsideration is asking for full closure of Main Street between Sulphur Street and Franklin Street and will be addressed as an Agenda Item at the upcoming September 26th City Council meeting commencing at 7:00 p.m. ~ David W. Sapp Director of Community Services ......, :cd c. Mayor and City Council City Manager Director of Administrative Services Director of Community Development Information and Communications Manager Recreationffourism Manager _AO:::;!:J:~ rr:u1 r~o. PACE r 5:S OF ~___ '-"" 130 c::South dl/(ain c::St'tu:.t, Lake. E[:1ino'", Cd! 92530 fJe.[e.phone.: (909) 674-3124 9ax: (909) 674-2392 www.lake.-e.[:1ino'te..o't9 ~ MINUTE EXCERPT I CITY COUNCIL MEETING CITY OF LAKE ELSINORE LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 8, 2006 ******************************************** City Manager Brady commented 0 a request for funding to help ass. closure at Main Street. ITEMS PULLED FROM THE CONSENT CAL 5. Monthly Car Cruises - Request for street cruIses wer the even take place. the Chamber of d a Special Events reinstate the monthly ed evious monthly car comm nted on the date and time of where the road closure would that was needed from the City. ",.-, Elsinore Barber & Beauty, La Unica and "'''port of the event. He suggested that the war e City Park. He commented on patrons of local businesses. He noted that he could not MOVED BY S FFNER TO APPROVE THE ITEM WITH AN ADDED CONDITION THAT THE EVENT BE DISCONTINUED IF IT PROVED TO BE A DISADVANTAGE TO DOWNTOWN MERCHANTS. Councilmember Hickman suggested running the event for 3 months instead of 10 months. ,,-- en c.,, c.,........ ""0 33 '.'" I. . - q.____OF .-.elL- Page 2 - City Council Meeting Minutes - August 8, 2006 MOVED BY SCHIFFNER, SECONDED BY mCKMAN TO AMEND THE MOTION TO INCLUDE A CONDITION THAT THE EVENT BE DISCONTINUED IF PROVED TO BE A DISADVANTAGE TO DOWNTOWN MERCHANTS OVER THE NEXT 3 MONTHS. '''-III' COUNCILMEMBER BUCKLEY MADE THE FOLLOWING SUBSTITUTE MOTION: MOVED BY BUCKLEY, SECONDED BY MAGE THE ITEM UNTIL AUGUST 22ND AND NOTIF BUSINESSES, IN WRITING, THAT THE IT BEFORE COUNCIL AND THE EVENT WI STREET, FROM GRAHAM TO LIB CONTINUE NTOWN L BE GOING FROM MAIN Councilmember Kelley request Commerce President and the Downt President. mmented on a ez. . Cousins stressed the alternate location. "-III' re v,vas any evidence that the town merchants. that a few of the local businesses were able patrons. lley noted that closing Main Street had always Council. Councilmew er Kelley noted that she would support continuing the item in order to allow Mr. Cousins to show the support level of the event among downtown merchants. Ruth Atkins, Downtown Merchants Association, commented that she had spoken to a few of the merchants on Main Street. She noted that the merchants see a great increase in the amount of business that they received when a car show is going on. '-' kGG['mA iTeM NO. PAC;:: 10 . 33 OF 4..t-- Page 3 - City Council Meeting Minutes - August 8, 2006 ,;"'" THE FOREGOING SUBSTITUTE MOTION FAILED WITH BUCKLEY, SCHIFFNER AND KELLEY CASTING THE DISSENTING VOTES. ' THE FOREGOING AMENDED MOTION CARRIED BY A VOTE OF 3-1-1 WITH MAGEE CASTING THE DISSENTING VOTE AND BUCKLEY ABSTAINING. ~ ~ r ,~'^';~.. !~-"4 "'0 33 "'1.'.,J~i.\~~'~"'\ Il:l~, "1" . '~ PA(;:;-LOF~ ) -~) --" CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: AUGUST 8, 2006 SUBJECT: MONTHLY CAR CRUISES - REQUEST FOR STREET CLOSURE AND CITY ASSISTANCE BACKGROUND The Lake Elsinore Valley Chamber of Commerce and the Downtown Merchants Association have submitted a Special Events application to offer monthly Car Cruises on Main St. These events would be similar to the ones in the past that were run by Randy Haapala. These events are scheduled for the 4th Saturday of every month (except for December and January) from 5:00 p.m. to 8:00 p.m. The events would require a street closure of Main St. from Peck to Sulphur. This closure would run from 3:00 p.m. to 9:00 p.m. The Car Cruises would include a Classic Car Show, food vendors and a D.J. DISCUSSION The Chamber arid the DMA are asking for approval to close Main St. from 3:00 p.m. to 9:00 p.m. on the 4th Saturday of the month. This is the Saturday prior to the monthly Open Air/Farmer's Market on Sunday. They are also asking for assistance from the City in providing insurance for the events and providing Public Works staff to post "No Parking" signs prior to the events and to set-up and remove traffic control barricades on the day of the event. They are also asking for city assistance with clean-up during and after the event. The Special Events application and a letter from Mr. Cousins requesting City assistance is attached. AG;;Jm;~, IT~M NO. PAC~ I (} # '--' 'wt1I' ......, 33 OF ()J ",..- REPORT TO CITY COUNCIL AUGUST 8, 2006 PAGE 2 o FISCAL IMPACT Staffing costs = $320.00 per event Trash Removal = $150.00 per event Insurance = $300.00 per event Total cost to the City for 10 events = $7,700 RECOMMENDATION Staff recommends that City Council appreve the closure of Main St from Peck to Sulphur on the 4th Saturday of every month (except December and January) from 3:00 p.m. to 9:00 p.m. Staff also recommends that City Council approve the request for City assistance for signage, barricade services, cleaning services and insurance costs associated with these events. ,,-... APPROVED BY: TERI FAZZIO, RECREAT MANAGE Jt NffOURISM c) PREPARED BY: APPROVED FOR AGENDA BY: ,,-... AG::1C:~_ITt:M NO. 33 PAG~ . i3 OF-4L J RECEIVED APPLICA!t~~i~..g: =I:S=S_PBRHI!' c JUL ~ 7 za06 - - - . Ommumfy Services bescrlptlonof.-event: ~ ~ J NaJilS- 0 -Spja .ill. bent -D -re or - -t();r l-o.cai centacst) . Pa.~ t..{~(.. L,E1:?S3 Aadr~.s fC - : VSi:il:t:e - 11>1 - - .~S:I(Ia_-7S-1537 - !relePhone - - ~COC Ant-c1pated daily employed to conduct attendance event . Q'Q ~,-oser ,S'(7l.ee I) @ 3 -('M. All of the following -document.s m\1I!!: be event. --~~t-. Open - !9 - fl'..- - i;~t '1'0 ClOse .t.Qcationof:event: 7/~-~ .... Date' f pp i~a. S&rt.n9 - -.~ Date . --1<; "" CFw~;.. ~ Name of --Spon- . cpr- n1: please) L~ t,.5~ rl~fd . kl ~s~ : . -e par n~ spaces needed (peak time) -oP'€N~ ~e~ on file prior to start of ~ 1. Applia~tion for Bu.-in.ss Tax to be comPlete" by. busin~s _owner. Includes, b~t is not limited to, all cQmmerg1a~ andi~in.rant vendors, oarnivals,. displays, sellers, ~yobe -Who .offe~sa service, and/or contractors performinq wor~.. - 2. . A list o-f all empl:oyees who will be workJ.n~ the ev-ent, to include name, current address, date of birth, driver's license~ and a current photo of each. . 3. A written explanation of .the applicant's plans to provide:_ a. Security b. Fire Proteotion a.Water supplies and facilities d. Food supplies and facilities e. Sanitation fac!litie~ f. Vehicle access .g. Parking spaces- h. Traffic control 1. Clean-up plans for - the premises 4. List the number and type of food concessions. "WI' ACEND:\ ITdlii NO. PAC:. Jif 33 OF OLl ,,-.. spe~ial Bv~nt Permit Application (continued) o 5. A dlaqr~ of the layout of premises involve~ showing 1ocation .~: . . a. staging Area . b. Parking, a.Rides d. Games.and concessions e. ' Fire. .e,xt.1nguishers f. .Tra$~_ disposal and sanitation facilit"ie$ g. Tents ': h. Fue1atf;)rage . i. ber.gancy vehicle acC8$S j. Food supplies/facilities (If requesting a streetpermitishowrou~e, p~opo.ed traff,ic c;ontro~ ,1oca1:ions, site of staqinq: area., parking, sani t.t:ion faoil.ities, etc. .6. Insurance cert:~tioate shall be s\l1:)mitt.d to prov1.4e proof of p.rso1l:~l ~j.ury and prop~rty damAge insurance' in the' amoW)1: of $1 mill1;on wi~t:he c~ty of Lake E"l~inore, its offioe~~, ag~ts, ~andemployees, noee') as .Addi~lonal In~ured. Insurance company must have an A+ rating in the Best 's Key'Ratin9 Guide. ' , /'"""' Expirationnate C) . ' City Named? ' Company, Amount' 7. Letter of permission from'property owner, if applicable. 8. Sign Release and Indemnification Agreement. 9. Sign American with Disabilities Act Discrimination Agreem~nt. SPEC~AL DEPARTMJNT l.b]VlSION 'CONCBRNS Police 'Department: ~~ )A ~,~ Fire Department Public Works ,..-..- - All games I .secur.i ty reqpirements, and ABC (alcohol) permitsJQust be approved by the Chief of police or bis rep.r$sentative. Est-imated man hours recommendedfpr' 1:r:aff_1c control' &\rid/c?r---- policing will" be handled by the Police Department .r:epresentative as required,. Tents, booths, fire protection devices ,fuel ~t.orage, cooking apparatus, publlcasseJDbly areas, and.e:mergency vehicle access. a. Traffic control b. Clean-up c. Trash bins/containers d. Physical facility maintained/repaired AGE:'~Gi~ ili:.M NO. 33 PAC.::' I h - OF ~ I 7BBS )tOR' SPBCZAL BVBHS PBRJa~ :)DDlication/Filina Fees: $ $.. Multi-day event Single-day event $ $' '-"" .out:4;por Fjlci1itv Use Fees: $ ~Dos-i t ,orBQnd* .Major EVent x _ days Type o'f activity'will determine the ;u.nount of depOsit or bont!. $ $ .. Any fe.es that arise from .event: will be t:ak~n out: of bond or deposit. BUSiness. license, .b~ildin9 '..permits, .tire permits,wa~er permit:.., and any fees for booth, carnival and ~en:t~J' wil-l be pald se~aX'ately. AHO~ RBCEIVEDt $ Application/Filing Pee outdoor Faci11~~ Use Pee . DeposltlBCimd (amount covers Police/~lic Works) Estillu~ted .c;9st~: . Police Fee Public Works TOTAL AHOUNT DUB: Amount Dat. Amount nate .' ADiountDate. fainess License * ~. Building Permits * Fire Department Permits * Water Permits * Amount Amount. Date Da'te Date "'-' Amount AJnount Date * These fees will be paid separat.ely and will vary depending- upon tbe n\Ull.ber of businesses, tents, bo~ths,and rides at the event. I DECLARE QNDER PENALTY. OF .PBRJDRY THAT THB IN;FOJUfATION IN THIS APPLICAT.ION'J TO THE BEST OF MY 1(NOWL!OOE AND BELIEF , 28 TRUB ANI) CORRECT. DAT.: .7/nl""'..... APPLl:CWl'r. ..... ' . BY: .s 911a tire Partner, or OWner BY:' S.ignatureot. Secretary, Partner, or owner Procedure Applications must be filed at least 'O-days before the ev.ent at the Communi ty services Deparbnent, (zity Hall, 130 S. Main street, Lake ....lsinore . Departments will review and City Manager provide a response ithin 30-days. You may appeal City Manager's decision to Ci~y Council within 5-days after decision rendered. Please file application as. early as possible to ensure adequate ti~e for revision and resolving any problems that may arise with the event. "'-' AGEr{D;~ ITi:M NO. PAC;:: LI " 33 Cf: :J J ~ Date Special Event Packet Hailed , o BventHame': Bv~ntDat~: , ContaQtP~~bn: ' Addre.s: '':J'elephone: ' . , .#.. . # -' CITY Ql,~ .lS:IN9RB"SPEC:rA~ ~ 'CHE~K ~Sl' Fill out event application. pile event applicatio~ and pay fi~i:ng fee ~oility ~enta'l fee, . . - ~ ---- :Pay cash bond ~or e.taate cost ot polic., tir., andC~uni~y S_rv,ices Division.' $ refundable if no costs arise from event. Develop scale map of event with fire lanes. ' Obtain $1 million insurance'policy namihg ~e City of Lake Elsinore ,ana its ofticersas additional insured. . Obtain an app;lica~~,on to serve food from the Riversic1e county Environmental Health Department. On the day of the event, gallles,' tents, anq' b()Oths will be inspected by (--)',' t~e City's Fire, ~olice, and Building Departments. ~ Fire inspection per1nit~ cost will vary depending on number of rides, ~ooths., and tents . ~ Obtain proper permits from Department ~f Alcoholic Beverage C9ntrol when selling alcohol (909/782-4400) 'Parking Plan. Alcohol involvement. Group responslble for: additional charges arising from the event. Must provide own security. A detailed event cost 'will be determined after meeting with event prollloter. Provide Articles of Incorporation and copies of state and Federal documents identifying group as "non-profit" when applioable. sign ADA form. Sign Release and IndeJDnification Agreement. Provide a letter (if applicable) frOlil landoWner allowing event. r" = i~ems required to be completed by event promo~er / I , AC~r{D.:l~ iT~rvi r;o. 33 PACE 17 OF~~~ ) aHCDL .avmr,r ULBASB Al.fI>nmmo.a~tr(:aT:rQ.A~ . '. ......., .As .ponsoro~ t:be eveni: .c1escrJbed '~er_~. -.It.t. :.~stood .tbat t.t a permit is. approve4j we, dtf. c,L.~. '.. V' '.1 1- t ~. ... to indemnify 1:he city ~t: 6: .1.~a~. .aiD.' -. Ulp .y....~. ..rv_ta IUld ~gen't.8, andhold-thea habl... {re.. ~.:1:~a17il1't.y, ~ty, ~eqeu. or los~ ~ri$ing OU~ .or any.1ni~ to ..y j)e.r.~1'1 or .-~9. t.~ any 'pl"~~ r..\111:in9~rom 'the p~ovl~l~n ~~ ta.i1W_ to.~rov1~.S81tVic.. '~Q~ this special -event p.~it,Qr th. ..fov.l Q~r80t.,. tJJ~l_in9' 1ti~ut restriction any BUell l~-abJ.l~ty, ..~~:ty, O):'lu. ~J.tl'ti1l9. ti-. tb. activeQr pass-lve negltgance of the c!:ty, -1ts eJaploy.", servant. or aqents. The undersiglled agrees to pay ~or additional City eo.ats :lU)'t. -oovered by the deposit or. "bond. - .' 'OAt. .=t.1i7/Q'l2. . Oa~e' / .-.... '.' ... r' - : . -~.. . ~ j) -.." UBlUCWl8lfID D%'QABIK7U8 AC~ (UA) As sppllsor of the event descr' ed -her_i periai t is approved, we, 'to follow feeleral regula of race, color, tu~tional t:h~t if agr.e . . ~a81s Signature of EVentCha1r . -. Date 1/z;7/~ r.. Date' _ ".'C' """'" AGEm:;p.ITavl r'~o. PAC::' 1 ~ 35 - f'I!: _1 I y~~.._<" '---//\ \ """",,- \ ..............,----- '\, ---~ .....;) OJ' () ".. lot' -~ '\-.\" .- ~ 'v <:::: r f'I1NI"'-fN - 1 "..... ":J'" ~)> -p-'- .,.7" ('\'> '"' ",- \" '\ \ ~ r' ~ ~ ~ ~. " ' '\ 3. ~ \11 Q~ ~X ~ 1 V) -0 E- c;f?.A-HAM- --p z fj' \ t r -r: r ~ S' . l-SIA LPHvR~ ~, , c.. (' > <:- o ~ . r q > AGENOi~ ITtM NO. 33 PACEJr _O'r fit o /"'..-.., L) :) j July 31, 2006 To: Teri Fazio From: Kim Cousins Subject: Monthly Cruise Nights ....." The Lake Elsinore Valley Chamber of Commerce, The Downtown M~ts Association in conjunction with the City of Lake Elsinore took the initiative to bring back the Monthly Cruise Nights following the Annual Rod Run after P&R Promotions cancelled these events. The exposure for the Historic Downtown area is vital to increasing our Towismbusiness__ As these events are beyond the scope of either organizations budget, we are attempting to create a quality event with a minimal impact to our bottom lines. To that end we ask the City of Lake Elsinore to provide the following services at CO$t or at no fee: . 1) EventFee 2) Street Closure Fees 3) Liability Insurance The Lake Elsinore Valley Chamber of Commerce will provide security at these events uti1i7.ing the Sherifr s Posse. '--' If you have any questions, please do not hesitate to call Kim Cousins at 951.834-5521 or Ruth Atkins at 951-201-1555. Thanks on behalf of the Lake Elsinore Valley Chamber of Commerce and the Downtown Merchants Association. Sincerely, (2~ Ruth Atkins ....." AG~j'mf1.lTcM r-iO. :33 J>AC-E rJP CF-dL- ,..- ,,-- ,..- LEVEL OF CITY SUPPORT FOR DOWNTOWN EVENTS . CRUISE NIGHT/CITY STAFF 1 Staff @ 10 hrs. @ $20 per hr. = $200 1 Staff @ 2 hrs. @ $30 per hr. = $ 60 1 Staff @ 2 hrs. @ $30 per hr. = $ 60 TOTAL $320 CRUISE NIGHT/TRASH REMOVAL Excel Landscape @ $150 per event = TOTAL $150 $150 CRUISE NIGHT EVENT INSURANCE Driver Alliant @ $300 per event = $3000 ANNUAL COST TO CITY/CRUISE NIGHT $770 per event @ 10 events per year = $7,700 Acr;UDA ITEM NO. ~ .PACE cJ.l OF. :) I '. o c) /"'. CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: SEPTEMBER 26, 2006 SUBJECT: ORDINANCE REGARDING CITY COUNCIL MEMBER COMPENSATION BACKGROUND ;'" In a general law city such as Lake Elsinore, the maximum permitted compensation for city council members is controlled by California Government Code 9 3 6516 ( a) and is based on population. Ordinance No. 752 (September 1985) established City Council compensation at $300 a month, the maximum allowable in cities with populations not exceeding 35,000. The population of Lake Elsinore is now over 41,000 which, according to the statutory schedule, allows for City Council compensation up to $400 per month. DISCUSSION In order to adjust Council member compensation, the City Council must adopt an Ordinance amending Section 2.08.020 ofthe Lake Elsinore Municipal Code. Once the Ordinance is adopted, the increase becomes effective only after the November 2006 election and upon the commencement of the term of ~ffice for newly elected members. FISCAL IMPACT Up to $6000 annually ,,-.., AflENDA ITEM NO. ?4 _u_ I __ c:; REPORT TO CITY COUNCIL SEPTEMBER 26, 2006 PAGE 2 OF 2 ...,; RECOMMENDATION Approve the first reading of the attached Ordinance No.l.24u amending and restating Section 2.08.020 of the LEMC by title only and waive further reading. PREPARED BY: BARBARA ZEID LEIBOLD, CITY ATTORNEY APPROVED FOR AGENDA BY: ....., ~ AQEl\I)A ITEM !\if' 8'-1 """~::::~~ PA Gf:: ;2 rv: ~ r- ORDINANCE NO. laf) I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 2.08 OF THE LAKE ELSINORE MUNICIPAL, CODE REGARDING INCREASING SALARIES OF CITY COUNCIL MEMBERS WHEREAS, Government Code Section 36516 regulates the amount and manner of setting the salary for the members of City Council based on population; and WHEREAS, the current City Council salary of $300 per month was based on a population under 35,000; and WHEREAS, once the 'population increases over 35,000, the City Council may adopt an Ordinance increasing the City Council salary to $400 a month; and WHEREAS, the City's population is now over 41,000; and ,--. WHEREAS, any salary increase takes effect only when at least one member of City Council begins a new term. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.08 of the Lake .Elsinore Municipal Code is hereby amended in its entirety as follows: 2.08.020 Compensation. Members of the City Council shall each receive compensation for their services in the sum of four hundred dollars ($400) per month. SECTION 2. The salary increases adopted by this Ordinance shall become effective January 1,2007. SECTION 3. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. ,--. " lP-''lc>~ 3 31 ., S !t~~1JA &Ti,;[It,.r. CITY COUNCIL ORDINANCE NO. PAGE20F3 ...., 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 , 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: PASSED, APPROVED AND ADOPTED UPON SECOND READING , 2006, upon the following roll call vote: ,..., A YES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore """" AGENDA ITEM NO. :3 i PAGE LJ ~ s "".-.. /'"" ~ CITY COUNCIL ORDINANCE NO. PAGE30F3 ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore ItIENJA .TEN r~< _?::i=== '" Pf',~~5- t~,"~5~m"=,' ",-. CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CI1Y MANAGER DATE: SEPTEMBER 26, 2006 SUBJECT: ORDINANCE REPEALING CHAPTER 2.09 OF THE LAKE ELSINORE MUNICIPAL CODE BACKGROUND ",-. Chapter 2.09 of the Lake Elsinore Municipal Code and City Council Policy No. 100-2 are both entitled "Code of Ethics." There are inconsistencies between these two Codes. In addition, the Municipal Code provisions are inconsistent -with applicable State laws and implementing regulations. State laws impose strict requirements governing the conduct of public officials. These laws include (without limitation) the following: · Political Reform Act ("PRA") (Gov't Code 99 81000 et seq): Requires public officials to disclose financial interests and prohibits participation by public officials in any governmental decision in which the official has a disqualifying financial conflict of interest. · Gov't. Code 9 1090 et seq.: Prohibits public officials from having a financial interest in any contract entered into in their official capacity. · AB 1234 (Gov't. Code 99 53232 et seq): Requires local public officials to complete mandatory ethics training and establishes requirements for reimbursement by local agencies of actual and necessary expenses incurred by such officials. · Brown Act (Gov't Code 99 54950 et seq.): In addition to establishing the open meeting requirements and outlining the exceptions thereto that permit closed session discussion, the Brown Act prohibits the ".-. disclosure by public officials of confidential information obtained in closed session. AGENDA ITEM NO.-1..2 PACE-L-Of~ REPORT TO CITY COUNCIL SEPTEMBER 26, 2006 PAGE 2 OF2 """"" DISCUSSION In accordance with the requirements of the Political Reform Act, the City Council conducted its biennial review of its Conflict of Interest Code and adopted an updated List of Designated Employees on September 12, 2006. At the same meeting, the City Council approved revised City Council Policy No. 100-2 entitled "Code of Ethics" to guide compliance and implementation of the various conflict of interest and related regulations governing City Council conduct. . State laws and implementing regulations together with the City's Conflict of Interest Code and "Code of Ethics" (City Council Policy No. 100-2) impose a comprehensive regulatory scheme governing City Council conduct. Consequently, the provisions of Chapter 2.09 of the Lake Elsinore Municipal Code are unnecessary and should be repealed. By repealing these provisions, the City Council will avoid redundant and/or conflicting regulations. FISCAL IMPACT .~ None. The proposed Ordinance repeals an outdated Chapter of the Lake Elsinore Municipal Code and has no fiscal impact on the City. RECOMMENDATION Approve first reading of the attached Ordinance No.J dJJJ... repealing Chapter 2.09 of the Lake Elsinore Municipal Code by title only and waive further reading. PREPARED BY: BARBARA ZEID LEIBOLD, CITY ATTORNEY APPROVED FOR AGENDA BY: '-"" AGENDA ITEM NO. PAOE2 36 OF..1t ~ /""'"' ORDINANCE NO. ~J d-.OJ--- AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING CHAPTER 2.09 CODE OF ETHICS OF THE LAKE ELSINORE MUNICIPAL CODE /""" WHEREAS, in 1984, the City of Lake Elsinore, California (the "City") adopted Ordinance No. 728, which added Chapt~r 2.09 "Code of Ethics" to the Lake Elsinore Municipal Code (Chapter 2.09); and WHEREAS, in 1986, the City adopted Policy No. 100-2 also entitled "Code of Ethics" which Policy was revised on September 12, 2006 to conform with applicable state laws and regulations; and WHEREAS, Chapter 2.09 has not been amended since it was adopted and, in its current form, conflicts with applicable state laws and regulations and with City Council Policy No. 100-2; and WHEREAS, state laws and regulations together with City Council Policy No 100-2 and the City's Conflict of Intere.st Code adopted and reviewed biennially in accordance with the Political Reform Act, create a comprehensive regulatory scheme governing the conduct of City officials; and WHEREAS, the provisions of Chapter 2.09 of the Lake Elsinore Municipal Code are potentially confusing and unnecessary in light of applicable state laws and regulations and the City's Conflict of Interest Code and City Council Policy No. 100-2. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Lake Elsinore hereby repeals Municipal Code Chapter 2.09, entitled "Code of Ethics" in its entirety. SECTION 2. If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. ,,-... SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. AGENDA ITE~. JS' PACE 6 OF~ CITY COUNCIL ORDINANCE NO. PAGE 2 OF2 '-'" INTRODUCED AND APPROVED UPON FIRST READING this _ day of , 2006, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: . PASSED, APPROVED AND ADOPTED UPON SECOND READING this _ day of ,2006, by the following roll call vote: AYES: COUNCILMEMBERS: ' NOES: COUNCILMEMBERS: ~ ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: , Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney ......" Ordinance Repealing LEMC Chapter 209 091906 2 ACENDA I1f:M NeJ. 3 S- PAOIL 4 =01=_ Lf -- - ~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DA TE: SEPTEMBER 26, 2006 SUBJECT: WASHINGTON, D.C. LOBBYING SERVICES CONTRACT RENEWAL BACKGROUND The City's contract with the Ferguson Group for Washington, D.C. lobbying services will expire on October 31, 2006. This is to consider renewal of the annual contract from November 1, 2006 to October 31,2007 (Attachment "A")~ The r-- contract term, scope and cost are unchanged. DISCUSSION Last fall, the City engaged a Washington D.C. lobbying firm, The Ferguson Group, to advocate on the City's behalf for federal appropriations to help fund approximately $13 million in vital transportation and lake-related projects (Attachment "B"). Because of the political climate in Washington, D.C. this year, no Congressional earmarks for City projects were approved for the 2007 federal budget. The August memorandum by our Washington, D.C. representative, Mr. David Kennett, summarizes the climate in Washington, D.C. and circumstances in this election year that have severely limited '07 federal appropriations (Attachment "C"). The City did an admirable job presenting its legislative agenda and cannot be faulted for the result of this first year's lobbying efforts. In comparison, no city, special district, nor agency in our Southwest California corridor received earmarks, either. It is apparent that we must continue our lobbying efforts to press the case for federal funding in 2008, so the City's priority projects can move forward. r' ~GENDA ITEM NO.~ PAGE I ~ Staff supports continuing our lobbying efforts based on the existing legislative agenda and estimated funding requirements to complete these vital projects. ......, FISCAL IMPACT Sufficient funding for lobbying services is included in the budget for Fiscal Year 2006- 07. Free, unlimited use of Grants Locator, an online database, is also included. ITEM COST MONTHLY RETAINER $6,000 (monthly installment x 12 for a total of $72,000) REIMBURSABLE EXPENSES $5,000 (not-to-exceed amount during the life of the contract) TOTAL CONTRACT AMOUNT $77,000 TERM OF ENGAGEMENT Annual, from November I, 2006 throulZh October 31, 2007 RECOMMENDATION Approve renewal of the lobbying services agreement with The Ferguson Group for 2006-07 and authorize the City Manager to execute the agreement. PREPARED BY: MARK E. DENNIS, INFORMA TION/COMMUNICA TIONS MANAGER ....., APPROVED FOR AGENDA BY: ......, Sl.p ACENDA ITEM NO. PAGE ~ OF IS: ATTACHMENT "A" .~ AGREEMENT THE CITY OF LAKE ELSINORE AND THE FERGUSON GROUP, L.L.C. Pursuant to this Agreement, The City of Lake Elsinore (hereinafter referred to as "the City") and The Ferguson Group, L.L.C. (hereinafter referred to as "the Washington Representative"), agree to assume the following obligations: 1. OBLIGATIONS OF THE FERGUSON GROUP A. The Ferguson Group will act as the Washington Representative to the City in Washington, D.C. B. The Washington Representative will confer with the City Manager, and such other personnel as he may designate, at the times and places mutually agreed to by the City Manager and the Washington Representative. This will be done on all organizational planning and program activity that has a bearing on the ability of the City to make the best use of federal programs and develop strategies consistent with federal agendas for accomplishing the City's goals and objectives. C. The Washington Representative will review federal executive proposals, legislation under ,,-., consideration, proposed and adopted administrative rules and regulations and other Washington developments for the purpose of advising the City, on the Representative's own initiative, of those items that may have a bearing on the City's policies or programs. And, the Washington Representative will notify the City in advance of opportunities for federal funding prior to formal publication and obtain applications upon request. D. The Washington Representative will secure and furnish such detailed information as may be available on federal issues in which the City indicates an interest. E. The Washington Representative will review and comment on proposals of the City, which are being prepared for submission to federal agencies, when requested to do so by the City Manager. F. The Washington Representative will maintain liaison with the City's congressional delegation and assist the delegation in any matter that is in the best interest of the City and in the same manner as any other member of the City's staff might render assistance. G. The Washington Representative will counsel with the City and prepare briefing materials and/or conduct briefings for City representatives who are preparing to meet with Members of Congress and/or testifying before congressional committees and administrative agencies. "....... H. The Washington Representative will arrange appointments (and accommodations when 1 .30; AGENDA ITEM~O. PAGE 3 Of / ~--- ATTACHMENT "A" requested) for City officials to facilitate the efficient and effective performance of City business while in Washington, D.C. '-"" I. The Washington Representative will contact federal agencies on the City's behalf when applications are under consideration by such agencies and otherwise take whatever steps necessary to obtain the most favorable consideration of such applications. J. The Washington Representative will provide grants identification and information services through Grants Locator, a comprehensive online database of federal competitive grant opportunities. The City will be provided IDs and passwords for an unlimited number of users. K. The Washington Representative will submit periodic reports providing the latest information on issues of interest to the City; and provide an annual report giving an overview of The Ferguson Group's work over the past year and a forecast of issues to be faced in the upcoming year. L. In fulfilling the responsibilities under this Agreement, the Washington Representative will act in the name of the City and with the title Washington Representative to the City of Lake Elsinore. 2. OBLIGA nONS OF THE CITY OF LAKE ELSINORE A. The City will contract with the Washington Representative for a period of twelve months. '-"" B. The contract will be for $72,000.00 payable in advance in equal monthly installments of $6000.00. C. The City, through the City Manager, will advise the Washington Representative of the name or names of persons other than the City Manager authorized to request service by the Washington Representative and the person or persons to be kept advised by the Representative. D. The City will supply the Washington Representative with a summary of all federal issues in which the City has interests and advise the Washington Representative of any new developments, together with the pertinent details as to the substance of such developments. E. The City will supply the Washington Representative with copies of budgets, planning documents, and regular reports from the City Manager's office, and other materials to assist the Washington Representative in keeping current on the City's policies and programs. '-"" 2 3(P AGENDA ITEM NO. PACE 4 OF. /~ --- ATTACHMENT n An ~ F. The monthly retainer does not cover: (1) travel expenses incurred pursuant to paragraph 1; (2) travel expenses for attendance at any other conferences attended by the Washington Representative outside of Washington D.C. at the request of the City; (3) incidental Washington expenses incurred in the course of conducting City business; (4) all long distance telephone expenses; (5) document production. G. Expenses pursuant to paragraph F will not exceed $5000 for the life of this contract. 3. THE CITY OF LAKE ELSINORE AND THE FERGUSON GROUP CONCUR THAT THE FOLLOWING EXCLUSIONS SHALL APPLY TO THIS AGREEMENT. The Washington Representatives assigned to the City: A. will not represent the City before formal congressional committee hearings or in any judicial or quasi-judicial hearing conducted by boards or examiners of federal agencies or commissions; B. will not perform any legal, engineering, accounting or other similar professional services; 4. Either party may terminate this Agreement at any time by giving the other at least sixty (60) "..- days notice in writing of such termination. This Agreement shall take effect the 1 st day of November 2006 and terminate the 31 st day of October 2007. THE FERGUSON GROUP, L.L.C. CITY OF LAKE ELSINORE W. ROGER GWINN President ROBERT A. BRADY City Manager r-- 3 r\GENDA ITEM NO. PACE """ 3(P OF IS ATTACHMENT "B" ....., ....., City of Lake Elsinore Fiscal Year 2007 Congressional Agenda -....; AGENDA ITEM NO. 3lp . D4nC ~ OF ~ ATTACHMENT nBn ",,-. City of Lake Elsinore Fiscal Year 2007 Congressional Agenda Project Description Bill Account Request 1-15/Railroad ""-'anyon Road Improve major interchange DOT FHWA $8 million Interchange on Interstate 15 Improvements Lake Elsinore Safety and recreational Recreational improvements to City's TT-HUD EDI $2 million Facilities recreational area and boat Rehabilitation launch Lake Elsinore Rehabilitate lake through Energy and Corps of Environmental enhancing fishery and Engineers - $500,000 Enhancement restoring wetlands Water Section 206 Lakeshore Drive Safety and aesthetic Improvements enhancements to main DOT TCSP $2,000,000 economic thoroughfare Lake Elsinore Comprehensive water quality Watershed Interior EPA - STAG $500,000 Improvement monitoring program Contact: ",,- David Kennett The Ferguson Group (202) 331-8500 dkennett@tfgnet.com 3Cp AGENDA ITEM NO. PAGE 7 OF / s-::: ATl'ACHMENT DB- ""'" City of Lake Elsinore Interstate IS-Railroad Canyon Road Interchange Improvements FY2007 TT -HUD Appropriations Request: The City of Lake Elsinore requests $8 million for right-of-way acquisition for an improved interchange on Interstate 15 at Railroad Canyon Road. Matching Funds: Matching funds are available through locally collected Transportation Improvement Fees, locally collected area benefit district fees, and locally collected Regional Funds (Transportation -....J Uniform Mitigation Fees - TUMF). Project Purpose: Railroad Canyon Road serves as a connector route between 1-15 and 1-215 in Southwest Riverside County. The current interchange with 1-15 serves approximately 50,000 vehicles per day. In its current condition, during peak hours of travel, vehicles are backing onto the freeway mainline in both the north and southbound directions. This unsafe condition interferes with the capacity and function of this highway section. The level of service at the intersections adjacent to this interchange is rated Service-F. The Railroad Canyon Road/I-IS project not only serves the City of Lake Elsinore, but creates regional benefits as it serves the City of Canyon Lake and community of Menifee to the east, and the community of Wildomar to the west. The entire region benefits from increased traffic safety both on the main line of 1-15 as well as through regional surface streets. An ancillary benefit to the project is the reduction in traffic delays lowering vehicle emissions by reducing "stop and go" traffic. Further Information: City Staff is currently working with Caltrans to complete the Project Report. This document is anticipated to be completed by Fall-2006. Preliminary environmental review is also underway by City and State staff. Plans, Specifications and Estimates will be completed for bidding purposes in approximately 12 months by Fall of 2007 and construction is anticipated to begin early to mid 2008. ""'" AGENDA ITEM NO. 3(p PAGE ~ OF /5 ATTACHMENT nBn ,-- City of Lake Elsinore Lake Elsinore Campground and Boat Launch Facility Rehabilitation Project FY2007 TT -BUD Appropriations Request: The City of Lake Elsinore requests $2 million from HUD's Economic Development Initiative Account to construct safety and recreational enhancements to the City-owned recreational area and boat launch at the lake. Rehabilitation of the boat launch facility includes a six-lane boat launching ramp, three boarding floats, 288 vehicle/trailer parking area, launch ramp apron and staging area, restroom building, boat ...-.wash-down area, fish-cleaning station, landscaping, picnic area and lighting. Matching Funds: The California Department of Boating and Waterways has awarded a $3 million grant to the project and the City has dedicated $2 million from park fees, Developer Agreement Contributions and general funds for project construction. Project Purpose: This facility has deteriorated with time and requires rehabilitation to serve the needs of the boating public and increase safety for shoreline users. Safety is paramount as five people drowned off the shoreline in the summer of2000. The existing boat launch facility and peninsula become submerged at a lake elevation higher than 1,240' MSL (feet above mean sea level). The current Lake elevation is approximately 1,251' MSL. The renovation of the boat launch will cause the facility to be fully operational under lake elevations ranging from 1,235' MSL to 1,256' MSL. In addition, the parking lot, entrance roadway and restroom facilities will be raised greater than, or equal to an elevation of 1,256'MSL. Currently, Lake Elsinore's boat launch facilities are inadequate to serve the needs of the boating public and commercial boating industry. Approximately 26,000 daily lake-use passes were sold by the City in 2005. Growth projections based on a similar lake, Lake Perris, show an increase of 300% over the next fifteen years for Lake Elsinore if adequate boating facilities, stabilized lake level and water quality are provided. In addition, the City of Lake Elsinore hopes to attract boat manufacturers and dealerships to the region by providing upgraded boating faculties. ,-- Further Information: Public bids for the construction of the project will begin in October 2006 with the project scheduled for completion by July 2007. 8(P AGENDA ITEM NO. - PAGE ( of I~-. ATTACHMENT "B" """'" City of Lake Elsinore Lake Elsinore Environmental Enhancement Project FY2007 Energy and Water Appropriations Request: The City of Lake Elsinore requests $500,000 from the Army Corps of Engineers Section 206 account to support the on-going local effort to reduce algae levels at the lake. Matching Funds: Approximately $750,000 from Prop-13 Water Bond has been expended by Lake Elsinore/San Jacinto Watersheds Authority to improve the fishery through harvesting Carp, maintenance stocking of striped bass (non-reproducing) and development of a "Fisheries Management Plan" for Lake Elsinore. The City spends $50,000 per year on the project. .---" Project Purpose: Based on decades of observations of unbalanced fish populations in lakes, it was discovered that the amount of algae present is often dependent upon the structure of the fish community. Lake Elsinore's fishery contains a disproportionately high number of rough-fish and bait-fish; with a comparatively low population of predatory sportfish. Funds will be used to restructure Lake Elsinore's fishery by providing protected spawning habitat for predatory sportfish. The project consists of grading to contour shorelines, providing Carp-exclusion barriers, the establishment of aquatic plants, stocking fish and the addition of artificial and natural fish habitat. The cost of nutrient control to the degree required to meet federal/state water quality standards for Lake Elsinore may be cost prohibitive. Alternatively, a combination of limiting nutrients in the watershed to the maximum extent practicable, lake aeration, lake-level stabilization and biomanipulation of the fishery is the best approach to achieve the objective. This project complements and works in conjunction with completed or ongoing projects and is a low cost method to attain the water quality standards by manipulating the food web through restructuring of the fishery. The community benefits include substantial cost savings to achieve mandated water quality improvements, improved sportfishing, improved water quality, increased tourism and promotion offuture economic development. Further Information: The project is supported by Elsinore Valley MWD, Lake Elsinore/San Jacinto Watersheds Authority, San Jacinto River Watershed Council, Lake Elsinore Bass Club and County of Riverside. ....., 3Cp ACENDA ITEM NO. MOl )0 OF /.s- 17"fI ATTACHMENT -B- /"""' City of Lake Elsinore Lakeshore Drive Improvement Project FY2007 TT -HUD Appropriations Request: The City of Lake Elsinore requests $2 million from DOT's Transportation and Community Systems Preservation account to construct safety and aesthetic improvements with historical preservation elements on Lakeshore Drive, a key arterial and economic corridor. Matching Funds: The City will have spent $300,000 on the project by June 2006. I: 1 matching funds .---are available through a locally collected Transportation Improvement Fee. Project Purpose: The project will widen Lakeshore Drive from two lanes, one in each direction, to provide a median island with protected left turn pockets. This project will serve residents as well as tourist visiting for recreation by providing aesthetic enhancements and safety. Aesthetics in the area will be upgraded by incorporating a landscaped median and use of 'acorn' style historic lights. The widening project will also enhance the view of the lake through cooperation with the Edison Company's Rule 20A providing funds to underground unsightly overhead power lines. Safety will be provided for with breaks in the median to provide left turn pockets. By segregating the turning movements from the through movements, fewer conflicts will arise and fewer accidents will occur. City Staff has been working with the local Historic Society on plans to salvage, recondition and incorporate the historic streetlights into the alignment. These lights will be placed at the local intersections along this segment of Lakeshore Drive and distributed evenly along the roadway median. Further Information: The project is currently in the design phase which will be completed by June 2006. Funding does not currently exist for the subsequent steps of right-of-way acquisition, environmental investigation and construction. If funded, the project could potentially be in construction by March of 2007 with completion anticipated in June of 2008. .--- 3<.0 ~\Ju\lDA ITEM NO. . _- .- ---PAeE / /. OF IS": ATTACHMENT "B" ....., City of Lake Elsinore Lake Elsinore/San Jacinto Watershed Improvement Project FY2007 Interior Appropriations Request: The City of Lake Elsinore requests $500,000 to continue a comprehensive water quality monitoring program in the Lake Elsinore/San Jacinto Watershed. Matching Funds: The project received $15 million in 2000 from the State Prop-13 Water Bond. Future matching funds are available from the Lake Elsinore/San Jacinto Watersheds Task Force. Congress appropriated $500,000 for the project in 2000. Project Purpose: Over the short course of modern human history in the San Jacinto River Watershed, civilization has diverted water from Lake Elsinore, while simultaneously adding heavy nutrient pollution. Lake Elsinore has become a culturally eutrophic lake that periodically experiences severe algae blooms, massive fish kills and swamp type odors. Currently the Lake does not meet designated "beneficial uses" established by the State of California. The State Water Resources Control Board has listed Lake Elsinore as impaired by nutrients under the Federal Clean Water Act 303d listing. ....., Sound science is required to make sound policy decisions and find a workable solution for all the stakeholders within the 780 square-mile Lake Elsinore/San Jacinto River Watershed that are tasked by the State of California to comply with newly promulgated (TMDL) Total Maximum Daily Load regulations. This project will provide the science to support future public policy decision for this rapidly developing watershed composed of approximately 400,000 people. Further Information: The original Congressional earmark has been fully expended. A report on the deliverables from that earmark is available upon request. ....., ACENDA ITBlIO. 34:> ". /;}- OF /)_ ATTACHMENT "en r--- THE FERGUSON GROUPLLc 1130 Conneticut Avenue, NW Suite 300 Washington, D.C. 20036 202.331.8500 202.331.1598 fax MEMORANDUM To: Robert Brady From: David Kennett RE: Appropriations Update Date: August 1,2006 ************************************************************************ This report will analyze this year's Congressional appropriations process, speak to the new appropriations atmosphere on Capitol Hill, and make recommendations for City actions in light of that atmosphere. ,-- Our primary focus this year was on the Transportation/Housing and Urban Development Appropriations (TTHUD) bill. This measure would have been the source of funds for the City's two transportation projects and the rehabilitation of the public marina facilities. These were the City's top three priorities. In late June it became clear that this year's House TTHUD bill would be extremely lean. Last year's House bill included $3 billion worth of earmarks. This year's bill included only $895 million worth of earmarks, a 70 percent reduction. A huge majority of this reduction came from transportation earmarks. Earmarks from the Housing and Urban Development accounts (the accounts that would have funded the marina rehabilitation) were cut by only $60 million. In July, I viewed a copy of the bill and found that the only earmarks secured by Rep. Darrell Issa were for two projects put forward by the San Diego Association of Governments. He obtained $500,000 each for the San Luis Rey Transit Center and to widen SR-76 through Oceanside. He did not obtain any earmarks from the Housing and Urban Development accounts. This is not to imply that the Congressman and his staff did not put forth a yeoman effort to obtain further funding. Most Congressional offices fared as poorly or even more poorly. The fourth and fifth ranked requests were primarily submitted as "placeholders" so that when the first three priorities were funded (at least in part) the City's Congressional representatives would be familiar with the projects and would act favorably on them more quickly than if they were new to them. Still, a brief analysis of those bills is in order. /""', The story on the Lake Elsinore Environmental Enhancement project is very simple to tell. There were no new starts in this year's Energy and Water Appropriations measure. Our project would have been a new start. In addition, by dollar and number, earmarks were cut by a huge percentage. Many projects that were funded, such as Eastern Municipal AGENDA ITEM NO. _&_ /7 301 nc:/s ATTAOIMENT .e. Water District's South Perris Project, were already approved in law by Congress. This means that the President had signed a law authorizing the Federal government to appropriate money for the project. The appropriations measure just put that authorization into effect. ~ The Lake Elsinore Watershed Improvement monitoring project would have been funded under an Environmental Protection Agency account in the Interior Appropriations bill. One of the reasons this was our fifth priority was that the account was gutted in last year's appropriations bill. We decided to pursue the funding, however, because we were told by the author of both last year's and this year's measures that the account would be somewhat restored this year. But the numbers do the talking: in Fiscal Year 2005 there were 667 earmarks. In FY2006, there were only 257 earmarks. This year, there were 145 earmarks and California received just 14 earmarks. Eleven of those went to Members on the Appropriations Committee (Rep. Issa is not a Member of the Committee) and the other three went to two Full Committee Chairman and to the top Democrat in the House of Representatives. Essentially, if you were not a top Member of the House, you had no chance to get an earmark from the account we targeted. This is unprecedented. In regards to the Senate, obtaining an earmark in that body is always a nearly impossible task. As a Member of the Senate Appropriations Committee, Senator Dianne Feinstein is the focus of all efforts to obtain Congressionally-directed spending for California. As such, in terms of dollars, she receives more requests that the size of the entire federal budget, including Social Security, Medicare and other expensive entitlements. And despite the fact that California dwarfs most other states in population, on average the state does not receive any more earmarks than other states. In fact, in the Senate process, California received one or zero earmarks in a number of appropriations accounts this year. Any California earmarks that are funded in the Senate are usually projects that have come before the Senator for multiple years. It simply takes time to build the support necessary to obtain a Senate earmark. ~ In short, it was a dreadful year to try to obtain appropriations earmarks. While we were quite certain competition for earmark dollars would be fierce, no one associated with Capitol Hill expected the bills to be so sparse. What happened? And will this year be an exception or the new rule? First, the Federal budget picture is not looking any better and has become a real political hot spot. There is a great deal of pressure coming from the majority party's right flank to cut the budget. While reducing earmarks barely makes a dent on the federal budget because they represent such a small part of government spending, reducing earmarks does send a message to voters that Congress is serious about the trimming the budget. Compounding this is the pressure of dealing with scandals such former Congressman Duke Cunningham's bribery scheme which arose from the appropriations process. The effect that story and the Jack Abramoff case had on this year's appropriations process can not be understated. Of course, these stories had not yet broken when Lake Elsinore began its foray into the appropriations process. ~ AGENDA ITEM NO. CJ..P PACI~OF / S- -... A'ITACHMENT .C. ,.-... The Ferguson Group is advising its clients that there is a new appropriations atmosphere and that it is here to stay, at least over the next four to six years. In the past, our one year appropriations success rate was always above 90% and our two year success rate was close to perfect. While this year's appropriations process has yet to be completed and thus final numbers are not available, my best guess is that our success rate will settle in at about 75%. For first year clients this percentage will be significantly lower. This is simply because it takes time to build Congressional support for projects. For instance, if you look at Rep. Issa's press release which announced his appropriations requests, you will see that there are many local governments and other organizations that have requests before his office. Most of these entities have been putting forward these requests even before the Congressman took office. In short, successful requestors are marked by their patience and persistence. This is especially true in this new age. Lake Elsinore did an excellent job preparing its 2006 federal agenda. You should be proud of your effort. This has been noted by Congressman Issa's staff who has repeatedly told me they were impressed by your agenda, especially as it was your first foray into the federal appropriations arena. Now that the City is in the game, it should not leave the field. Again, it may be tougher than ever to obtain an earmark, but the appropriations process awards dogged determination. ,....... You have the tools to be successful. Your staff crafted an agenda which was well- planned and well-supported by facts and by the City's financial backing of the projects. Further, the Council took the very necessary step of coming to Capitol Hill to present the requests to Congressman Issa and the Senators' offices. As a result of all this, Rep. Issa's office is very committed to helping the City achieve the goals of its agenda. To conclude, so far we have not been successful in obtaining an earmark this year and chances of success later in the year are very low. On the other hand, the City of Lake Elsinore has taken a major step forward in its development as a leading City in the region by its cultivation of a relationship with the federal government. As you continue to move forward along this road, your chances of success in the extremely competitive appropriations atmosphere will only increase. As always, it is a pleasure serving the City of Lake Elsinore. If this report raises any questions, please do not hesitate to call David Kennett at 949-706-7983. /""*' ' AGENDA ITEM NO. 34' PAO&...IS- OF / S /"", CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: SEPTEMBER 26, 2006 SUBJECT: Investigation of CAL TRANS' Relinquishment of State Route 74 to the City of Lake Elsinore BACKGROUND ,,-.. State Route 74 is a CALTRANS controlled corridor extending from the Palm Springs Area in San Bernardino County through Riverside County connecting to Orange County. The segment which traverses the City of Lake Elsinore from the east enters on Central A venue, turns northwest onto Collier A venue then southwest onto Riverside Drive then southeast onto Grand Avenue and finally up the Ortega Mountains to Orange County. The roadway is identified on the City's General Plan Circulation Plan as a 6-lane urban arterial street with 96-feet of roadway imposed on 120-feet of right-of-way. Currently, the corridor exists in varying widths between two and four lanes with turn lanes and pockets in various locations. DISCUSSION /""" As the City continues to develop, having local control over processing time becomes an increasingly important consideration. Although City Staff maintains a good working relationship with CAL TRANS Staff the processing time for CAL TRANS improvement requirements is lengthy and labor intensive. By gaining control of this right-of-way, Staff can better control application of City Standards, monitor and adjust signal timing and signal repairs. Items to consider for the acquisition include the annual cost of maintenance, the cost to upgrade the roadway to City Standards and the liability for owning the roadway. Additionally, AGENDA ITaI NO. J. 7 PACE I Of 3 REPORT TO CITY COUNCIL SEPTEMBER 26, 2006 PAGE 2 .....", it is important to ensure that the change in ownership does not affect SR -7 4' s status as TUMF Corridor. FISCAL IMPACT Unknown. Given the direction to proceed, Staff will perform a cost and credit estimate for City Council review. RECOMMENDA TION 1. Direct Staff to perform the necessary analysis to determine the feasibility to acquire and maintain State Route 74 as a City owned street. 2. Prepare a report to the City Council for review and consideration. PREPARED BY: KEN A. SEUMALO, CITY ENGINEER ttA5 """"'" APPROVED FOR AGENDA BY: Attachment Vicinity Map """"'" 37 AGENDA ITEM NO. PACE 2.. Of 3 ,-. ",,- VICINITY MAP STATE HIGHWAY 74 (IN CITY) CITY COUNCIL 27 ACENDA ITEM NO. PAce 3 OF3 .....