HomeMy WebLinkAbout03/08/2005 CC Reports
CITY OF LAKE ELSINORE
CITYCPUNCIL AGENDA
, ROBER:r, E. "BOB" MAGEE, MAYOR WWW.LAKE-ELSINORE.ORG
ROBERT L. SCHIFFNER, MAYOR PRO TEM (951) 674-3124 PHONE
THOMAS BUCKLEY, COUNCILMAN (951) 674-2392 FAX
DARYL HICKMAN, COUNCILMAN LAKE ELSINORE CULTURAL CENTER
GENIE KELLEY, COUNCILWOMAN 183 NORTH MAIN STREET
,ROBERT BRADY, CITY MANAGER , LAKE ELSINORE, CA 92530
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'. ",:TIJESDAY,MARCH 8,2005- 5:00 P.M.
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Jjyo.u;b,.e attendingth~sCity'Co.uncil Meeting please park in the Parking Lo.t
, ~cro.ssIM~e st~e~t fro.m the Cultural Center. . This ~ill. assist us in limiting the
Impact o.f meetmgs o.n' the Do.w,;,to.wn Busmess District. Thank yo.u fo.r yo.ur
co.o.peratio.n!
CALL TO ORDER
ROLLCALL
" CLOSED SESSION
A PUBLIC EMPLOYl\fENT{(iovernment Code Section 54957)
Title: City Manager '
RECONVENE IN PUBLIC SESSION (7:00 P.M:)
PLEDGE OF ALLEGIANCE
INV~CATION~ MOMENT.OFSILENT PRAYER,
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ROLL GALL,
PRESENTATIONS/CEREMeNIALS
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A. ' ~resentation-c- Fire Statiqn Naffifng Committee.
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B.. · Pr~chlmation :"F:i~h & Loaves,l'rogram.
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C. . Presbntation - Chaniber of Commerce Update.
D. Presentlition- Lake Management Plan.
Page Two - City Council Agenda -'- March 8, 2005
CLOSED SESSION REPORT
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PUBLIC COMMENTS - NON-AGENDIZEDITEMS71MlNUTEG'~'
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(Please read & complete a Speaker's Form at the Podium, prior to theStartofthe
City Council Meeting)
PUBLIC COMMENTS - AGENDIZEDITEMS--31\fINlJTES
(please read & complete a Speaker's Form attl1ePodium,priortothe Start of the
City Council Meeting)
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CONSENT CALENDAR
(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.)
I . Minutes
a. Regular City Council Meeting -February 8, 2005.
RECOMl\.1ENDA TION:
Approve.
b.
Planning Commission Minutes - F~bruary 1,2005.
Planning Commission Minutes - February 15,2005.
c.
RECOMl\.1ENDATION:
Receive&File; .
2. Warrant List - February 28, 2005.
RECOMl\.1ENDA TION:
Ratify.
3. Claim Against the City - Justin.Frey (CL#2004"I2).
RECOMl\.1ENDATION:
Reject & Refer to Claims Administrator for
Handling.
4. Designation of Applicants Agent Resolution - Office of Emergency
Service/FEMA - Resolution No. 2005-16.
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Page Thtee-: CityCouncil Agenda ..,.. March 8, 2005
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RECOMMENDATioN: '
-
. Adopt Resolution No. 2005-16.
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5. . .Cultut~l. Center Repair Recommendations,
RECOMMENDATION:
Authorize Expenditure of$49,500 from
Unalloc.ated Revenues for Completion.
Authorize use of Existing
Vendors/Contractors with Standing
Maintenance Agreements.
6. Amendment to Agreenient by and between County of Riverside and City of
. Lake Elsinore forTrafficSignalat Grand Avenue and Ontario Way.
RECOMMENDATION:
Authorize Mayor to Execute Agreement.
7. Construction Contract Award for Traffic Signal at Grand Avenue and
Broadway Avenue - Sierra Pacific Electrical Contracting Inc. - $98,305.
RECOMMENDATION: Approve Transfer of Funds, Award Contract
..1 ..' . . .to Sierra.Pacific and Authorize Mayor to
,,~l.... .', .' Execute Contract.
8.4~thorizationto Prepare CEQACompliance Documents for Annexation No.
73, General Plan Arriendment No.2004-l2; Zone Change No. 2004-13 and
Specific Plan 2004-02, for the Village at Walker Canyon LLC.
RECOMMENDATION,
Approve Agreement with HDR in the
aniountof$89;23 7 ;00.
9. .'purchasing Poli~y: Procurement of Replacement Copiers under CMAS.
RECOMMENDATION:
PUBL.IC.HEARINGS
Authorize use of CMAS pricing in lieu of
formal' bid process.
21. Mitigated Negative Declaration. No. 2004-10, General Plan Amendment No.
" 2004~06,.~orieChangeNo. 2004~07, Tentative Condominium Map No.
Page Four - City Council Agenda -March 8,,2005
32127; and Residential Design Review No. 2004~,05fot the "Lakeview
Villas". Resolution No. 2005~17 and OtdinanceNo. 1141.
RECOMMENDATION:
Adopt Mitigated Neg. Dec., Adopt Res. No.
2005c17, Adopt Qtdihance No. IIM,lipon
first reading by title only, approve Tentative
Condo.Map and approve ResidentialDesign
Review based on the findings and exhibits
and subject to Conditions of Approval.
22. Public Hearing - Resolution DeterminmgtheValidityofPriorProcee4ings
Relating to Annexation of Property intoCityofLakeElsinoreCommuhity
. Facilities District No. 2003-1 (Law Enforcement,Fire andparamedici
Servic~s~; Calling a Special E~ection; Canvassihg.Ele(;tionR.esul~;an.e
Authonzmg the Levy of SpecIal. Taxes for CFD 2003-1, AnnexatlOn ~ea
No. 10 (La Laguna Phase 3). Resolution Nos. 2005.-18thm2005-20,and
Ordinance No. 1142. 1
RECOMMENDATION:
HoldPublicHearing&Adopt ResolutioIls
& OrdmancePerRecommendation.
23. Public Hearing - Resolution DeterminmgtheValidity ofPriof.Ptoceedings
Relating to Annexation of Property into City of Lake ElsinoreCOIIlmJ.1nity
Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic
Services); Calling a Special Election; Canvassing Election Results;
Authorizing the Levy of Special Taxes forCFD 2003-1, Annexation Area
No. II (Alberhill Ranch). Resolution No. 2005-21 thru 2005-23 and
Ordinance No. 1143.
RECOMMENDATION:
Hold Public.Hearing&Adopt Resolutions
& Ordinance Per Recommendation.
24. Resolution Approving the Annexation of Territory and the Levy of
Assessments for Lake Elsinore LandscapeandStreetLighting District No. I
as Annexation Area No.5 (La Laguna Phase J).Resollltion No., 2005~24..,
, ' ..M:
RECOMMENDATION: Hold P].1l.1lic?He~i1g,eahvassEleciiot&
. Adopt Resoll.l!ioriNo;2005c24. ";)
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Page J?iv:e -City CounciIAgentla':"M,' arcb8, 2005
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25. Resolution Approvingthe Annexation of Territory and the Levy of
Assessments for Lake Elsinore Landscape and Street Lighting District No. I
as AnIlt'lxationAreaNo.6{Al1whilI Ranch). Resolution No. 2005-25.
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RECOMMENDATION:
Hold Rtiblic Hearing, Canvass Election &
Adopt.Resolution No; 2005- 25.
26. '
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Publie Hearingotig005 Local Law Enforcement Block Grant Program
,Award.
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RECOMMENDATION:' Approve Use of Grapt Funds.
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of;' '. ." ,
Rosetta Canyon CFD 2004-3 FormatioJ;1- Scheduled Public Hearing-
, Contiime to March 22; .2005.
27.
RECOMMENDATION:
BUSINESSI1EMS '
Continue to March 22,2005.
None.
PUBLIC COMMENTS -,NON-AGENDIZED ITEMS,-- 3 MINUTES
(Please read & complete a Speaker's Form at the Podium, prior to the Start of the
City Council Meeting) ,
CITY MANAGER COMMENTS,
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, CITY ATTORNEY COMMENTS
COMMITTEE REPORTS
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CITY TREASURER COMMENTS
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CrTY:COUNCIL COMMENTS
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. ADJOlJRNMENT
.... . . wH~~A~~the Fish & Loaves Pr~gtaniwas founded':in'
1992:'im:d;"".'.,;;',.;.:. . .' """'<".,. ',., '. '.
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)~~"'~"';n"bemg~\~~ ......~, ""te~', i;,,~ fa';'~ to a
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; 'v.",t\.1p'te,er staffed, wiW.tIn~;inlli0rity 'of the.foodb~ing,pt6'yj~U~al,~li~Ii;Ip'cal..!
:,;~~~..., .~~~j~~F,i," & ["O",s~:~~~~iliiS
X,'s'~f:ViCe to.'1#e,c(mlti1uritY;~t:.1he. ~;F;::8.,Center OR LoweI1S!treet,tindetthel
: :tt~~pg~esoithe'St~Frr~ci:;';1fR?h}et;~u~h; .. .:~ . .'
<.:~f. i:;',: ':F:' . ~"':,-~\i>:'.-"'\ ;'\;\':',:. ;~\< ", ;,. -':~l":<~\(({U((;~:,;,:'::>(;;~-,~~,\",~;,
, , " NOW, llHEREF()RE, THE MAY;()R~CWt;V'
. ,COUNCIL Ol1<I:HE<CI-f,Y<:OFLAKE ELSINORE, thi~ 8th. aay;of{ViiUt!n.,
. i 2005',.doi, ~ei~~~.'cortiili:e#~. ~e ;~xtf~ordimu)' efforts,anel cdllim~wo/se1:Vi~e:(
:.' providediJ!>y Fisli&LQ~yi!s;a:Jid ep:couraged their continued ass~stail~t'oiilie::
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,~dIJERTE, MAGEE;MA~bR/
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A~NOA ITEM No.-....0
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MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
. LAKE ELSINORE, CALIFORNIA
TUESDAY, FEBRUARY 8,2005
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CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Magee at 5:35
p.m.
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,
Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Building &
Safety Manager Chipman, Engineering Manager Seumalo, Information/
Communications Manager Dennis, Parks & Open Space Manager Fazzio,
Planning Manager Villa, Public Works Manager Payne, Recreation &
Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human
Resources Director Kasad.
CLOSED SESSION
a. PUBLIC EMPLOYMENT(Govemment Code Section 54957)
Title: City Manager.
City Attorney Leibold announced the Closed Session discussion item as listed
above.
AQENDA ITEM NO. \. c.... ,
PAGE: \ OF '32
Page Two - City Council Minutes - February 8, 2005
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THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO
CLOSED SESSION AT 5:36 P.M.
The Closed Session discussion was completed at 6:25 p.m.
RECONVENE IN PUBLIC SESSION (7:00 P.M.)
Mayor Magee reconvened the Regular City Council Meetirig in public session at
7:03 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Pete Dawson.
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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:
COlJNCILMEMBERS:
NONE
Also present were: City Manager Brady, City Attorney Leibold,
Administrative Services Director Pressey, Community Services Director Sapp,
Lake & Aquatic Resources Director Kilroy, Building & Safety Manager
Chipman, Engineering Manager Seumalo, Information/Communications
Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager
Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio,
City Treasurer Weber and City ClerklHuman Resources Director Kasad.
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AQENDA nEM NO.J .",. "
PAGE-2.... OF -:)?-
n Page Three - City Council)Winutes --: February 8,2005
PRESENTATIONS/CEREMONIALS
A. ' Proclamation - Voice of Democracy Contest Winner.
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Mayor Magee introduced Doug Krause, representing Veteran's of Foreign
Wars, who came forward to introduce the program and the winner. He
eXplained the contest, noting that this year's theme was "Celebrating Our
Veteran's Service". He detailed the qualifications and available prizes. He
noted that this year there were 36 entries from the Lake Elsinore area. He
, , thanked Councilmembers Buckley and Hickman for attending their event '
and supporting the students. He indicated that this year's winner was a
Senior from Elsinore High School, and an ROTC candidate, Amanda Legg,
who won $300. Amanda Legg presented her essay. Mayor Magee
expressed confidence in turning the future over to outstanding individuals
of this caliber, based on Ms. Legg's presentation. He read and presented
the proclamation.
B.
Proclamation - National African American History Month.
Mayor Magee introduced Lorraine Watts, and others representing the local
, chapter ofthe NAACP, a11d noted the Council's recognition of Black
History Month. He read and presented the proclamation. Ms. Watts thanked
the Council for the presentation and introduced Minnie Brown, Barbara
Cady, Jessie Strong, Brenda, and Barbara Anderson. She thanked Mayor
Magee for the Proclamation and commended the verbiage. She indicated
that it WaS their dream that all students would learn not only about black
history, but the ethnic origins of everyone in the United States.
C.
Presentation - Chamber of Commerce Update.
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Tom Grady, 2nd Vice President, Chamber of Commerce, provided the
monthly Chamber of Commerce update, noting an article in the Under the
Sun Magazine for Fc::bruary. He indicated that the article was the third in a
series on business attraction and retention. He advised that the fifth edition
of the Chamber newsletter had been distributed to Chamber members and
AGENDA ITEM NO. \ .0.., "
PAGE.3 OF 3 J.
Page Four - City Council Minutes - February 8, 2005
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was available on the website. He announced the upcoming EDCkickotf
luncheon for the year on February 17th at the Diamond Club, from 11 :30
a.m. to 1 p.m. He further announced the first 2005 Business Mixer hosted
by the Rotary Club at Totally Themed on February 24th from 5:30 to 7:30
p.m. He also announced the 10th annual golf tournament onAprilSth, and
noted that more information would be forthcoming. .
Mayor Magee reminded those in attendance, that the purpose of this meeting was
for public business, not private agendas or personal attacks. He requested that
everyone refrain from negative comments, and conduct themselves appropriately.
CLOSED SESSION REPORT'
City Attorney Leibold reported that the City Council met in Closed Session,
regarding one item as listed on the agenda, with no reportable action.
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PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
J.J:Swanson-O'Neal, representing the Historical Society, reminded the community
of their rafile drawing, with the prize being an opportunity to name a street in the
Alberhill Ranch development.
PUBLIC COMMENTS - AGENDIZED ITEMS- 3 MINUTES ".
Requests were received to address the following items and deferred to those;' .
discussions:
Item Nos. 4, 11 and 22.
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CONSENT CALENDAR
The following items were pulled from the Consent Calendar for further discussion
and consideration:
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AQENDA ITEM NO. \ ,~, .
PAGE 1-\ OF 2> ?-
(\ Page Five - City Council Minutes -February 8, 2005
Item No. I.e. was tabled, and items 4, and 11 were pulled.
MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT
CALENDAR AS PRESENTED.
I. The following Minutes were approved:
a. Regular City Council Meeting - January 25,2005.
The following Minutes were received and ordered filed:
b. Planning Commission Meeting - January 4, 2005.
(\ The following Minutes were tabled:
c. ;Public Safety Advisory Commission Meeting - December 8, 2004.
2. Ratified Warrant List for January 31, 2005. .
3. Rejected and referred to Claims Administrator the Claims Against the City
.' submitted by Daniel Creekmore (CL#2004-14) and Sharon Donovan _
(CL#2005-3).
5. Approved Agreement with Riverside County to provide Alquist-Priolo
..Earthquake Fault Report Review.
6. Approved Agreement with Near-Cal Corporation for Construction of Master
Planned Storm Drain Facilities Ne!lr Pasadena Street and Crane Street.
7.
Approved Cooperative Agreement with Riverside County Flood Control
and Water Conservation District and K, Hovnanian Forecast Homes Tract
No. 31917 for Storm Drain Improvements.
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AENDA .rEM NO. l. c... ,.
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Page Six - City Council Minutes - February 8, 2005
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8. Approved Final Map 28214-1, a residential subdivision by Castle &
Cooke Alberhill Ranch, LLC located north of Mountain Street, east of Lake
Street, in the Alberhill Specific Plan Area.
9. Approved Final Map 30493-3, a residential subdivision by Pardee Homes
located north of Canyon Hills Road.
10. Approved Final Map 31106, a residential subdivision by Pardee Homes
located north of Canyon Hills.Road between Lost Road and Cottonwood
Canyon Road.
ITEMS PULLED FROM THE CONSENT CALENDAR
4.
Cultural Center Basement Repairs.
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City Manager Brady advised that this item was for additional improvements
- to the basement, noting that the Council had authorized $25,000 last year.
He indicated that other work had been done by the Historical Society,
however to get the facility to a point of certificate of occupancy, there were
a number of other items to be completed. He noted the list of items in the
. staff report and the bids received for completion of those items. He.
recommended that the Council consider allocation of the additional $49,900
for the additional work to allow the facility to be publicly'occupied.
Donna Moran, representing the Historical Society, respectfully requested
consideration of this request, noting that ifit could not all be funded, they
would appreciate receiving at a least a portion of the request. She indicated
that to date, the Historical Society had spent $31,000 of its own money on
the basement, and noted that they were extremely anxious to get it finished.
She thanked the Council for their ongoing support.
Ruth Atkins, representing the Historical Society, indicated that they
appreciated the funds and cooperation received to date, and explained that
the $31,000, covered phases I and 2. She advised that phase one included
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AQENDA ITEM NO. 3 ?..
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n Page Seven - City Council Minutes - February 8, 2005
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installation of the handicapped ramp and the unisex handicapped restroom.
She further advised that the second phase was the upgrading of the electrical
system; and noted that the building was started in 1923 and dedicated in
May, 1924, with nothing done to the electrical since then. She also noted
that there were no drawings or schematics to work with, so the electrician
had to find the wires and upgrade them. She expressed support for the
City's action, nothing a number of meetings to discuss what had been done
and what needed to be done. She indicated that they also met with the
, Health Department and their requirements had been included in this request,
so there would be no surprises. She noted that the meeting with the Health
Department had gone very welL '
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Mayor Pro Tem Schiffner indicated that he fully supports the Historical
Society in this project, but he is also one of the people responsible for the
use of public money.. He expressed concern that this project had gotten out
of hand, and while he,was not in opposition, he would suggest putting it off
until staff reviews the project and provides assurance that this will be the
end of it. He indicated that he would like to know that this is a finite
request. He stressed that he would like to see the work done, but was
concerned with how the project had snowballed.
Councilman Buckley commented that the process had been difficult, with
different bids at different times, but he did notfeel it was right to ,punish the
Historical Society. He indicated that he would be in favor of approving this
item and allowing the Historical Society some input into the choice of
contractors. He noted that they not only had spent money, but had "sweat
equity" in the project. He stressed that this was a joint project, even though
the expense was more than it should have been.,
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Councilman Hickman inquired of Community Servic,es Director Sapp, if it
would be worthwhile to go out and re~bid the work. ' Community Services
Director Sapp indicated he would suggest first doing formal bids and
,specifications. Councilman Hickman inquired if that would escalate the
costs. Community Services Director Sapp confirmed that it would increase
AGENDA ITEM NO. \.e,..... ,.
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Page Eight - City Council Minutes - February 8, 2005
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the costs about $6,000to $10,000. Councilman Hickman inquired if the
$49,000 would come out of the unallocated reserves, and questioned the
balance. City Manager Brady confirmed that would be the source;
Administrative Services Director Pressey indicated that the balance was
$104,000, which was sufficient to cover. Councilman Hickman inquired if
the $104,000 was to last until June. Administrative Services Director
Pressey confirmed. ,
Councilwoman Kelley inquired if the October 2Sthlist was all the work that
would be required. 'Community Services Director Sapp confirmed with the
addition of the items from the Health Department, this would allow for
occupancy. He indicated that all of the costs for the list and the Health
Department requirements had been included. ' Coimcilwoman Kelley
. indicated that she was not pleased with the process, and noted that there was
no obligation, as the Historical Society knew the status of the facility when U
they took it over. She commented that the public benefit would be gained,
and the project was now at the point of no return. She suggested just
getting the work done, wrapping it up and moving forward.
Councilman Hickman inquired if Community Services Director Sapp could
work with the vendors to soften the blow. Community Services Director
Sapp indicated that he could try to renegotiate.. Councilman Hickman
inquired if it was not possible to provide the $50,000, if the Historical
Society had another figure in mind. Ms. Swanson-O'Neal indicated that
they would appreciate any funds that could be provided to get the project off
the ground and open.' She stressed that itwas vital to get the doors open,
and noted that they would still be responsible for research equipment,
articles and research materials. ' She stressed that this money would be for
the Lake Elsinore residents, and indicated that nothing was gained by the
Historical Society; except the ability to pass on history and teach children.
She further stressed that completion of the facility would not be the end, but
a beginning. Councilman Hickman inquired ifthere would be any
. additional money requests. Ms. Swanson-O'Neal expressed hopes there U
would not be any more. ' She noted that this idea 'came from Mrs. Moran,
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AGENDA lTE::1.0. 3 ?-'
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n Page Nine - City Council Minutes - February 8, 2005.
but the actual requirements were not known up front. She stressed the need
for assistance to get the work done. '.Mrs. Moran noted that they were
willing to continue. to work just as hard as they had always worked. She
stressed their request to let them get it done, noting that they had been
working on it for five years. Councilman Hickman noted that the
improvements were to the City's own building. Ms. Swanson-O'Neal
suggested that the funds expended would come back in the future.
MOVED BY HICKMAN, SECONDED BY BUCKLEY TO APPROVE THE
ALLOCATION OF $49,900 FOR THE COMPLETION OF THE
CULTURAL CENTER BASEMENT PROJECT.
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Mayor Magee commented that he looks at projects in terms of time and
results, and in this case a lot of time and money has been expended, with
minimal results. He indicated that there had been 100 days to do nothing,
and based on that and other examples, he had zero confidence that this
. number would not increase. He suggested elevating the level.of
superviSIOn. .' .
MOVED BY MAGEE, SECONDED BY SCHIFFNER A SUBSTITUTE
MOTION TO CONTINUE THIS ITEM TO THE MARCH 8TH MEETING,
ASSIGN THE PROJECT TO THE CITY MANAGER'S OFFICE,
DESIGNATE A MEMBER OF THE CITY C()UNCIL TO ATTEND.
MEETINGS, REQUEST A CONTINGENT FROM THE HISTORICAL
SOCIETY TO ATTEND MEETINGS, ESTABLISH A REAL PRICE, TIME
FOR COMPLETION AND CONTRACTOR IN WHICH BOTH SIDES
FEEL CONFIDENT AND LOOK AT PRIVATE FUNDSTO MITIGATE
THE COSTS TO MAKE THE PROJECT A SUCCESS.
Mayor Magee commented that he did not believe that approval tonight
would ensure that the project would be a success.
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Mayor Pro Tern Schiffuer expressed hopes that after the proposed process
the project could be completed.
AQENDA .TEM NO. \ ' 0.... ,
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Page Ten - City Council Minutes - February 8, 2005
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. Councilman Hickman questioned if this motion would have drawings
prepared and resubmitted. Mayor Magee indicated that he wanted to know
once and for all what needed to be done, with a level of confidence that it
would get done.
Councilman Buckley inquired ifthe Historical Society was comfortable
with the motion. Ms. Swanson-O'Neal indicated that they would prefer two
weeks, but could accept one month. Mrs. Moran questioned if the City
would get other bids, or if the report was merely inadequate. Mayor Magee
indicated that he had no confidence in the report and wanted to set a
program for success.
Councilwoman Kelley questioned if this was an attempt to raise the project
toa public works job or not. Mayor Magee indicated that he was not doing
so.
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Mayor Pro Tern Schiffner indicated that it should be a public works project,
and he would be willing to spend more on the project to know what was
necessary.
Councilman Buckley questioned the threshold for a public works project,
noting that it had been done in small pieces so far. He inquired if it became
a public work project, if that would mean a general contractor, going out to
bid, etc.
City Attorney Leibold clarified that the work authorized in October was.
considered maintenance, such as painting, plastering, etc. She further
clarified that this kind of work, with bids and specifications, would trigger
competitive bidding requirements. Mayor Magee further questioned the
difference. City Attorney Leibold indicated that the work could justify
informal bidding processes with certain trades, so for those where there
were not existing contracts the informal process was proposed. She
indicated that to package the entire project as one bid package would signal
a public works project. Mayor Magee noted his dissatisfaction with the
AQENOA ITEM NO. \, <^- ,
.. PAGE to OF ~A
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Page Fourteen - City Council Minutes - February 8, 2005 .
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City Engineer Seumalo indicated that he left it to the Water District, and it
was their conclusion that this was the most beneficial site for the pump
. .
. station.
Councilman Buckley questioned Mr. O'Dougherty on the configuration of
his property. Mr. O'Dougherty shared his map with the Council.
Councilman Buckley noted that 3rd Street would be taken for a parking lot,
and commented that Mr. O'Dougherty had previously planned to request a
vacation as well. He questioned the 312' for vacation, and if all 312' were
required. City Engineer Seumalo indicated that he did not have plans;.but
.. could get them~ . Mr. O'Dougherty indicated that it was possible to design
the site without that configuration.
. Councilwoman Kelley suggested continuing this item until further
information is obtained,from EVMWD as to whether it is possible to change t1
the configuration of the pump station.. EVMWD Director Williams
indicated that they would be happy to work with the City on this issue, and
review the plans with the property owner. . He noted that the intent was to
bore under a State highway, and provide draining for all of Meadowbrook.
He stressed the, need for these facilities to serve the Meadowbrook area, but
indicated that he was happy to sit down with the property owners.
Councilwoman Kelley inquired ifhe was aware of the problems on this
,project: Director Williams indicated that he was aware of the project, but
not this particular property owner.
Mayor Magee noted that Centex was. approved over a: year ago; and grading
began last March; and stressed that the need for it pump station had been
known for quite some time. He expressed frustration that this was coming
up at this.point, and holding up occupancy for the Centex Homes. He
noted that Mr. O'Doughertywould seek to benefit from a street vacation as
well and the design was something that no one in the room could answer
after a year. He inquired if a two week continuance would provide the
information so the Council would have the ability to vote on it. City n
Manager Brady clarified that this would besetting the public hearing for the
AQENDA ITEM NO. _l, c... .
"'- PAGEll OF J ;L
U Page Thirteen - City Council Minutes - February 8, 2005
property.. He indicated that there was a greater necessity by the Water
District to provide public services to the other side of the freeway. He
explained that it would provide water service and water pressure for all of
the needs in the area.
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Mayor Pro Tern Schiffner questioned Mr. O'Dougherty and inquired how
much of the 322 feetwas his frontage. Mr. O~Dougherty indicated that it
was all his, and suggested that the chance of getting an entrance from .
Collier was nearly nil. - He indicated that while there would still-be room to
get into his lot, -it would destroy any decent access.' Mayor Pro Tern
Schiffuer questioned how the street was dedicated. City Manager Brady
indicated that he was not sure of the dedications" City Engineer Seumalo
indicated that he had worked with the developer and the Water District, and
the dedication was by "fee title". ,Mayor Pro Tern Schiffuer questioned if
there was any thought of paying fees to the property owner for his loss of
access. City Engineer Seumalo indicated that there was not, and clarified
that it was staff's position that the remaining access was adequate. Mayor
Pro Tern Schiffuer questioned taking away the frontage from the property,
and suggested putting a decision off to look at additional information. He
also suggested that this was rather rough treatment of the adjacent property
owner.
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Councilman Hickman questioned the map and theJocation of the pumping
station. City Engineer Seumalo clarified the location. Mr.O'Dougherty
suggested reorienting the pumping station on the property, and questioned
. why it had to be 300. feet long. He suggested placing it parallel to the
freeway, and indicated that they could have contacted him to exchange some
property and he would have cooperated. Councilman Hickman noted that
this property was on 3rd:and Collier and questioned if the General Plan
. would call for widening of Collier. - City Engineer Seumalo indicated that to
his knowledge it would not. Councilman Hickman questioned the setbacks
on Collier. City Engineer Seumalo indicated that the setbacks were a
Planning matter, but he knew of no intent to change them. Councilman
, Hickman questioned the City Engineer's thoughts on the design suggested.
AQENDA ITEM NO. \, Q..-
.:" PAGEll OF ] ~
(\ Page Eleven - City Council Minutes":" February 8; 2005
current providers. Mayor Pro Tern Schiffner questioned if the City Council
would then function as the general contractor. City Attorney Leibold
indicated that was the distinction that needed to be made. Councilman
. Buckley noted that' was done with the aeration system; and suggested if it
was kept to flooring, heating, masonry, etc.; working off the vendor list and
allowing the Historical Society input, then it would be out of the public
works bid process., . City Attorney Leibold indicated that with the
. appropriate findings of benefit, the competitive bidding would not be
required, and it would support pursing the projectas suggested. She
indicated that the City could select from on-call contractors, and where there
were not contracts it would be informally bid, with staff soliciting at least
three bids.
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Councilman Hickman questioned if contractors had been secured on certain
items. Community Services DirectorSapp indicated that bids had been
secured forsome of the work. Councilman Hickman requested
clarification that the intent was to turn the project over to the City Manager
to make sure it was done correctly and the bottom line was known; Mayor
Magee confirmed and stressed the need for a time Jine for completion. .
THE ORIGINAL MOTION WAS WITHDRAWN BY THE MAKER, WITH
THE CONSENT OF THE SECOND. .
Mayor Magee noted that the vote woul&now be on the substitute motion.
He inquired if there was a volunteer from the Council to work with the City
Manager and Historical Society.. Councilman Hickman volunteered.
Mayor Magee reiterated the need for a time line for completion, a verified
punch list and efforts to obtain additional donations and private funds to
complete the project.
Councilman Buckley questioned the ability for the Historical Society to
have input into the selection of the contractors. Mayor Magee confirmed
that they would have input to the City Manager's Office.
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THEFOREGOING SUBSTITUTE MOTION CARRIED BY UNANIMOUS
AQENOA ITEM NO. \. Q .
"" PAGE II OF 32
Page Twelve - City Council Minutes - February 8, 2005 .
VOTE.
11. Resolution No. 2005-14 of Intention to Order Vacation of a Portion of 3rd
Street. East of Collier Avenue..
.
City Manager Brady explained that this was a sectiononrdStreet between
Collier Avenue andthe 1-15 Freeway, which was needed to provide water
service to the other side of the freeway for Rosetta Canyon area.
. John O'Dougherty, 19025 Grover Drive, Corona, indicated that he owns
property on northeast comer of Collier and 3rd, and objects to the proposed
vacation of the street. He advised that he first heard about it when a Centex
. representative phoned his office to meet about his property, and requested
the ability to grade.on his property. He indicated that he was shown' a plan
for 2/3rds of3rd Street to be taken up by the pump station, and was shocked
by the plan. He advised that he had been preparing his own plans for the
site and had previously had discussions with City Engineer O~Donnell. He
indicated that he came to the Elsinore Water District and met with a
representative who gave him the brush off and told him the decision had
been made, so he went to the City and tried to meet with City Engineer
Seumalo. He commented that at the meeting City staff indicated that they
were going to support the dedication and the project. He indicated that he
expected to be invited to a hearing about it, but he had still not received
anything in writing. He advised that he had no access to the property from
Collier, so his entire access had to come from 3rd Street. He suggested that
this was the ultimate bad design, and there was no reason to use the property
for a pump station. He indicated that he understood there was a report that
said the street was unnecessary for present or prospective use. He'
suggested that the project would destroy the value of his property and
prevent him from developing it.
Mayor Magee questioned the issue ofthe public right-of-way and whether
he will be able to maintain access. City Manager Brady indicated that it
was a dedicated right-of-way, and the access would still be allowed to his
AQENDA ITEM NO. \.ex.
"". PAGE I). OF 3?..
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n Page Fifteen - City Council Minutes':'" February 8, 2005
March 8th meeting, so there was still time and the ability to keep the process
movmg.
MOVED BY MAGEE, SECONDED BY illCKMAN TO ADOPT
RESOLUTION NO. 2005-14, DECLARING INTENT TO ORDER THE
VACATION OF A PORJ'IONOF 3RD STREET EAST OF COLLIER
AVENUE.
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Mayor Pro Tern Schiffner asked Director Williams,. if the property was.
required for the pump station. Director Williams indicated that it was not
just the bore pit, but it would be the actual site. He noted that there was the
possibility that they could not need alI-300 feet for. structures, so there could
be joint use for ingress and egress. He suggested that relocation at this
point would be very expensive; and noted the difficulty Of getting a permit
to bore under a. State highway. . Mayor Pro Tern Schiffner expressed hopes
that they would be able to negotiate with Mr. O'Dougherty. Director
Williams reiterated that they would be happy to work with him, but stressed
their inability tojust move a pump station.
City Attorney Leibold clarified the procedure for street vacations and
explained that once adopted it would be published twice and posted .on the
property. She indicated that while the City Manager was suggesting that if
it was continued for two weeks, the vacation could still proceed; however
any modification or change to the proposed vacation would have to be
readopted, reposted and renoticed.
Councilman Buckley indicated that ifit was adopted as it was, it would not
. allow for negotiation between Water District and Mr. O'Dougherty.
. < ;.'
MOVED BY BUCKLEY, SECONDED BY SCillFFNER AND CARRIED BY
A VOTE OF 4 TO 1 WITH MAGEE CASTING THE DISSENTING VOTE
TO TABLE TillS ITEM FOR TWO WEEKS AND DIRECT STAFF TO
n WORK WITH EVMWD, MR. O'DOUGHERTY AND CENTEX..
~A ITEMNp._ 1.0.... .
PAGE_I ~ OF 32. -
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Page Sixteen - City Council Minutes - February 8, 2005,
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Mayor Magee expressed doubt that the Water District would yield or change
their mind.
PUBLIC HEARINGS
21. Tentative Tract Map No. 33191 - Evan Mail Adobe Flats Land Company.
LLC. - Northwest Comer of Robertson Street and Shrier Drive.
Planning Manager Villa highlighted this project, which included a one acre
parcel ofland. He explained that the applicant was requesting division into
five parcels for residential purpose. He detailed the individual parcel sizes
and location.' He noted that there were no issues raised at the Planning
Commission consideration, but recommended the addition of Condition No.
64 dealing with annexation into CFD 2003-1. He advised that the applicant
was present and had accepted the conditions of approval. U
. City Manager Brady noted that there were other conditions to be modified
being Condition #30 to add the payment ofTUMF fees; and the addition of
Condition #65 regarding inclusionary housing. City Attorney Leibold
clarified that the condition related to residential projects within the RDA
Project Areas, and should require that they enter an agreement with the
RDA to satisfY the inclusionary housing requirements.
Mayor Pro Tern Schiffuer inquired if the applicant was present.
Evan Mai, Applicant, indicated that he spoke with Mr. Coury regarding the
CFD condition, but requested clarification of Condition #65. City Attorney
Leibold explained that it would require that he enter an agreement with the
RDA to satisfY the 33413 inclusionary housing obligations. Mr. Evan
requested further clarification. ..' City Attorney Leibold explained that it
would be a negotiated agreement to fill the gap for an affordable housing
unit. She further explained that it would be the equivalent of one unit,
probably as an in-lieu fee. Mr. Mai questioned when it would be paid.
City Attorney Leibold indicated that it would generally be paid prior to
AlIENDA .TEM NO. \ '3;
'" PAGE \ lo OF
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n Page Seventeen - City Council Minutes - February 8, 2005
certificate of occupancy.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A
VOTE OF 4 TO 0 WITH BUCKLEYABSENT TO APPROVE TENTATIVE
TRACT MAP NO. 33191 BASED ON THE FINDINGS AND EXHIBITS "A"
THRU "D" AND SUBJECT TO THE FOLLOWING CONDITIONS OF
APPROVAL.
FINDINGS
1. The proposed subdivision, together with the provisions for the design and improvement, an:
consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to
Subdivisions; and the State Subdivision Map Act.
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The project is consistent with the designated land use planning area, development and design
standards, and all other appropriate requirements contained in the General Plan, Zoning
Code, City Municipal Code, and Subdivision Map Act.
2. Th~ proposed subdivision is compatible with the objectives,. policies, general land uses and
programs specified in the General Plan (Government Code Section 66473.5).
The project is consistent with -the land use plan, development and design standards and
programs, and all other appropriate requirements contained in the General Plan.
"
3. The effects this proposed subdivision is likely to have upon the housing needs of the region,
the pubiic service requirements of its resident~, and the available fiscal and environmental
resources have been considered and balanced. '
The project is consistent with the City's General Plan and Zoning Code, will provide
necessary public services and facilities, will pay all appropriate fees,
and will not result in any adverse environmental impact.
4. The design of the subdivision provides to the greatest extent possible, for future passive or
natural heating or cooling opportunities in the subdivision (Government Code Section
66412.3).
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The project will comply with all appropriate conservation requirements of the City and
, Uniform Building Code, - .
AQENDA nEM NO. \ . 0.. .
" PAGEJ..J.OF ~ 2..
Page Eighteen - City Council Minutes - February 8, 2005
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GENERAL
. .:.,
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from
any claim, action, or proceeding against the City, its Officials, Officers, Employees, or
Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies,
appeal boards, or legislative body concerning implementation and construction of
Tentative Tract Map No. 33191, which action is bought within the time period provided
for in California Government Code Sections 65009 and/or 66499.37, and Public
Resources Code Section 21167. The City will promptly notify the applicant of any such
claim, action, or proceeding against the City and will cooperate fully with the defense,
TENTATIVE TRACT MAP NO. 33191
2. Tentative Tract Map No. 33191 will expire two (2) years from date of approval unless
within that period of time an appropriate instrument has been filed and recorded with the
. County Recorder, or an extenSion of time is granted by the City of Lake Elsinore City
Council in accordance with the Subdivision Map Act and the LEMC. U
3. The Tentative Tract Map shall comply with the State of California Subdivision Map Act
. and shall comply with all applicable requirementS of the Lake Elsinore Municipal Code,
Title 16 unless modified by approved Conditions of ApprovaL
4: Prior to final certificate of occupancy of the Tentative Tract Map, the improvements
specified herein and approved by the Planning Commission and the City Council shall
be installed, or agreements for said improvements, shall be submitted to the City for
approval by the City Engineer, and all other stated conditions shall be complied with.
All uncompleted improvements must be bonded for as part of the agreements.
5. All lots shall comply with minimum standards contained in the LEMC.
6. A precise survey with closures for boundaries and all lots' shall be provided per the
LEMC.
7. The applicant shall comply with all conditions of the Riverside County FireDepartment.
8. The applicant shall meet all requirements of Elsinore Water District (EWD).
9. All future structural development associated With this map shall require separate Design U
Review approvaL .
AQENOA ITEM Np. I \ e... .
" PAGEK OF '3?.
n Page Nineteen - City Council Minutes - February 8, 2005
10. Prior to issuance of any grading permit and/or building permit, the applicant shall sign
and complete an "Acknowledgment of Conditions" and shall return the executed original
to the Community Development Department.
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11. The applicant shall comply with the following City programs: the City Source
Reduction and Recycling Element and Household Hazardous Waste Element, the
County Solid Waste Management Plan and I~tegrated Waste Management Plan~ "
12. Prior to issuance of building permit, the applicant shall submit a letter of verification
(will-serve letter) to the City Engineer, forall required utility services.
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13. The applicant shall pay applicable fees and obtain proper clearance from the Lake
Elsinore Unified School District (LEUSD) prior to issuance of building permits.
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14. The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of
each building permits.
"15. The applicant shall pay all applicable fees including park fees.
16. The applicant shall meet all requirements of theproviding electric utility company.
17. The applicant shall meet all requirements of the providing gas utility company.
18. The applicant shall meet all requirements of the providing telephone utility company.
19. A bond is required guaranteeing the removal of all trailers used during construction.
20. All signage shall be subject to Planning Division review and approval prior to
installation.
21. The City's Noise Ordinance" shall be met during all site preparation activity. Construction
shall not commence before 7:00 AM and cease at 5;00 PM, Monday through Friday.
Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays.
ENGINEERING
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22. All open space slopes shall drain to the public ri~t-of-way. Drainage through private
property shall be contained within a drainage easement. The easement shall be shown
on the final map. "
AQENOA ITEM} NO. L 0-. .
'"'" PAGE ~ OF 3 2.
Page 1\venty - City Council Minutes - February 8, 2005
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23. All signage and landscaping shall be placed so as not to interfere with driver's site
distance or any traffic control device.
24. Dedicate' full half width right-of-way for the pr~ject frontage of Robertson Street.
Dedication shall measure 30-feet from the centerline of Robertson Street to the project
" property line.
25. Dedicate full half width right-of-way for the project frontage of Shrier Drive.
Dedication shall meaSure 30-feet from the centerline of Shrier Drive to the project
property line.
26. Construct full half width street improvements for both Robertson Street and Shrier
Drive. Street improvements shall include roadway, curb, gutter and sidewalk. Street
improvements shall also include transitions from the proposed improvements to the
existing paving.
27. Construct street improvemeni transitions such that the existing drainage on both streets
"" is conveyed in a manner so as not to damage downstream property owners.
28. All street improvements, including traffic control devices (stop signs, stop ahead, etc.),
shall be installed and functioning prior to certificate of occupancy.
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29. Two points of access shall be open and maintained in compliance with Fire Department
requireriients.
30. Pay all Capital'Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26),
applicable mitigation fees, applicable area drainage fee, applicable traffic impact fee
(TIF), and applicable Traffic Uniform Mitigation Fee (TUMF)(Added at City Council
" Meeting dated February 8, 2005), encroachment permit fees and inspection fees
associated with the project and its development." ,
31. Construct all public works improvements per approved street plans (LEMC 12.04).
Plans must be approved' and signed by the City Engineer, prior to final map approval
(LEMC 16.34).
32. Street improvement plans and specifications shall be prepared by a California Registered
Civil Engineer. Improvements shall be designed and constructed to Riverside County
Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34).
33. Applicant shall enter into an agreement with the City for the construction of public U
works improvements and shall post the appropriate bonds prior to final map approval.
AENDA nEM NO. \ .6..'
"'" PAGE :J. 0 OF 3 J...
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n Page 1\venty-One - City Council Minutes ~ February 8, 2005
34. All compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8 Yz" x J I ". Mylar) shall be submitted to the Engineering Division before
final inspection of public works improvements will be scheduled and approved.
35. The applicant shall install two (2) permanent bench marks to Riverside County
Standards and at a location to be determined by City Engineer.
36. Applicant shall. obtain all necessary. off-site easements for off-site grading or
construction from the adjacent property owners prior to occupancy.
37. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out
of the roadway or alley shall be the responsibility of the property owner or his agent.
38. Provide fire protection facilities as required in writing by the Riverside County Fire
Department..
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39. Provide street lighting and show lighting improvements as pirrt of street improvement
plans as required by the City Engineer.
40. Developer shall install blue reflective pavement markers in the street at all fire hydrant
locations.
41. All traffic control devices shall be .installed prior to final inspection of public
improvements. This includes No' Parking and Street Sweeping Signs for streets within
the development.
42. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy
applicant shall submit tapes and/or disks which are compatible with City's ARC
Info/GIS or developer to pay $300 per sheet for City digitizing. .
43. All utilities except electrical over 12 kv shall be placed underground, as approved by the
serving utility.
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44. Apply and obtain a grading permit with appropriate security prior to building permit
issuance. A grading plan signed and stamped by a California Registered Civil Engineer
shall be required if the. grading exceeds 50 cubic yards or the existing flow pattern is
substantially modified as determined by the City Engineer. If the grading is less than 50
cubic yards and a grading plan is not required, a grading permit shall still be obtained so
that a cursory drainage and flow pattern inspection can be conducted before grading
begins.
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AQENDA ITEM NO.
" PAGE..l..L OF 3?.
Page 1\venty-1\vo - City Council Minutes - February 8, 2005
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45. Provide soils, geology and seismic report including street design recommendations.
Provide final soils report showing compliance with recommendations.
46. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake
faults and/or liquefaction zones. present.' Study shall be approved and results
implemented on grading and improvement plans prior to issuance of building permit.
47. All grading shall be performed 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.
48. Individual lot drainage shall. be conveyed to a public facility or accepted by adjacent
property owners by a letter of drainage acceptance or conveyed to a drainage easement.
49. On-site drainage facilities located outside of road right-of-way should be contained
within drainage easements shown on the final map. A note should be added to the final
. map stating: '.'Drainage easements shall be kept free of buildings and obstructions".
50. All natural drainage traversing site shall be conveyed through the site, or shall be
collected and conveyed by a method approved by the City Engineer.
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51. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. Lots
developed in the flood plane shall be constructed to an elevation one-foot above the 100-
year flood plane elevation. A CLOMR and LOMR may be required if the project is
within the FEMA I OO-year flood plane as shown on the FIRM maps.
52. Meet all requirements ofLEMC 15.68 regarding flood plain management.
53. All drainage facilities in this site shall be constructed to Riverside County Flood Control
District Standards.
54. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in
the drain system, the wording and stencil shall be approved by the City Engineer.
55. 10-year storm runoff should be contained within the curb and the 100-year storm runoff
should be contained with the street right-of-way. When either of these criteria is
exceeded, drainage facilities should be installed.
56. A drainage acceptance letter will be necessary from the downstream property owners for U
out-letting the proposed stormwater run-off on private property.
A8ENDA ~TEM NO. I. Ci. .
"'" PAGE 2 )..OF 3:L
n Page 1\venty- Three - City Council Minutes - February 8, 2005
57. Applicant will be required to install BMP's using the best available technology to
mitigate any urban pollutants from entering the watershed.
'58. Applicant shall obtain approval from Santa Ana Regional Water QualitY Control Board
for their stormwater pollution prevention plan including approval of erosion control for
. the grading plan prior to issuance of grading permits. The applicant shall provide a
SWPPP for post construction which describes BMP's that will be implemented for the
development and including maintenance responsibilities.
59. Education guidelines and Best Management Practices (BMP) shall be provided to
residents of the development in the use of herbicides, pesticides, fertilizers as well as
other environmental awarenessedllcation materials on good h~usekeeping practices that
contribute to protection of stormwater quality and meet the goals of the BMP in
Supplement "A" in the Riverside CountyNPDES Drainage Area Management Plan.
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60. Applicant shall provide first flush BMP's using the best available technology that will
reduce stormwater pollutants from parking areas and drive'eVays.
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61. Intersection site distance shall meet the design criteria of the CALTRANS Design
Manual (particular attention should be taken for intersections on the inside of curves). If
site distance can be obstructed, a'speciallimited use easement must be recorded to limit
the slope, type of landscaping and wall placement.
62. All parcels shall have direct access to public right-of-way or be provided with a
minimum 30 ft wide ingress and egress easement to public right-of-way by separate
. instrument or through map recordation, .-
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63. In accordance with the City's Franchise Agreement for waste disposal and recycling, the
applicant shall be required to contract with CR&R, Inc.; for removal and disposal of all
waste material, debris, vegetation, and other rubbish generated during cleaning,
demolition, clear and grubbing or all other phases of construction.
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64. Prior to issuance of the first building permit, the applica,!t shall annex into Community
FacilitiesDistrict 2003-01 to offieu/:Ie annual negative fiscal impacts of the project on
public safety operations and maintenance issues in the City.(Added at City Council
Meeting dated February 8, 2005).
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65. Prior to the issuance of building permits, the applicant shall enter into an agreement
with the Redevelopment Agency of the City of Lake Elsinore to provide 15% of the units
in the project as affordab~e housing units in accordance with the requirements of
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AGENDA ITEM NO. 3 2
" PAGEnOF
Page Twenty-Four - City Council Minutes - February 8, 2005
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Section 33413(b) of the California Community Redevelopment Law or an alternative
equivalent action which may include (without limitation) dedication of vacant land,
construction of affordable units on another site, or payment of an in lieu fee calculated to
provide sufficient funds to underwrite the long-term affordability-of an equivalent number of
affordable dwelling units constructed or substantially rehabilitated on other sites within the
City's redevelopment project areas.(Added at City Council Meeting dated February 8,
2005).
22. Zone Change No. 2004-10 - William Maisel.
City Manager Brady noted that this item was befQre the Planning
Comrilissicm with the Conditional Use Permit; and had been before the
Commission ona number of other occasions. He eXplained that the
applicant was proposing an RV Sales Facility. He noted that there were a
number of requirements that would have gone with the project, and the
applicant had a concern with those requirements. He further noted that the U
Commission had directed the staff and applicant to work to resolve the
concerns. He advised that the Commission recommended denial, so
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pursuant t<;> the Code, staff only needed to provide a report to the Council,
but it was noticed public hearing. .
William Maisel, applicant, indicated that he was trying hard to make the
City a nicer place with a facility for selling RV's. He commented that he
could not get together with the City or Planning Department. He indicated
that he still thought it would be in line with what is along the freeway, but
they evidently wanted to go another direction. He noted that many times he
had come to the City with a business to bring to the City, and they were not
accepted. He also noted a situation with billboards on his property over
which he had to fight with the City; and expressed concern that there was
animosity preventing hill1 from getting fair treatment. He indicated that
. anothe~ man wanted to put trailers on his lot,. but his plan was not accepted.
He suggested that it was a good piece ofland that should be zoned freeway
commercial.
Ron LaPere, 16867 Wells, commented on behalf of the Planning U
Commission, that they had worked with the applicant quite extensively, with
AQENDA ITEM NO. \. ~.
." PAGEBoF 3:2
(\ Page Twenty-Five - City Council Minutes - February 8, 2005
one Commissioner spending over four hours with hini. . He noted that the
applicant agreed with the Commission while hewas at the meetings, but
later changed his mind and did not adhere to the Commission findings. He
stressed that both staff and the Commission had gone the extra ten miles to
bring this consideration to a conclusion.
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Mayor Magee clarified that no further action was required and asked how to
proceed with thisjtem. City Attorney Leibold confirmed that there was no
requirement for Council action, as absent an appeal ofthe Planning
Commission decision, that decision would stand; however the Council
could affirm the Planning Commission decision. Mayor Pro Tern Schiffner
inquired if the applicant intended to file an appeal. Mr. Maisel indicated
that he was aware of what was going on, but felt he should make the
Council aware of what was going on with trying to. bring someone into the
City. Mayor Pro Tern Schiffner indicated that he wanted to be sure that
Mr. Maisel understood that action could not be taken at this time. Mr.
Maisel confirmed.
Mayor Magee noted that there would be no preclusion from further
application.
23. Community Facilities District No. 2004-3 (Rosetta Canvon).
Administrative Services Director Pressey recommended opening the public
hearing and continuing this item to MarchSth, 2005.
Mayor Magee opened the public hearing at 8:32 p.m.
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY
UNANIMOUS VOTE TO CONTINUE THIS ITEM TO MARCH 8, 2005.
(\
.
24. Resolution No. 2005-13 - Approving the Annexation of Territory and the
Levy of Assessments for Lake Elsinore Landscape and Street Lighting
District No. 1 as Annexation Area No.4.
AQENOA ITEM NO. \ t 0...,.
". PAGE" S OF 3?-
Page 1\venty-Six - City Council Minutes - February 8,2005
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City Attorney Leibold announced that the publication ofthe Notice of
Public Hearing had been completed as required and the proof of publication
was on file with the City Clerk. Administrative Services Director Pressey
indicated that that Resolution ofIntention was adopted on December 28th,
and detailed the number of lights and the annual assessments for phases I
and 2.
. Mayor Magee opened the public hearing at 8:35 p.m., calling for public
testimony. There were no requests to speak.
Mayor Magee inquired if there were any other property owners wishing to
file written protests regarding the proposed Annexation to the Lighting and
Landscape Maintenance District.
Mayor Magee closed the public hearing at 8:36 p.m.
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Mayor Magee directed the City Clerk to open the sealed ballot, tally the
votes and advise whether a majority protest existed.
City Clerk Kasad reported that no majority protest existed.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-13:
RESOLUTION NO. 2005-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY
OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND
STREET LIGHTING DISTRICT NO.1 AS ANNEXATION AREA NO.
4 (ROSETTA CANYON).
BUSINESS ITEMS
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AQENDA nEM NO. _t. Cv
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('\ Page 1\venty-Seven '- City Council Minutes ~ February 8,2005
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31.', -Second Reading - Ordinance No. 1138- Levy of Soecial Taxes within
Annexation No. 9 (Serenity) to District No. 2003-1.
MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT
ORDINANCE NO. 1138, UPON SECOND READING BY TITLE ONLY:
ORDINANCE NO. 1138
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, 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.9 (SERENITY) ANNEXED TO SAID
DISTRICT.
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
, MAGEE
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
.,
32. Second Reading - Ordinance No. 1139 - Authorizing the LevvofSoecial
Tax for Community Facilities DistrictNo. 2005-1 (Serenity).
MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT
('. ORDINANCE NO. 1139, UPON SECOND READING BY TITLE ONLY:
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
.COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
AQENOA .TEM NO. . \, 0\..
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Page 1\venty-Eight - City Council Minutes - February 8, 2005
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Councilman Buckley reminded the community that this was only the new
homes near the Serenity Tract.
ORDINANCE NO. 1139
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, AUTHORIZING THE LEVY OF A SPECIAL TAX.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NOES:
COUNCILMEMBERS:
NONE
u
ABSENT:
COUNCILMEMBERS:
-NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
33. Consideration for the Purchase of an Equipment Trailer.
City Manager Brady noted that this would be a trailer to move the tractors
and other vehicles; and would save money overall. He advised that cost
was estimated to be $28,000, and requested the ability to include the
adjustment in the budget and go out to bid.
MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO AUTHORIZE $28,000 FOR THE PURCHASE OF
THE EQUIPMENT TRAILER AS PART OF THE MID-YEAR BUDGET
ADJUSTMENT PROCESS.
34. Mid-Year Budget Review and Adjustments.
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"- PAGE 'J.. <6 OF :3 A
n Page Twenty-Nine - City Council Minutes - February 8, 2005 .
City Manager Brady indicated that this was reviewed by the Council at the.
Study Session on January 20th and discussed in detail. He noted that there
were a couple of adjustments to be added including the window coverings
for the Diamond Club.
Administrative Services Director Pressey indicated that this was part of
open and transparent government; and an opportunity to see the fiscal
activity of the year. He reviewed the summaries of the capital projects,
RDA, LLMD and General fund for the year. He advised that the budget was
still in balance, and the unallocated revenues for the current year were
$104,000; less the trailer, leaving about $80,000 still available. He
indicated that the estimates were conservative and he would continue to
monitor the expenditures of each department..
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Councilman Buckley indicated that in general, things were about where they
were supposed to be. Administrative Services Director Pressey confirmed.
Councilman Buckley noted the trailer expenditures, the cost for the blinds at
the Diamond and the Cultural Center improvements.
Mayor Pro TemSchiffuer noted the surplus revenues and the unallocated
revenues. Administrative Services Director Pressey clarified that was the
$104,000 discussed.
Mayor Magee addressed Larson Street/Machado, and suggested removing
the $295,000 and rolling it into the Capital Improvements Budget as an
unfunded project.
Councilman Hickman commented that theunallocated funds were down to
$70,000 and after the Historical Society project there would be about
$20,000.
n
MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE BUDGET ADJUSTMENTS AS
PROPOSED, TO INCLUDE THE EQUIPMENT TRAILER, BLINDS FOR
. \ . lA.'
AQEND" ITEM NO.
" PAGE;),. '\ OF 3:2
Page Thirty - City Council Minutes - February 8, 2005
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THE DIAMOND STADIUM AND THE DELETION OF LARSON STREET
IMPROVEMENTS.
35. Exemption to Bid Process for Purchase of Two Personal Watercraft for Lake
Patrol.
City Manager Brady noted that this purchase was part of the mid-year
budget adjustment; and staff was requesting exemption from the bid
. procedures because of specific equipment specification requirements.
Community Services Director Sapp indicated that the intent was to
purchase two Seadoos for enforcement on the Lake, as the current ones are
in need of replacement. He explained that this particular model was
preferred due to its stability on the Lake and lack of splash back. He
stressed that the intent would still be to go for the lowest price possible on U
these units. .
Councilman Buckley inquired if the units would be ordered painted with the
Sheriff colors. Community Services Director Sapp indicated that the City
had a contract for the painting' and it was included in the cost.
MOVED BY BUCKLEY, SECONDED BY MAGEE TO GRANT AN
EXEMPTION AS PER CHAPTER 3.08.070 (F) FOR THE PURCHASE OF
TWO (2) PERSONAL WATERCRAFT FOR LAKE PATROL.
Mayor Pro Tern Schiffuer inquired how the existing units would be disposed
of. Community Services Director Sapp indicated that they would be sold as
surplus. ' . Mayor Pro Tern Schiffuer noted that in this case, the net cost
would be hiss. . "
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:48
P.M.
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AQENDA ITEM NO.
~ PAGE-30. OF :)?- -
n Page Thirty-One - City Council Minutes ~ February 8, 2005
THE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:04 P.M.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
Chris Hyland, 15191 Wavecrest, noted her first amendment rights and discussed
the erosion at the end of Elm Street. She indicated that she had been tracking the
levee since 1990 and commented on erosion in 1993, as documented in a letter
from the Bureau of Reclamation. She detailed the recommendations from the
1993 letter and encouraged the Council to be sure that it would not erode.
CITY MANAGER COMMENTS .
. ,I.
City Manager Brady had no comments;
'; j
n CITY ATTORNEY COMMENTS
City Attorney Leibold had no comments.
COMMITTEE REPORTS
None.
CITY TREASURER COMMENTS
City Treasurer Weber had no comments.
CITY COUNCIL COMMENTS
Councilman Buckley had no comments.
Councilman Hickman wished everyone a Happy Valentine's Day.
(\ Mayor Pro Tern Schiffner had no comments.
A~NDA ITEM NO. \. c....
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Page Thirty-Two - City Council Minutes - February 8, 2005
u
Councilwoman Kelley had no comments.
Mayor Magee commented on the following:
I) Encouraged those interested in serVing on the General Plan Advisory
Committee to fill out an application in the City Clerk's Office. He
noted that the filing period would be closing the end of the week,
followed by a review of the applications by Councilmembers Buckley
and Kelley.
2) Announced the following upcoming events:
February It" - Lake Elsinore Storm Job Fair
February 17''' - EDC Meeting at the Diamond Club
February 26th - Lake Elsinore Girl's Softball Opening Day - 9 a.m. at U
Tuscany Park
3) Indicated that he had received a proposal from The Ferguson Group,
and requested that staff coordinate a study session with them, He
expressed belief that it would take 30 to 60 minutes and could be
combined with another study session such as the budget.
ADJOURNMENT
THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 9:11
P.M.
ATTEST:
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
VICKI KASAD, CMC, CITY CLERK!
HUMAN RESOURCES DIRECTOR
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AQENDA .TEM NO. \ \ ~I ..
, PAGE '3 ).. Of 2> J..
MINUTES
("\
PLANNING COMMISSION MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
TUESDAY, FEBRUARY 1, 2005
CALL TO ORDER:
Chairman LaPere called the Regular Planning Commission Meeting to order at 6:10PM.
OATH OF OFFICE:
City Clerk/Human Resource Director Kasad administered the Oath of Office to John Gonzales.
PLEDGE OF ALLEGIANCE:
Commissioner Gonzales led the Pledge of Allegiance. ..
ROLLCALL
("\
PRESENT: COMMISSIONERS:
LAPERE, GONZALES, LARIMER, O'NEAL
ABSENT:
COMMISSIONERS:
UHLRY
Also present were: City Manager Brady, Planning/Code Enforcement Manager Villa,
Engineering Manager Seumalo, Senior Planner Preisendanz, Associate Planner Miller, Associate
Planner Coury, Planning Technician Hennings, Deputy City Attorney Miles.
PUBLIC COMMENTS
None.
CONSENT CALENDAR
1. Minutes
a. January 18, 2005.- Regular Planning Commission Meeting Minutes.
Commissioner Larimer ~equested that on page three of seven, paragraph five the words prior to mceipt
of the letter be added. She asked to include that fOllow-ups am done to keep our citizens huppy in paragraph
("\ six of the same page. She. indicated that the appointment date for Commissioner Gonzales needed
AQENDA ITEM NO. \.'0
PAGE-L ;-rc-
PAGE 2 - PLANNING COMMISSION MINUTES - February 1, 2005
to be changed to February 2nd from February 7". She addressed comments made by Chairman
LaPere and requested clarification.
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Chairman LaPere explained he had a discussion with Mr. Maisel after Vice Chairman O'Neal had
spent about four hours with him. He noted his concern with the inappropriateness of the letter Mr.
Maisel sent reflecting the efforts staff had made. He further noted his concern with the fire safety
issues in the Country Club Heights area as it relates to the Water District and the Will-Serve Letter.
Commissioner Larimer asked that the minutes reflect more accurately what was said at the Planning
Commission Meetings.
Vice Chairman O'Neal had no comment.
Commissioner Gonzales had no comment.
Chairman LaPere stated that he had no further comments.
MOVED BY O'NEAL, SECONDED BY GONZALES AND PASSED BY A VOTE OF 3-1,
WITH LARIMER CASTING THE OPPOSING VOTE TO APPROVE THE JANUARY
18,2005 PLANNING COMMISSION MEETING MINUTES AS AMENDED.
PUBLIC HEARING ITEMS
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2. Mitigated Negative Declaration No. 2004-10. General Plan Amendment No. 2004-06.
Zone Change No. 2004-07. Tentative Condominium Map No. 32127: Residential
Design Review No. 2004-05. and Conditional Use Permit No. 2004-14. for the
"Lakeview Villas".
Chairman LaPere opened the Public Hearing at 6:18 pm.
. . .
City Manager Brady gave an overview of the proposed project and requested that Senior Planner
Preisendanz review the item with the Commission and answer any questions.
Senior Planner Preisendanz noted the project title of Lakeview Villas. He noted that the project'
included 155 attached condominium units located east of 1-15 and south of the Railroad Canyon Rd.
/ Grape St interchange. He noted the six applications submitted and provided a brief overview of
each application. He noted that the project would result in significant environmental impacts and
that the applicant was requesting certification of the attached mitigation monitoring program.
Senior Planner Preisendanz noted that project and all associated improvements exceeded the
requirements of the Lake Elsinore Municipal Code. He indicated that staff, the city attorney and
environmental consultants have been working arduously to meet the requirements of the Multiple
Species Habitat Conservation Plan (MSHCP). ' He noted that this project was the first to make it
through the Lake Elsinore Acquisition Process and to the Regional Conservation Authority for Joint
Project Review. He further noted the support from the Regional Conservation Authority; however U
A~NDA ITEM NO. \. b .
" PAGE ;2.. ;X
PAGE 3 - PLANNING COMMISSION MINU1ES - February 1, 2005
(1
it had not completed its fonnalprocess thtough the Joint Project Review. He indicated that
Condition No. 32 addresses the City's requirement that the applicant provide sufficient evidence to
the City for the conservation area identified. . Senior Planner Preisendanz noted that the applicant
was present and disagreed with Condition No. 32.
Scott Woodward, Woodward Investments, 41391 Kalmia St., Murrieta. Noted his most recent
project was Sycamore Creek at Indian Truck Trail offI-ls. He further noted a pending application
for a project at Lake St. & 1-15, known as The Village that needed to be annexed by the City.. He
noted that the project before the Commission was on 28 acres and included several applications. He
. presented a PowerPoint Presentation to ,the Commission detailing the project.
(\
Mr. Woodward noted that 1/100'" of an acre would be considered jurisdictional and they may be
required to go under the Anny Corp. 404 Permit under a nationwide application. He noted the
positive relationship he had with staff as it related to the project. He addressed Condition No. 32
and stated that they were in compliance with the MSHCP. He noted that the cell criteria was 70% _
80% of the total cell to be conserved and 20% - 30% to be developed. He further noted that the
location of the conservation area was required to be in the n<;>rthern portion which would put the
development in the southern portion of the area. He noted that the conservation would consist of
73% under the plan which would leave 117 acres outside of the development to be conserved under
MSHCP. He noted the LEAPS application submitted to the RCA. He stated that they did not agree
with the requirement to go offsite and purchase property to comply with MSHCP. He noted that
their obligation to the City was to meet the cell criteria and pay the necessary fees. He stated that his
company had met wi.th the City Attorney and they are at an impasse; however it was his intention to
work something out relative to the condition, and thanked the Commission for their time.
Ed Sauls, Conservation Management, Inc., 742 Surnrnit Dr., Laguna Beach. He stated his position
as an expert on the Multi Species Plan and explained his background with the MSHCP. He noted
that Condition No. 32 was inappropriate. He stated that there were no requirements in the MSHCP
which obligate Mr. Woodward's project to conserve his neighbor's property. He further stated that
the project was consistent with the MSHCP as stated by staff and the RCA, although no fonnal
written approval had been completed by the RCA. He indicated that there was no reason to delay
the project while waiting for the fonnal Joint Project Review. He noted that the adjacent property
owner requested that the City or the RCA purchase his property and was in negotiations regarding
the purchase price. He further noted that the property owner was supportive of the project and the
related issues. He asked that Condition No. 32 be removed and the project approved.
Chairman LaPere confirmed that the applicant agreed with the staff report and remaining
conditions, other than Condition No. 32.
COMMISSIONER COMMENTS
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AGENDA ITEM NO.
'. PAGE 3 OF
Lb.
{fa...
PAGE 4 - PLANNING COMMISSION MINUTES -February 1, 2005
Vice Chairman O'Neal requested clarification as to the traffic impact on the Grape St/Railroad .
Canyon Rd. interchange. Engineering Manager Seumalo stated that the impacts were mitigated
through the conditions. Vice Chairman O'Neal requested that Deputy City Attorney Miles interpret
Condition No. 32.
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Commissioner Larimei asked Engineering Manager Seumalo about traffic and what was happening
in 2025. Engineering Manager Seittnalo stated that 2025 was the build out for the interchange at
Railroad Canyon Rd. He provided an overview of the improvements scheduled for the area.
Commissioner Larimer asked ~hY'it took 20 years to do improvements. Engineering Manager
Seumalo provided an overview of the process and the time table for the proposed improvements.
He indicated that the City had completed the first stage of the improvements when the requirements
changed; theref~re the City lost 18 months of time spent on the improvement project. He further
indicated that 2025 was the date of the projected traffic volumes, as per CaI- Trans, and the
improvements would be built to accommodate the traffic for that date.
Commissioner Larimer requested clarification for the letter written regarding the Indian remains.
Mr. Woodward stated that it was' a standard routine letter sent throughout the area influenced by the
Pechanga Tribe. Senior Planner Preisendanz stated that Pechanga always commented on mitigation
monitoring programs. There was discussion regarding the process for notification when artifacts
were discovered, and the tribal monitor.
Wendy Worthy, HDR Environmental Consultants, provided an explanation of the process to
. include comments from Pechanga and the tribal monitor's position in the 'development projects.
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Vice Chairman O'Neal noted a tribal burial ground near Canyon Hills.
Commissioner Gonzales stated that Grape St. was a dangerous spot due to the limited visibility.
Engineering Manager Seumalo noted that the topic was discussed and would be addressed.
Commissioner Gonzales requested clarification as to the security of the gated community. Senior
PlannerPreisendanz noted that the topography provided some security and the gate was for vehicle
traffic. He acknowledged that although the back of the site was not monitored, the police and fire
departments would assist in providing adequate security. Commissioner Gonzales addressed weed
abatement and the HONs responsibility to maintain the area. He confirmed that the HOA would
be formed prior to first occupancy.
Mr. Woodward stated that legal formation of the HOA took place upon closing of escrow. He ,
explained that the'Department of Real Estate required the HOA fees to be paid by the homeowners
of the first phase with an additional a requirement to have a property management company in
place. He noted that the developer holds three seats on the HOA Board and the other two seats are
held by members of the community.
Commissioner LaPere addressed page 8 of 111 and 9 of 111 regarding affordable housing
requirements. Mr. Woodward indicated that the homes in the project were not in the moderate or
affordable price range. Chairm.m LaPere clarified that the average cost of the homes was between
$250,000 and $350,000. He further asked how in-lieu fees were calculated.
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AQENDA ITEM NO. \ I Iv .
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PAGE 5 - PLANNING COMMISSIQN MINUTES ~ February 1, 2005
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City Manager Brady explained the lnclusionary Housing Ordinance for the Redevelopment Agency
and how the fees were calculated. He explained that the intent of the affordable housing clause was
to close the gap in affordability, not necessarily to provide the units at a reduced rate.
Chairman LaPere clarified the, cost per unit and the amount the developer would pay on the 15% of
fees in lieu. of building affordahle housing. City Manager Brady noted that the fee was based on the
total square footage of the project. Chairman LaPere. addressed page 11 of 111 regarding compact
parking. He noted that the project was beautiful and very well laid out. .
DEPUTY CITY ATTORNEY COMMENTS
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Deputy City Attorney Miles provided a background of the project. He noted that the property had
been known as the Zuckerman property, which was entirely an MSHCP cell. When the property
was sold to Mr. Woodward it became a challenge for the City to maintain consistency and
compliance with the MSHCP. He indicated that the most developable portion of the cell was sold
. to Mr. Woodward which left the remaining.area for conservation.. He stated that the two steps to
the analysis are that the Commission wants to ensure compliance with the criteria area with respect
to the project; the second is that the Commission needed to ensure compliance with the MSHCP's
conservation goals. He noted the need to.look at the cell and analyze the end result of the project
without Condition No. 32, which would result in zero acres of conservation. He further noted the
possibility of an assurance that the remainder property would go through an acquisition process;
however the entitlement within the cell being requested for approval drafted without Condition No.
32 would result in zero acres of conservation in the cell. .
He stated that Condition No. 32 was drafted largely by the .RCA after much discussion, and it
became clear that in concept it would not work. He noted that after meeting with the applicant and
the RCA, the City decided to use an MSHCP fee credit to be used to specifically acquire a portion of.
the Zuckerman property in the cell in order to assure that there would be definite conservation
inside the cell.
Deputy City Attorney Miles noted that it was the decision .of the Planning Commission to send the
project to the City Council; however he had additional conditions of approval for the record and a
modification to the.Mitigated Negative Declaration. .
~ t .
Senior Planner Preisendanzindicated that the applicant was not aware of the additional conditions
proposed. He stated that the additional Condition No. 31 would read: "In accordance with the current
lEAP process, avoidance mitigation measures and other suitable mitigation measures shall be agreed to by the
applicant upon final determination of existingjurisdictional waters subject to City Council approval" and New
Condition No. 32 would read,' "In accordance with the current LEAPprocess, conservation of onsite RiverJidean .
Sage S CT1Ib shall be agreed to by the applicant in acr:eageamounts to be determined by the City Council. "
Deputy City Attorney Miles clarified that there were 21.3 acres of Riversidean Sage Scrub on the
project site as well as 0.01 acres of potential jurisdictional waters. He referred to page 34 of the
Mitigated Negative Declaration that desctibed the jurisdictional area. He advised the City to include
n a Condition, of Approval which would address what mitigation may be required under 404
AaENOA ITEM NO.--L..L
'''. PAGE 5 OF--ll.J
PAGE 6 - PLANNING COMMISSION MINUTES - February 1, 2005
processes, 1602 processes, and Riverean Riparian processes under the MSHCP. He noted that the
first condition of approval was a place saver measure that would allow mitigation upon
determination of the extent of jurisdictional water on site. He further noted that the second
condition allows review of the project while there is no mitigation. He recommended striking the
last sentence from the mitigation measure as, "If the applicant is required to provide on-site or off-
site mitigation for impacts to critical habitat or sensitive habitat required under state, union; or
federal regulations, and the applicants obligation for such MSHCP mitigation fees shall be credited
for the cost to acquire and preserve such onsite and/ or offsite mitigation." He noted the
uncertainty as to the right the City had to grant fee credits. He noted recent RCA policy efforts to
approve fee credit considerations where if the City granted an unauthorized fee credit, the City
would be responsible to make up the difference.
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Deputy City Attorney Miles addressed comments made by Mr. Sauls. He noted that under the
MSHCP,the verbal ok from the RCA was not relevant. He further noted that the Joint Project
Review process initiated a timing problem because that process allowed the RCA to' formally
comment on the Commissions determination. He indicated that'the County had control over the
MSHCP Board and that he hoped that Ms. Lowe would work with the City. He addressed Mr.
Saul's comment regarding the Zuckerman acquisition process under way! He noted that under the
MSHCP any acquisition of the Zuckerman property would go through the City's LEAP process, so
there was no conceptual acquisition for the remainder of that cell. He mdicated that the project was
going forward for entitlement with a density increase, and there was zero acreage to be conserved.
He further indicated that the City would inherit Mr. Zuckerman and his acquisition efforts. He
further noted that this could be ok, however he wanted to minimize having to tell the "second
property owner to the well" that they had no options. He noted that staff worked with the applicant
to come up with an alternative that would apply their MSHCP fees to acquisition in the cell and that
was difficult due to coordination with the RcA. He agreed that Condition No. 32 was not the"
appropriate condition to go with, because was unrealistic. He noted that he offered two alternative
conditions of approval and offered to answer any questions.
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Ed Sauls thanked the Deputy City Attorney for his input. He stated that in order for a project to be
acquired, it must go through the LEAPS process. He noted that there were other processes to allow
for acquisition. 'He suggested that the project move forward to City Council for consid~ration and '
continue to work out the differences. He noted that the City had the authority to make the
interpretation of the MSHCP, and RCA advised the City; therefore the City could move the project
forward without the Joint Project Review. He noted that the verbal support came from Senior
Planner Preisendanz reflecting'his discussion with the RCA staff. He stated that he would like the
opportunity to work out the differences with staff. '
Scott Woodward noted that only 400 square feet of the property was considered jurisdictional water
while the overall project exceeded a million 'square feet. He noted that his consultant contacted the
Army Corp. of Engineers to inspect the 'site for jurisdictional waters. He further noted that if the
Corp. deemed it jurisdictional, they would comply with their requirements. He indicated that the '
applicant' agreed to mitigation measures to be determined by City C,?unciI related to the Sage Scrub.
He noted that the habitat on the site is disturbed and there was no occupation, therefore nothing on
the Endangered Species List required preservation unless'it occupied the area, and the property was U
AQENDA ITEM NO. I, b .
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not occupied. He stated that he did not agree to Deputy City Miles' second comment relating to
further mitigation pertaining to fees and on-site conservation.
Chairman LaPere requested clarification as to ownership of the property.
Deputy City Attorney Miles stated that Mr. Woodward owned 27 acres.
Chairman LaPere asked how the MSHCP requirements related to each cell and setting aside of the
conservation area.
Deputy City Attorney Miles indicated that the quantitative criteria conservation requirement is 70% _
80%, so the conservation goals for that cell have been met. He further indicated that the difference
in opinion was that there is no assurance that 73% had been conserved.
Chairman LaPere stated that the owner of the remaining portion of the cell could conserve.
Deputy City Attorney Miles" concurred, however the struggle came from Mr. Woodward not looking
at the site versus the cell. The various government agencies can utilize their traditional land use and
police powers to require mitigation rather than automatically go to acquisition.
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Chairman LaPere clarified that if Mr. Zuckerman provided written assurance of his awareness that
he cannot develop his property due to the MSHCP, the developers could go forward with their
project.
Deputy City Attorney Miles noted that if control of the conveyance of the Zuckerman property was
in place with an enforceable agreement, there would be no impediment to the development going
forward.
Chairman LaPere stated that conservation area in the project was close to 80%.
Deputy City Attorney Miles confirmed that the remainder portion of the property in the cell could
not be developed as it would be required for conservation in accordance with the cell criteria.
Chairman LaPere recessed the Planning Commission Meeting at 7:47 pm for five minutes and
reconvened at 7:54 pm.
Chairman LaPere asked if it would be appropriate to ask the applicant for a document to assure that
the remaining property in the cell would be dedicated to habitat.
Mr. Woodward stated that the applicant should not be burdened with the agreement. He reiterated
that the cell criteria had been met and the conservation area was described. He indicated that Mr.
Zuckerman had submitted a letter to the City regarding his desire to sell the property. He further
stated that it was the City's responsibility to contact Mr. Zuckerman about this matter, not the
applicants.
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PAGE 8 - PLANNING COMMISSION MINUTES - February 1, 2005
Chairman LaPere clarified that the new conditions, No. 31 and 32, written by Deputy City Attorney
Miles would replace Condition No. 32.
Deputy City Attorney Miles concurred.
Chairman LaPere asked the applicant if he understood new Condition 31 and -32.
Mr. Woodward agreed with Condition No. 31; however he objected to new Condition No. 32 and
referred to Mr. Sauls for the explanation.
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Mr. Sauls referred to the MSHCP HANS process. He noted that the project was either consistent
or inconsistent. He further noted'that staff was in agreement that the project was consistent with
the MSHCP. He noted the City's desire to add inappropriate conditions, and when staff was in
agreement that the project was consistent with the MSHCP. He read from HANS process to clarify
that the development of the property in the cell could proceed without acquirement. He further
clarified that Mr. Zuckerman understood that his property was to be conserved under MSHCP. Mr.
Sauls stated that he had submitted a proposed purchase agreement to staff and the City Attorney for
acquisition of the Zuckerman property. He indicated that Mr. Zuckerman had offered his property
for sale to the Riverside County Economic Development Agency and the agreements had been
submitted to the Regional Conservation Agency for purchase of the property. He noted that putting
a condition on the project that addressed the adjacent property was inappropriate.
Deputy City Attorney Miles stated that in the event that the property was owned by one property' U
owner, dedication would be required for conservation. He indicated that the City could consider
future problems arising from the fact that there was no developable portion of the cell remaining.
He further noted that to assure some conservation, a condition needed to be in place to at least
allow for consideration of habitat conservation on site. He stated that the location of the 400 square
feet of conservation was yet to be determined. He further noted that payment of the MSHCP fee is
not the "beginning and end" of mitigation for project specific impacts.
Chairman LaPere requested clarification of new Condition No. 32.
Deputy City Attorney Miles explained that the new condition served as a place-saver whereby the
City Council could determine that, if mitigation was needed, a certain amount of mitigation would
be required of the project. Condition No. 31 addressed mitigation for potential impacts to
jurisdictional waters and Condition No. 32 addressed mitigation for potential impacts to Riversidean
Sage Scrub. He noted that it would allow the applicant to go forward to City Council.
Vice Chairman O'Neal clarified that the project could move forward with two exceptions to be
worked out prior to taking it to City Council.
Mr. Sauls stated that the 26 acres was mitigated by the MSHCP fee payment. He further noted that
there was no further obligation to consider the 26 acres.
AQENDA ITEM NO...1L
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Chairman LaPere stated that in order for the project to move forward, the applicant and the City
Attorney needed to work out their differences pertaining to new Condition No.'s 31 and 32.
Mr. Woodward conCUrted with Chairman LaPere and noted his concerns with new Condition No. ,
32 as stated by Mr. Sauls. He further noted his support in alternatives being brought forward,
consideration, and the progress being made with regards to an agreement
COMMISSIONER COMMENTS
Vice Chairman O'Neal stated his support for the project and the funds at'stake for the applicant;
however he noted his allegiance with Deputy City Attorney Miles' advice. He noted that he
supported moving the project forward to City Council using the new conditions and resolving the
issues prior to the City Council meeting. He stated that it was a fair compromise and if the issues
could not be resolved the project would not go the Cit y Council for consideration. He stated that it
was a great project and the applicant deserved to move forward.
Commissioner Larimer noted her concerns for pushing the project through. She indicated that the
Commission should be dealing with the issues prior to the City Council, because they have enough
to deal with.
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Chairman LaPere clarified that the motion was to recommend approval to the City Council provided
that the issues with new Condition No.'s 31- and 32 were reso~ed, and if those issues were not
resolved, the project would not go to, City Council.
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Commissioner Larimer stated that the focus had been on the MSHCP, but not the concerns of real
citizens who do not care about the MSHCP; the citizen's care more about traffic and the Indians
care about human remains. She stated that there was a lot of jargon going on and that the City
Attorney said a lot of good things and the applicant said a lot of good things, but that she made
decisions for herself. She stated that this stuff was not clear. She stated that the Commission
needed to take everything that had been said, think about it, do research and come to a conclusion.
She stated that there were two different opinions and she did not know the "pplicant; th,ey were all
adults that needed to make their own decisions. She stated that moving the project forward was not
the best thing and that she needed two more weeks to think about it.
Cit Manager Brady noted his understanding of Commissioner Larimer's concerns and conCUrted
with the complexity of the project. He Ilcoted the time spent by staff and the applicant. He indicated
that the only issue not in agreement was ,the new Condition No. 32. He further indicated that
questions addressing the zone change or the general plan amendment could be brought forward,
however there were no requests to address the Planning Commission submitted by'any residents.
He stated that staff had worked to resolve all issues prior to bringing the project before the
Commission and the only issue remaining was the MSHCP.
Commissioner Larimer concurred with City Manager, Brady regarding the work done by staff on the
project. She noted that she got the agenda on Friday and was expected to make a decision by
n Tuesday. She further noted that sfaffhad the pr~ject for a year and expected 'her to make a wise
A~NDA .TEM NO.~
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PAGE 10 - PLANNING COMMISSION MINUTES - February 1, 2005
decision, but it was not' enough time for her. She stated that maybe she agreed with the applicant
and maybe she agreed with the attorney, but she did not know. She asked why she did not have two'
weeks to review the project, but only a weekend. She did not agree with pushing things along, and
what would two weeks hurt? She stated that she may be out voted but at least she had her say.
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MOVED BY O'NEAL, SECONDED BY GONZALES AND PASSED WITH BY A VOTE
OF 3-1 WITH LARIMER CASTING THE OPPOSING VOTE THAT THE PLANNING
COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMEND
TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVAL OF MITIGATED NEGATIVE DECLARATION NO. 2004-10, GENERAL
PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO; 2004-07, TENTATIVE
CONDOMINIUM MAP NO. 32127; RESIDENTIAL DESIGN REVIEW NO. 2004-05,
AND CONDITIONAL USE PERMIT NO. 2004-14, FOR THE "LAKEVIEW VILLAS",
REMOVING CONDITION NO. 32 AND ADDING NEW CONDITION NO.'S 31 AND
32.
There being no further business, Chairman LaPere closed the Public Hearing at 8:18 pm.
City Manager Brady indicated that there were a number of Resolutions before the Commission
which would include any modifications to the Conditions.
MOVED lJY O'NEAL, SECONDED BY GONZALES AND PASSED BY A
VOTE OF 3-1 WITH LARIMER CASTING THE OPPOSING VOTE TO
ADOPT RESOLUTION NO. 2005-6, A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
ADOPTION OF MITIGATED NEGATIVE DECLARATION 2004-10 FOR
THE PROJECT KNOWN AS GENERAL PLAN AMENDMENT NO. 2004-
06; ZONE CHANGE 2004-07; TENTATIVE CONDOMIMIUM MAP NO.
32127; RESIDENTIAL DESIGN REVIEW NO. 2004-05; AND
CONDITIONAL USE PERMIT NO. 2004~14 LOCATED WITHIN
ASSESSOR PARCEL NUMBER(S) 363-240-005 THRU 007, 363-240-010
THRU 015, and 363-250-001 THRU 012. '
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MOVED BY O'NEAL, SECONDED BY GONZALES AND PASSED BY A
-VOTE OF 3-1 WITH LARIMER CASTING THE OPPOSING VOTE TO
ADOPT RESOLUTION NO. 2005-7, 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. 2004-06 AMENDING THE LAND USE
DESIGNATION OF THE PARCELS IDENTIFIED AS ASSESSOR
PARCEL NUMBER(S) 363-240-005 THRU 007, 363-240-010 THRU015, 363-
250-001 THRU 012, FROM VERY LOW DENSITY (VLD) RESIDENTIAL
TO MEDIUM DENSITY (MD) RESIDENTIAL. "
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AQENDA .fEM NO.~
PAGE ([) OF I <0
PAGE 11 - PLANNING COMMISSION MINUTES - February 1, 2005 . .
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Mo.VED BY o.'NEAL, SECo.NDED BY Go.NZALES AND PASSED ,BY A
Vo.TE o.F 3-1 WITH LARIMER CASTING THE o.PPo.SING Vo.TE TO.
ADo.PT RESo.LUTION NO.. 2005-8, A RESo.LUTIo.N o.F' THE
PLANNING Co.MMISSION' o.F THE CITY o.F LAKE ELSINo.RE,
CALIFo.RNIA, RECo.MMENDING TO. THE CITY Co.UNCIL o.F THE
CITY o.F LAKE ELSINo.RE APPRo.VAL o.F Zo.NE CHANGE NO.. 2004-
07 CHANGING THE Zo.NINGDESIGNATIo.N o.F THE PARCEL(S)
SPECIFICALLY DESCRIBED AS ASSESSo.R PARCEL NUMBER(S) 363-
240-005 THRU 007, 363-240-010 THRU 015, 363-250-001 THRU 012 FRo.M R-
1 SINGLE FAMILy' RESIDENTIAL DISTRICT TO. R-2 MEDIUM
DENSITY RESIDENTIAL DISTRICT. ,UNDER THE Zo.NING
o.RDINANCE.
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Mo.VED BY Go.NZALES, SECo.NDED BY o.'NEAL AND PASSED BY A
Vo.TE o.F 3-1 WITH LARIMER CASTING THE o.PPo.SING Vo.TE TO.
ADo.PT RESo.LUTIo.N NO.. 2005-9, A RESo.LUTION o.F THE
PLANNING Co.MMISSION o.F THE CITY o.F LAKE ELSINo.RE,
CALIFo.RNIA, RECo.MMENDING CITY Co.UNCIL APPRo.VAL o.F
TENTATIVE Co.NDo.MINIUM MAP NO.. 32127 Fo.R THE "LAKEVIEW
. VILLAS" Lo.CATED o.N.THE EAST SIDE o.F GRAPE STREET AND.
So.UTH o.F THE RAILRo.AD CANYo.N Ro.AD/GRAPE STREET
INTERSECTION, ASSESSo.R PARCEL NUMBER (S) 363-240-005 THRU
007,363-240-010 THRU 015, 363-250-001 THIW 012.,
Mo.VED BY Go.NZALES,SECo.NDED BY o.'NEAL AND PASSED BY A
Vo.TE o.F 3-1 WITH LARIMER CASTING THE o.PPo.SING Vo.TE TO.
ADo.PT RESo.LUTIo.N NO.. 2005-10, A RESo.LUTION o.F THE
PLANNING Co.MMISSION o.F THE CITY o.F LAKE ELSINo.RE;
CALIFo.RNIA, RECo.MMENDING CITY Co.UNCIL APPRo.VAL o.F
RESIDENTIAL DESIGN REVIEW NO.. 2004-05 Fo.R ,THE DESIGN,
Co.NSTRUCTIo.N AND ESTABLISHMENT o.F THE "LAKEVIEW
VILLAS" Lo.CATED o.N THE EAST SIDE o.F GRAPE STREET AND
So.UTH o.F THE RAILRo.AD CANYo.N Ro.AD/GRAPE STREET
INTERSECTION, ASSESSo.R PARCEL NUMBER(S) 363-240-005 THRU
007, 363-240-010 THRU 015, 363-250-001 THRU 012.
Mo.VED BY Go.NZALES, SECo.NDED BY o.'NEAL AND PASSED BY A
Vo.TE o.F 3-1 WITH LARIMER CASTING THE o.PPo.SING Vo.TE TO.
ADo.PT RESo.LUTIo.N NO.. 2005-11, A RESo.LUTION o.F THE
PLANNING Co.MMISSION o.F THE CITY o.F LAKE ELSINo.RE,
CALIFo.RNIA, APPRo.VING Co.NDITIONAL USE PERMIT NO.. 2004-14
Fo.R THE ESTABLISHMENT o.F THE "LAKEVIEW VILLAS",
Lo.CATED o.N THE EAST SIDE o.F GRAPE STREET AND So.UTHo.F
(\ THE RAILRo.AD CANYo.N Ro.AD/GRAPE STREET INTERSECTION,
. I ~b,
AQENDA tTEM NO.--'-fT-
PAGEll OF~
PAGE 12 - PLANNING COMMISSION MINUTES -'- February 1,2005
ASSESSOR PARCEL NUMBER(S) 363-240-005 THRU 007, 363-240-010
THRU 015, 363-250-001 THRU 012.
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MOVED BY GONZALES, SECONDED BY O'NEAL AND PASSED BY A
VOTE OF 3-1 WITH LARIMER CASTING THE OPPOSING VOTE TO
ADOPT RESOLUTION NO. 2005-12, A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF LAKE. ELSINORE,
CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
ADOPTION OF FINDINGS OF. CONSISTENCY WITH THE
MULTIPLE SPECIES HABITAT' CONSERVATION PLAN (MSHCP)
CONTAINED WITHIN LEAP NO.' 2005-01 FOR THE PROJECT
KNOWN AS "LAKEVIEW VILLAS".
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3. Tentative Parcel Map No. 31901
Chairman LaPere opened the Public Hearing at 8:24 pm.
City Manager Brady requested Associate Planner Coury review the project with the Commission and
answer any questions.
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Associate Planner Coury provided a biief overview of the proposed project and the location.
Gordon Duncan, D & D Cattle 31566 Railroad Cyn. Rd. Canyon Lake, scited that he read and
agreed with the staff report and Conditions of Approval.
COMMISSIONER COMMENTS
Vice Chairman O'Neal concurred with staffs recommendation on the project.
. . .
Commissioner Latimer stated that the project looked good.
Commissioner Gonzales requested clarification as to the purpose of the buildings.
Mr. Duncan indicated that the buildings were designed for light manufacturing or warehouse
purposes.
Commissioner Gonzales stated that they looked good.
Chairman LaPere concurred with the Commission and staffs recommendation.
There being no further business, Chairman LaPere closed the Public Hearing at 8:28 pm.
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AQENOA nEM NO. I, b .
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PAGE 13 - PLANNING COMMISSION MINUTES -.FeorUary 1,2005
MOVED BY GONZALES, SECONDED BY LARIMER AND PASSED BY
UNANIMOUS TO ADOPT RESOLUTION NO. 2005-13, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA. RECOMMENDING. TO THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF
TENTATIVE PARCEL MAP NO. 31901.
BUSINESS ITEMS
4. Commercial Project No. C 2004-11. Kentuc~ Fried Chicken/Taco Bell
City Manager Brady requested that Associate Planner Miller review the project with the Commission
and answer any questions.
Associate Planner Miller provided a background and description of the proposed project. She noted
that the proposed changes to the sign were more festive; however the changes were part of the
corporate image.
Chairman LaPere noted his appreciation of the applicant's patience while waiting for their project to
be brought forward.
Brian Bowles, Cummings Signs, 1495 Columbia Avenue, Riverside, noted that Cummings Signs
applied for the permit. He read and agreed with the staff report and Conditions of Approval.
Commissioner Larimer stated that she did not like many signs, but she liked "The Colonel". She
noted her concern with the red and white roof.
Commissioner O'Neal asked Mr. May how many operating days he lost due to wateri~sues.
Mr. May indicated that the business was closed two and one half days due to water issues.
Commissioner O'Neal stated his support for the project and the red and white stripes on the roof.
Commissioner Gonzales noted that Mr. May had been one of his students. He stated his support
for the project.
Chairman LaPere stated his support for the project. He requested an estimate oflost revenues due
to the water issues.
Mr. May indicated that the loss was approximately $1500.00 in profit.
Chairman LaPere inquired 'as to the number of employees he paid for the period of time the water
was shut off.
AQENDA ITEM NO.~
. PAGEnOF~
PAGE 14 - PLANNING COMMISSION MINUTES - February 1, 2005
Mr. May provided a summary of the employees he paid 'during that time noted the total loss at
$8,000.00 to $9,000.00. .
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Mr. Brady noted that this discussion was off of the subject of the proposed project and should not
be discussed.
Chairman LaPere concurred.
MOVED BY LARIMER, SECONDED BY GONZALES AND PASSED BY
UNANIMOUS TO ADOPT RESOLUTION NO. 2005-14, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF LAKE
'ELSINORE, CALIFORNIA; APPROVING MINOR DESIGN REVIEW
FOR COMMERCIAL PROJECT NO. C 2004-11, A REMODEL OF
KENTUCKY FRIED CHICKEN/TACO BELL RESTAURANT LOCATED
AT 31257 RIVERSIDE DRIVE -APN 379-222-023 & 024.
INFORMATIONAL
STAFF COMMENTS
Cit;y,Manager Brady commented on the following:
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. Wdcomed John Gonzales as the newly appointed Planning Commissioner;
.. Stated that he appreciated all of the Commissioner's review of the reports and the questions
brought forward;
. Noted that staff worked diligently to bring compll!te projects to the Commission to make
their jolis easier, ' . .
Planning/Code Enforcement Manager Villa commented on the following:
. Welcomed Commissioner John Gonzales to the team.
PLANNING COMMISSIONER COMMENTS
Commissioner Larimer commented on the following:
".."
. Welcomed Commissioner Gonzales;
· ,Stated that she did not attend the Citizen's Committee.Meeting, and asked that anyone who
attended the meeting let her know what happened;
· Congratulated Dan Uhlry for winning Citizen of the Year;
· Stated that she will miss Dana Porche'; U
AQENOA ,rEM NO. _\ t b,
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PAGE 15 - PLANNING COMMISSION MINUlES - February 1,2005 .
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· Addressed the signs for the public storage facility and the flea market at Washington Mutual
Bank; , . .
City Manager Brady provided an explanation for the signs and the flea market term.
. Mentioned the second base at McVicker Park;
City Manager Brady stated that the matt~r had been addressed.
· Congratulated Chairman LaPere as the best dancer at the Chamber Installation Dinner;
. Thanked the people for allowing her be her.
Commissioner O'Neal commented on the following:
. Welcomed Commissioner Gonzales and noted the coincidence that three ':'f the
Commissioners lived about 100 feet from each other;
. Noted his sensitivity to the amount of information included in the reports presented by staff
and the amount of time it took to review and understand the material;
. Stated that he reads the entire agenda prior to the meeting.
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Commissioner Gonzales commented on the following:
. Stated that he enjoyed his first Planning Commission meeting;
. Concurred with Commissioner Larimer regarding larger projects and the possibility of
receiving the larger reports earlier in the week.
City Attorney Miles commented on the following:
. Thanked everyone for their patience with the time spent on the first project;
. Noted that the MSHCP will make some future projects more difficult;
. Welcomed Mr. Gonzales to the Planning Commission and noted that he typically did not
speak much at the meetings.
Chairman LaPere commented on the following:
. Noted that Deputy City Attorney Miles spoke when it was important to the subject matter;
. Welcomed Mr. John Gonzales to the Commission;
. Noted that Mr. Gonzales will find that the Commission could not do the job without the
help and the materials prepared by staff, although it could sometimes be overbearing,
thanked staff for their hard work;
. Noted the upcoming Planners Institute Exposition at the Pasadena Convention Center,
April 13th - 15th, and noted that the information provided at the Institute would benefit
n Commissioners interested in attending.
AENOAITEM ~ .1. b,
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PAGE 16 - PLANNING COMMISSION MINUTES -'February 1,2005 '
Vice Chairman O'Neal concuned that the Institute was a positive event to attend.
" '.,
ADJOURNMENT
.
THERE BEING NO FURTHER BUSINESS, CHAIRMAN LAPERE ADJOURNED
THE MEETING AT 8:45 PM ON FEBRUARY 1, 2005.
j , ~ -'
Ron LaP~e, Chainnan
Respectfully Submitted,
.1!
Lisa C. Alexen
Rental Housing Clerk
ArrEST:
Robert A. Brady, Secretary to the
Planning Commission
t"
MENnA ITEM NO.J .6.
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j MINUTES
PLANNING COMMISSION MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
TUESDAY, FEBRUARY 15, 2005
CALL TO ORDER: .:
Chairman LaPere called the Regular Planning Commission, Meeting to order at 6:02 PM. ,
PLEDGE OF ALLEGIANCE:
Commissioner Uhlry led the Pledge of Allegiance.
ROLLCALL
PRESENT: COMMISSIONERS:
LAPERE, GONZALES, LARIMER, UHLRY
ABSENT:
COMMISSIONERS:
O'NEAL
Chairman LaPere, noted that Vice Chairman O'Neal was, excused from the meeting as a result of an
accident in which he sustained injury.
Also p~esent were: City Manager Brady,Planrung/Code Enforcement Manager Villa,
Engineering Manager Seumalo, Associate Planner Miller, Planning Technician Hennings, Rental,
Housing Clerk Alexen, and Deputy City Attorney Miles.
PUBLIC COMMENTS
Donna Franson, 7 Villa Valtalena, Lake Elsinore, thanked Chairman LaPere for attending the
Citizens Committee Meeting. She noted that the City Council members were present as well as
many guests. She further noted the next meeting scheduled for April 21, 2005 and the newsletter to
be released in mid April. ,
Kim Cousins, President, Lake Elsinore Chamber of Commerce, 132 W. Graham, Lake Elsinore,
noted that Dan Uhlry wa~ named Citizen of the Year at the Annual Chamber Installation Dinner
and presented him with Certificates of Recognition from Senator Hollingsworth"Assemblyman Ray
Haynes and Assemblyman John Benoit.
Commissioner Uhlry thanked Mr. Cousins for the 'recognition.
AQENDA 'tEM NO. J:., ~,'_
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PAGE 2 - PLANNING COMMISSION MINUTES - February 15, 2005
Chainnan LaPere noted that the minutes from the previous meeting were not submitted for
approval due to the extended review of the content of said minutes,
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CONSENT CALENDAR
1. Minor Design Review of a Single Family Residence located at 1011 Mill Street.. .
MOVED BY UHLRY, SECONDED BY LARIMER AND PASSED BY UNANIMOUS
VOTE TO APPROVE THE CONSENT CALENDAR, WHICH INCLUDES
RESOLUTION NO. 2005-15, A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MINOR DESIGN
REVIEW FOR A SINGLE FAMILY RESIDENCE LOCATED AT 1011 MILL STREET-
APN 373-093-013.
BUSINESS ITEM
2. Design Review of Residential Project No. 2004-19 - Four (4) manufactured homes to
be located at 316 N. Lewis Street. 1212 W. Pottel;y Street. 1203 and 1205 W. Sumner
Avenue.
City Manager Brady provided a brief overview of the proposed project and requested Planning
Technician Hennings review the project with the Commission.
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Planning Technician Hennings provided an overview of the proposed project summarizing the
location and features of the homes. She indicated that the project was located in the Lake Elsinore
Historic Overlay District, which discourages the garage from being the prominent feature of the
home. She indicated that staff recommended that the iong driveway in Plan 2 not be allowed due to
the location and aesthetics.
Mike Casmire, 32726 Wesley, Wildomar, stated that the homes in the proposed project were nice
and affordable, and that the applicant did good work.
Commissioner Uhlry noted his concern with the driveway. He clarified the price range of $300,000
and $350,000. ' .
Commissioner Gonzales clarified that the driveway was not recommended by staff and asked if it
would be removed from the plan.
Delco Hagan, 280 Walnut Hill, San Marcos, stated that issue regarding the driveway was recently
presented to him and moving it would hinder the sale of the property. . 1
Commissioner Gonzales noted that there was concern regarding the driveway as presented in the
plan. .
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PAGE 3 - PLANNING COMMISSION MINUlES - February 15, 2005
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There was discussion regarding the layout of the property and the driveway condition. There was
further discussion regarding the future impacts the driveway would have on the property and the
future widening of Pottery St.
Commissioner Larimer had no questions.
Chairman LaPere concurred with Commissioner Uh1ry's comments and staffs recommendation.
He noted the General Plan Update was in process to address future issues regarding street widening,
open spaces, recreation, etc. He further noted that the driveway presented potential safety concerns.
He indicated that the City would be asking for trouble if they did not consider the future widening
. of Pottery St. and the effects it would have on the driveway and the property owner. He agreed with
staffs recommendation.
Chairman LaPere addressed page 3 of 42, paragraph one, and requested clarification for the term
" .. .residences generally comply with the Historic Elsinore Design Guidelines." l Planning Technician
Hennings provided clarification as it related to the location of the garage.
There was discussion regarding general compli:ince With the Historic Elsinore Design Guidelines.
Chairman LaPere reiterated his agreement with staffs recommendation as to the modification of the
driveway on Plan 2.
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P1anning/Code Enforcement Manager Villa noted that upon review of the Conditions of Approval,
it was determined that a condition requiring the MSHCP fee was absent. He recommended adding
Condition No. 32 to each of the Plans to read "The applicant shall pqy the Multi Species Habitat
Conservation Pion Fee (MSHCP) Local Development Mitigation Fee 0[$1,651.00 (ftefOrdensi!J less than 8
du/ ac) fOr each house prior to obtaining building permits. " "
Mr. Hagan agreed to the additional Condition of Approval.
There was brief discussion regarding the fees required from all public agencies with new
constrUction.
MOVED BY GONZALES, SECONDED BY UHLRY AND PASSED' BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-16 AS
AMENDED, A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LAKE 'ELSINORE, . CALIFORNIA, . APPROVING
RESIDENTIAL. DESIGN REVIEW NO. 2004-19 FOUR
MANUFACTURED HOMES TO BE LOCATED AT 316 N. LEWIS
STREET, 1212 W. POTTERY STREET, 1203 AND 1205' W. SUMNER
AVENUE. (APN 374-082-003, 374-092-001, 374-092-019, AND 374-092-020).
n INFORMATIONAL
AQENDA ITEM NO. I
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PAGE 4 - PLANNING COMMISSION MINUTES - February 15, 2005
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City Manager Brady noted the upcoming, Planner's Institute and indicated that it would be
worthwhile for new Commissioner to attend.
STAFF COMMENTS
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NONE
PLANNING COMMISSIONER COMMENTS
Commissioner UhIry commented on the following:
· Stated that he appreciated the Citizen of the Year Award
· ,Apologized for missing the previous meeting due to illness
Commissioner Gonzales commented on the following:
· Congratulated Commissioner Uhlry for the a~ard
Chairman LaPere commented on the following:
· Noted the appreciation the City, Chainber and the Commission had for Commissioner'
Uhlry and all he contributed to the community; ,
. Thanked staff for all of their hard work
. Requested an update as to the larger projects
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City Manager Brady stated that this was the calm before ,the storm and many of the proposed
projects were being prepared for Planning Commission.
Commissioner Larimer commented on the following:
· Asked City Manager Brady if the Commission could receive the proposed project reports
seven days prior to the Planning Commission Meeting.
City Manager Brady indicated that due'to work load and staffing levels, it was impossible to have the
reports ready for review any sooner than the five days prior to the Planning Commission Meeting.
He explained that postponing the projects for additional review would delay the projects and create
a hardship for the applicants. ,
There was discussion regarding the time involved with preparation of the projects for Planning
Commission meetings.
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AGlENDA ITEM NO. t.e.....
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PAGE 5 - PLANNING COMMISSION MINUTES - February 15, 2005
City Manager Brady noted appreciation to the Planning Commission for the time and effort they put
forward for the community in reviewing the projects for the meetings.
Chairman LaPere thanked staff and noted that he was looking forward to reviewing the minutes
from the February 1" Planning Commission meeting.
ADJOURNMENT
THERE BEING NO FURTHER BUSINESS, CHAIRMAN LAPERE ADJOURNED
THE MEETING AT 6:35 PM ON FEBRUARY 15, 2005.
Ron LaPere, Chairman
Respectfully Submitted,
Lisa C. Alexen
Rental Housing Clerk
ATTEST:
Robert A. Brady, City Manager
AGENDA ITEM NO. 11e ,
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FEBRUARY 28,2005
CHECK#
80730
80883
80893
80894
80895
80896
80897
80898
80900
80901
80902
80903
80904
80905
80906
80907
80908
80909
80910
80911
80912
80913
80914
80915
80916
80917
80918
80919
80920
80921
80922
80923
80924
80925-80931
80932
80933
80934
80935
80936
80937
80938
80939
80940
80941
80942
80943
80944
80945
80946
80947
CITY OF LAKE ELSINORE
VENDOR NAME
PETER WEBER
VOID-(PETERWEBER)
LAKE ELSINORE VALLEY CHAMBER OF COMMERCE
APWA-SOUTHERN CALIFORNIA CHAPTER
PETER WEBER
AL TURA CREDIT UNION
CALIFORNIA P.E.R.S.
ICMA RETIREMENT TRUST
VOID
A & A JANITORIAL SERVICE
ACTION PARK ALLIANCE, INC.
ALL PHASE REFRIGERATION & AIR
ALLIED TRAFFIC EQUIPMENT
AMERICAN FORENSIC NURSES
APPLE ONE EMPLOYMENT SERVICES
ARTISAN GOLDSMITHS & AWARDS
ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS
BIO-TOX LABORATORIES
BOATS PLUS
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
CCP INDUSTRIES, INC. .
CITICORP VENDOR FINANCE, INC.
CONRAD AND ASSOCIATES, L.L.P.
KIRT A. COURY
CUTTING EDGE STAFFING, INC.
D & SELECTRIC
DANKA OFFICE IMAGING
DAPEER, ROSENBILT, LITVAK, L.L.P.
DE JONG'S DAIRY
DIEBOLD, INC.
DO IT CENTER
CAROL K. DONAHOE, A.I.C.P.
E.V.M.W.D.
E.S. BABCOCK & SONS, INC.
ELITE ELEVATOR,INC.
ELSINORE ELECTRICAL SUPPLY, INC.
ELSINORE VALLEY RENTALS
ELSINORE VALLEY SOCCER CLUB
EMPIRE ECONOMICS, INC.
EMPLOYMENT DEVELOPMENT DEPARTMENT
EXXON MOBIL
TERI FAZZIO
FEDERAL EXPRESS CORPORATION
FIRST AMERICAN REAL ESTATE SOLUTIONS
MARY HELEN GARCIA
CARL GRAVES
HARDY & HARPER, INC.
HARTZOG & CRABILL, INC.
HAULAWAY STORAGE CONTAINERS, INC.
2/2812005 WARRANT 022805
WARRANT liST
$
AMOUNTI-.,)
33.34
(178.50)
165.00
25.00
280.00
1,225.00
29,009.31
3,789.56
0.00
1,666.25
4,166.00
715.50
161.63
34.45
271.70
70.04
130.00
357.78
2,009.39
652.99
350.00
195.68
770.41
17,000.00 U
3,846.38
798.60
1,695.00
126.55
727.00
64.52
175.00
78.35
1,329.90
9,590.48
600.00
312.00
2,493.94
309.49
500.00
4,750.00
4,801.00
112.35
164.50
42.15
126.25
500.00
20.07
5,715.20
6,900.00 U
223.20
AQENOA ITEM NO. 2.
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FEBRUARY 28, 2005 CITY OF LAKE ELSINORE
WARRANT LIST
(1HECK# VENDOR NAME
80948-80949 HEMET RUBBER STAMP & SIGN CO.
80950 INLAND EMPIRE CAPTER-APA
80951 INLAND EMPIRE LOCK & KEY
80952 JEFF HAUSER MOBILE WELDING
80953 VICKI KASAD
80954 PAT KILROY
80955 LAKE CHEVROLET
80956 LAKE ELSINORE FORD
80957 LAKE ELSINORE STORM
80958 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE
80959 LAKELAND MARINE
80960 CHARLES KIM LEON
80961 L1NKLlNE COMMUNICATIONS, INC.
80962 LONG BEACH UNIFORM CO., INC.
80963 LOOS & CO., INC.
80964 LOOS & CO., INC.
80965 CHARLES MACKEY JR.
80966 LINDA M. MILLER
80967 DUANE A. MORITA
80968 MORROW PLUMBING, INC.
80969 NEILL'S CONTRACTING
80970 NELSON PAVING, INC.
80971 NETCOMP TECHNOLOGIES, INC.
n972 NEW HOLLAND CREDIT, L.L.C.
J973 NEXTEL COMMUNICATIONS
80974 NORTH COUNTY TIMES
80975 DENNIS A. PETERSEN D.O., INC.
80976-80978 PETTY CASH
80979 PHD PENSKE LEASING
80980 PREMIUM PALOMAR MOUNTAIN SPRING WATER
80981 THE PRESS ENTERPRISE
80982 PRUDENTIAL OVERALL SUPPLY
80983 QUILL CORPORATION
80984 QWEST COMMUNICATIONS
80985 RIGHTWAY
80986 COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT
80987 COUNTY OF RIVERSIDE DEPARTMENT OF ENVIRONMENTAL HEALTH
80988 ANTHONY ROMERO
80989 JESUS ROQUE
80990 SAFETY-KLEEN SERVICES, INC.
80991 TRACI SIGWALT
80992 DAVID S. SOLOMON
80993-80994 SOUTHERN CALIFORNIA EDISON CO.
80995 STAPLES
80996 STAUFFER'S LAWN EQUIPMENT
80997 BOB STOVER, INC.
80998 SUNWEST SPORTS, INC.
80999 TEAM AUTOAID, INC.
r~OOO TEXTRON FINANCIAL CORPORATION
Jl00l TICOR TITLE COMPANY
AMOUNT
677.43
30.00
334.25
1,800.00
90.00
388.41
169.62
155.94
168.00
12,500.00
170.84
100.00
47.28.
1,445.39
71.47
1,044.00
3,436.80
2,550.00
3,814.32
68.00
840.00
1,475.00
115.63
3,251.42
1,565.39
278.00
525.00
812.10
898.58
217.30
1,042.60
161.81
608.19
72.85
1,225.31
5,000.00
336.00
200.00
360.00
196.58
45.00
1,560.00
2,916.62
1,171.02
244.46
4,618.24
21,051.53
89.80
987.13
600.00
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FEBRUARY 28, 2005 CITY OF LAKE ELSINORE
WARRANT liST
CHECK# VENDOR NAME
81002 UNION BANK OF CALIFORNIA
81003 US BANK
81004 VENUS PRINTING
81005-81008 VERIZON CALIFORNIA, INC.
81009 WAL-MART STORES, INC.
81010. DANIEL WATES
81011 WEST COAST ARBORISTS,INC.
81012 WESTERN HIGHWAY PRODUCTS, INC.
81013 YELLOW TRANSPORTATION, INC.
81014 Z-BEST PAINT
81015 ZEP MANUFACTURING COMPANY
AMOUNT(~
22,396.95
30,000.00
151.57
3,773.72
169.25
30.00
631 .50
1,656.65
173.12
2,199.00
224:06
$ 251,835.59
TOTAL
PIE DATE:
02/18/05 PAYROLL TAXES
02/18/05 PAYROLL CASH
43,896.80
101,357.50
$ 397,089.89
GRAND TOTAL
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR & CITY COUNCIL
. FROM:
ROBERT BRADY, CITY MANAGER
DATE:
March 8, 2005
SUBJECT:
Claim Against the pty
BACKGROUND
Claims filed against the City of 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. I
The following claim has been recommended for rejection by Carl Warren & Company:
CL#2004-12 - Justin Frey
FISCAL IMPACT
None.
RECOMMENDATION
Reject the Claim listed above and direct the City Clerk to send letter informing the
Claimant of this decision.
PREPARED BY: ?l...O: 7{..~1
VICKI KASAD, CMC, CITY CLERKI
HUMAN RESOURCES DIRECTOR
APPROVED FOR
AGENDA LISTING:
AGER
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February 16,2005
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InJ FEB 2 8 2005 if);
CITY CLERKS OFFICE
TO: The City of Lake Elisinore
ATTENTION: Vicki Kasad, City Clerk
RE: Claim
Claimant
D/Event
Rec'd Y/Office
Our File
Frey v Lake Elsinore
Justin Frey
01/25/04
11/22/04
282834 DBQ .'
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.
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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,
N & COMPANY
Deborali Been
CARL WARREN & CO.
CLAIMS MANAGEMENT-CLAIMS ADJUSTERS
750 The City Drtve . Ste 400 . Orange, CA 92868
Mail: P.O. Box25180. Santa Ana, Ca 92799-5180
Phone: (714) 740-7999. (800) 572-6900. Fax: (714) 740-9412
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CLAIM AGAI4T THE CITY OF LAKE ELSINORE
(For Damages ;~~;;ons or Personal Property)
R=h,db)" 0JLJ:."J
City Representative
fo) ~ (('; ~ n w r;: rm,;"" ,
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,Cff~clDat=- ~eceived) "E
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A claim muS), ))e,fi,Jed withtheCityCJ~ orthe City of Lake EISinore,~ithil15jx~6).sal\ertheinQdent ore event
occurred. Be sure your claim isagainS! the City of Lake Elsinore; 'ooliulomer po IIC ',' . W!lere sp~i$ insufficient,
please use additional paper and identify infOrmition by patagrapb..Du,mbl!rCompl~ed~lai1Ils must beniailed or delivered to ,
the City Clerk, Cil)' of Lake Elsinore. 130 South Main Street,:Lake Elsinore, CaJjfomia,92S30. '
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TO rnI: HOSORABU MAYOR AND CITY COUNCIL, CITY OF LAJQ:ELSINOIU:,CALlFORNlA:
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,'The undersigned respectfull)' submits the following claim IIIld inforil1lition relative to damage to ~sandlorpersonal
" property: '
J.
J\AME Of CLAIMANT ,0' V '::> T\()Sfej>..', ' " '. "'. " '
a. ,Addressofdaimant,' <6'X' I ~- " c:x:;tb:LJI'0;^JbVOAj' "
b PhoneNo. fll1b to()lj~ {51 Q'3 " c.' ,Date OfBirth,:J.1/4 -} 72. '
d.' Social Security No. e. Drivers Lic. NO~
Name.posl office address and telephone to which claimam deSires notites to be sent, if other tha!lthe above: ,
'-_._-=-~: --=- 11)\ 3-, :;) ~
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2.
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3.
Occurrence or evenl from which this claim arises:
a.
Dale ]l~s-/OH ',',
PJace(Exacunds\ltcifitlocation) ('fA JIM P
I yU)y)~.vmp, ,.
How and under whal ,circumslances did damage 01' injury occvt? SpecifY the paitieular ocCurrence. event, ,
act or omission you claim caused the injury 01' dari1age (use additional paper ifnecessary); ,
b. '.Ti1ne~ p.m.
~rn()Y)rJ_R(,a.-i-' , "
c.
d.
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12(,\, \.Ie. l1:L.l:::I.it The. grnll () rA GfKJ.d......J3f'e4k. Je,+ nos.st'l
e. What particular action))y the, City of its employees, caused thealJeged damage or injury?
\rf\ ~n')pe\ [}al'htiAt1aYlc.:L of La>>(IcM ~p/
Ov\IlcA w'lD+ .(>(()peq\~ BlasJLf~h5 "PF= UY\ StQ~
See /\'icw6 0 ~ (7 {~p' ~ ,3
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"4',' \\;ere Ihere any injuries al the lime of this accident? Ifnol, stale "No injuries". ,',
(10' :~~ Vf'\(>S ~,' '"onl',
~~J.20SSI~DChq-> SY)f)oT
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s. Give the name(s) of the City employee(s) !:8\ISing the damage or injury:
uV\ ILvtflWn
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6. Name and address of any persOn injured:
nO n e.
7, Name and address of the owner of any damaged l'TOpelty:
Jl;Sl-1'V\ m_'i~..1~/S- OfAu'UICL-l)
w~ 'u=.
, Q2530
8,
,Damages claimed:
a, Amounl claimed as of this dale $ 4f700
b. Estimated amounl of future costs $
e, Total amount claimed, , ",$ n I'){') ...... ,
d, Basis for computation of amounts claimed (Ineludecopies ofall bills, irivoiees, estimale,s, ere):
"'~~""'~~~~' (?~i-iiJtru~~~~rk:n1I'1 U
. 9. Names and addresses of all wimesses, bospitals, doclors, elc:,
a &wNJ
b, -rl~ Dr
~~+1IC..)S
~h /CDS
eD5 -l.o~ 'D'S
to/€:> - 2..1'00
c:
10. An)' additional infonnation Ihal mighl be helpful in considering this claim:
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM!
(Penal code 72/1nsuranee Code 556.1)
I have read the maners and stalements made in the above claim alId I know the sametl\ be true of my own knowledge, excepl
as 10 Ihose maners state upon infonnation or belief as to such matters, J believe the same to be true, J certifY under penalty of
perjUT)'lhal'h,e,' foregoing is TRUE AND CO~,T.
SIGNEDTHIS01J\ DAY OF jJ~\J ,20JL~T~,CAL1FORNIA.
CLAIMANT'S' ~" ~','
SIGNA TURE: ' '~L--
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AQENDAITEM NO. 3
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,=., LAKELAND~k~a:.~f.;:n~:=
,_.<:,MA,!!/<!~'~' .. .~~ (909) 678-'l488
....8,~ 'On, Fax: (909) 678-1232
.~";~r~:i~;~i;~:'J:~~~cc~SSorre&-&RMml'l;1e;~U~~OMCf:voj;t. ~~;
-, ,._-~"'~- ---- ".- ..-.....- .....' .....--~;."_._-.-
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Address:
ISOlDBYrnCHARGEtON ;C~T'I MDSERETD /PMD OUT I
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k r i-fTT'':''?L'' l E;~
I_i.~........ ... _....-. 1<
.I t.- ~100.3_
.. >>0 :-1'_7:.... L f.
11a.."'I.yt'!!.lI_[eKl
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.... - -'.;.~
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f:6L.06096
01
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TOTAL: 1M, 1M
wo~~ W\:!0v:~0 c66~-8c-S~
....._..._..-......-..~ ..........- ...-.
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r . :-;t, ['>I".~ ~Y-A.WAV '~ 90VVN ~~~YMi?r .)e~lINDA81.E
l. Flec'~.!!L_ __ ..._
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Thomas Buckley
Mayor
Genie Kelley
Mayor Pro Tern
Daryl Hickman
Councilman
Robert E. Magee
. Councilman
Robert Schiffner
Councilman
RichardWatenpaugh
City Manager
Cit!} Of 1!akE Et1-ino7.-E
"<One Cit!J'j. got c:f/Ifo'te"
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December] 6, 2004
Dwight Kunz
Car] Warren &, Company
. . P. O. Box 25]80
Santa Ana, CA 92799~5180
Dear Dwight:
Enclosed. for your use is the departmental report relating to the Claim U
submitted by Justin Frey (CL #2004-12).
As always if you have any questions or need additional information, please
don't sitate to call.
;fr-
VICKI KA$AD, CMC, CI Y CLERK
CITY OF LAKEELSINORE
Enclosure
cc: City 1.'Ianager
Finance
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130 douth dt1ain dhut, ...tat" Ef.inou, (!cI!.92530 'JdephonE (909) 674-3124 :fax (909) 674-23~
wwwlake-d.ino,e.o,'J AIaENDA ITEM NO.
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or prior to the close of any escrow, whichever ~ first. 'Prior to City M8nager's consent to such
assignment, the assignor shall first delivei" to assignee a written schedule of all sums due and owing
to City from the assignor with such schedule in a.form suWect to the approval of the City Manager
in all respects, and second, shaD deliver to City MalUlgf'!l", as 'Part of the acceptance of the assignment, .
a written acknowledgment by the assignee that the assi~~ (a) affirms the sums due and owing to .
City and (b) accepts responsibility for payment of such sUms directly to City. .Exempted from said
transfer fee shall be the following: .., -
;l..
7.06.01 A transfer ofan undivided intereSt in',the license between or among co-workers
or affiliated entities which results in a change in method ofhC)kfing title but does notresu1t in a change
to the proportional interests held by the co-owners or affiliatM entities prior to the transfer;
7.06.02 . Anassi.8JU"""f which serves as secqrity for the repayment ofa loan from any
lender but which does not. entitle the assignee to an immMia~e right to use, occUpy, possess or receive
the rents or profits from the concession for so long as the assigIlOr makes the required periodic
payments and complies with other provisions of the loan;,
. 7.06.03 'A transfer of title of the license tOI~ lender purchaser at the foreclosure sale
under a deed of trust on the property or by assignment t~ the lender or'its nominee in lieu of
foreclosure; . ; .
~ ~,
7.06.04 Such other assignment for whicti the City Manager determines that the
ownership interests in the license have remained unchanged, such as a change in the legal or fictitious
name of the Licensee without any other change in the equity, in beneficial use ot: or 1egaI title to the
license as an asset, or the income produced thereby. The City Manager's decision in such cases shall
be appealable to the Board of Supervisors within ten (1 0) days after receipt ofwritten notice of the
City Manager's decision. Any such appeal request shall be accompanied by a Certificate of Deposit
filed with City Manager in the full amQUllt of the transfer fee; the Certificate of Deposit shall be
payable to City, and the interest thereon shallaccumulat~ but the principal sum and interest shall
remain the property of Licensee in the event the City Mal\ager's decision is reversed.
\f-,.~. 181
~~~"."_,",___,_.IIE7~"~,._~,..,,,"",..,,-"-.-t
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8.01 To the full extent permitted by law, I,..icensee shall defend, indemnifY and hold
harmless City, its employees; agents and om~ from any: liability, ("Jaim., suits, actions, arbitration
proceedings, administrative proceedings, regulatory pnv'~i"g.. losses, expenses or costs of any
kind, whether actual, alleged or threatened, actual attorney (ees inciurred by City, court costs, interest,
defi:nse costs including expert witness fees and any other Costs Or expenses of any kind whatsOever
without restriction or limitation arising out of or in any Way attributable in whole or in part to the
performance of this Agreement. except as may be provided in Sections 8.02 and 8.03. "Performance
fthisAgreement""---- . . .._"'~. -." ........:.:....-"'"o.=~_.... t----"' "
0.. 'IU1FWCJI.W-'CiIGISW~Y~WJUllll"~IUUIIr_---,8fCaUBiU-. If
19iri'l-. . .. . .... ..... ....^' ._........~. .. . 1bc
...- I _ .Jti..g.,lIlJd'~oF.. anyiimprovementS on the Premises for sucft
Li<ease ApI
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puIpOSeSC' . AD obligations under this provision are to be,paid ~ T icensee as they are inc:urred by the
Jty. , '
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8,02 Without aff....tiug the risJlts of City under any provisions of this agreement or
this section, Licensee shaD not be required to indemnifY and hold, harmless City as set forth above for
liability attributable to the sole fiWI~ of City, provided such sole fiwIt is determined by agreement
between the parties or the fi~ of a court of competent jurisdiction. Injury or death during ~
activities within the boat 11I1IIIch area is not the sole fiwIt of City. This exception will apply only in
instances where the City is shown to have been solely at fiwIt and not in instances where Licensee is
percentage of the liability involved. In those in.~ the obligation of Licensee will be all-inclusive
and City will be indemnified for aII.1i8billiy incurred, even through a ~e of the liabilit}i is
attributable to conduct of the City. '
8.03 Without affecting the rights of City under any provisions of this agreement or
this section, Licensee shaD not be required to indemnifY and hold harmless City as set forth above for
liability attributable to water related activities occurring at or beyond the actual waterline of Lake
Elsinore along the public beach area (such public beach area being a separate area from the boat
launch area referenced in Section 8.01) and the main body of Lake Elsinore beyond the public beach
and boat launch areas. unless such liability is the sole fault of Licensee, provided such sole fiwIt is
determined by agreement between the parties or the findings of a court of competent jurisdictiOn.
This exception will apply only in instances where the Licensee is shown to have been solely at fiWlt
and 'not in instances where the City is percentage of the liability involved.
8.04 The obligations of Licensee Under this or any other provision of this agreement U
will not be limited 'by the provisions of any workers' compensation act or similar act. Licensee
, expressly waives its statutory immunity under such statutes or laws as to City, its employees and
officials. .
8.05 Licensee agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every sublicensee, sub-tier contractor
or any other person or entity involved on behalf of Licensee in the performance or subject matter of
this agreement. In the event Licensee fails to obtain such indemnity obligations from others as
required here, Licensee agrees to be fully responsible according to the terms of this section.
8.06 Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and wiD ,in no way act as a waiver of any rights hereunder. This
obligation to indemni1Y and defend City is bindins on the successors, assigns. or heirs of Licensee and
shall sUrvive the tei'mination of this agreement or this sectiOn. .
. 9. INSURANCE
9.01 Without limiting Licensee's intI~ofCity, Licensee shall provide and
maintain at its own expense during the term of this Agreement the hereinafter listed program(s) of
insurance covering its operations hereunder. Such insurance shall be provided by an insurer(s)
Li<:cme A&ml
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CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
MARCH 8, 2005
SUBJECT: DESIGNATION OF APPLICAWS AGENT RESOLUTION
BACKGROUND
The Governor and the President declared several counties as storm disaster areas
including Riverside County. The State Offices of Emergency Services and FEMA
have requested applications for funding assistance from the agencies that have
received damages. When the applications for 'funding are approved, funds will be
disbursed to the local agencies.
As a part of the application, there is a requirerrtent for the designation ofan
applicant agent resolution. In general, it was mentioned that the disbursement of
funds will be designated to that agencies Director of Finance. For the City of Lake
Elsinore, that designation would be for the Director of Administrative Services.
FISCAL IMPACT
The City of Lake Elsinore has submitted $538,000 of damages as a result of heavy
rains. A copy of the list of damages is enclosed in this report.
AGENDA ITEM NO. L\
PAGE I OF (p
Report to City Council
March 8, 2005
Page 2 of2
RECOMMENDATION
u
It is recommended that City Council:
1. Adopt the Resolution 2005 - _ authorizing the City's Director of
Administrative Services to execute for and in behalf of the City of Lake
Elsinore for the purpose of obtaining federal disaster relief and emergency
financial assistance. Alternative City Agents will include the Director of ..
Community Services and the City Engineer. . . j
PREPARED BY:
APPROVED BY:
APPROVED FOR
AGENDA LISTING:
ager
u
. .~
u
AGENDA ITEM NO. 4
PAGE A OF ~
.....'"""'"
OFFICE OF
EMERGENCY SERVICES
PA No.: looS - \ Co
('1
DESIGNATION OF
APPLICANT'S AGENT RESOLUTION
BE IT RESOLVED BY THE
City Council
(Governing Body)'.
OF THE
City of Lake Elsinore
(N~e of Applicant)
THAT
Matthew Pressey, Director of Administrative Services
(Title of Authorized Agent)
, OR
David Sapp. Director of Community Services
(Title of Authorized Agent)
", OR
Ken A. Seumalo. City Engineer
(Title of Authorized Agent)
is hereby authorized to execute for and in behalf of the City'ofLake Elsinore '. ,a public entity established under
the laws of the State of California, this application and to file it in the Office of Emergency Services for the llUrpose of obtaining
certain federal 'financial assistance under P.L. 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency
Assistance Act of 1988, and/or state fmancial assistance under the California Disaster Assistance Act.
"
THAT the City of Lake Elsinore "a public entity established under the laws of the State of California, hereby
authorizes its agent(s) to provide to the State Office of Emergency Services for all matters pertaining to such state disaster
assistance the assurances and agreements required.
Passed and approved this
8th
day of March. 2005
(\
Robert A. Bradv. City Manager
(Name and Title)
(Name and Title)
(Name and Title)
. CERTIFICA nON
I,
Vicki Kasad
(Name)
City of Lake F.l~inore
, duly appointed and
City Clerk
of
(Title) .
, do hereby certifY that the' above is a ttue and correct copy of a
resolution passed and approved by 1he of the
81h day of March
City Council
, (Governing body)
,2005.
of the
CitY of Lake Elsinore
(Name of Applicant)
on 1he
Date:
City Clerk
(Official Position)
n
r.
(Signature)
OES Form 130 (11-02) DAD Form
AQENDA ITEM NO.~
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL "
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
MARCH 8, 2005
SUBJECT:
CULTURAL CENTER REPAIR RECOMMENDATIONS
f.
BACKGROUND
At the February 8, 2005 City Council meeting, there was an item for consideration
regarding the allocation of additional funding for the completion of the Cultural
Center basement for use by the Historical Society.
City Council took acti~n to continue the item arid appointed Councilmember
Hickman as a representative to meet with the Historical Society members, the City
Manager and City staff to reView cost estimates and projectobjectives.
'I'
On March l't, a meeting was held and all items relating to the project were
discussed. The consensus was to request that the original contractor return to the
project and complete the project as bid. Staff has met with the contractor and
, confirmed his participation at his origimil bid to complete the project.
DISCUSSION
The February 8th City Council report, attached, provIdes all the necessary information
relating to this request. No cost estimates have changed as all vendors/contractors are
holding their prices to complete the project.
Additional cost savings will be realized should the Historical Society be successful in
securing donations of materials and related services as requested by the Council.
AaENDA ITEM NO. .:;
PAGE....L. OF...l.L
FISCAL IMPACT
u
An additional $49,900 is being requested from unallocatedrevenues to complete the
project. The cost areas are itemized below:
$12,000
13,000
14,000
3,500
5,000
2.400
$49,900
Flooring
General Construction
Heating and Air Conditioning
Electrical
Plumbing
Masonrv
Total
In accordance with Council Policy 300-9, item 5, the balance of the unallocated
revenue for the current year is $68,669 and total accumulated for all years is
$1,443,592.
RECOMMENDATION
u
It is staff s recommendation that the lVIayor and City Council authorize the expenditure
of $49,900 from unallocated revenues for, the completion oUhe Cultural Center
basement. Also, staff is requesting that the, City Council authorize staff to use existing
local vendors/contractors who have standing maintenance service agreements with the
City for completion of the work.
PREPARED BY, I!A VID SAPP, DIRECTOR OF COMMU~n' SERVlC~yf1(
CITY
APPROVED FOR
AGENDA BY:
a
'-,r
u
A<8ENOA ITEM NO.. .5
, PAGEL OF.3i..
n
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
,%;Q
1.\.. ,Iv
. \ Cl ~
. '\' ,0, 1\
" " . jJ
~.' '\.
t" ^'
TO:
MA YOR AND CITY COUNCIL,
FR~M:
ROBERT A. BRADY, CITY MANAGER
DATE:
FEBRUARY 8, 2005
SUBJECT:
CULTURAL CENTER BASEMENT REPAIRS
BACKGROUND
On October 12,2004 the City Council authorized $25,000 in repair work for the
basement at the Cultural Center which will house the Historical Society once
completed.
!.>;l:-l~",:j',;,;.l
The amount allocated by City C;'uncil is to cover the $20,900 cost for the plaster,
paint, stucco, and'repair of the basement walls. The remaining balance of$4,100 is
a contingency amount to cover items necessary to meet occupancy requirements.
DISCUSSION
(\
Following City Council's authorization of the project, the project was assigned to
the Community Services Division. Immediately thereafter the Community Services
Director ,and the Public Works Manager set up meetings with the City's Chief
Building official and with County Environmental Health Department officials to
evaluate the.,building and establish apunch list of requirements for occupancy.
Two separate punch lists were generated and staff solicited estimates for the work.
From the estimates staff has developed a budget for the project.
In order to meet City and County occupancy codes all items listed on the punch
lists provided by the City. and County must be met. Staff is seeking funding to
complete the punch list items so that the Historical Society can occupy the
building.
AGENDA ITEM NO.~.
PAC;; I OF :J3
(\
AGENDA 'TEM NO. S
PAGE 3 OF~
--~----- - - ~- -_..~ _._~.-
FISCAL IMPACT
The total cost of the project totals $74,900. Because City Council has already U.
allocated $25,000 to the project the remaining funds required for the project is
$49,900.. .
The itemized line item budget for the project is as follows:
$20,900 Plaster, Paint, Stucco, Wall Repair (Authorized by Council October 12)
$ 4,100 Contingency (Authorized by Council October 12)
$ I 2,000 Flooring
$13,000 General Construction
$14,000 Heating and Air Conditioning
$ 3,500 Electrical
$ 5,000 Plumbing
$ 2.400 Masonrv
$74,900 Total Budget
111. ovO
.-;:-~. .
Atiached to this report is a detail list of all items to be completed for each line item
listed above.
~~tlt-~
RECOMMENDA nON
Staff is requesting that City Council allocate $49,900 for the completion of the
Cultural Center basement project. Also, staff is requesting that City Council
authorize staff to use existing .local contractors who have standing maintenance U
service agreements with the City for completion of the work. Trades that are not
covered under our maintenance service agreements will be bid under the guidelines
of the City purchasing policy. .
PREPARED BY:
s Manager
APPROVED BY:
APPROVED FOR
AGENDA LISTING:
ACENDA HEM NO.
PACE a.
LJ
OF 33
u
A<:AENDA ITEM NO. 5
PAGE-.::L OF......1:L
n
!I
!I
H
I
i
PUNCH LIST
CITY OF LAKE ELSINORE
FROM
BUILDING DEPARTMENT
CULTURAL CENTER PROJECT
'I
I
,I
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AGENDA ITEM NO. .5
PAGE-5.... OF ~
CITY OF LAKE ELSINORE
INTEROFFICE MEMORANDUM
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TO:
Bill Payne, Public Works Manager
FROM:
Robin Chipman, Building & Safety Manager
DATE:
October 28, 2004
RE:
Cultural Center I Occupancy Requirements
Bill, following is a list of items noted on our walk Ihru on Tuesday, October 26th. These items
need to be addressed prior to the Historical Society occupying the basement area of the Cultural
Center.
. Install weather stripping and threshold at new rear door.
. Install light fixture outside rear door.
~-~
. Install appro.ved c!osers at main and TcaT doors. Doors to be adjusted for maximum 15
pound force.
. Provide a 2" w:ide color contrasting stripe at the nose of each tread at the rear exterior
stairs.
. Install exit signs at both the main and rear doors (exit signs to be on separate circuit).
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. Install levered type hardware throughout on all doors, except main entrance and rear exit.
. Remove all unused or abandoned electrical conduits, gas lines, and Ale lines.
. Obtain Electrical Permit and verify installation of electrical wiring for light fixtures and
Emergency Exit lights. (call for inspection after obtaining permit)
. Repair or remove existing electrical conduits and wiring as necessary to comply with
National Electrical Code.
. Enclose walls at electrical sub-panels and label all circuit breakers.
. Build chase at main electrical conduits at ADA ramp to protect from damage.
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. Install new door at stairway near main entrance to prohibit access to City Council.
. )nstall handrails at new ApA ~amp on both sides to comply with California Building
.code. .
. Install ventilation duct for fan at second (private) restroom.
. Install boot on trap <:It sink in ac~essible restroom.
. Grab bars at unisex accessible restroom to be installed per code. Minimum 24" from front
of water closet forward and maximum 12" from rear wall.
. Provide approved ADA acces~ible signage for unisex accessible restroom.
. Toilet paper dispenser to be 12~' ma.'Ximum from front edge of toilet and minimum 19"
above finish floor.
. Install paddle type controls at kitchen sinks.
~ .1' . .
. Provide access to area behind door located in storage room next to kitchen. Need to
determine if any code related items exit.
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. Obtain County of Riverside Health Department approval if food will be prepared, sold, or
provided on-site.
. Counter tops ;)t kitchen must provide area 36" long and located between 28" to 34" above
finish tloor.
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.
Obtain County of Riverside Fire Department permit and approval of hood system. if
kitchen will have cooking appliance. (if no stove ~ no Fire Dept. approval required)
. Remove abai1doned heat duct fro'm back room to main iloor area.
. InstallT-bar ceilin-g at back room to conceal plumbing and electrical. T~bar to comply
with seismic ,requirements.
. lnstall dead bolts at all doors leading from basement to stairway.
. Repair window openings at east side of basement (below grade - 3 total). Windows-to be
structurally filled to prevent earth from caving in.
. Remove plywood at east and west basement walls for inspection (below window
openings).
. Repair all holes in walls and ceilings throughout the basement area 'as necessary.
AGENDA ITEM NO.
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. Obtain 'Mechanical Permit to install new ventilation system to comply with Building
Code requirements for square footage of basement area. Provide tIoor plan showing
location of mechanical unit and ducting to supply all areas of basement.
. Stage area must be made accessible to the physically disabled. It is acceptable to: provide
removable 'ramp if less than 24" elevation change. Ramp must have a slope of not more
than I in 12.
. The doors that access the stage area cannot swing over t~e stairs. Must remove doors or
swing doors in the other direction.
. The door that accesses the room at the left side of stage- area to. be made accessible.
(nljni~um 32-" wide opening)
Cc. Bob Brady, CO'.11Illunity Development Director
Dave Sapp, Community ServiCes Director
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AGENDA ITEM NO.
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PUNCH LIST.
FROM
COUNTY OF RIVERSIDE
DEPARTMENT OFENVIRONMENT AL HEALTH SERVICES
CULTURAL CENTER PROJECT
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AGENDA ITEM NO. Ll
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AGENDA ITEM NO. ::;;
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CITY OF LAKE ELSINORE
CULTURAL CENTER PROJECT
LIST OF WORK TO BE COMPLETED
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AaENDA ITEM NO. :;
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Cultural Center Project
Work To Be Completed
Flooring:
. Furnish and install sheet ,vinyl_ flooring with heat welded seams' in kitchen, utility
restroom, storage, room right of stage and room left of stage
. Furnish and install carpeting direct glue down
. Floor preparation
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General Construction:
. Remove all flaking, loose, and water damaged interior plaster
. Frame in existing electrical in SW comer
. Install fe-bar steel cage in 3 window openings in "office" area. Close off
windows using I 1/8" plywood leaving opening at top and pump concrete into
openings to create a solid wall
. Plaster all interior walls and ceilings in entry, kitchen, general area, stage area,
and office and make paint ready
. Paint interior completely
. Install weather stripping and threshold at rear door
. Install light fixture outside rear door
. Install ADA approved closers on main and rear doors
. Install 2" stripping on each stair tread
. In'stall exitsigns at main door, rear door, and at top of ADA ramp
. Remove all unused or abandoned electrical, gas, water, afc linesorconduit~
. Verify all electrical work done without permits
. All electrical to comply withNEC
. Enclose walls at electrical panel and label breakers
. Build chase at main electrical conduits at ADA ramp
. Install framing and door to prohibit access to stairwell
. Install wood handrail on wall side of ADA ramp
. Install boot on trap, install ADA accessible signage in restroom
. Install new door and jam to closet storage area in electrical panel room
. Install deadbolts on doors leading from basement to stairwell
. Install new ADA approved ramp to stage area
. . Remove existing doors to stage area
. Remove door to left of stage area. Opening to be 32" minimum
. Install lever type hardware on all doors except entrance doors
. Install new t-bar ceiling in office
. Install new t-bar ceiling in kitchen
. Install new t-bar ceiling in non-remodeled bath
. Remove existing sink and faucets in kitchen area
. Remove existing boiler type unit in closet storage area next to kitchen
. Install new 2'x Tx33' soffin to house heat/air ducts. Build and construct 2 walls,
with 36"x80" door, to form closet area in comer for new air handler
. Refinish approximately 50 sq. feet of existing wood countertops
. Remove approximately 16 lineal feet of kitchen cabinets
. Patch all penetrations in main area ceilings
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Cultural Center Project
Work To Be Completed
General Construction (Continued)
. Patch concrete floor in kitchen
. Patch drywall in ceiling in ADA restroom & kitchen area and make paint ready
. Install FRP in kitchen as needed, approximately 192 sq. feet
. Install soap dispensers at aU hand sinks
. Seal all holes arid gaps around equipment, plumbing, through the walls & ceiling
tn kitchen
Heat & AlC:
. Install heat and air in basement of Cultural Center. Install 2 new heat pumps and
air handlers
. Unit #1 - Air handler to be located in closet area in-electrical panel room,
condenser location to be determined. Dueting to go from closet room to kitchen,
ADA restroom, non-remodeled restroom, room left of stage, stage area, room
right of stage, and approximately 1/3 of main floor area. Note: ductwork into
main area to be run internally, no ducts will be visible in main floor area. This
will be done by opening upceiling and wall in kitchen area and rulming flex duct
thru existing floor joists. Heat/air registers will be mounted in existing ceiling.
. Unit #2 - Air handler to be located in newly constructed closet area located in
rear comer. Dueting to go thru new soffitt into office area and to approximately
2/3 existing floor joists from soffitt area. Heat/air registers to be mounted in
existing ceiling.
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Electrical:
. Install 4 new 2x4 drop-in style light fixtures in t-bar ceiling in kitchen
. Install new electrical to 2 new air handlers, I located in kitchen area, and I
located in rear comer
. Drop in existing 2x4 fixtures into t-bar in office
. Install new electrical to 2 new condensers located on side of building on Heald
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Plumb~ng:
. Instal13.compartment stainless steel sink
. Saw cut concrete floor in kitchen and locate existing waste line
. Jnstall new floor sink
. )nstall new rough and finish water and waste for 3 compartment sink
. Supply hot water to hand Shlk in unfinished restroom
. Install new mop and hand sink
. InstalJ paddle type faucet at sink
Masonry:
. Saw cut concrete for new footings
. Construct new block wall to house new Ale condensers approximately g'x8'x5'
tall, scratch and apply finish coat to match building as close as possible
. Install wrought iron top approximately 8'x8' arid iron gate 42" wide x 60" tall
AGENDA ITEM NO.
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LIST OF CONTRACTORS
WITH
MAINTENANCE SERVICE AGREEMENTS
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CONTRACTORS WITH CURRENT MAINTENANCE SERVICE AGREEMENTS
Service Provided Contractor IComnanv Name) ComDanv Location
Building Repair .Service One Services Lake Elsinore
Heating and Air Condition .Service All Phase . Menifee
Heating and Air Condition Service Lake Air Wildomar
Maintenance Electric D&S Electric Murrieta
Maintenance Electric . Valley electric Lake Elsinore
Heavy EQuipment . MBC Lake Elsinore
Plumbing Repair Morrow Plumbing Lake Elsinore
Right-of-Way Pesticides Pestmasters Temecula
Ricllt-of- Way Pesticides Minnesanp Pest Snecialties Hemet .
Window Cleaning Clear Image Window Cleaning Canyon Lake . .
Window Cleaning ,West Coast Window Cleaning TemecuIa
Welding & Fabrication. Services 'Jeff Hauser Mobile Welding Lake Elsinore
Stoml Cleanuo Interstate Sweeoing , Hemet
Haz Mat C1eanuo Quest Environmental Brea
Facility Backflow Reoair Rarnsey Backflow Riverside .
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INTEROFFICE MEMORANDUM
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TO:
FROM:
DATE:
SUBJECT:
ROBERT A BRADY, CITY MANAGER /1 /
DAVID W. SAPP, DIRECTOR Of COMMUNITY SERVICc.y~
JANUARY 25, 2005 '.., "
CULTURAL CENTER REPAIRS'- HISTORICAL SOCIETY
City staff met with representatives of the Health Department as well as Ms. Moran, Ms.
Aikins and Mr. Alongi to discuss needed repairs to the kitchen and the balance of the
facility.
Upon completion of the inspection with the Health Department (copy atlached),
additional modifications will be required in the kitchen to make it acceptable (stainless
steel 3-compartment sink, single compartment stainless steel sink, mop sink, FRP
sheeting on walls, commercial grade vinyf flooring and various plumbing requirements).
It is the hope and understanding of the Historical Society that the City will complete the
balance of the project based on the City Council actions taken October 12, 2004.
In addition to kitche.n requirements (guestimate is $12,000), all flooring for the basement
will need to be provided as well as suspended ceilings in the kitchen and the office area.
Handrails will need to, be fabricated for the interior entry ramp and additional .ele~cal
and plumbing will need to be installed - to accominodate illuminated exit signs and the
new sink requirements, as per the Health Department.
Atlached is a memorandum dated November 16, 2004 regarding the. request for.
additional, funding to camp,lete the punch. list items generated by the Building
Department The estimate for these items is approximately $9,400.
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Staff is in-the process of securing bids for flooring, heating and air conditioning systems.
stainless steel sinks aild.miscellaneous repair work (electrical, plumbing, ceilings, etc.._)
to complete \he project.
It would be staffs recommendation that those costs be brought back to City Council for
consideration once established. OUf estimate at this time is $50,000, which we feel is in
the ballpark.
We will keep you advised as we proceed.
:cd
Attachment
c. Director of Administrative Services
Public Works Manager
BuikJing Manager
AGENDA ITEM NO. 4
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COUNTY OF RNERSlDE COMMUNllY HEAlTH AGENCY ~ 16~9 (
DEPARTMENT OF ENVIRONMENTAL HEAlTH'<Q V
ENVIRONMENTAL HEALTH SERVICES 1><;. G.4 ~ H
SUPPLEMEt{[i\l REPORT TO SAN. FORM #C;
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AGENDA ITEM NO. .5
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INTEROFFICE MEMORANDUM
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TO:
FROM:
.DATE:
SUBJECT:
RICHARD J. WATENPAUGH, Cln' MANAGER
DAVID W. SAPP, DIRECTOR OF COMMUNITY SERVICES t\'>'
NOVEMBER 16,2004
CUL TURAL CENTER REPAIRS
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At their October li"meeting, the City Council aulhorized up to $25,000 in repair
work tor the completion of. the basement at the Cultural Center which will house
the Historical Society once completed,
Staff has secured a bid of $20,900 for the plaster, paint and stucco of the
basement leaving a balance of $4,100 to complete the punch list of items
. necessary to m~et occupancy ~equirements.
The punch list of 33 items generated by the City's Building and Safety Manager
will require an addilional $9,350 over the initial authorization of $25,000 to
complele all items on the punch list. The total project is $34,350
~~~i-1"i~~;
AUDched please find a purchase order in the amount of $20,900'- to'"begin initial
plaster and repair work, I have also included a copy of the punch list with Service
One Services' wlitten estimate for your review,' Should you' approve the
additional work, the original P,O, could be expanded to include the additional
items. . \ ..'
, ,
Attached please find the P,O" the. staff report, Service One Services contract and
the punch list estimate of $13,450 as provided by Service One Services. Work is
scheduled to begin Monday, November 22"",
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c, Assistant City Manager
Director of Administrative Services
Finance Manager
Public Works Manager
RecreationfT aurism Manager
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VENDOR NAME:
ADDRESS:
PHONE:
O1S BUS I NESS FORMS
CITY OF LAKE ELSINORE
130 SOUTH MAIN STREET
l~KE ~lSINORE. CA 92330
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HAS THIS BEEN ORO!"REO?: .YES -----'----'- NO ~
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DESCRIPTION
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
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TO:
MA YOR AND CITY COUNCIL
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FROM:
DICK WATENPAUGH, CITY MANAGER
DATE: OCTOBER 12,2004
SUBJECf: CULTURAL CENTER RENOVATIONS
BACKGROUND
The City has a 2002 Lease Agreement with the Lake Elsinore Historical Society for renovation
and use of the Cultural Center basement for a local museum. TIle Lease provides for a five (5)
year ternl and optional ten (10) year extension, at a rale of$1 per year, if cer1ain improvements
are completed within the initial tern) of the agreement. The Society has diligently pursued these
improvements, but has exhausted the .available funding to complete the repairs_ The City has
also made a variety of repairs and renovations (0 the facility in the p~t several years unrelated to
the proposed museum use. Additional repairs are also needed al Ihis time.
DISCUSSION
The Historical Society has requested $20,000 [Tom the City 10 fundlhe remainingimprovements
to the facility. These.improvements included pJaslcting, painting and other disparate repairs
which ~ill bring the facility to public occuP:;lllcy standards and would be.penna.nent to the
structure_ Slaffhas noled additional interior ~epairs from previous water damage to the stre~t
side orthe basement office. The cost to repair the damage is estimated at approximately $5,000.
The nature of all the proposed repairs falls within the bounds ofseiviccs that can be pi-ovicied by
the on-cafIvendors approved by the Cily_ With C~uncil approval, the work could be assigned to
these~~endors and managed by staff in cooperation. with the Historical Society. It would also be
possible 10 meet the desire of the Historical Society to have the museum open for the public
before the approaching December holidays.
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FISCAL IMPACT
The propos~d repairs would require $25,000 be funded from the existing General Fu.nd"
Unallocated Reserves.
RECOMMENDATION
It is recommended the City Council authorize staff to proceed with the anlicipated repairs and
that funding be allocated from the General Fund Unallocated Reserves 10 cover the cost of
improvements.
PREPARED BY:
MARLENE BEST, ASSISTANT CITY MANAGER
APPROVED FOR
. AGENDA BY:
~ML /~
CITY MANAGER'S OFFICE
Atl8'lDA ITEU 110.
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Service
One
Services
PO BOX 1485. lake Elsinore, Ca 92531 951-471-3621 - fax 951-471-8245
PROPOSAL
City of Lake Elsinore
Public Works Division
521 North Langstaff Street
lake Elsinore, CA 92530
Attn: Mr. Bill Payne
Date:November 5, 2004
Re: lake Elsinore Cultural Center
Scope of Work: Tenant Improvement
Work Requested
. Remove all flaking, loose, and watec'damaged interior plaster.
. Supply interior framing and plaster backing as needed.
. Remove and replace existing 'electrical as needed in office area.
. Remove or frame in existingNC and electrical in SW corner.
. Install re-bar steel cage in 3 window openings in "office" area. Close off
windows using 1 1/8" plywood leaving opening altop and pump concrete into
openings to create a solid wall:
. Plaster. or drywall all. interior walls and ceifings in entry. kitchen, general area,
stage area, and office and make paint ready,
Paint interior 'complete.
Total $20,900.00
Service One Services, Inc. hereby Proposes to suppty all materials and labor to'
complete work as agreed. Contractor not responsible for interior furnishings,
belongings, or flooring. Tenant to supply Contractor with adequate working space
during construction. This Proposal contains no flooring, plumbing, or HVAC. A
separate Proposal will be submitted for work required by Building and Safety.
Work to begin within 7 days of Proposal acceptance.
Sincerely,
J7~#~
Jay Hattabaugh
General Contractor license t/Bn2890
City' of lake EbillOf"e l~ #4765
ACENDA ITEM NO.~
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VENDOR CHECK LIST FOR:
5<2(\} iU. [JV'"" Se"';(GG5
\)/kead, Agree, and Sign the City's Maintenance Service Agreement. 3!?-'[-..J
/Y/Provide Contractors License Status and License Information to the
City.
6/Read and
Insurance. '
sIgn
Certificate Regarding Workers Compensation
o~lave a current City Business License on, file. i 'l.. f '3 '/0 L{
er-Provide a Certificate
determined by the City.
'of Insurance with Coverage requirements
11/1'1 /6'1
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VLIIUIUl
Business control nbr _ :
License number :. _.
Business name & address
F . "ICE ONE SERVICES
C OF TOWN BUSINESS
OUT OF CITY
City o~ Lake Elsinore
,License Master Inquiry
4723
04 04765'
CA 00000
CB
ACTIVE .
1/06/04
12/31/04
1/09/04
03 O~ 765
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Pin number
9931
Classification
Exempt~on applied _
License status, date
Appl, issue date
Expiration, valid thru
Gross receipts amount .
Date renewal printed
Date printed, reprinted
Prior license _ .
.\1unicipal code reference
Press Enter to continue.
P3=Exit F5=Additional charges F6~Charges F7=Miscellaneous
P8=Business ~nquiry F9=Additional requirements FIO=Receipts
Mailing address
P.O. .BOX 1485
LAKE ELSINORE
CA 92531
GENERAL BUILDER CONTRACTOR
1/06/04
12/31/04
',00 .
1/07/04
1/09/04
8/26/04
08,00,08
More.. _
information
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AGENDA ITEM NO. S
PAGE 9- L\ OF 3q ,~
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CITY OF LAKE ELSINORE
CONTRACTOR'S CERTIFICATE REGARDING
WORKER'S COMPENSATION INSURANCE
Sectioo'3700 of the Labor Code provides in part as follows:
"Every' employer except the State shall secure the payment of
compensation in one or more of the f~llowing ways:
A) BY being insured against liability to pay compensation
with one or more insurers duly authorized to write
compensation ins~rance in this state.
B) By securing from the Director of Industrial Relations a
.certificate of consent to self-insure, which may be
given upon furniphing proof satisfactory to the Direct9r
of Industrial Relations of ability to self-insure and -to
pay any ,;ompensatiol1 that may become due to his
employees...
"~PI1lI'I!lll!~~Qi
. The' undersigned is' aware of the provisions of Section 3700 of the
Labor Code which requlre every employer to be insured against
liability tor workerls compensation or to undertake self-insurance
in accordance with the provisions of that code, and will comply
with such provisions before commencing the performance of the work
of this co.ntract. ~ ;/~.~ ,__ ~
SIGNATURE ~.-t/l------'~ DATE :?kS-h i'
PRINTED NAME rr;; ~777J,/,;j uo,4
TITLE Lv ~ 7Y'tJ ern/' k,. ,p'/jJc fJ7/J^J/Joc"/
COMPANY ,\r"'('u Irr nu ("'~ ,Gr.( //re ( v
ADDRESS 1/.)</1 /.];J(lI!..<:;/ljJ7I STI'ce-,
Lt!. CGS'/tJOfY' C/l 9'21' .J'c)
<ioCj "-/7/-.ICZ-/
(In accordance with Article 5, commencing at Section 1860, Chapter
1, Part 7, Division 2 of the Labor Code, the above Certificate must
be signed by the Contractor and filed with the awarding body prior
to the Contractor performing any work under this contract.)
AGENDA ITEM NO.
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AGENDA ITEM NO. 5
PAGEUOF 3l:1
DECLARATION REGARDING LICENSE STATUS
jJ 7?211C;o
and exp~res on
contractor's license.is
S- /? I k:: 00 '-/
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I do hereby' declare that our/my
I declare under penalty ~f perjury that the foregoing is
true and correct.
Executed this 2S:d. day of J77;J('cAi
19
at 1_lIye EL.-.\/, 'rJ/'e--'
I California.
Signature JJ~.;Y~~*/0
pdnted Name Tn,?, #/J 77/},/I}<./<{ A
J
Title f<)~T7"/Jc.=rJ/'r>./t"rpc /YJA^J/J:!Pr-
Signing on beh~lf of
(if applicabie)
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MAINTENANCE SERVICE
AGREEME:NT
THE: CITY OF LAKE ELSINORE,
hereinafter referred to as CITY, AND
SERVICE ONE SERVICES, hereinafter referred to as CONTRACTOR, hereby
agree as follows:
~t'i~.~~ili
.
1.
PROJECT;
The CONTRACTOR 'shall perform services in the
nature of building repair and service, as well as minor
concrete and bri?k work for the City of Lake Elsinore.
2.
SCOPE OF SE:RVICES:
The CONTRACTOR shall furnish Own
tools, equipment", and vehicle at his own expense;
3.
TIME FOR PE:RFORMANCE:
The CONTRACTOR shall commence
performance of requested services within two business
days of a request for services by the Public Works
Manager,.
. 4.
TERM OF AGREEMENT: Due to the on-call, as needed basis
of the services, the term of the contract shall apply to
any future purchase orders.
5.
COMPENSATION:
The contractor shall
submit a work
estimate tOJ;. all work to be per.foIIDed.
The city mUst
approve all work prior to performance of the work. Work
will be compensated pursuant to the agreed amount on the
city signed and approved estimate fOIID.
6.
LICENSE:S:
The CONTRACTOR,
its employees I
agents I
contractors I
and
subcontractors
shall
maintain
professional licens~s required by the laws of the State
. .
, ,. .
O"f. .Californial and a City Business License. at all times
ACENDA ITEM NO.~
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AGENDA ITEM NO.
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while performing services under the Agreement.
7.
PERMITS ~D RIGHTS OF ENTRY:
The CITY will provide any (..)
and all necessary permit and rights of entry as required
to perfonn the" proposed services.
The CONTRACTOR wi 11
prosec::ute the work in a manner to minimi ze inconvenience
and any possible haz~rd to the City.
8. WORKERS COMPENSATION INSURANCE: The CONTRACTOR certifies
that he is. aware of the laws of the State of California
requiring employers to be insured against liability for
Workers Compensation and shall comply with such laws
during the term of this Agreement.
9.
CONTRACTOR'S LIABILITY:
The CONTRACTOR shall indemnify
and hOld the ~ITY, its officers, employees, and agents
~lt.:iI.ij.'
free and harmless from any lial?ility whatsoever,
inCluding wrongful death,. based or asserted Upol).;;act or
omission
of
the
CONTRACTOR,
its
employees,
subcontractors, and agents relating to or in anyway
connected with the accomplishment of the work or
(..)
performance .of service under this Agreement. As part of
the foregoing indemnity,
the CONTRACTOR agre~s to
protect and defend at his own expense, including
attorney f~es, the CITY, its offices, agents, and
employees. in a~y. leg~l act~on based upon any such
alleged" acts Or omission.
PUBLlC LlABILITYAND PROPERTY DAMAGE INSURANCE
,The CONTRACTOR shal;t furnish to the CITY and maintain
during the life of the contract a public liabil i ty
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pOlicy in which the CITY is named as an additional
insured.
The policy shall also hold harmless the CITY, its
officers, and employees while acting within ,the scope of
their duties, against all claims arising out of or in
connection with the work to be performed.
The pol icy
shall provide for not less than the following amounts:
Insurance Coverage
Requirements
Limit
Requirements
Comprehensive General Liability
Comprehensive Automobile Liability
Contractual Liability
$ 1,000,000
$ 1;000,000
.$ 1,000,000
CONTRACTOR shall> not conunence work under this contract
until- all' required insurance has been approved by the
CITY.
CONTRACTOR shall not allow any subcontractor to
commence, work until all similar required insurance has
_;i:i.,"&imi~ilAAlt,
been approved by :the CITY.'
Insurance policies carried by the CONTRACTOR and
Subcontracfors shall bear an endor'sement or shall have
-attached a rider, providing that in the event of
cancellation or proposed cancellation of such -policies
for, any reason whatsoeverl the CITY shall be noti:t;ied by
registered mail.
10. WORK PRODUCT:
Work' shall be considered complete upon
inspection and approval of the P~.lic Works Department.
11. TERMINATION: All work is performed as on-calli as needed
based service and may be terminated at a moments notice.
12, INDEPENDENT CONTRACTOR:
CONTRACTOR and his agentsl
servants I and employees' shall act at all t;imes in an
ACENDA ITEM NO.
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independent capacity during the term of this Agreement
and in the performance of the services to be rendered U
,
hereund~r, and shall not act as, and shall not be, and
shall not in any manner be considered to be agents,
officers, or employees of the CITY.
13. EMERGENCY SERVICES:
The CONTRACTOR shall pr6v~de the
CITY with at least two (2) forms of contact that can be
called
by
CITY
representatives
when
emergency
. maiht'enance conditions occur during hours when the
CONTRACTOR'S normal work force is not present. The CITY
shall call for .such assistance only in the even"t of a
genuine and substantial emergency. The CONTRACTOR shall
provide.a maximum of one~hour personnel response time
upon ll?tification.
',iiiiiIl_
14. PERSONNEL ATTIRE AND EQUIPMENT:
The CONTRJl._CTOR shal1
require each of his employees ..to adhere to basic Public
Works standards of working attire.
These are basically
uniforms, . proper shoes and other gear required by State
Safety Regulations, and proper wearing of the clothing.
Shirts. shall be worn at all times, buttoned a~d tucked
in.
CONTRACTOR shall display the name of his firm on any
vehicles used Jby the. CONTRACTOR'S employees to' carry
supplies and. equipment.
The firm name shall ;be in
letters large enough to be easily legible from a
distance to one-::-hundred (100)' feet.
In addition, CONTRACTOR shall display directly' below
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vehicle's company identification, a magnetic sticker
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wi th the following message:
"Under contract with the
City of Lake Elsinore".
The CONTRACTOR is responsible
for the purchf~e of required number of magnetic
stickers.
The ,City will provide a sample sticker to
CONTRACTOR.
IS. SPECIFICATIONS:
Standard Specifications - The Standard
Specifications., of the City of Lake Elsinore are
contai!led
in
the
1998
Edition
of
the Standard
Specifications for P,ublic Works Construction, including
all supplements, ,as written and promulgated by the joint
;, I
Cooperative Comm~tteeof the Southern California Chapter
of the As~ociat~d General Contractors of California.
Co'pies of these Standard Specifications are available
fI~
from the pu91isher,at the .following address:
BUILDING NEWS, INCORPORATED
1612 S. Clementine St.
Anaheim, California 92802
Phone:. (888) 264-2665
(\
Other t~chnical 'documellts included by referenCe herein
i.ncl~de. ~~e Rive.r:side. Cormty Road Improvement Standards
and Specificatiori,~, latest edition, and the State of
California Department o,f Transportation Traffic Manual
and Manual of Traffic Controls for Construction and
Maintenance Work Zones.
The Standard Specifications set forth above will control
the General Provisions,
Construction Materials and
Construction Methods for this contract except a~ amended
by
the
pians~
special
provisions,.
technical
AGENDA ITEM NO.
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.specifications or other contract documents.
16. ASSIGNMENT: Neither this Agreement nor any part thereof
u
shall' be assigned by the CONTRA~TOR without the prior
written consent of the CITY_
17. NON-DISCRIMINATION:
CONTRACTOR. shall not discriminate
at its recruiting,
hiring, promotion, demotion, or
termination practic'es on the basis of race, religious
creed,
color,
national
origin,
ancestry,
physical
handicap, medical condition, marital status or sex in
the' performance .of this contract, and, to the extent
they shall be found to be applicable hereto, shall
comply with the provisions of the California Fair
Employment Practices Act (conunencing with Section 1410
of the Labor Code), and the Federal Civil Rights ',Act of
~~
~ /
P('uI<e
{fa ~S"c.;d iJ> 72Zc9'i 0
1\'\tJM..(" 7X ivh "{.
Date
u
'1ff.~J:'~N>t
Contractor
or-JeQru/ces
fI7Af'C,/20:Z= ?
Date
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PAGE 3)" OF .2..1-:
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CITY OF; LAKE ELSINORE
INTEROFFICE MEMORANDUM
'"
TO:
Bill Payne, Public Works Manager
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FROM:
.Robin Chipman, Building l& Safety Mal~a'ger
Bill, following is a list of items noted on our walk Ihru on Tuesday, October 261h. These items
need to be addressed prior to the Historical Society occupying the basement area of the Cultural
:Center. .
. Install approved closers at main and re.,1r doors. .ooors to be adjusted for maxifnum 15
pound forcc. zP~.
. Provide a 2" wide eoior contrasting stripe 3t, the nose of each ~e2d al the rear exterior
stairs. ' .~
n "Install exit signs at both the main and rear doors (exit signs to be_?l! tepa rate circuit).
. Install levered type hardware tllfo~gh~ulonaH doors, except main entrance and rear,exit.
. '. ~~~
n
DATE:
October 28; 2004
RE:
Cultural Center I Occupancy Requirements
- Install weather stripping and threshold at new rcar door.
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Install light fixture outside rear door.
.,.\
. Remove all !-musedor abandoncd electrical conduits, gas lines, and. NC lines.
. Obtain EleCtrical Permit and veri~y i~stalla(ion of electrical wiring for lighl fixtures and
Emergency EX:itlights. (call for inspection after obtaining permit) /t:C<.
. Repair or remOve existing electr!cal conduits arid wiring as necessary to comply with
National Electrical Code. ' " '-, /
. Enclose walls at-electrical sub-panels and l2:bel all circuit breakers. "'_
'. ", /-8<--'
." Build chase at main electrical conduits al ADA rdITlp to protect from damage.
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IrlStall_new door at stairway near main entrance to prohibit access.to City Council.
.
Install handrails at new ADA ramp on both sides to comply with California Buildi~
Code. ,; -Z U
. Install ventilation ducl fo~ fan at ,second (priva~e) restroom.
~~c...:
-t.t
. Instal,I,~ot on trap a~ sink in.a~ce~ible rest,room.
-'
Grab bars at unisex accessible'restroom to be installed per code. Minimum 24" from front
of water closet forward and maximum 12" fr~m rear wall.
....,; .:-~
. Provide approved ADA accessible signage for unisex accessible restroom.
.
Toilet paper dispenser to be
above finish floor.
12" maximum from fronl edge of loilc1.and minimum \9"
~;!i::..
. Install paddle type controls at kitchen sinks.
,
i:;D \
.
Pro'vide access to area behind door located in storage room next (0 kitchell.
determine if any code related items exit.
t:I~to
~-,... l~ '.'
. ObtainCounty of Riverside Health Department approval if food will be prepared, so.Jd, or
provided em-site. - ;'.! j.:.
:1;.ohI...wI:'--";~
.. Counter tops at kitchen mllst provide area 36" long and located between 28'>> to 3.4>> above
finish floor. " -.~~j i:
. .Obtain County of Riverside Fire Departmellt permit and approval of hood system if
kitchen will have cooking appliance.,(if no stove..,... no Fire DepL approval required)
Remove'abandoned heal duct from back 'room to main noor area.
,.;-...
., Jnstall T-bar ceiling at back ,room to conceal plumbing and e1cc1rical. T~bar to~comply.
with seismic requirements.
. Install dead bolts at all doors leading from basement to stairway.
. Repair window openings at east side of basement (below gmde ~ 3 tolal). Windows to be
structurally filled 10 prevent earth from caving in. ,~~/p
. Remove plywood at east and west, basement walls for inspection (below window
openings)_
J:,;,'
.
Repair all holes in walls and ceilings throughout the basement area 3.Jnecessary.
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Obtain Mechanical Pennit to install new ventilation system tQ comply with Building
Code requiremenfs far square footage .of basement area Provide floor plan showing
location of mechanical unit and dueting tQ supply all areas of basement.
.
.
Stage area must be made accessible to the physically disabled. It is acceptable tQ prov~de
removable ramp if less than 24'" elevation change. Ramp must have a slope .of not llJore
than 1 in 12. .
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Must remove dc{ors Dr ;...._.v
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left side .of stage area tQ be made acc~ssible. :,',:~.
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The doors that access the stage area cannot swing over the stairs.
swing door,S in the other direction.
The door I hat. accesses the foom at I he
(minimum 32" wide opening)
ce. Bob Brady, Community Development Director
Dave :Sapp, Communit y Services Director
~jjlSt1ill.~1
AG~NDAITEM NO,~
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Service
One
Services
PO BOX 1485, Lake Elsinore. Ca 92S31 951-471-3621 ~ fax 951-471-8245
PROPOSAL -Rev(sed
City of Lake Elsinore
Public Works Division
521 North Langstaff Street
lake Elsinore, CA 92530
Atto: Mr. Bill Payne
Date: February 1, 2665
(\
Re: Lake Elsinore Cultural Center
Scope of Work: Tenant Impro'fement
Work Requested:Bctra worlqlefRobinGhipman & Dave Sapp per Interoffice
M9l'nOrandum dated October 28. 2004
General Constnrotiofl:
. Install weatherstripping ard threshold @ rear door.
. InstaD light fixture ll1lIside rear door.
. Install ADA approved clOSflrs on main and rear doors.
. Install 2" stripping on each stair tread.
. In&tall exit signs-@-maiA4<:KM'.-feard,X)r,and at top of ADA ramp.
. Remove aHunused or abal.~donedell'lctrical. gas, water, ale lines or conduits.
. Verify all electrical work done without permits.
~ All electrical to complywith.NEC.
· Enclose walls @ electrical panel ancllabel breakers. .
.. Build chase@main ~"-.;t.i....ICOIldurts~ADA ramp.
. Install framing and door to prohibit access to stairwell.
i
. Install wood 1....od,..i1~'W<dhHde.ofMA ramp.
. Install boot on ~. inBtalI i\DA acceBsible signage inreslroom.
· Install new door and jam Ie closet storage area in electrical panel room. .
· Install deadbolt&-{}(l:doarsieacJing .ff(lffl basement to stairwell.
. · Install new ADA approved ramp to shge area.
· Remove EOO<.lihglloors'1OT.tagearea.
. Remove door to left of stage area. Opening to be 32" min.
· Install lever type hardware on all dool'8 exCept entrance doors.
. Install new t-bar ceiling in (lffioe.
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. Install new t-ban::eitingin1Iitchen.
. Install new t-bar ceiling in llolHemodeled bath.
· Remove existing sinlnmd r..u~",Jl; in->kitchen area.
· Remove existing boilertype-lIDil in dn<Oet storage.ar.eanext to kitchen.
· Install new 2' x 2' x 33' SO!rtitt to hou!le heat/air ducts, Build and construct 2
walls, with 36. x80.4oor.*feRn-clflset area in comer for new air handler,
· Refinish approx. 50 sq. ft. Ilf existing wood countertops.
. Remove approx. 16Ii"....1 ,"".,l-of1titc'hen cabinets.
· Patch aU penetrations in main area veilings.
. Patch concrete floor in kitchen.
· Patch drywall in ceiliAgm-A{)A'festfoOOl & kitchenarea-&make paint ready.
· Ill$taD FRP in kitchen as rn~ecI. apf1rox. 192 sq. ft.
· Install soap dispensers at ..U hdlld sinks.
. Seal all holes & gaps around equipment, plumbing. through the walls & ceiling
in kitchen. .
TOTAL for General Construction: $12,81:,5.00
Heat & Ale . .
· Install heat and airin-basement of CI..ltural Center. 'Install 2 new heat pumps
and air handlers. .
. Unit #1 - Air handl6r to be located in closet area in electrical panel room,
condenserlocatioR-to-bc E1l)ter-mine(t-Ducting to go fro", closet room to
kitchen, ADA restroom. non-remodelud re6troom, room left of stage. stage .
area, room right of stage,-.md I'tPfHulL.1J3 of main fIoorarea. Note: ductwork
into main area to be run internally, no duels will be visible In main "oar area.
This will be done by openir1g UI) ceiling and wall in kitchen area and running
flex duct thru eJristing 1IoOr Joists.Jieatlair regjstem win -be-mounted in
existing ceilin9-.
· Unit #2- Air handler-t9~ .Iooatedlfl fleWly constructed closet area located in
rear corner. DUeling to go thru new soffltt into office area and to approx. 2/3
of main floor area. Again all ductsimlfmain floor areatobe installed in
. existing floor joists from solfilt.ama. Heatlair registers to be mounted in
existing ceiling.
<rOT AL fodieatAlC:-$13,500.00
Elec:tric:al
'. Install 4 new2X~drop-in style light1ixtures in t-barceUing in kitchen.
· Install new electrical 10 2 m,w air handlers, 1 located in kitchen area, & 1
located in rear comer. .
. Drop in existing 2X4 fixture'~ into t-bal in office.
· Install new electrical to 2 /lEIW (".onden:sers located on side of building on
Heald.
· TOTAL for Electrical: $320<1.00
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Plumbing
. Install 3 COOlpartment stair,less steel sink fumished by City.
. Saw cut concrete floor in kitch'l.'f1 & locate existing waste line.
. Install new.floor.siRk.
. Install new-rough & finish water & Wllste for 3 compartment sink.
. Supply hot W'dho, lu h....d 1linkin lIJ1finlshed mstroom.
. Install new mop & hand sir,k.
. Install paddle"typefaucet@sink.
TOTAL for Plumbing: $4500.00 .
. Masonry
. Saw cut concrete.fer_.f-oolinQS.
· Construct new block wall appmx. 8');.8'XS' tall, scratch & apply finish coat to
match building mn:losellS-pu_jbfe.
. Install wrought iron top approx. S'XS' & iron gate 42" wide X 60. tall.
Note: New block aJea to huu,,"HlewAIC. condeJJSers.
TOTAL for Masonry: 52400.00
General Construction = $12,8H5.oo
Heat Ale = $13,500.00
Electrical = $3200.00
Plumbing = $4500,00
Masonry = $2400.00
'Grand Total $36;465.'00
Service One Servi~,-tnc: 1.."..b)''Propr.:>s8l>1o supply afl ,,,,de,ials and labor to
complete work as agreed-All wor/I.to.be.done during normal business hours.
Owner to be responsible for all permits ()or fees. Tenant to remove all fumiture
. and belongings etc. . 8IljkliR9~s to b.:H:lear of these items-refore
construction can begin. Cont~actor doe:t offer this service. Construction to start
within S days of Proposal a.....~'lIl<ollce ancl to be completed in approx. 45 days.
This Proposal contains no flooring.
Sincerely,
:9~ce lPr:~
Jay Hattabaugh
_ICo_l_lI8~
City oI1.oke eloinon> lunoe M765
AQENOA ITEM NO. 5
PAGE21 OF 3'1
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CITY OF LAKE ELSINORE
REPORT TOTHE CITY COUNCIL
TO: Mayor and City Council
FROM: Robert A. Brady, City Manager
DATE: March 8, 2005
SUBJECT: Amendment to Agreement by and between County of Riverside and
City of Lake Elsinore for Traffic Signal at Grand Avenue and Ontario
Way
BACKGROUND
This project was originally considered for inclusion for design and construction in the
Capital Improvement Program budget for Fiscal Year 2005/06. Grand Avenue is a
County maintained road and Ontario Way is a City maintained road that serves an area of
the City located northwest of Corydon Street. Staff was informed by Riverside County of
their intent to move the project to construction this fiscal.year, ifthe City would
participate with its share of the funding..
On July 13, 2004, the City Council approyed a cooperative agreement between the
County and the City to construct a traffic signal at the intersection of Grand Avenue and
Ontario Way. Staff recently received an amendment to the original agreement from the
County revising the City's share of costs from $60,000 to $75,000. The County informed
staff the cost changes are due to anticipated increases in construction costs. A second
change involved an indemnification clause revision. The City Attorney has reviewed and
approved the amendment.
DISCUSSION
The original contract between the County and City was approved by City Council on July
13,2004. The agreement was revised by the County and the changes involve the City's
share of the costs and an indemnification clause. The cooperation of the two agencies to
coordinate the construction of the traffic signal will result in reduction of overall project
costs.
A~NDA ITE.M NO.
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City Council Report
Page 2
FISCAL IMPACT
This project is not funded in the current fiscal year,. however AB 2766 funds are available
in this fiscal year for the design and construction of the project. County staff has
increased the City's portion from $60,000 to $75,000. Adequate funds are available
through the AB2766 program to cover the increased cost. Funds will be transferred to me
County per the cooperative agreement. . .!
RECOMMENDATION
1. It is recommended that the City Council authorize the Mayor to execute the
revised Agreement by and between the County of Riverside and the City of Lake
Elsinore for installation of a Traffic Signal at Grand A venue and Ontario Way.
2. Authorize staff to transfer $75,000 from AB 2766 to project #4242 for the City's
portion of the project costs.
APPROVED BY:
. :JL a k. ,,&:-
COMMUNITY DEVELOPMENT DEPARTMENT-
ENGINEERING DIVISION
APPROVED FOR
AGENDA LISTING:
Attachment: Letter request from Riverside County
I."
AlIiENDA ITEM NO.
'" PAGE :A OF 3
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corne (IT OF RIVERSlJE
TRANSPORTATION AND
LAND MANAGEMENT AGENCY
lransportationDepartrnent
George A. Johnson, P.E.
Director of Transportation
February 24. 2005
RE: Cooperative Agreement
Design and Construction of a Traffic Signal
Grand Avenue and Ontario Way
DfE(CfEUW/E
CITY OF LA
fNGfNfERI'ifG~OLSINORf
IVISION
Ken A. Seumalo. P.E.
City Engineer
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Dear Mr. Seumalo:
(\
Transmitted are four (4) original copies of the above-referenced cooperative agreement between
the City of Lake Elsinore and the County of Riverside.
This Agreement was originally approved by your City Council on July 13. 2004; however. after
review and recommendation by 9urCounty Counsel, changes were made to Sections 5. 6, 19,
and 21. The changes to Sections5and6 were due to anticipated increase in construction cost.
Also. Sections 13 and 22 were added. .
These changes were faxed to your office on January 24, 2005, and discussed with David
Solomon on February 14, 2005.
If the agreement meet with the City's approval. please sign and retum all four copies to this
office for final execution by the Riverside County Board of Supervisors. Also. please do not fill in
the approval date. 011 the firstlJage of these agreements. An original copy of the agreement
will be sent to your office after it is executed.
If you have any questions. please contact Lawrence Tai, County Traffic Engineer. at (951)955-
6800.
Sincerely,
'-
Lawrence ai
County Traffic Engineer
LTT:bjl
Transmittals
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Cc: Rich Healy
AQENDA ITEM NO.
4080 Lemon Street. 8th Floor' Riverside. California 92501 . (951) 955-6740 "PAGE 3 OF
P.O. Box 1090. Riverside, California 92502-1090 . FAX (951) 955-3198 .
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CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO: Mayor and City Council
FROM: Robert A. Brady, City Manager
DATE: March 8, 2005
SUBJECT: Construction Contract Award for Traffic Signal at Grand Avenue
and Broadway Avenue
BACKGROUND
On October 26, 2004, the City Council directed staff to design the traffic signal at the
intersection of Grand and Broadway A venues. The project was approved with the use of
Traffic Impact fees and Traffic Safety funds as the funding source. Design of the signal
has been completed and subsequently advertised for bid. . Concurrently, staff has ordered
the signal poles and controller cabinet to be provided to the contractor for installation.
Typical lead-time for these items is 15-20 weeks, and to use the time efficiently, staff
ordered the poles and cabinets in advance.
FINDINGS
On February 28, 2005 at 2:00 p.m., the City received four (4) bids from qualified
companies for the construction of the traffic signal at the intersection of Grand and
Broadway Avenues. The bids were as follows:
I.
2.
3.
4.
Sierra Pacific Electrical Contracting, Inc.
,DBX Incorporated ~;'
Moore Electrical Contracting, Inc.
Steiny and Company, Inc.
$ 98,305.00
$100,057.00
$105,953.00
$154,948.00
The contract includes total work required for installation of all necessary hardware and
energizing of the signal.
Sierra Pacific Electrical Contracting, Inc., is the low bidder and their experience, through
confirmation by their references, adequately fits the project needs.
ACiilENDA ITEM NO.
PAGE I OF
City Council Report
Page 2
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FISCAL IMPACT
This traffic signal project was not budgeted in the current fiscal year 2004/05. Due to an
increase in signal warrants, the City Council approved $150,000 for design and
construction of a signal at the intersection of Grand Avenue and Broadway Avenue.
Funding for the signal was identified from Traffic Impact Fees (T.I.F. No. 205) in the
amount of $ 108,476 and Traffic Safety Funds (No. 115) in the amount of$41,524, for a:,
grand total of $1 50,000. '
The total cost of the signal is scheduled as follows:
Sierra Pacific Electrical Contracting, Inc.
Contingency
Hartzog & Crabill (design consultant)
Econolite (signal 'controller cabinet supplier)
McCain (poles and mast arms supplier)
Project Inspection and Administration
= $98,305.00
= $ 5,000.00
= $ 6,900.00
= $27,805.00
= $16,413.56
= $ 7.000.00
TOTAL $161,423.56 :
.
An additional amount of $11,423.56 is needed in order to award the contract. The'
additional cost is due to higher signal hardware costs than originally budgeted. The I' U
additional funds of$II,423.56 are earmarked to come from the Traffic Safety Fund No.!
115.
. .; .' , ...~.
RECOMMENDATION
Staff recommends that the City Council:
1. Approve the transfer of$11,423.56 from-the Traffic Safety Fund (No. 115) to
this project. :
2. A ward the contract to Sierra Pacific Electrical Contracting, Inc. for
installation of a traffic signal at the intersection of Grand Avenue and
Broadway Avenue. "
3. Authorize the Mayor to execute the contract with Sierra Pacific Electrical '
Contracting, Inc. in the amount of $98,305. '
APPROVED BY:
JL,~.~ :..?- '
COMMUNITY DEVELOPMENT DEPARTMENT,
ENGINEERING DIVISION
APPROVED FOR
AGENDA LISTING:
CITY
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Ar.aENOA ITEM NO. 7
PAGE :2 OF" 1.
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
MARCH 8, 2005
SUBJECT:
AUTHORIZATION TO PREPARE CEQA COMPLIANCE
DOCUMENTS FOR ANNEXATION NO:. 73, GENERAL PLAN
AMENDMENT NO. 2004-12; ..ZONE CHANGE. NO. 2004-13 AND
SPECIFIC PLAN 2004"02, FOR .THE VILLAGE AT WALKER
CANYON LLC.
BACKGROUND
The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of
development projects proposed within the City. The Community Development Department is
responsible for the preparation of the necessary information and, depending on the scope and size of
the project, will either prepare the environmental documents in-house or have a consultant prepare
the documents and studies. The cost of preparing the environmental analysis is paid for by the
project applicant through the application fee process.
DISCUSSION
Due to the scope of this project, staff has requested that HDR Engineering, Inc. prepare the CEQA
documents(Envirollinenial Impact Report) for sUbject project The proposed cost of preparing the
environmental review is estimated at $89,237.00:
FISCAL IMPACT
The cost of preparing the environmental review will be paid by the applicant's fees through the
City's cost recovery program. All staff administrative time and consultant costs are paid from the
applicant's fees: There is no cost to the City. . .
RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to approve an agreement with
HDR Engineering, Inc. to prepare the CEQA compliance documents for the Village at Walker
Canyon LLC, in the amount of $89,237.00.
PREPARED BY:
ROLFEPREISENDANZ, SENIOR PLANNER
APPROVED FOR
AGENDA LISTING:
Attachment
A~NDA ITEM NO. C6
"PAGE-LOF I g
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March 1, 2005
Mr. Rolfe Preisendanz
Se'nior Planner
City of Lake Elsinore
Community Development Department
Planning Division
130 South Main Street
Lake Elsinore, CA 92530
RE:
> '.. '. , ,I
Proposal for Preparation of California Environmental Quality Act'
. (CEQA) Compliance Documentation Services - (Environmentallmpacl
Report)
The Village- City of Lake Elsinore
."
Dear Rolfe:
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HDR appreciates the. opportunity to prepare this proposal for the prepara!ion of
California Environmental Quality Act (CEQA) documentation services for the ~ity of
lake Elsinore, Community Development Department, Planning Division. HDR is
familiar with City of lake Elsinore CEQA procedures and requirements, and has
prepared numerous residential project CEQA documents. .
Ms. Wendy Worthey is the proposed HDR project manager for The Village CEQA
documentation (Environmental Impact Report [EIR]) effort. Wendy has over 15
years of comprehensive CEQA compliance experience and has been involved with
complex environmental documentation efforts for a variety of mixed-use projects
throughout southern California.
Pursuant to your request,' the attached scope of work and cost proposal outlines the
CEQA documentation requirements for the preparation of an EIR required fqr The
Village project.
Please review the attached scope of work/fee proposal and contact the underSigned
should you have any questions or require further information or clarification. HDR is
prepared to begin work immediately on the CEQA documentation effort upon receipt
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AQENOA ITEM NO..1. Cl
" PAGE ~ OF J 't
Page 2
Mr. Rolfe Preisendanz
February 24, 2005
(1
of notice to proceed from the City of lake Elsinore. Please contact Wendy Worthey
at 858.712.8380 if you have any questions or comments.
Sincerely,
. HDR Engineering, Inc.
Belly Dehoney
E&RM Program Manager
Attachments:
Scope of Work I Cost Proposal
Professional Services Agreemerit
Standard Hourly Rates
(1
(1
HDR hgine.ring.lnc.
AQENDA ITEM NO. g'
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Scope of Work
March 1, 2005
u
Environmental Impact Report -
The Village
Woodward Interests
City of Lake Elsinore, CaJifomia
This scope of work for preparation and processing of an Environmental Impact Report has been
developed based upon information provided by the City of Lake Elsinore, Community
Development Department, Planning Division, State California Environmental Quality Act
(CEQA) Statute (Public Resource Code Sections 21000-21177), the CEQA Guidelines (Sections
15000-15387) and City of Lake Elsinore, California Environmental Quality Act (CEQA)
implementing procedures and requirements AND upon information still to be provided by
Woodward Interests (Applicant).
Project Understanding
It is our understanding that Woodward Interests has submitted a request to the City of Lake
Elsinore Planning Division for approval of a Specific Plan, Annexation, General Plan
Amendment, and Zone Change for The Village, a master planned mixed-use community.
Based upon ongoing discussions with the City, it appears that an Environmental Impact Report
(EIR) will be the appropriate type of CEQA documentation for the proposed project. This EIR
will be prepared in accordance with CEQA, the CEQA Guidelines and will include impact
analysis on a focused group of environmental factors where appropriate. HDR also understands
that time is of the essence and that the Applicant has an aggressive CEQA document preparation
and processing schedule.
For cost estimate purposes, it is assumed that the following technical studies and related
information will be prepared and provided on behalf of the Applicant, and provided to HDR for
use in preparing the EIR (must be available in both hardcopy and electronic formats):
. Project Description (must include all project features, site access, lighting plan, cut/fill
amounts, signage, retaining walls, etc.) -
. All Discretionary Action/Entitlement Documentation
. Site Plan and Related Design Information
. Landscape Conceptual Plan
. Utility Plan
. Water Supply Analysis
. Architectural Elevations and Artist Renderings
. Geotechnical Report
. Grading Plan
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AQENOA ITEiO' '
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. Hydrology StudylDrainage Concept Plan
~ Water Quality Management Plan (must include all structural mid non-structuraIBMPs,
BATs, and BCTs)
. Traffic Impacts Report -
. Air Quality Analysis ,
. . Cultural Resources Report
. All Biological Studies (including 'permits needed, all mitigation, and consistency with
MSHCP)
. Phase I Environmental Site Assessment
. Site Photos (needed for project descriptions and for visual impacts/viewshed analysis)
. Fiscal Analysis
In order to meet the accelerated schedule, HDR would need all of the above information (as
applicable). no later thap March 18, 2005. If these studies are not available at the time of
preparation of the EIR, the assumption is that missing relevant project information could delay
completion of the EIR. .
Task 1 - Project Initiation and Coordination
(\
All project initiation and coordination activities will occur under this task. HDR will coordinate
with the Applicant to gather the necessary data to most efficiently prepare the EIR. The initial
coordination will include the following components:
.
. , .. . .
Coordination with th~ Applicm,'t to gather all necessary data and information;
'j
. Preparation and distribution of the Notice ofPrep~ti~~ for the Draft EIR;
· Development of an appropriate "table of contents" and format for the document;
. Discussion with regulatory agencies,. as appropriate, to identi(y their approach to resource
protection in this area; and, .
. Identification of additional data needs. .
n
Task 2 - Environmental Impact Rep~rt
Sub-Task 2A: Draft Environmental Impact Report
The Draft EIR will be prepared in accordance with Section .15162. of the CEQA Guidelines.
HDR will prepare a Screencheck Draft EIR for review by the City of Lake Elsinore Planning
Division. The Draft EIR will be prepared in accordance with the provisions of the amended
CEQA Guidelines and will include all CEQA and CitY required sections based on the previously
circulated NOP. Each environmental factor will be evaluated for existing conditions, project
impacts, level of significance of project' impacts, cumulative impacts, level of significance of
cumulative'impacts, mitigation measures, and level of significance with mitigation measures
incorporated.
The following provides.a brief discussion of the work to be undertaken for each of the key areas
in the Draft EIR:
ID:l
2
m March I, 2005
AGENDA ITEM NO. D
PAGE.sL. OF..tL
Section 1.0 - Introduction and Summary: The introduction will be based on the information
included in previous documentation and include information regarding the purpose of an EIR and
procedural information. This section is also intended to provide a quick understanding of the U
Proposed Project's predicted impacts and mitigation measures. It will identifY, in an overview
fashion, the Proposed Project under consideration and its objectives including any design features
that will be implemented. This section will briefly discuss the environmental impacts associated
with project implementation (whether beneficial or adverse, significant as well as insignificant),
and will contain discussions of impact areas determined to be insignificant (from the original
EIR, if appropriate) an~ therefore not elaborated on in the Impacts Analysis (Section 4.0).
Section 2.0 - Proiect Descriotion: The project description will be based on information provided
by the applicant and City, and will include the Proposed Project location and setting, site
characteristics, project objectives, and the characteristics of the Proposed Project, including
technical studies done describing impact areas determined to be less than significant. This
section will also include the requested permits and approvals. Transmittal of all entitlement
documentation to HDR in a timely manner is crucial to meeting established environmental
document preparation and processing schedules.
"
Section 3.0 - General Environmental, Settinl!:. This section will pro~ide an overview of th~
environmental and jurisdictiOlllil setting for the Proposed Project. An analysis of the majot
environmental characteristics and surrounding land uses will be presented, along with a
discussion of the past, present, and reasonably foreseeable future projects and activities in the;
surrounding areas that will serve as the basis for the cumulative impact analysis. Ii
,
Section 4.0 - Environmental Imoact Analvsis: For each potentially significant issue' identified in
the NOPlInitial Study, this section of the EIR will include an updated discussion of the
environmental setting, significance thresholds, project impacts, mitigation measures, cumulative
impacts, and the level of significance after mitigation. The assessment of impacts will be
consistent with CEQA requirements and will utilize defined threshold of significance td
determine the impacts of the Proposed,Project. It is assumed that each of the environmental
Issne areas will be discussed based npon information from a technical study provided by the
Applicant. The following is an overview of the approach to the key environmental issues:
Aesthetics and .visual Resources - Existing onsite and surrounding area viewsheds will be
photographed and described. This section wiil also include the results of a visual simulation
(GIS digital modeling). Any significantly altered viewsheds will be described and mitigation
measures developed to reduce any impacts to less than significant.
U
Air Quality - HDR will utilize a technical air quality evaluation pursuant to SCAQ~
CEQA guideline requirements. The existing air basin will be described and county, state and
federal mandated significance thresholds will be documented. Project-related emissions
(construction, operational and special event) will be documented for each proposed land use
and a CO hot spot analysis will be run. Mitigation measures will be proposed in response to .
conclusions of significant project impacts.
Biological Resources I Jurisdictional Waters - HDR will incorporate the biological survey
results into the Draft EIR., Sensitive species database assessments will be initiated prior to
any site fieldwork. The EIR will include a discussion of existing onsite biological resources;
inclu~ing threatened and endangered species, sensitive habitat, and state and federal,
regulatory agency resources. The potential impacts to biological resources as a result of the
Proposed Project will be documented. Potential impacts will also be discussed in the context
of the Western Riverside County Multiple Species Habitat Conservation Plan. Mitigation U
measures will be proposed in response to conclusions of significant project impacts. 'i
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[ March 1,2005
AGENDA ITEM NO. '
PAGEJ..Q. OF-1.Z..;
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Cultural Resources - The EIR will include. the summary of the cultural resource records
search and investigations and findings. In addition, compliance with the new SB 18
regarding tribal consultation will be included in this section. Project-related impacts to
cultural resources will be evaluated and mitigation measures developed, if required
, Geology and Soils / Hazards / Mineral Resources - Onsite soils and geotechnical conditions
will be evaluated and any related hazards will be dOCumented, as provide in a geotechnical
report. provided for the Proposed Project. Features to be documented include unstable
soils/slopes, .historicallandslides, earthquake mults and seismic safety zones, and onsite soil
types. No subsurface work is proposed as part of this analysis. Soils and geologic features
will be graphically depicted. Project-related impacts to geotechnical resources will be
evaluated and mitigation measures developed, if required.
Hazardous Materials - Analysis will include review of historical aerial photographs, county
records and Ii site analysis, all which should be part of a Phase I ESA prepared for the
Proposed Project. A mitigation program will be developed for any identified contaminated
areas. .
Hydrology/Water Quality - Onsite hydrologic conditions will be summarized and will be
based on the hydrology report prepared by the project civil engineer. Hydrologic features to
be evaluated include 100 year flood plains, dam inundation areas, existing Qso runoff
volumes, post development hydrology conditions and any required mitigation measures.
Depending on the extent of information, this section may be split into separate sections for
Hydrology and Water Quality. Water quality information will include Best Management
Practices, Best Available Technology, and Best Conventional Technology.
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Land Use - Existing onsite and surrounding land uses, as well as General Plan and zoning
designations, will be documented. Potentiai'inconsistencies with existing general plan and
zoning designations will be documented and any necessary mitigation measures will be
formulated.
Noise - Per a noise analysis, the acoustical environment on and surrounding the Proposed
Project site will be described and county, state and federal mandated significance thresholds.
will be documented. Project-related noise generation will be documented and gi-aphically
depicted. Mitigation measures will be developed to mitigate any significant adverse impacts
. to less than significant levels.' .
Paleontological Resources - The EIR will include the ~ummary of the paleontological.
resource records search and investigations and Tmdings. Project-related impacts to
paleontological resources ~ilI be evaluated imd mitigation measures developed, if required.
Public Services and Utilities - Existing public, services and facilities which would serve the
project will be documented, inchiding water, wastewater treatment, solid waste, recycling,
electricity, natural gas, education, police protection, fire protection, recreation, and library
services. Project-related impacts to each public service and utility will be documented and
appropriate mitigation measures developed to reduce impact to less than significant levels.
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Transportation/Traffic - HDR will incorporate findings from a traffic report that will
"document existing traffic and circulation conditions in the vicinity o( the Proposed Project
and project-related traffic/circulation impacts. The traffi~ report will be prepared to address
City concerns regarding substandard traffic and circulation conditions, project impacts and
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~ March I, 2005
AGENDA ITEM NO. \ f:{
PAGEJ.L OF..J,..J.l-
mitigation measures will be proposed in response, to reduce traffic impacts to less than
significant levels.
Section 5.0 - Proiect Alternatives: Alternatives will be established in discussions between HDR,
the City, and the Applicant. For the purposes of this proposal, a total of two alternatives m
addition to the,mandatory no project alternative will be considered in this section of the EIR. For
each alternative, a description of the alternative, consideration of the alternative's feasibility in
relation to the Proposed Project's basic objectives, and, a comparative analysis of the
environmental impacts attributable to the alternative versus those associated with the Proposed
Project for each of the environmental categories discussed above will be provided. Consideration
of any further alternatives which may be required will require modifications to the project budget
Section 6.0 - Growth-Inducing ImDacts: HDR will prepare the CEQA-required analysis section. '
Section 7.0 - Inventory of Unavoidable Adverse Imoacts: iIDR'will prepare the CEQA-required
analysis section. '
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Section 8.0 - Mitigation Monitoring Program: HDR will prepare the CEQA-required 'analysis
section containing a compilation of mitigation measures presented in the EIR.
Section 9.0 - Persons and Organizations ConsultedlReferences: HDR will prepare this section of
the EIR to document all persons and sources that contributed to the environmental analysis.
Screencheck Draft EIR
HDR will submit three copies of the 'Screen check Draft EIR for City and Applicant review.
Following City and Applicant review of the Screencheck Draft EIR, HDR will prepare the Draft
EIR that incorporates final changes as approved by the City. HDR assumes that changes will be
minimal due to early consultation with the City, and previous approval of technical reports by
City personnel. HDR assumes that 50 copies of the Draft EIR and technical appendices will be
provided for distribntion. HDR will prepare the Notice of Completion to be distributed along with
public circulation of the Draft EIR and will assist in transmitting the required copies to the State
Clearinghouse.
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Sub-Task 2B: Preparation of Response to CommentslFinal EIR
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Near the conclusion of the public review period, HDR will work with the City of to obtain all
comments received on the Draft EIR. After consultation with City and the Applicant, HDR ~ilI
prepare the Administrative Final EIR. An Administrative Final EIR containing proposed
responses to comments and revisions to the Draft EIR identified from review comments will be
prepared once all comments are received: It is, difficult to predict public reaction to the, Draft
EIR. For the purposes of this proposal, it is assumed that public reaction to the document will be
typical and will include a maximum of 6 comment letters. In the event that the public comments
on the Draft EIR are greater than expected, HDR would meet with the City to develop
adjustments to the work program as necessary. In addition, this scope does not include revisions
to the Draft EIR text. Revisions to text will be addressed in a, "Corrections and Additions"
section of the Final EIR. Three copies, of the Administrative Final EIR will be submitted to the
City and Applicant for review. "
Upon incorporation of comments on the Administrative Final EIR, HDR will prepare the Final
EIR, Mitigation Monitoring Reporting' Program (MMRP), and CEQA Findings (with Statement
of Overriding Considerations, as necessary) for submittal to the CitY. These documents (Final
Em, MMRP, and CEQA Findings) will be presented at the City Planning' Commission and the
City Council meetings. HDR will submit 20 copies each of these documents to the City.
AflJENDA ITEM NO. ~rch I, 200S'
'" PAGE ) ~
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Sub-Task 2C: Mitigation Monitoring Reporting Program
As stated above, HDR will prepare a MMRP for submittal with the Final EIR. The MMRP will
contain a compilation of mitigation measures presented in. the E\R; These mitigation measures
and the established MMRP will be fully consistent with City policies and programs and will meet
the requirements of Section 21081.6(a) of the Public Resources Code. If requested, the MMRP
will be included in the Final EIR as a technical appendix..
Sub-Task 2D: CEQA Findings
As stated above, HDR will prepare requisite CEQA [mdings and ifrequired, a Statement of
Overriding Consideration, for presentation at the Planning Commission and City Council
meetings.
Task 3 - Attendance at Meetings, Public Meetings, and Hearings
This scope of work includes an allowance for a total of up to 2 meetings related to the Proposed
Project. This includes the following: one Planning Commission public hearing, and one City
Council public hearing. HDR will attend any additiomil requinid 'meetings beyond this
allowance, if requested, and will be invoiced in accordance with current fee schedules, following
receipt of written authorization to proceed. ''''''
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6.
~arch 1,2005
AcaENDA ITEM NO.
-'" PAGEAOF~
Schedule
,
HDR understands that time is of the ~essence 'and the CEQA enVlth'ronmental documents willlxi U.
prepared in an efficient manner, The 101l0wing schedule depicts e EIR preparation and review
process schedule and includes the major project CEQA milestones: .
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TASK
1: Project Initiation and Coordination
(assumption that all data will be provided by the Applicant to HDR
. by March, I~, 2005)
2: Em Preparation
2A: Draft Em
Prepare Screencheck Dmft EIR
City Review
Prepare Dmft EIR for distribution
, (includes distribution to ,the State Clearinghouse and other
public entities) , ' .
Draft EIR Public Review 'Period'
2B: Final EIRlPreparation of Response to Comments
Prepare Administmtive Final EIR
City Review
Prepare Final EIR
2C: Mitigation Monitoring and Reporting Plan
2D: CEQA Findings and Statement of Overriding Considerations
Submit Final EIR to City for Certification
3: Attendance at Meetings, Public Meetings and Hearings
a This review period is just an estimate. dependent on City of Lake Elsinore schedule.
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DURATION
2 Weeks,
4-6 weeks
4 days a
I week
45 days
2 weeks
4 days"
I week
I week
I week
4 days
Ongoing
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AlaENDA ITEM NO. ,
"" PAGEJ.1. OF.lL
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Cost Estimate
The following cost estimate has been prepared to outline costs to complete the above outlined
scope of work tasks. Reimbursable expenses, including travel and technology charges, etc. will
be invoiced in accordance. with HDR standard rate schedule., Document reproduction is an
estimate only and a detailed estimate will be obtained prior to document production. Costs are
based upon the HDR standard hourly rate sheet (attached).
TASK
COST
Task 1 - Project Initiation and Coordination
Subtotal Task 1
$5,127 .
Task 2- Em Preparation
Sub-Task 2A - Draft EIR
Sub-Task2B - Final ElRiResponse to Comments
Sub-Task 2C - Mitigation Monitoring and Reporting Program
Sub-Task 2D - CEQA Findings
Subtotal Task 2
$42,549
$16,457
,
$7,689
$8,105
$74,800
Task 3 - Meetings Attendance
Subtotal Task 3
$2160
$2,160
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Document Reproduction / Reimbursable.
Screencbeck Draft EIR (6),
Draft EIR (50) .
Administrative Final EIR (6)
Reprint of Draft EIR for Commission and Council (20)
Response to Comments I Final EIR, MMRP, Findings (20)
PostageIMailing
Reimbursables (ntileage, etc.)
Subtotal Reimbursables
'. $500
. $3,500
$350,
$1000
$800
$500
$500
$7,150
TOTAL Tasks 1, 2 and 3
$89,237
. Document printing costs can be eliminated if the Applicant prefers to use a direct bill reproduction account.
Should the need arise for additional professional services beyond those set 'forth in the scope of
services due to revisiOlis to the project: the regulatory environment, requirements exceeding our
specified budget allowances, HDR will only underiake such additional services upon receipt of
authorization by The City of Lake Elsinore.
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8 cr March 1,2005
AGENDA ITEM NO. lJ
'" PAGEK OF J.L
SHORT FORM AGREEMENT BETWEEN AGENCY
AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES
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THIS AGREEMENT is made as of this Istday of March 2005, between the CitY
of (Agency), with principal offices at 130'South Main Street, Lake Elsinore, CA, 92530;
and HDR ENGINEERING, INC., ("ENGINEER/PLANNER") a Nebraska corporation;
with principal offices at 8404 Indian Hills Drive, Omaha, Nebraska, ~81 14 for services it],
connection with the project known as the Lake ,Elsinore Square Subsequent Em,
("Project");
WHEREAS, AGENCY desires to engage ENGINEER/PLANNER to provide
professional engineering, consulting and related services ("Services") in connection with
the Project; and
WHEREAS, ENGINEER/PLANNER desires to render these Services as described in the
attached proposal, Scope of Seryices.,
NOW, THEREFORE, AGENCY and ENGlNEER/PLANNER in consideration of the
mutual covenants contained herein, agree as follows: "
SECTION I.
SCOPE OF SERVICES
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ENGINEER/PLANNER will provide Services (CEQA Compliance Documentation for
the project which consists of the Scope of Services as outlined in the attached proposal
dated March 1,2005.
SECTION II. TERMS AND CONDITIONS OF ENGINEERING SERVICES
The "HDR Engineering, Inc. Terms and Conditions for Professional Services," which are'
attached, are incorporated into this Agreement by this reference as if fully set forth
herein. '
SECTION m.
RESPONSIBILITIES OF AGENCY
The AGENCY shall provide the information set forth in paragraph 6 of the attached
"HDR Engineering, Inc. Terms and Conditions for Professional Services." ,
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M NO <6 March I, 2005
AQENOA HE. -
" PAGE~OF=.t( "
SECTION IV.
COMPENSATION
n Compensation for ENGINEER'SIPLANNER'S services under this Agreement shall be
on the basis of time and materials not to exceed $89,237.
Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in
connection with the Project for transportation travel, subconsultants, subcontractors,
computer usage, telephone, telex, shipping and express, and other incurred expense.
ENGINEER will add ten percent (10%) to invoices received by ENGINEER/PLANNER
from subconsuItants arid subcontractors to cover supervision, administrative, and
insurance expenses.
SECTION V.
PERIOD OF SERVICE
Upon receipt of written authorization to proceed, ENGINEER/PLANNER shall perform
the services described in the attached proposal within a reasonable period of time.
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Unless otherwise stated in this Agreement, the rates of compensation for
ENGINEER'SIPLANNER'S services have been agreed to in anticipation of the orderly
and continuous progress of the project through completion. If any specified dates for the
completion ofENGINEER'SIPLANNER'S services are exceeded through no fault of the
ENGINEER/PLANNER, the time for performance of those services shall be
automatically extended for a period which may be reasonably required for their
completion and all rates, measures and amounts of ENGINEER'SIPLANNER'S
compensation shall be equitably adjusted.
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SECTION VI.
SPECIAL PROVISIONS
"
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No special provisions have been incorporated into this agreement.
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<6 March 1,2005
AGENDA ITEM NO. I r/
PAGE.J.:J- OF ~
Authorization
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day U
and year first written above.
IV:l
"AGENCY" - City of Lake Elsinore .1
BY:
NAME:
TITLE:
ADDRESS: 130 South Main Street
Lake Elsinore, CA 92530
HDR ENGINEERING, INC.
"ENGINEERlPLANNER"
BY: f)d)t ~.
U
NAME:
David LeCureux
TITLE: Department Manager
ADDRESS: 9444 Farnham Street
Suite 300
San Diego, CA 92123
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11 <6 March 1,2005
AGENDA ITEM, ~9.
PAGE...L6.. OF JK...
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
MARCH 8, 2005
SUBJECT:
PURCHASING POLICY: PROCUREMENT OF
REPLACEMENT COPIERS UNDER CMAS
BACKGROUND
California Multiple Award Schedules (CMAS) promote the acquisition of
technology at GSA prices to allow state and local government agencies more
flexibility wi):h technology upgrades. Using CMAS for leasing replacement copiers
and technology purchases is permitted within the existing City purchasing policy,
though this item is presented as a qualifier for the use of CMAS.
DISCUSSION
(\ The availability of California Multiple Award Schedules (CMAS) pricing, which is
equivalent to GSA pricing, ensures state and local governments get the best price on
Information Technology products and services from the manufacturer and vendors
that serve the Public Sector. Since CMAS is not specifically addressed in the City's
purchasing policy, this action will act as a qualifier for technology purchases and
leases when CMAS is more advantageous to the City. CMAS, in effect, is a
surrogate for the formal bidding process for information technology procurement.
FISCAL IMPACT
None.
RECOMMENDATION
That the City Manager be authorized to utilize the CMAS pricing process in lieu of
the formal bid process for qualifying copier/information technology purchases
and/or leases when it is in the best interest of the City.
PREPARED BY: MARK DENNIS
INFORMATION/COMMUNICATIONS MANAGER
n APPROVED FOR
AGENDA BY:
CIT
AQENOA ITEM NO.-3--
PAGE-L OF \
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CITY OF LAKE ELSINORE
n REPORT TO CITY COUNCILIREDEVELOPMENT AGENCY
TO: HONORABLE MAYOR, MEMBERS OF THE CITY COUNCIL AND
REDEVELOPMENT AGENCY..
FROM: ROBERT A. BRADY, CITY MANAGER.
DATE: CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING OF MARCH 08,
2005.
SUBJECT: MITIGATED NEGATIVE DECLARATION NO. 2004-10, GENERAL PLAN
AMENDMENT NO. 2004-06, ZONE CHANGE .NO: 2004-07, TENTATIVE
CONDOMINIUM MAP NO. 32127; AND RESIDENTIAL DESIGN REVIEW NO.
2004-05, FOR THp "LAKEVIEW VILLAS".
APPLICANT
Scott Woodward
Woodward Interest
37541 Windsor Court
Murrieta, CA 92562.
(\ REOUEST
,.' .
Approval of Mitigated Negative Declaration No. 2004-10, General Plan Amendment No. 2004-06, Zone
Change No. 2004-07, Tentative Condominium Map No. 32127 and Residential Design Review No.
2004-05 for the design and construction of sixty-two (62) residential condominium buildings, which
would contain 155 condominium units and related improvements.- ' .
Review is pursuant to the City of Lake Elsinore General Plan, Section 16 "Subdivisions" of the Lake
ElsiilOre Municipal Code (LEMC) and Section(s) 66424 and 66427 ofthe California Subdivision Map
Act (CSMA); applicable Chapters of the Lake Elsinore Municipal Code, (LEMC), the California
Environmental Quality Act (CEQA) and the Multiple Species Habit~t Conservation Plan (MSHCP).
PROJECT DESCRIPTION
. Mitigated Negative Declaration No. 2004-10. The,City of Lake plsinore intends to adopt a
Mitigated Negative Declaration (MND) pursuant to the Guidelines established by the California
Environmental Quality Act (CEQA).
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. General Plan Amendment No. 2004-06. The applicant requests approval to amend the
General Plan Land Use Map by changing the land use designation ofthe proposed 27.9 net acre
site from V ciy Low Density (VLD) residential (Permitting.5 dwelling units/net acre maximum)
to Medium Density (MD) residential (Permitting 12 dwelling units/net acre maximum). The
AGENDA ITEM NO.
PAGE I
;2.\
OF_I ?-J..p
REPORT TO THE CITY COUNCIL AND REDEVELOPMENT AGENCY
MARCH 08, 2005
PAGE 2
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SUBJECT: 'MITIGATED NEGATIVE DECLARATION NO. 2004-10, GENERAL PLAN
AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE
CONDOMINIUM MAP NO. 32127, AND RESIDENTIAL DESIGN REVIEWNO. R
2004-05 FOR "THE LAKEVIEWVILLAS".
review and analysis of this General Plan Land Use Map 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).
. Zone Change No. 2004-07.: In order to maintain consistency with the proposed Genenll Plan
Amendment and to develop the site with the type of dwellings proposed, the applicant 'is also
requesting a Zone Change from (R-I) Single Family Residential to (R-2) Medium Density
Residential. The review and analysis of the requested Zone Change is pursuant to Goveinment
Code Section(s) 65350 through 65362 and Chapter 17.92 (Hearings) of the Lake Elsinore
Municipal Code (LEMC).
. Tentative Condominium Map No. 32127. The applicant is requesting approval of Tentative!
Condominium Map 32127 pursuant to Section 16 "Subdivisions" of the Lake Elsinore
Municipal Code (LEMC), Chapter 17.30 (Condominium and Condo Conversions): of the
LEMC, Chapter 17.24 (R-2, Medium Density Residential) ofthe LEMC and Section(s) 66424
and 66427 of the California Subdivision Map Act (CSMA). i U
. Residential Design Revie~ 'No. R 2004-05. 'The applicant is requesting Design R.eview
consideration for the construction of sixty-two (62) residential condominium buildings, which
"
would contain 155 condomiriium units. Review is pursuant to applicable Chapters in the Lake
Elsinore Municipal Code (LEMC). i'
BACKGROUND
::' ,
At'their regular meeting'ofFebruary 1,2005, the Planning Commission adopted Resolution No.2005-
06 recommending City Council adoption of Mitigated Negative Declaration No 2004-10; Resolution
No. 2005-07 recommending to the City Council approval of General Plan Amendment No. 2004-06;
Resolution No. 2005-08 recommending to the City Council approval of Zone Change 2004-07;
Resolution No. 2005-09 recomme~ding to the City Council approval of Tentative Condominium Map
32127; Resolution No. 2005-10 recommending to the City Council approval of Residential Design
Review R 2004-05; and Resolution No. 2005-12 recommending CitY Council adoption of Findings of
Consistency with the Multiple Species Habitat Conservation Plan (MSHCP) based the following
Findings, Exhibits "A" thru "Z" and t~e proposed "Revised" Conditions of Approval.
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AGENDA ITEM NO.
PAOE ~
:?-\
OF \ '3lP
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REPORT TO THE CITY COUNCIL AND REDEVELOPMENT AGENCY
MARCH 08, 2005
PAGE 3
SUBJECT: MITIGATED NEGATIVE DECLARATION NO. 2004-10, GENERAL PLAN
AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE
CONDOMINIUM MAP NO. 32127, AND RESIDENTIAL DESIGN REVIEW NO. R
2004-05 FOR "THE LAKEVIEW VILLAS".
DISCUSSION
The items of discussion generally concentrated around the following matters related to the Multiple
Species Habitat Conservation Plan (MSHCP):
. Condition of Approval No. 32;
. Conservation of onsite Riversidean Sage Scrub; and
. Mitigation of onsite Jurisdictional Waters
As is customary, the applicant was given opportunity to present his case to the Planning Commission, to
which the applicant contested Condition of Approval No. 32 which stated:
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32. Prior to the issuance of a Grading Permit, the applicant shall provide sufficient evidence to the
City that the property identified as Proposed'conservation area on Attachment No.9, has been
reserved as conservation '(by easement or by title transfer) pursuant to the requirements of the
Multiple Species Habitat Conservation Plan (MSHCP).
Essentially, the applicant argued that Condition of Approval No. 32 was inappropriate since the project
was consistent with the MSHCP. The applicant explained that since seventy-three percent (73%) of the
Cell 'would remain available for conservation no further negotiations were necessary regarding the
entitlements referenced herein. Moreover, the applicant also insisted that he should not be obligated by
the City to conserve his neighbor's prop'erty, since it was outside his control.
Following, Ed Sauls with Helix Environmental went on further to emphasize that either the project was
or was not consistent with the MSHCP. He noted that developm'ent 'of the Cell could proceed without
acquirement of the conservation area proposed under the Lake Elsinore Acquisition Process. He further
indicated that Mr. Zuckerman (owner of property under the proposed conservation area) had offered his
property for sale to the Riverside County Economic Development Agency and that agreements had been
submitted to the Regional Conservation Agency for purchase.
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In response the City Attorney had drafted the following conditions as a replacement to COA # 32:
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32. In accordance with the pending LEAP application a~dupon confirmation of the nature,
extent, and location, of onsite jurisdictional waters, avoidance mitigati~n measures or other
, feasible mitigation measures imposed by the City Council shall be agreed to and'complied
with by the applicant.
33. In accordance with the pending LEAP application, conservation of onsite Riversidean Sage
Scrub, or alternatively feasible mitigation measures imposed by the City Council, shall be
agreed to by the applicant in acreage amounts to be determined by the City Council.
ACENDA ITEM NO.
PACiE 3
;;L\
OF \ 17-P
REPORT TO THE CITY COUNCIL AND REDEVELOPMENT AGENCY
MARCH 08, 2005
PAGE 4
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SUBJECT: MITIGATED NEGATIVE DECLARATION NO. 2004-10, GENERAL PLAN
AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE
CONDOMINIUM MAP NO. 32127, AND RESIDENTIAL DESIGN REVIEW NO. R
2004-05 FOR "THE LAKEVIEW VILLAS".
Further, the City Attorney recommended that the Mitigation Monitoring CR 7 (MM CR 7) be modified
. ,-
by striking the last sentence which states:
:.
If the Applicant is required to provide for on-site or off site mitigation for impacts to Critical
Habitat or sensitive habitat required under State and/or federal regulations, thim the
Applicant's obligation for such MSHCP mitigation fees shall be credited for the costs to acquire
and preserve such on-site and/or off-site mitigation.
Equally, the City Attorney had reservations about the accuracy of the findings relative to Resolution
No.2005-12, which recommends that the City Council adopt findings of consistency with the MSHCP
in that the potential for jurisdictional waters, should be identified as .Riparian/Riverean Areas.
Particularly Section 6.1.2 of the MSHCP provides the following definition for Riparian/Riverine Areas;
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"RiparianlRiverine Areas are lands which contain Habitat dominated by trees, shrubs,
persistent emergents, or emergent mosses and lichens, which occur close to or which depend
upon soil moisture from nearby fresh water source; or ,areas with fresh water flow during all or a U
portion ofthe year.
, ..>,
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In response, staff received. the letter (see attached) dated Feb~ary 23, 2005 from the appli'cant's
consultant (Helix Environmental Planning Inc.) which provided the applic.ant's assessment "of the
Lakeview Villas project's consistency with the Western Riverside County Multiple Species Habitat
Conservation Plan (MSHCP). In reply, the applicant propos~ the following Conditions of Approval as
a replacement to the conditions drafted by the City Attorney:
32. hnpacts to 0.02 acreofunvegetated streambed considered jurisdictional Waters of the D.S:
Army Corps of Engineers (Corps) and jurisdictional waters of the state by the (alifornia
Department of Fish and Game, (Department) shall be mitigated through onco~ off-site
restoration of 0.02 acre of j~risdictional habitat, acquisition of mitigation credits, or other
measure as approved through ti)e Corps 404 and Department 1602 permitting process.
33. Impacts to upland habitat shall be mitigated consistent with the MSHCP through the
payment of the MSHCP Mitigation Fee of $1 ,651.00 per residential unit. The fee is to be
paid at the time of certificate of occupancy is issued or upon final inspection, whichever
occur first. . .
Of additional interest to tJ;le Commission were concern(s) related to the preservati~n of any potential
Indian Remains found on the site during grading activities. Staff reaffirmed that consultation with the
Pechanga Tribe was included in the Mitigation Monitoring and Reporting Program. '
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AOENDA ITEM NO. al
PACe LJ nr I 2V
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REPORT TO THE CITY COUNCIL AND REDEVELOPMENT AGENCY
MARCH 08, 2005
PAGES
SUBJECT: MITIGATED NEGATIVE.DECLARATION NO. 2004-10, GENERAL PLAN
AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE
CONDOMINIUM MAP NO. 32127, AND RESIDENTIAL DESIGN REVIEW NO. R
2004-05 FOR "THE LAKEVIEW VILLAS".
ENVIRONMENTAL
The proposed Mitigated Negative Declaration No: 2004-1 0 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 December 9, 2004 for the required
30 day review period, which ended January 9,2005. Agency Comment Letters and Response Letters
are attached.
RECOMMENDATION
It is recommended that the City Council adopt Mitigated Negative Declaration No. 2004-010; adopt
Resolution No. approving General Plan Anlendment No. 2004-06, adopt Ordinance No.-_
approving Zone Change No. 2004-07, approve Tentative Condominium Map No: 32127 and approve
Residential Design Review No. 2004-05 for the design and construction of sixty-two (62) residential
condominium buildings, which would contain 155 condominium units and related improvements based
the following Findings, Exhibits "A" thru "Z" and the proposed Conditions of Approval.
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Also, since the subject site is located\vithin Redevelopment Project Area No.2 Area "C", it is also
recommended thilt the Redevelopment Agency concur with the Council's action.
PREPARED BY:
Rolfe Preisendanz, Senior Planner
APPROVED FOR
AGENDA LISTING:
C
Attachments:
1.
'2.
3.
4.
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5. .
6.
7.
8.
Resolution No. approving General Plan Amendment No. 2004-06
Ordinance No. approving Change of Zone No. 2004-07
Minutes February 1,2005 Planning Commission Meeting
Staff Report, Resohitions and Conditions February I, 2005 Plannirig Commission
Meeting .
. - .. . .
Initial Study/Mitigated Negative DecIaration (SCH if20041 I 1053)
Mitigation Monitoring and Reporting Program (SCH # 20041 I 1053)
Letter prepared by Helix Environmental Planning Inc. dated February 23, 2005
Exhibits
ACENDA ITEM NO.
PACE '()
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RESOLUTION NO. 200-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE' ELSINORE, CALIFORNIA, MAKING AN
AMENDMENT TO THE LAKE 'ELSINORE GENERAL
PLAN LAND USE ELEMENT FOR THE FIRST CYCLE OF
THE CALENDAR YEAR 2005 FOR THE APPROVAL OF
GENERAL PLAN AMENDMENT NO. 2004-06 AMENDING
THE LAND USE DESIGNATION OF THE PARCELS
'SPECIFICALLY DESCRIBED' AS ASSESSOR PARCEL
NUMBER(S) 363-240-005 THRU 007, 363-240"010 THRU 015,
363-250-001 THRU 012, FROM' VERY' LOW DENSITY
(VLD)RESIDENTIAL TO' MEDIUM 'DENSITY (MD)
RESIDENTIAL.
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, WHEREAS, Scott Woodward, Woodward:Interests ,has initiated proceedings to amend
the General Plan Land Use Map by requesting a General Plan Amendment changing the
designation of the parcels known as Assessor Parcel Number(s) 363-240-005 thru 007,363-240-
010 thru 015, 363-250-001 thru 012 from Very Low Density (VLD) Residential to Medium
Density (MD) Residential; and .,
WHEREAS, Section 65361(a) of the Govemment Code provides that no mandatory,
element of a General Plan shall be amended more frequently than four times during any calepdar,
year;
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.'/ _ ,,' i
WHEREAS, the Planning Commission of the City of Lake, Elsinore at a regular meeting
held on February 1,2005 made its report upon the desirability of the proposed project and made
its recommendations in favor of said General Plan Amendment No, 2004-06 by adopting,
Planning Commission Resolution No, 2005-07 recommending to the City Council approv~l ,of,
General Plan Amendment No. 2004-06; and
. , , .
WHEREAS, public notice of said application has been given, and the City Council has
considered evidence presented by the Comm,unity Development Department and other inter~sted
parties at a public hearing held with respect to this item on Marcr 8,.2005; "
NOW THEREFORE, the City Council'of the City of Lake Elsinore DOES HEREBY
, ' ,
RESOLVE as follows:', .
; ; I ~
SECTION 1. The City C<?uncil has considered the proposed General Plan Amendment
No. 2004-06, prior to making a decision to approve, the proposed amendment to the Land Use
Plan. The City Council finds and determill~s that Mitigated Negative Declaration No. 2004-10 is
adequate and prepared in accordance with the requirements of the California Environmental
Quality Act (CEQA) which analyzes the environmental effects of the proposed project prior to
City Council certification, based upon the following findings and determinations: '
. " ,
" 'I
ACENDA 'TEM rv.
PACE (p
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RESOLUTION NO. 2004-
PAGE NO.2
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. 2004-06
have been made as follows:
I. 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 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 density. Staff, concluded,
based on the Traffic Impact Report, that the Level of Service for the intersections in the
Study Area will not be degraded as a result of this project considering the mitigations
identified and the improvements required.
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 Proposed General Plan Amendment will allow the applicant to develop the site with
the proposed density of 5.5 Dwelling Units/net acre and will in turn bring about a site
more compatible with the Condominium Project previously approved by the City
Council.
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 proposed General Plan Amendment would establish a density more in conformance
with the recently approved 144 unit condominium project to the west of the subject site.
Additionally, the proposed project site would be in close proximity of any necessary
services needed by persons residing in the proposed condominium community.
4. The proposed General Plan Amendment will not have a significant effect on the
environment.
The proposed General Plan 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 will not have a significant
effect.on the environment.
PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council
of the City of Lake Elsinore, California, that the City of Lake Elsinore General Plan Land Use
Map hereof be amended for the first time in calendar year 2005 to reflect General Plan
Amendment No. 2004-06.
ACENDA ITEM No.__~L.__'
PACE ., OF \'Z:JJ
RESOLUTION NO. 2005-
PAGE NO. 2
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vote:
PASSED, APPROVED AND ADOPTED this 8th day of March 2005, by the following
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ATTEST:
Vicki Lynne Kasad, City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, CityAttomey
City of Lake Elsinore
(SEAL)
. Robert Magee, Mayor
City of Lake Elsinore .
'" .
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ACENDA ITB..: >.}
PAGE '8" "
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE
CHANGE NO. 2004-07 CHANGING THE ZONING
DESIGNATION OF THE, PARCELS SPECIFICALLY
DESCRIBED AS ASSESSOR PARCEL NUMBER(S) 363-240-
OOS THRU 007, 363-240-010 THRU 015, 363-250-001 THRU
012 FROM R-l SINGLE FAMILY RESIDENTIAL
DiSTRICT TO R-2 MEDIUM DENSITY RESIDENTIAL
DISTRICT UNDER THE ZONING ORDINANCE ZONING
ORDINANCE
WHEREAS, Scott Woodward, Woodward Interests has initiated proceedings to change
the zoning designation of the subject parcels known as APN(s) 363-240-005 thru 007, 363-240-
010 thru 015,363-250-001 thru 012 from R-l Single Family Residential District to R-2 Medium
Density Residential District; and .
(\
WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting
held on February 1, 2005 made its reportupori the desirability ofthe proposed project and made
its recommendations in favor of said Zone Change, No. 2004-07 by adopting Planning
Commission Resolution No. 2005-08 recommending to the City Council approval of Zone
Change No. 2004-07; 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 March 08, 2005;
NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY
RESOLVE as follows:
SECTION 1. The City Council has considered the proposed Zone Change No. 2004-07,
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. 2004-10 is adequate and prepared in accordance with the requirements of the
California Environmental Quality Act (CEQA) which analyzes environmental effects of the
proposed project 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 Zone Change No. 2004-07 have been
made as follows:
("'.
ACENDA ITEM NO.
PACE q
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City Council Ordinance No. _
Page 2
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I. The proposed zone change will not 'De; 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 density. Staff, concluded, based on the
Traffic Impact Report, 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 amendment to the General
Plan Land Use Map and the corresponding Zone Change, allowing the development of
the subject condominium project is consistent with GOAL 1.0 of the General 'Plan
Housing Element, obligating the City to provide "decent housing opportunities 'and a U
satisfYing living environment for residents of Lake Elsinore ". ' . I
SECTION TWO: ZONING RECLASSIFICA nON
','
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This Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing,
reclassifying and rezoning the following described property, to wit:
"
. :~
APN(s) 363-240-005 thru 007, 363-240-010 thru 015, 363-
250~001 thru 012 from R-I Single Family Residential
District to R-2 Medium Density Residential District.
Approval is based on the following: '
,
I. 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 authonzed
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).
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ACENDA ITEM NO.' ;;:) \
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City Council Ordinance No._
Page 3 >
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 8th day of March,
2005, upon the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 8th day
of April, 2005, upon the following roll call vote: .
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Robert Magee, Mayor
City of Lake Elsinore
ATTEST:
Vicki Kasad, CityClerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
. .
City of Lake Elsinore
(SEAL)
ACENDA ITEM NO. .;11
PAGE--11-0F \?io
PAGE 2 - PLANNING COMMISSION MINUTES - Febmuy 1, 2005
to be changed to bru;uy 2nd from Febru;uy rh. She addressed comments made by Chainnan
LaPere and request larification.
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Conunissioner Larimer asked that the minutes
Conunission Meetings.
had a discussion with Mr. Maisel after Vice Chainnan ONeal had
He noted his concern with the inappropriateness of the letter Mr.
ad made. He further noted his concern with the fire safety
itrelates to the Water District and the Will.Serve Letter.
Chainnan LaPere explaine
spent about four hours with li
Maisel sent reflecting the efforts
issues in the Country Club Heights ar
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more accurately what was said at the Planning
Vice Chairman ONeal had no comment.
Conunissioner Gonzales had no comment.
Chairman LaPere stated that he had no further comments. .
MOVED BY O'NEAL, SECONDED BY GONZALES AND PASSED
WITH LARIMER CASTING THE OPPOSING VOTE TO APPROVE JANUARY
18,2005 PLANNING COMMISSION MEETING MINUTES AS AMENDE
PUBLIC HEARING ITEMS
2.
Mitigated Negative Declaration No. 2004-10. General Plan Amendment No. 2004-06.
Zone Change No. 2004-07. Tentative Condominium Map No. 32127; Residential
Design Review No. 2004-05. and Conditional Use Pennit No. 2004-14. for the
"Lakeview Villas".
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Chairman LaPere opened the Public Hearing at 6:18 pm.-
City Manager Brady gave an overview of the proposed project and requested that Senior Planner
Preisendanz review the item with the Conunission and answer any questions.
Senior Planner Preisendanz noted the project title of Lakeview Villas. He noted that the project
included 155 attached condominium units located east of 1-15 and south of the Railroad Canyon Rd.
/Grape St interchange. He noted the six applications submitted and provided a brief overview of,
each application. He noted that the project would result in significant environmental impacts and -
that the applicant was requesting certification of the attached mitigation monitoring program.
Senior Planner Preisendanz noted that project and all associated improvements exceeded the
requirements of the Lake Elsinore Municipal Code. He indicated that staff, the city attorney and ,.
environmental consultants have been working arduously to meet the requirements of the Multiple
Species Habitat Conservation Plan (MSHCP). He noted that this project was the first to make it 'i
through the Lake Elsinore Acquisition Process and to the Regional Conservation Authority for JOint
Agenda"",!, No. -.;I \
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PAGE 3 - PLANNING COMMISSlONMINUIES - Febru;uy 1,2005
Project Review. He further noted the support from the Regional Conservation Authority; however;;
it had not completed its formal process through the Joint Project Review. He indicated that
Condition No. 32 addresses the City's requirement that the applicant provide sufficient evidence to
the City for the conservation area identified. Senior PlannerPreisendanz noted that the applicant
was present and disagreed with Condition No..32.
Scott Woodward, Woodward Investments, 41391 Kahnia St., Munieta. Noted his most recent
project was Sycamore Creek at Indian Truck Trail off I~15, He further noted a pending application
for a project at Lake St. & 1-15, known as The ViIlage that needed to be annexed by the City. He
noted that the project before the Commission waS on ~8 acres and included several applications. He
presented a PowerPoint Presentation to the Commission detailing the project.
. . .. , . .
Mr. Woodward noted that 1/1 00'" of an acre wouldbe considered jurisdictional and they may be
required to go under the Army Corp. 404 Permit under a nationwide application. He noted the . .
positive relationship he had with staff as it related to the project. He addressed Condition No. 32 .
and stated that they were in compliance with the, MSHCP, He noted that the cell criteria was 70% -
80% of the total cell to be conserved and 20% -.30% to be developed. He further noted that the
location of the conservation area was required to be in the northern portion which would put the. .
development in the southemportion of the area. He noted that the conservation would consist of
73% under the plan which wouldJeave 117 acres outside of the development to be conserved under
MSHCP. He noted the LEAPS application submitted to the ReA. He stated.that they did not agree
with the requirement to go offsite and purchase property to comply.with MSHCP. He noted that
their obligation to the City was to meet the cell criteria and pay the necessaty fees. He stated that his
company had met with the City Attorney and they are at an impasse; however it was his intention to .
wOlk something out relative to the condition, and thanked the Commission for their time.
. . .. .
.,- ,-.
Ed Sauls, Conservation Management, Inc., 742 Summit Dr., Laguna Beach. He stated his.position
as an expert on the Multi Species Plan and explained his background with the MSHCP. He noted
that Condition No. 32 was inappropriate. He state.d that there were n() requirements in the MSHCP
which obligate Mr. Woodward's project to conserVehis neighbor's proper1y. He further stated that
the project was consistent ,with the MSHCP as stated by staff and the ReA, although no formal
written approval had been completed by the ReA. He indicated that there was no reason to delay
the project while waititig for the formal Joint Project Review. He noted that the adjacent property
owner requested that the City or the RCA purchase his property.and was in negotiations regarding
the purchase price. He further noted that the property owner was supportive of the project and the
related issues. He asked that Condition No. 32 be removed and the project approved.
, .
Chairman LaPere confirmed that the applicant agJ:"eed with the staff report and remaining
conditions, other than Condition No. 32.
Agenda Item No. ~I
Page !2-. of J2Lt
PAGE 4 - PLANNING COMMISSION MINUIES - Februaty 1, 2005
COMMISSIONER COMMENTS
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Vice Chairman ONeal requested clarification as to the traffic impact on the Grape St/Railroad
Canyon Rd interchange. Engineering Manager Seumalostated that the impacts were mitigated
through the conditions. Vice Chairman ONeal requested that Deputy City Attorney Miles interpret
Condition No. 32.
Commissioner Larimer.asked Engineering Manager Seumalo about traffic and what was happenipg
in 2025. Engineering Manager Seumalo stated that 2025 was the build out for the interchange at'
Railroad Canyon Rd . He provided an overview of the improvements scheduled for the area. [I
Commissioner Larimer asked why it took 20 years to do improvements. Engineering Manager '
Seumalo provided an overview of the process and the time table for the proposed improvements.
He indicated that the City had completed the fIrSt stage of the improvements when the requirements
changed; therefore the City lost 18 months of time spent on the improv~ment project. He further
indicated that 2025 was the date of the projected traffic volumes, as per Cal-Trans, and the I .
. improvements would be built to accommodate the traffic for that date. '
, ;,
Commissioner Larimer requested clarification for the letter written regardIDgthe Indian remains.!
Mr. Woodward stated that it was a standard routine letter sent throughout the afea influenced by the
Pechanga Tribe. Senior Planner Preisendanz stated that Pechanga always cOmllented on mitigation
monitoring programs. There was discussion regarding the process for no~ification when artifacts',
were discovered, and the tribal monitor. ' . '. ,
Wendy Worthy, lIDR Environmental Consultants, provided an explanation of the process to
include comments from Pechanga arid the tribal monitor's position in the development projects. .
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Vice Chairman ONeal noted a tribal burial ground near Canyon Hills. ' .
Commissioner Gonzales stated that Grape St. was a dangerous spot due to the limited visibility.
Engineering Manager Seumalo noted that the topic was discussed and would be addressed .
Commissioner Gonzales requested clarification as to the seCurity of the gated community. Senior:
Planner Preisendanz noted that die topography provided some security and the gate was for vehicle
traffic. He acknowledged that although the back of the site was not monitored, the police and fti~
departments would assist in providing adequate security. Commissioner Gonzales addressed weed
abatement and the HONs responsibility to maintain the area. He confirmed that the HOA would
be formed priorto first occupancy. ,. '. '. . . "
Mr. Woodward stated that legal formation of the HOA took place upon closing of escrow. He ':
explained that the Department of Real Estate required the HOA fees to be paid by the homeowners
of the first phase with an additional a requirement to have a property management company in
place. He noted that the developer holds three seats on the HOA Board and the other two seats are
held by members of the community.
Agenda Item No. a \ U
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PAGE 5 - PLANNING COMMISSION MINUfES ~Februaiy 1, 2005
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Commissioner LaPere addressed page 8 of 111 and 9 of 111 regarding affordable housing
requirements. Mr. Woodward indicated that the homes in the project were not in the moderate or
affordable price range. Chainnan LaPere clarified that the average cost of the homes was between
$250,000 and $350,000. He further asked how in-lieu fees were calculated
City Manager Brady explained the Inclusionat}' Housing Ordinance for the Redevelopment Agency
and how the fees were calculated He explained that the intent of the affordable housing clause was
to close the gap in affordability, not necessarily to provide the units at a reduced rate.
ChainnanLaPere clarified the cost per unit and the amount the developer would pay on the 15% of
fees in lieu of building affordable housing. City Manager Brady noted that the fee was based on the
total square footage of the project. Chainnan LaPereaddressed page 11 of 111 regarding compact
parking. He noted that the project was beautiful and very well laid out.
DEPUTY CITY AITORNEY COMMENTS
(1
Deputy City Attorney Miles provided a background of the project. He noted that the property had
been known as the Zuckerman property, which was entirely an MSHCP cell. When the property
was sold to Mr. Woodward it became a challenge for the City to maintain consistency and
compliance with the MSHCP.. He indicated that the most developable portion of the cell was sold
to Mr. Woodward which left the remaining area for conservation. He stated that the two steps to
the analysis are that the Commission wants to ensure compliance with the criteria area with respect
to the project; the second is that the Commission needed to ensure compliance with the MSHCP's
conservation goals. He noted the need to look at.the cell and analyze the end result of the project
without Condition No. 32, which would result in zero acres of conservation. He further noted the
possibility of an assurance that the remainder ptopertywould go through an acquisition process;
however the entitlement within the.cell being requested for approval drafted without Condition No.
32 would result in zero acres of conservation in the cell.
He stated that Condition No. 32 was drafted largely by the RCA after much discussion, and it
became clear that in concept it would not work. He noted that after meeting with the applicant and .
the ReA, the City decided to use an MSHCP fee credit to be used to specifically acquire a portion of
the Zuckerman property in the cell in order to assure that there would be definite conservation
inside the cell.
Deputy City Attorney Miles noted that it was the decision of the Planning Commission to send the
project to the City Council; however he had additional conditions of approval for the record and a .
modification to the Mitigated Negative Declaration.
Senior Planner Preisendanz indicated that the applicant was not aware of the additional conditions
proposed. He stated that the additional Condition No. 31 would read: <<In aanrriaru:ewiJh the cum:nt
LEAP prrXE55, awiI.ItJrKe miJigatim measures and other 5uitaJie miJigatim measures 5hdl be agrml to by the .
applicant UJXn final determinalim of exi5tingjurisdictimal 'lmter5 5ubjea to Gty Council appruwl>> and New
(1
Agenda hem No. bl.. \
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PAGE 6 - PLANNING COMMISSIONMINUfES ~ February 1, 2005
Condition No. 32 would read, "In aaurchncewith the curimt LEAP proa:ss, ansermtim ofonsite Riwrsidean
Sage Scrub shall k awmi to by the applicant in l1CI'f'11{ff! am:xJI1ts to k detennina/ by the City CounciL " -,
Deputy City Anorney Miles-clarified that there were 21.3 acres of Riversidean Sage Scrub on the.-
project site as well as 0.01 acres of potential jurisdictional waters. He referred to page 34 of the .1
Mitigated Negative Declaration that described the jurisdictional area. He advised the City to include
a Condition of Approval which would address what mitigation may be required under 404 --
processes, 1602 processes, and Riverean Riparian processes under the MSHCP. He noted that the
first condition of approval was a place saver measure that would allow mitigation upon - .
determination of the extent of jurisdictional water on site. He further noted that the second
condition allows review of the project while there is no mitigation. He recommended striking the
last sentence from the mitigation measure as, "If the applicant is required to provide on-site or off-
site mitigation for impacts to critical habitat or sensitive habitat required under state, union, or
federal regulations, and the applicants obligation for such MSHCP mitigation fees shall be credited
for the cost to acquire and preserve such onsite and! or offsite mitigation." He noted the
uncertainty as to the right the City had to grant fee credits: He noted recent RCA policy efforts to
approve fee credit considerations where if the City granted an unauthorized fee credit, the City
would be responsible to make up the difference.
,
~'. .
Deputy City Attorney Miles addressed comments made by Mr. Sauls. He noted that under the
MSHCP, the verbal ok from the RCA was not relevant. He further noted that the Joint Project
Review process initiated a timing problem because that process allowed the RCA to formally . ':
comment on the Commissions determination. He indicated that the County had control over the
MSHCP Board and that he hoped that Ms. Lowe would work with the City. He addressed Mr.
Saul's comment regarding the Zuckerman acquisition process under way. He noted that under the
MSHCP any acquisition of the Zuckerman property would go through the City's LEAP process, so
there was no conceptual acquisition for the remainder of that cell. He indicated that the project 'o/as
going forward for entitlement with a density increase, and there was zero acreage to be conserved
He further indicated that the City would inherit Mr. Zuckerman and his acquisition efforts. He
further noted that this could be ok, however he wanted to minimize having to tell the "second
property ownerto the well" that they hadno options. He noted that staff worked with the applicant
to come up with an alternative that would apply their MSHCP fees to acquisition in the cell and that
was difficult due to coordination with the RCA. He agreed that Condition No. 32 was not the :
appropriate condition to go with, because was unrealistic. He noted that he offered two altemaiive .
conditions of approval and offered to answer any questions. . t
Ed Sauls thanked the Deputy City Anorney>Eor his input. He stated that in order for a project to be
acquired, it must go through the LEAPS process. He noted that there were other processes to allow
for acquisition. He suggested that the project move forward to City Council for consideration and
continue to work out the differences. He noted that the City had the authority to make the
interpretation of the MSHCP, and RCA advised the City; therefore the City could move the proj~ct
forward without the Joint Project Review. He noted that the verbal support came from Senior,
Planner Preisendanz reflecting his discussion with the RCA staff. He stated that he would like the
opportunity to work Out the differences with staff.
Agenda lIe1p,No. ~I
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PAGE 7 - PlANNING COMMISSION MINUTES - Februaty 1, 2005
Scott Woodward noted that only 400 square feet of the property was considered jurisdictional water
while the overall project exceeded a million square feet. He noted that his consultant contacted the
Army Corp. of Engineers to inspect the site for jurisdictional waters. He further noted that if the
Corp. deemed it jurisdictional, they would comply with their requirements. He indicated that the
applicant agreed to mitigation measures to be determined by City Councilrelated to the Sage Scrub.
He noted that the habitat on the site is disturbed and there was no occupation, therefore nothing on
the Endangered Species List,required preservation unless it occupied the area, and the property was
not occupied. He stated that he did not agree to Deputy City Miles' second comment relating to
further mitigation pertaining to fees and on-site conservation.
Chairman LaPere requested clarification as to ownership of the property.
Deputy City Attorney Miles stated that Mr. Woodward owned 27 acres. '
Chairman LaPere asked how the MSHCP requirements related to each celland setting aside of the
conservation area.
Deputy City Attorney Miles indicated that the quantitative criteria conservation requirement is 70% _
80%, so the conservation goals for that cell have been met. He further indicated that the difference
in opinion was that there is no assurance that 73% had been conserved, '
Chairman LaPere stated that the owner of the remaining portion of the cell could conserve. '
.'. ,
Deputy City Attorney Miles concurred, however the struggle came from Mr. Woodward not looking
at the site versus the cell. ,The various govemmentagencies can utilize their traditional land use and
police powers to require mitigation rather than automatically go to acquisition.
Chairman LaPere clarified that if Mr. Zuckerman provided written assufance'ofhis awareness that
he ~annot develop his property due to the MSHCP, the developers could go forward withtherr
project.
Deputy City Attorney Miles noted that if control of the conveyance of the Zuckerman property was
in place with an enforceable agreement, there would be no impediment 'to the development going
forward ' ,. .
Chairman LaPerestated that conservation area in the project was close to 80%.
Deputy City Attorney Miles con~ed that the remainder portion of the property in the cell could
not be developed as it would be required for conservation in accordance with the cell criteria.
Chairman LaPere recessed the Planning Commission Meeting at 7:47 pm for five minutes and
reconvened at 7:54 pm. '
Agenda Item No, Q \
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PAGE 8 - PLANNING COMMISSION MINUfES - Febmuy 1, 2005
Chairman LaPere asked if it would be appropriate to ask the applicant for a document to assure that
the remaining property in the cell would be dedicated to habitat.
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Mr. Woodward stated that the applicant should not be burdened with the agreement. He reiterated
that the cell criteria had been met and the conservation area was described He indicated that Mi.
Zuckerman had submitted a letter to the City regarding his desire to sell the property. He further
stated that it was the City's responsibility to contact Mr. Zuckerman about this matter, not the ,.
applicants.
Chairman LaPere clarified that the new conditions, No. 31 and 32, written by Deputy City Attorney
Miles would replace Condition No. 32. ' , i'
Deputy City Attorney Miles concurred
Chairman LaPere asked the applicant if he understood new Condition 3' and 32,
Mr. Woodward agreed with Condition No. 31; however he objected to new Condition No. 32 an,d '
referred to Mr. Sauls for the explanatiori.
Mr. Sauls referred to the MSHCP, HANSprocess.' He noted that the project was either consistertt
or inconsistent. He further noted that staff was in agreement that the project was consistent with
the MSHCP. He noted the City's desire to add inappropriate conditions, and when staff was inl
agreement that the project was consistent with the MSHCP. He read from HANS process to c1ariJy U
that the development of the property in the cell could proceed without acquirement., He- further "
clarified thatMr: Zuckerman understood that his property was to be conserved under MSHCP. Mr.
Sauls stated that he had submitted a proposed purchase agreement to staff and the City Attomey:for' ,-
acquisition of the Zuckerman property. He indicated that Mr. Zuckerman had offered his propehy
for sale to the Riverside County Economic Development Agency and the agreements had been
submitted to the Regional Conservation Agency for purchase of the property. He noted that putting
a condition on the project that addressed the adjacent property was inappropriate.
Deputy City Attorney Miles stated that in the event that the property was owned by one property'
owner, dedication would be required for conservation. He indicated that the City could consider
future problems arising from the fact that there was no developable portion of the cell remaining:
He further noted that to assure some conservation, a condition needed to be in place to at least '
allow for consideration of habitat conservation on site. He stated that the location of the 400 square
feet of conservation was yet to be determined. He further noted that payment of the MSHCP fee, is
not the "beginning and end" of mitigation for project specificinipacts.
Chairman LaPere requested clarification of new Condition No. 32.
Deputy City Attorney Miles explained that the new condition served as a place-saver whereby th~
City Council could determine that, if mitigation was needed, a certain amount of mitigation would
be required of the project. Condition No. 31 addressed mitigation for potential impacts to
Agenda Item No, ol.\ U.
Page lK- of -13iP
PAGE 9 - PLANNING COMMISSION MINUTES - Februaty 1, 2005
("'1
jurisdictional waters and Condition No. 32 addressed mitigation for potential impacts to Riversidean .
Sage Scrub. He noted that it would allow the applicant to go forward to City Council.
Vice Chairman ONeal clarified that the project could move forward with two exceptions to be
worked out prior to taking it to City Council..
Mr. Sauls stated that the 26 acres was mitigated by the MSHCP fee payment. He further noted that
there was no further obligation to consider the 26 acres.
Chairman LaPere stated that in order for the project to move forward, the applicant and the City
Attorney needed to work out their differences pertaining to new Condition No.'s 31 andJ2.
Mr. Woodward concurred with Chairman LaPere and noted his con~erns with new Condition No.
32 as stated by Mr. Sauls. He further noted his support in alternatives being brought forward,
consideration, and the progress.being made with regards to an agreement
COMMISSIONER COMMENTS
n
Vice Chairman ONeal stated his support for the project and the funds at stake for the applicant;
however he noted his allegiance with Deputy City Attorney Miles' advice. He noted that he
supported moving the project forward to City Council using the new conditions and resolving the
issues prior to the City Council meeting. He stated that itwas a fair compromise and if the issues
could not be resolved the project would not go the Cit y Council for consideration. He stated that it
was a great project and the applicant deserved to move forward
Commissioner Larimer noted her concerns for pushing the project through. She indicated that the
Commission should be dealing with the issues prior to the City Council, because they have enough
to deal with.
Chairman LaPere clarified that the motion was to recommend approval to the City Council provided
that the issues with new Condition No.'s 31 and 32 were resolved, and if those issues were not
resolved, the project would not go to City Council.
Commissioner Larimer stated that the focus had been on the MSHCP, but not the concerns of real
citizens who do not care about the MSHCP; the citizen's care more about traffic and the Indians
care about human remains. She stated that there was a lot of jargon going on and that the City
Attorney said a lot of good things and the applicant said a lot of good things, but that she made
decisions for herself. . She stated that this stuff was not clear. She stated that the Commission
needed to take everything that had been said, think about it, do research and come to a conclusion.
She stated that there were two different opinions ang she did not know the applicant; they were all
adults that needed to make their own decisions. She stated that moving the project forward was not
the best thing and that she needed two more weeks to think about it.
n
Agenda Item No. a \
Page 19- of --\2lp
PAGE 10 - PLANNING COMMISSION MlNUIES - Febru;uy 1, 2005
Cit Manager Brady noted his understanding of Connnissioner Larimer's concerns and concurred' U
with the complexity of the project. He noted the time spent by staff and the applicant. He indicated
that the only issue not in agreement was the new Condition No. 32. He further indicated that ,
questions addressing the wne change or the general'plan amendment could be brought forward,ii
however there were no requests to address the Planning Connnission submitted by any residents;:
He stated that staff had worked to resolve all issues prior to bringing the project before the
Connnission and the only issue remaining was the MSHCP.
Connnissioner Larimer concurred with City Manager Brady regarding the work done by staff on the
project. She noted that she got the agenda on Friday and was expected to make a decision by
Tuesday. She further noted that staff had the project for a year and expected her to make a wise i
decision, but it was not enough time for her. She stated that maybe she agreed with the applicant
and maybe' she agreed with the attorney, but she did not know. She asked why she did not have two
weeks to review the project, but only a weekend. She did not agree with pushing things along, arid
what would two weeks hurt? She stated that she may be out voted but at least she had her say. . .'
MOVED BY O'NEAL, SECONDED BY GONZALES AND PASSED WITH BY A VOTE
OF 3-1 WITH LARIMER CASTING THE OPPOSING VOTE THAT THE PLANNING
COMMISSION OF THE CITY OF LAKE ELSINORE, CAUFORNIA, RECOMMEND
TO THE CIty COUNCIL OF THE CITY OF LAKE ELSINORE, CAUFORNIA,
APPROVAL OF MITIGATED NEGATIVE DECLARATION NO. 2004-10, GENERAL
PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE
CONDOMINIUM MAP NO. 32127; RESIDENTIAL DESIGN REVIEW NO. 2004-05;1 U
AND CONDITIONAL USE PERMIT NO. 2004-14, FOR THE "LAKEVIEW VILLAS";
REMOVING CONDITION NO. 32 AND ADDING NEW CONDITION NO.'S 31 AND
32.
There being no further business, Chainnan LaPere closed the Public Hearing at 8:18 pm.
City Manager Brady indiCated that there were a number of Resolutions before the Commission
which would include any modifications to the Conditions.
MOVED BY O'NEAL, SECONDED BY GONZALES AND PASSED BY A
VOTE OF 3-1 WITH LARIMER CASTING THE OPPOSING VOTE TO
ADOPT RESOLUTION NO. 2005-6, A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE,
CAUFORNIA, RECOMMENDING TO THE CITY COUNCIL
ADOPTION OF MITIGATED NEGATIVE DECLARATION 2004-10 FOR
THE PROJECT KNOWN AS GENERAL PLAN AMENDMENT NO. 2004-
06; ZONE CHANGE 2004-07; TENTATIVE CONDOMIMIUM MAP NO.
32127; RESIDENTIAL DESIGN REVIEW NO. 2004-05; AND.
CONDITIONAL USE PERMIT NO. 2004-14 LOCATED WITHIN
ASSESSOR PARCEL NUMBER(S) 363-240-005 THRU 007, 363-240-010
THRU 015, and 363-250-001 THRU 012.
Agenda Item No. . a\ U
Page aD- of .....\.2>IJ
PAGE 11 - PLANNING COMMISSION MINUIES - FebruaI}' 1; 2005
(\
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MOVED BY O'NEAL, SECONDED BY GONZALES AND PA5SEDBYA
VOTE OF 3-1 WIlli IARIMER CASTING THE OPPOSING VOTE TO .
ADOPT RESOLuTION NO. 2005-7, 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. 2004-06 AMENDING THE LAND USE
DESIGNATION OF THE. PARCELS IDENTIFIED AS ASSESSOR
PARCEL NUMBER(S) 363-240-005 THRU 007, 363-240-010 THRU 015, 363-
250-001 lliRU 012, FROM VERY LOW DENSITY (VLD) RESIDENTIAL
TO MEDIUM DENSITY (MD) RESIDENTIAL
MOVED BY O'NEAL, SECONDED BY GONZALES AND PASSED BY A
VOTE OF 3-1 WIlli LARIMER CASTING THE OPPOSING VOTE TO
ADOPT RESOLUTION NO. 2005-8, A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE APPROVAL OF ZONE CHANGE NO. 2004-
07 CHANGING THE ZONING DESIGNATION OF THE PARCEL(S)
SPECIFICALLY DESCRIBED AS ASSESSOR PARCEL NUMBER(S) 363-
240-005lliRU 007, 363-240-010 THRU 015, 363-250-001 THRU 012 FROM R-
1 SINGLE FAMILY RESIDENTIAL -DISTRICT TO R-2 MEDIUM
DENSITY RESIDENTIAL DISTRICT UNDER THE ZONING
ORDINANCE.
MOVED BY GONZALES, SECONDED BY O'NEAL AND PASSED BY A
VOTE OF 3-1 WITH LARIMER CASTING THE OPPOSING VOTE TO
ADOPT RESOLUTION NO. 2005-9, A RESOLUTION OF THE
PLANNING COMMISSION OF lliE CITY OF LAKE ELSINORE,
CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF
TENTATIVE CONDOMINIUM MAP NO. 32127 FOR mE "LAKEVIEW
VILLAS" LOCATED ON THE EAST SIDE OF GRAPE STREET AND
SOUTH OF THE RAILROAD CANYON ROAD/GRAPE STREET
INTERSECTION, ASSESSOR PARCEL NUMBER (S) 363-240-005 THRU
007,363-240-010 THRU 015, 363-250-001 THRU 012.
MOVED BY GONZALES, SECONDED BY O'NEAL AND PASSED BY A
VOTE OF 3-1 WITH LARIMER CASTING THE OPPOSING VOTE TO
ADOPT RESOLUTION NO. 2005-10, A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF
RESIDENTIAL DESIGN REVIEW NO. 2004-05 FOR THE DESIGN,
CONSTRUCTION AND ESTABLISHMENT OF THE "LAKEVIEW
n
Agenda hem No. ~
Page .a.L of ~
PAGE 12 - PLANNING COMMISSION MINtJIES 7 Februaty 1, 2005
VILIAS" LOCATED ON THE EAST SIDE OF GRAPE STREET AND
SOUlH OF. THE . RAILROAD CANYON ROAD/GRAPE STREET
INTERSECTION, ASSESSOR PARCEL NUMBER(S) 363-240-005 THRU
007,363-240-010 THRU 015,363-250-001 THRU OU.
u
MOVED BY GONZALES, SECONDED BY O'NEAL AND PASSED BY A
VOTE OF 3-1 WITH LARIMER CASTING THE OPPOSING varE TO
ADOPT RESOLUTION NO. 2005-11, A RESOLUTION OF THE
PlANNING COMMISSION OF THE CITY OF LAKE ELSINORE,
CAUFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2004-14
FOR THE ESTABUSHMENT OF THE "LAKEVIEW VILlAS",
LOCATED ON THE EAST SIDE OF GRAPE STREET AND SOUlH OF
THE RAILROAD CANYON ROAD/GRAPE STREET INTERSECTION,
ASSESSOR PARCEL NUMBER(S) 363-240-005 THRU 007, 363-240-010
THRU 015, 363-250-001 THRU 012.
MOVED BY GONZALES, SECONDED BY O'NEAL AND PASSED BY A
VOTE OF 3-1 WITH LARIMER CASTING THE OPPOSING varE TO
ADOPT RESOLUTION NO. 2005-12, A RESOLUTION OF THE
PlANNING COMMISSION OF THE CITY OF LAKE ELSINORE,
.CAUFORNIA, RECOMMENDING TO THE CITY COUNCIL
ADOPTION OF FINDINGS OF CONSISTENCY WITH THE
MULTIPLE SPECIES HABITAT CONSERVATION PlAN (MSHCP)
CONTAINED WITHIN LEAP NO. 2005-01 FOR THE PROJECT
KNOWN AS "LAKEVIEW VILLAS".
u
3.
Tentative Parcel Map No. 31901
LaPere opened the Public Hearing at 8:24 pm.
"
. Gty Manager . requested Associate Planner Cowy review the project with the Connnission and
answer any questions.
rief overview of the proposed project and the location.
Gordon Duncan, D & D Cattle 31566 Cyn. Rd Canyon Lake, stated that he read and
agreed with the staff report and Conditions of A
Age Item No. ;;t \ U
Page~of~
COMMISSIONER COMMENTS
Vice Chairman ONeal concurred with staff's recommendation on the pro
n
n
n
OtyclLake Elsinore
Pi"nn;ng Division
J30S.MaiJ.Stteet
taR ElsDo~ CA '1530
('JO'J}674-Jl14
(909}4n-l<tt9w
PLANNING COMMISSION
STAFFREPORT '
I I
DATE:
TO:
FROM:
PREPARED BY:
PROJECT TITLE:
APPLICANT:
PROJECT REQUESTS
Tuesday, February 1, 2005
Chairman and Members of the Planning Commission
. Robert A Brady, City Manager
Rolfe Preisendanz, Senior Planner
. ,
Mitigated Negative Declaration No. 2004-10, General Plan
Amendment No. 2004-06, Zone Change No. 2004-07, Tentative
Condominium Map No. 32127; Residential Design Review No. 2004-
05, and COnditional Use Permit No. 2004-14, for the "Lakeview
Villas".' .
Scott Woodward, Woodward Interest, 37541 Windsor Court,
Murrieta, CA 92562.
. General Plan Amendment No. 2004-06. The applicant requests approval to amend
the General Plan Land Use Map by changing the land use designation of the proposed
27.9 net acre site from Very Low Density (VLD) residential (permitting .5 dwelling
units/net acre maximum) to Medium Density (MD) residential (permitting 12 dwelling
units/net acre maximum). The review and analysis of this General Plan Land Use Map.
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).
. Zone Change No. 2004-07. In order to maintain consistency with the proposed
General Plan Amendment and to develop the site with the type of dwellings proposed,
the applicant is also requesting a Zone Change from (R-1) Single Family Residential to
(R-2) Medium Density Residential. The review and analysis of the requested Zone
Change is pursuant to Government COde Section(s) 65350 through 65362 and Chapter
17.92 (Hearings) of the Lake Elsinore Municipal Code (LEMC). .
. AGENDA ITEM NO. .;l\
'PAGE ~?:. OF\6\p
PLANNING COMMISSION STAFF REPORT
FEBRUARY 1, 2005
Page 2 of 22 U
PROJECT TITLE: GENERAL PLAN AMENDMENT NO. 2004.06, ZONE
CHANGE NO. 2004.07, TENTATIVE CONDOMINIUM .
MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO. \
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND: ,
MITIGATED NEGATIVE DECLARATION NO. 2004-10 ,!
FOR THE "LAKEVIEWVILLAS".
. II
. Tentative Condominium Map No. 32127. The applicant is requesting approval of
Tentative Condominium Map 32127 pursuant to Section 16 "Subdivisions" of the Lake
Elsinore Municipal Code (LEMC), Chapter 17.30 (Condominium and Condo
Conversions) of the LEMC, Chapter 17.24 (R-2, Medium Density Residential) of the
LEMC and Section(s) 66424 and 66427 of the California Subdivision MapAct (CSMA).
. Residential Design Review No. R 2004-05. The applicant is requesting Design
Review consideration for the construction of sixty-two (62) residential condominium
buildings, which would contain 155 condominium units. Review is. pursuant, to
applicable Chapters in the Lake Elsinore Municipal Code (LEMC).
. Conditional Use Permit No. CUP 2004-14. The applicant is requesting the approval
of a conditional use permit to allow for the establishment of 155 individually owned
attached condominium town homes which will join in an underlying common area
pursuant to Chapter 17.30 (Condominium and Condo Conversions) of the Lake U
Elsinore MunicipalCode (LEMC) and Chapter 17.74 (Conditional Use Permits) of the
LEMC. .:i
. Mitigated Negative Declaration No. 2004-10. The City of Lake Elsinore intends to
adopt a Mitigated Negative Declaration (MND) pursuant to the Guidelines established
by the California Environmental Quality Act (CEQA).
BACKGROUND
The proposed project was submitted to the Planning Division on March 31,2004. Pursuant to the
Permit Streamlining Act, staff deemed the application submittal fackage incomplete on April 30,
2004 with design comments. On May 14'" and again on May 18 2004 the applicant resubmitted
revised plans addressing a rriajority of the design comments identified Subsequently, staff
continued its review of the project. On June 16, 2004 staff deemed the application yet incomplete,
advising the applicant that the application is a "project" as identified by the Califorilla
Environmental Quality Act (CEQA), requiring the studies needed to prepare the Environmental
Assessment and subsequent environmental documents.
Ensuing, on. August 2,.2004, staff provided additional design comments, requesting neeqed
information necessary to provide an effective and efficient review of the project. On November 8,
2004 and in compliance with the appropriate City policy, staff received a .proposal from HDR
Engineering for the preparation of the California Environmental Quality Act (CEQA) compliance U
documentation services (Initial StudylMitigated Negative Declaration). Subsequently, .the City
P:\Lakeview Villas\PC Staff Report.doc
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PLANNING COMMISSION STAFF REPORT
FEBRUARY 1, 2005
Page 3 of 22
PROJECT TITLE: GENERAL PLAN AMENDMENT NO. 2004-06, ZONE
CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM
MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO.
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DECLARATION NO. 2004-10
FOR TIIE "LAKEVIEWVILLAS".
Council approved the contract with HDR, to which a Notice of Intent to adopt a Mitigated
Negative Declaration was circulated to the State Clearing House and advertised for the required 30
Day review period in the local newspaper. Concurrently, staff had also provided a Notice of Public
Hearing for the JanuaI)' 18, 2005 Planning Commission Meeting.
Albeit, staff found it necessary to the continue the project to the February 1, 2005 Planning
Commission in order to properly respond to comment letters received from outside agencies, as well
as providing closure to the requirements of the Multiple Species Conservation Habitat Plan
(MSHCP) Joint Project Review (JPR), which was submitted to the Regional Conservation Authority
(RCA) on January 19, 2005.
PROJECT LOCATION
n
The proposed project is located east of Interstate 15 and soudi of Railroad Canyon Road, and north
of Malaga Road The site consists of approximately 27.9 acres. The site has been highly disturbed
and is characterized by low lying hills that slope from the northeast to the southwest.
ENVIRONMENTAL SETTING
Vacant
Very Low Density (0.5
DU/1 Acre Maximum
Very Low Density (0.5
DU/1 Acre Maximum
Coun 0 Riverside
Very Low Density (0.5
. DU/1 Acre Maximum
Medium Density
Residential (12 DU/1
Acre Maximum
South
East
Custom Estate Homes
Vacant
West
Condominium Project
PROJECT DESCRlPTION(S)
GENERAL PLAN AMENDMENT NO. 2004-06
(\
The applicant requests approval to amend the General Plan Land Use Map with the ultimate
intention of establishing 62 buildings, which would contain a total of a 155 condominium units. The
P:\Lakeview Villas\PC StaffReport.doc
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""-DA REM NO..
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PAGE_~60F- .
PLANNING COMMISSION STAFF REPORT
FEBRUARY 1,2005
Page 40CfT22T TL G PLA D T 0 Z U
PROlE I E: " ENERAL N AMEN MEN N .2004-06, ONE
CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM
MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO. .
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DECLARATION NO. 2004-10
FOR lHE "LAKEVIEWVILLAS".
resulting proposed density would be 5.55 condominium units/acre. Although the empirical.density
calculation falls.in the range of the Low Medium Density, the requested Medium Density land'use
designation would allow for the type of single-family residences proposed (i.e. attached singl~family
condominium dwelling units). ..
ZONE GlANGE 2004-07
Correspondingly and 'consistent with the proposed General Plan Amendment (referenced abo~e),
the applicant is also requesting a change in the Zoning district for the proposed property from (R-1)
. Single-Family Residential to (R.2) Medium Density Residential, allowing for the development of, an
attached multi-family condominium project pursuant to the applicable chapters of the Lake Elsinore
Municipal Code (LEMC).
TENTATIVE CONDOMINIUM MAP 32127
The applicant requests approval to establish a proposed residential condominium community, U
known as the "Lakeview Villas". Generally, condominium projects are defmed as "subdivisi~ns"
pursuant to Section 66424 of the California Subdivision Map Act (CSMA). Consequently, this
project requires both, Planning Commission and City Council consideration pursuant to '.the
requirements of Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC).
The parameter of Parcell of Tentative Parcel Map No. 32127 "For O:rubninium PurpJses" ,
encompasses lot(s) 5, 6, 7, 8 & 10-17 of the Elsinure Lakeuiew Estates Unit No.1 and will incorporate
a vacation of a portion of Sunrise Drive, Lakeview Drive, Canyon Drive; Ramona Place and Teriace
Place. An emergency access easement connecting to Tentative Condominium Map No .31532 is
also shown and will be dedicated under a separate document. ..,
Th~ proposed condominium concept would allow the applicant to be able offer individual dwelling
units for sale within the building structures as defmed by the. Tentative Parcel Map 32127 'fFor
CauIuninium PurpJses", while sharingcoInmon interesi, ownership and maintenance responsibilities
within, the common areas. The common areas would include, but are not limited to a
pool/recreation area, a Detention BasinlRecreation Activity Area, Green Recycling Area, common
area slopes, landscape areas, barbecue/picnic areas, common walls and fences, aisle-ways, pavement,
parking areas, minor accessoty structures such as monument signs, mail boxes, landscaped areas,
pool shade structure and onsite underground and aboveground utility infrastructure improvem~nts
necessaty to service and support the residential community. . ,
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AGENDA rTEM NO.
PACE -:AU>
2\ 'I
OF \~LP
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PLANNING COMMISSION STAFF REPORT
FEBRUARY 1, 2005
Page 5 of 22
PROJECT TITLE: GENERAL PLAN AMENDMENT NO. 2004-06, ZONE
CHANGE NO. 2004-07,TENTA TIVE CONDOMINIUM
MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO.
2004-05, CONDITIONAL USE PERMIT NO. 2004.14 AND
MITIGATED NEGATIVE DECLARATION NO. 2004-10
FOR THE "LAKEVIEWVILLAS".
RESIDENTIAL DESIGN REVIEW NO. R 2004-05
SiJEJg
The proposed project entails the development of approximately 27.9 acres of vacant land into sixty-
two (62) individual buildings, containing a total of 155 condominium units. The condominium units
would consist of four (4) different floor plans, ranging in size from 1,176 square feet to 1, 763
square feet in size. The buildings will also consist of various types of two-story buildings with
varying colors and architectural designs. The total building footprint area will cover approximately
132,806 square -feet or eleven per cent (11 'Yo) of the total site. The total driveway and open space
patking area will encompass 169,862 square feet or fourteen per cent (14%) of the site. The
community will provide a total of 72,750 square feet of private open space as defined by the LEMC.
Alternatively, the project will also-provide (including the pooVrecniation area; park area and three
(3) passive open space areas) 39,640 square feet of Common Open Space. -
n The buildings will be located on the terraced pads ascending easterly above. the Grape Street
elevation and the previously approved condoininium project located along Grape Street. The first
cluster of Building(s) (Buildings 48-53). are located approximately sevenry-eight feet (78') above
Grape Street elevation. Generally, the buildings have been designed in a clustered pattern and have
been assembled around the various private drives and cul-de-sacs. The slopes created by way of the
site development, range between approximately eighteen feet (18') and ninety feet (90') in vertical
height and will generally encompass the proposed building pad sites. The project will, as a general
rule, adapt to the existing topography of the area, thereby complementing the visual integrity of the
existing. hillside as well as providing the residence an excellent view of the lake.. Finally, the slopes
will be graded to maximum slope of 2:1.
The primary access point for the condominium community will be afforded off of Grape Street via
Sunrise Street. A secondary emergency access has also been provided towards the northwest end of
the project site and will allow emergency vehicular access through the previously approved
condominium project to west. The primary entrance to the community will be gated and will lead to .
a through circulation of privately owned streets, maintained by the Home Owner's Association. The
private Recreation/Pool Center will be located at the primary entrance of the site, providing unique
identification with the community as well as an enhanced entry feature. .
Finally, the applicant will also provide two (2) water tanlts 32 feet tall and 60 feet wide, containing
approximately 250, 000 gallons of water. These water tanlts would be located approximately 300
feet east of the project site at an elevation of 1,712 feet above sea level. The hillsides to the north
and the slope immediately to the southeast block the majority of the views to the water tanlts from
the north, east and southwest. Additionally, in order to reduce the impact of arty potential views,
(\
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_NOAnEM NO.
PAGE Cj.7
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PLANNING COMMISSION STAFF REPORT
FEBRUARY 1, 2005
Page 6 of 22 U
PROJECT TITLE: GENERAL PLAN AMENDMENT NO. 2004-06, ZONE
CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM
MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO. ,
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DECLARATION NO. 2004-10
FOR THE "LAKEVIEWVILLAS".
the tanks shall be painted a color to blend into the foreground with vegetation planted around':the
tanks to obscure any direct views. The tanks will be located to the east of the project within an
easement boundaty as shown on the Tentative Condominium Map. The easement will be
transferred to Elsinore Valley Municipal Water District (EVMWD) for ownership and maintenance
once the water tanks are constructed An access road has been provided to the water tank site.Jor
maintenance. Maintenance of the access road and tank site will be the responsibility of the Els~ore
Valley Municipal Water District (EVMWD). A Green Waste Recycling Area also in the vicinity of
the tank site will be provided as well and will be maintained by the Horne Owner's Association
(HOA). '
CiroJatim and Parkin? Space La)uut
Ii
Through circulation to the. site will be made available by way of Sunrise Street located off of Grape
Street. Sunrise Street will'ultimately proceed to a private drive beginning at the boundaty line of.the
community and then meander throughout the site providing safe circulation to the private dwelling
units within the community. The private drives will be twenty four feet (24) in width and will allow U
for two (2) way circulation. ' The circulation design has been reviewed and approved by Riverside
County Fire Department as indicated in the attached Conditions of Approval and will assist in
creating a clustered approach to the design of the community. The private driveway off of Sunrise
Street will lead to a rapidenuy privacy gate. The enuy gate will be located beyond a rum around
and will allow full rum movements back onto Sunrise Street. The garage entrances for the buildings ,
will face and take access off the proposed private drives.
As required by Chapter 17.66 of the LEMC, the proposed project will require a total of 361 covered
and open parking spaces (2.33 spaces x 155). The applicant will provide 310 covered spaces (within
enclosed attached garages) and 51 open parking spaces. No compact spaces are being proposed
The open parking spaces will be located within the common area proposed for the condominium
project. .
Landscaping
, "
The applicant is proposing to develop the site with 912,656 square feet of landscaping or seventy-
five percent (75%) of the total site area. The slope,areas created by the development will genefally
encompass the perimeter of the site and will create a terraced affect. Landscaped 2:1 slopes will
provide an opportunity for a generous amount of landscaped screening for the project, while
enhancing the architectural design of the buildings. The, plant material for the site will include
FestUca (lawn), Acacia Redolens, Indian Hawthorn, Fortnight lily, Daylily, Dwarf Lily of the Nile,
:Myoporum parvifolium, Eastern Redbud, Southern Magnolia, Chinese Flame Tree, London Plane U
Tree, and California Pepper.
, P:\Lakeview Villas \PC Staff Repon.doc
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AGENDA ITEM NO. a \
PAGE~LOF ,\~
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PLANNING COMMISSION STAFF REPORT
FEBRUARY 1, 2005
Page 7 of 22
PROJECT TITLE: GENERAL PLAN AMENDMENT NO. 2004-06, ZONE
CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM
MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO.
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DECLARATION NO. 2004-10
FOR THE "rAKEVIEWVILLAS".
The plant palate chosen, has evolved from successes and failures experienced from the landscaping
installed at the commercial center to the north. The result is that the plant palate chosen will be
more conducive to the local climate. The BBQ/Picnic areas will be provided with "turf" and
additional shade trees shown on the plant palate. The buildings will generally be situated .on
landscaped islands consisting of assorted ground cover, shrubs and trees. The meandering sidewalks
at ,the entrances to the condominium units will be arrayed with turf, ground cover and various
shrubs and trees. The private yards will remain un-landscaped to allow each owner the opportunity
to create his or her own private yard area . "
A rchite::ture
The applicant is proposing four (4) different plans with a variable offour (4) building types (A, B, C,
and D). Further, the applicant is also proposing three (3) distinct architectural styles for each of the
plans proposed The proposed architectural designs of the' condominiums can generally be
identified as Spanish, Craftsman and! or Monterey' style. Collectively, the applicant wilIincorponite
architectural details conducive to each style of architecture de~ign proposed herein. These
architectural enhancements will include; arched openings ,at the front entries, recessed arched
windows at strategic locations within the building wall plane, arched foam pop out window trims,
pitched tile roof elements, clay pipe attic v,ents, corbeUed ~ out lookers", decorative window
treatments, decorative iron wOlk, craftsman style wIndows, wrought iron details and recessed arched
garage door openings. The garage doors themselves will be segmented paneled roll up doors. The
windows proposed will be vinyl coated divided lites. The applicant is also proposing wood deck
balconies for specific dwelling units.
Cblnr and Materials
. !'
",' .
As indicated above, the applicant i~proposing four. diverse plans (plan 1,2,?, and 4) augmenredby
three (3) assorted architectural styles. Each architectural design has been assigned a unique color
palate based on the architectural style 'If the hOples.
CONDITIONAL USE PERMIT NO. 2003-08
,. ,. .
Pursuant to the Chapter 17.30 Section 17.30.020 (permits Required) of .the Lake Elsinore
Municipal Code (LEMq, the applicant is requesting a Conditional Use Permit for the establishment
of the subject condominium project. As allowed in the LEMC the Planning Commission is
empowered to grant and to deny applications for Conditional Use Permits and to impose reasonable
("'1 conditions upon the granting of Conditional Use Permits.
P:\Lakeview Villas\PC Staff Report.doc
AGENDA ITEM NO.
PAGE 'jo,
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OF \3~
-'-.
PLANNING COMMISSION STAFF REPORT
FEBRUARY 1, 2005
Page 8 of 22
PROJECT TITLE:
J" '
, GENERAL PIAN AMENDMENT NO. 2004-06, ZONE
CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM
MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO.
2004~05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DECLARATION NO. 2004-10
FOR THE "LAKEVIEW VILLAS".
u
ANALYSIS
r
GENERAL PLAN AMENDMENT NO. 2004-06 ami ZONE CHANGE 2004-07
"
In revieWing the requested land use map amendment and wne change, staff analyzed potential
implications of the proposed amendment as it related to both the Housing Element and. the
Circulation Element of the General Plan. Specifically, staff identified local housing problems and
needs and the potential of resulting traffic issues related to an increase in the housing stock; In
conjunction with the mandates of the General Plan, staff was concerned with any potential impacts'
that would be detrimental to the health, safety, comfort or general welfare of the persons residing or
worlring within the neighborhood of the proposed amendment or within the City. Based on,this
analysis, staff has concluded that the requested amendment to the General Plan Land Use Map'and
the corresponding Zone Change, allowing the development of the subject condominium proje,ct is
consistent with GOAL 1.0 of the General Plan Housing Element, obligating the City to proYide
"decent housing opportunities and ,a satisfYing living environment for residents of Lake Elsinore" U
and that the traffic impacts related to these requests are moderate (LOS "D") considering; (1) the
potential Interchange Design contained in Project Study Report (2025), (2) the appropriate
mitigations and (3) Conditions of Approval. "
In deliberation of this request, staff considered the proximity of this project to the Elsinore City
Center Specific Plan, approved by the Lake Elsinore City Council on September 8, 1992 and. the
subsequent City Council approvals of Amendment No. 1 to the Elsinore City Center Specific Plan
(91-1) and City Council approval of Residential Design RevieW 2003-08 and 2003-15 for a tocil of
144 unit condominium community. Consequently, staff reasoned that this 'General Plan '
Amendment offers excellent opportunities to establish additional needed housing in the area. '
Further, pursuant to the Traffic Impact Analysis prepared by Urban Crossroads on October 7, ~004
for the Lakeview Villas, the incOlporation of the Proposed General Plan, the 2025 improvem!"nts
and CAL lRANS Project' Study Report (PSR) dated September 5, 2003, will ultimately reduce' the
Level of Service (LOS) from "E" or "F" to LOS "D" or better. 'Further as indicated in"the
Mitigation Monitoring Report (See Attached) and further solidified in the Conditions of Appro,val,
the applicant would be required to pay their "fair share" costs or other fee collection programS as
wen. According to the Traffic Impact Analysis the Proposed Project's fair share contributions have
been calculated for post '2025 proposed General Plan improvement measures and is based on" the ,
proportion of the project AWPM peak hour traffic. ,,'
Additionally, the applicant shall enter into an agreement ~ith the Redevelopment Agency of the City ,
of Lake Elsinore to provide 15% of the units in the project as affordable housing units in U
accordance with the requirements of Section 33413(b) of the California Community Redevelopment '
P:\Lakeview Villas \PC Staff Report.doc
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AGENDA ITEM NO.- ,
PAGE 3Q OF \ ~ .-:
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PlANNING COMMISSION STAFF REPORT.
FEBRUARY 1, 2005
Page 9 of22
PROJECT TITLE: . GENERAL PlAN AMENDMENT NO. 2004-06, ZONE
CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM
MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO.
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DEClARATION NO. 2004-10
FOR lHE "lAKEVIEWVILlAS".
Law or ;m alternative, equivalent action which may include (without limitation) dedication of vacant
l;md, construction of affordable units on another site, 'or payment of an in lieu fee calculated to
provide sufficient funds, to underwrite the long-term .affordability of an equivalent number of
affordable dwelling units constructed or substantially rehabilitated on other sites within the City's
redevelopment project areas. ' . .
In SUl1l1lIa1)',the proposed General Plan Amendment and Zone Change will not be detrimental to .
health, safety and welfare of the persons residing or woxking within the neighborhood of the
proposed amendment or within the City.
TENTA TIVE CONIXJMINlUM MAP 32127
primaty concerns dealing with condominium projects are the establishment of appropriate
mechanisms to ensure the successful and consistent aesthetic appearance of residential complexes.
Moreover, the establishment of unniistakable rules and boundaries or,covenants, conditions, and
restrictions (CC&R's) for ownership, interest, and maintenance responsibilities of common areas as
well as individual areas within the units sold will be required The establishment of the CC&R\
corroboratillg each of these elements, will be recorded against the project as a condition of approval.
Additionally, a homeowner's association (HOA) must be established prior to the sale of the frrst unit
sold. The HOA will be empowered to administer and enforce the various elements of the CC&R's.
To accomplish this, homeowner's associations in most cases will establish monthly fees that cover
aspects such as landscape maintenance, parking lot maintenance (utility infrastructure
improvements). Likewise architectural design committees are often established to guarantee
consistent design improvement within complexes. . Additionally, Staff has added a condition of
approval to address this matter. Correspondingly; pursuant to Section 17.30.040 (Documents
Required) of the LEMC,' staff has added a condition of approval which will require that. a
homeowner's association be established prior to the sale of the first dwelling unit. .
Exhibit "D~ illustrates the COndominium Plan for all common areas and individual units. The plan
submitted has been found acceptable by staff. '. The CC&R's will contain language considered'
necessary to address more specific ownership, interest, and maintenance responsibilities.
RESIDENTIAL DESIGN REVIEW NO. R 2004-05
Sili!Jg
The proposed site plan meets or exceeds the requirements of Chapter 17.14 (Residential
Development Standards) of the Lake Elsinore Municipal COde (LEMC), Chapter 17.24 (R-2,
Medium Density Residential District) of the LEMC and Chapter 17.66 (Parking
P: \Lakeview Villas \PC Staff Report.doc
AGENDA ITEM NO.
p~31
.;2\
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OF~
PLANNING COMMISSION STAFF REPORT'
FEBRUARY 1,2005
Page 10 of 22
PROJECT TITLE:
Ii.
" GENERAL PlAN AMENDMENT NO. 2004-06, ZONE
CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM
MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO. ,
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DEClARATION NO. 2004-10
FOR THE "lAKEVlEWVlLlAS"..
u
Requirements) of the LEMC. Pursuant to and incompliance with Chapter 17.14 (Residential
Development Standards) of the LEMC, which encourages that building orientation and setb,!,cks
be varied, the applicant has varied the orientation of the buildings in order to maximize the scenic
vistas to the Lake" as well as considering the, privacy of each condominium unit within!i the
community. Additionally, the applicant has exceeded the requirement contained in Chapter 17.24
(R-2, Medium Density Residential District) of the LEMC, in that the applicant is proposing
eleven percent (11%) building coverage instead of the allowed 50% coverage as defined in Chapter
17.02 (Definitions). Further, the applicant has also met the parking requirements encountered in
Chapter 17.66 (Parking Requirements) of the LEMC, in that the applicant has provided the
correct number of parking spaces required by this Chapter. -
Noise
According to the Preliminaty Noise Study prepared byUrban Crossroads on September 7, 2004;'the
primary noise impact to the project site would be generated by the noise from the 1-15 and G~pe
Street traffic. Since the City of Lake Elsinore's'General Plan threshold for residential exterior n~ise ' U
is 65 dBA CNEL, a six foot (6') high noise barrier would be required to mitigate the exterior noise
levels within the appropriate range. In compliance, buildings 1 through 5, 33 through 36;.40
through 60 and the pool/recreation area would require appropriate noise barriers.
IJyjfK
The traffic study entitled Elsinure Lakeuiew Vdlas ResidmtiaJ Deuloprmt Traf/ir 111'1JW:f. Analysis prepared
by Urban Crossroads, Inc. on OCtober 7, 2004 evaluated the 'proposed Lakeview Village project
from a circulation standpoint. The study objectives of the traffic analysis included: (1)
documentation of existing traffic conditions in the vicinity of the site; (2) evaluation of the traffic
conditions for interim Year without and with the' proposed project; (3) evaluation of traffic
conditions for post 2025; and (4) detennination of on-site and off-site improvements and system
management actions needed to achieve City of Lake Elsinore level of service requirements Under
both "Existing" plus~Near Term" and post 2025 conditions. ' .
Foremost, the Traffic Impact Analysis, referenced herein, found that the Level of Service (LOS)
with the proposed project would operate at "E"or "F" without the proposed improvements
anticipated by the City. Consequently, the Mitigated Negative Declaration Mitigation Monitoring
Report Program identified a number of improvements necessary to improve the Level of Servise to
"D" and reduce traffic impacts to less than significant levels.
u
P:\Lakeview Villas \PC Staff Report.doc
AGENDA ITEM NO.
PAGE 3~
.'J2,\
OF ...J?>~
n
PlANNING COMMISSION STAFF REPORT
FEBRUARY 1, 2005
Page 11 of 22
PROJECT TITLE: GENERAL PlAN AMENDMENT NO. 2004-06, ZONE
CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM
MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO.
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
. MITIGATED NEGATIVE DEClARATION NO. 2004.10
FOR THE "LAKEVIEWVILLAS".
Grrulatim and Parleimz StJaa! Layout
The 'circulation and parking space layout meets the requirements set forth in Chapter 17.66
(parking Requirements) of the Lake Elsinore Municipal Code (LEMC) which states:
For Studio and one lWrrxln units: one (I) aJa!I1Xi SjJdiE, plus tlJ:Q-thirds (2/3) open SjJdiE per ~ wit.
Far tuo ar rrvre lxrbrxms: one (I) aJa!I1Xi spaa;, plus one and ane quaTter (1-1/4) open SjJdiE per dmiJing
unit.
Subsequently, the applicant has provided 310 covered spaces and 51 open standard parking spaces.
No <<compact spaces", are being proposed as a part of this application. All parking has been
designed to provide complet~ and thorough circulation. The applicant has provided 24'.0" two-way
drive isles throughout the site which exceeds the required 20'-0" requirement. Staff has determined
that the circulation will present adequate turning radii and turnarounds for emergency and trash and
delivery vehicles. .
n
Priu:tte Open SptKe
The applicant has exceeded the open space requirement set forth in Chapter 17.24 (R-2, Medium
Density Residential District/Open Space) of the LEMC in that each of the condominium units
proposed are larger than 600 square feet of floor area and that the applicant is proposing a range of
private open space 3,552 to 17,640 square feet' of private open space area for each plan in the form
of a private yard and! or a balcony.
A rchite:ture
The architectuTal design of the proposed buildings meets the requirements set forth within Chapier
17.14 (Residential Development Standards) of the LEMC in that the architectUre of the buildings
has been designed to enhance their inunediate surroundings. Additionally th~ applicant has
provided a variety of building design and form such as staggering planes along the exterior walls,
which will create light and shadow.
0JI0r and Materials
The color and materials proposed for this project meets the requirements set forth within Chapter
17.14 (Residential Development Standards) of the LEMC in that the colors and materials
proposed will create a sensitive alteration of colors and materials; producing diversity and enhancing
the architectural effects. . )
n
P:\Lakeview Villas\PC Staff Report.doc
AGENDA ITEM NO.
DAl':!; '53 .
a.\
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PLANNING COMMISSION STAFF REPORT
FEBRUARY 1, 2005
Page 12 of 22
PROJECT TITLE:
GENERAL PLAN AMENDMENT NO. 2004-06, ZONE
CHANGE NO: 2004-07, TENTATIVE CONDOMINIUM
MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO. "
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DECLARATION NO. 2004-10
FOR THE "LAKEVIEWVILLAS".
u
CONDITIONAL USE PERMIT NO. 2004-14
In compliance with Chapter 17.30 (Condominimns and Condominium Conversions) ofiithe
LEMC the applicant has filed a request for a Conditional Use Pennit. TIlls request for a conditional
use pennit is consistent with the fIndings and requirements set forth in Chapter 17.74 (Conditi~nal
Use Permits) of theLEMC which states ,that: ' '
1he City rr:aIizes that certain uses har.e operatimal charaaeristU:s that, dep?mIing U{X>>1 the locatimand
design of the use, may har.e the potential /1J mgatiuiy imp:ut adjoining ptrJfKI1ies, businesses, or resUknts.
Said uses thenfUre require a 17IlRF amprehensire reviiw and appruu:d prrm:Jure, indJuiing the ability /1J
cmJiJim the projrt, in order /1J miJigaJe any detrirrmtaJ i111fklCt. In order /1J adJier:e'this, the P~
Grrmissim is'~ to grtlJ'lt and /1J deny appIUatims far CnnditimaJ Use Perrni1s and /1J impJse
rmsanabIeWl'lliitims U{X>>1grantingofCnnditimaJ Use Permits: " " -.
Considering the potential ramification to the general health, safety, comfort, or general welfare of
the community, as admonished, staff has paid particular attention to specifIc technicalities related to U
the development of the proposed use. These details included traffIc impacts, local street circulation,
internal vehicular and pedestrian circulation, landscape buffering, private' common area amenities
(i.e. swimming pool, Jacuzzi, tot lots and picnic areas), architectural compatibility and reI.ited
development standards.
, ~ '
Further, pursuant to Section 17.30.040 of the LEMC, the applicant has been conditioned to co~vey
the common open spaces to a homeowner's association (HOA). In compliance, the applicantihas
submitted a declaration of covenants, conditions, and restrictions (CC&R's), to be reviewed by",the
City Attorney and approved by the Community Development Director, which will govem::the
association. Correspondingly, the applicant has ,been conditioned to establish said homeowner's
association prior to the sale of the fii-st dwelling unit. '
"~I
MULTIPLE SPECIES HABITAT CONSERVATION PLAN
According to the Multi-Species Habitat Conservation Plan (MSHCP); the project site is located
within the Elsinore Area Plan. TIlls Area Plan, the County's RCIP Website (see
http://www.rcip.ofl?:/maDs.htm). and the (MSHCl') Conservation Sunnnaty Report Generlttor
Sheet for the Assessor Parcel Numbers (APN), identifIed on Attachment #1 (see,
http://rcip.orWPDFlib/rcip/apn search.asp) show that the proposed project is located ~
Subunit 4, Proposed Linkage.8 and comprises a pomonof Independent Cell No. 4745 of"the
Elsinore Area Plan and is subject to the City's Lake Elsinmr?'s Acquisitim Prrxess (LEAP). Further,
proposed Linkage 8 is a major component of one of the two main east-west connections betWeen
Core Areas in the Lake Matthews/Estelle Mountain, Alberhill and Cleveland National Forest in, the
U
P:\Lakeview Villas \PC Staff Report.doc
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. AGENDA ITEM NO. Ot \
PAGE~':l_OF~
(1
PLANNING COMMISSION STAFF REPORT
FEBRUARY 1, 2005
Page 13 of 22
PROJECT TITLE: ' ,GENERAL PLAN AMENDMENT NO. 2004-06, ZONE
CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM
; MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO.
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DECLARATION NO. 2004-10
FOR THE "LAKEVIEWVILLAS".
western pomon of the MSHG' Plan. In compliance with the MSHG', the City evaluated the
following: ,
. Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools
. Guidelines
. Protection of Narrow Endemic Plant Species Guidelines
. Additional survey Needs Requirements
. UrbanIWildlands Interface Guidelines
. Vegetation Mapping
. Fuels Management Guidelines
n
In conclusion,' staff fmds that the proj~ct footprint as proposed' does not preclude the
implementation of the MSHG'. Nonetheless, the City would require assurances relative to the
preservation of the conservation area proposed As a result the folloWing Condition of Approval
will be required:
Prior to the issuance of a Grading Permit, the applicant shall,provide sufficient
evidence to the City that the property identified as proposed conservation area on
Attachment No.9, has been reserved as conservation (by easement or by title
transfer) pursuant to the requirements of the Multiple Species Habitat Conservation
Plan (MSHCP). '
ENVIRONMENTAL
The proposed Mitigated Negative Declaration No. 2004-10 has been prepared pursuant to Article 6
(Negative Declaration Process) and Section 15070 (Decision to Prepare a Negative or
Mitigated Negative Declaration) of the CalijUmia Errui:rmmntal 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 Calijinnia Errui:rmmntal Quality Act (CEQA), the intended
Mitigated Negative Declaration was submined to the State C1earintftouse on December 9,2004 for the
required 30 day review period, which ended Januaty 9, 2005., Agency Comment Letters and
Response Leners are anached
RECOMMENDATIONS
n
It is recommended that the Planning Commission adopt Resolution No. 2005---.: recommending
City Council adoption of Mitigated Negative Declaration No 2004-10; Resolution No. 2005-_
P:\Lakeview Villas \PC Staff Report.doc
AGENDA ITEM NO. ;;2.1
PAGE 35: OF \~
PLANNING COMMISSION STAFF REPORT
FEBRUARY 1, 2005
Page 14 of 22 U
PROJECt TITLE: GENERAL PLAN AMENDMENT NO. 2004-06, ZONE
CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM
MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO.
2004-05, CONDITIONAL USE PERMIT NO. 1004-14 AND
MITIGATED NEGATIVE DECLARATION NO. 2004-10
FOR THE "LAKEVIEWVILLAS".
recommending to the' City Council approval of General Plan Amendment No. 2004-06; Resolution,
No. 2005-_ recommending to the City Council approval of Zone Change 2004-07; Resolution
No. 1005-_ recommending to the City Council approval of Tentative Condominiwn Map 32127;
Resolution No. 2005-_ recommending to the City Council approval of Residential Design Review
R 2004-05; Resolution No. 2005- _ approving Conditional Use Permit No. 2004-14; and
Resolution No. 2005-_ recommending City Council adoption of Findings of Consistency with ,the
Multiple Species Habitat Conservation Plan (MSHCP) based the following Findings, Exhibits "A"
thru "Z" and the proposed Conditions of Approval. ,
FINDINGS-MITIGATED NEGATIVE DECLARATION
1. Revisions in the project plans or proposals made by or agreed to by the applicant befOl;e a
proposed mitigated negative declaration and initial study are released for public review wquld
avoid the effects or mitigate the effects,to a point where clearly no significant effects would
occur, and,
The applirant has made revisiws tJJ the projrt ar has agrmi tJJ sptrifit: arviitims 'lJhii:h mxJd awid the U
iffias armitigate the iffias of the projrt 10 a pointukre no sWUfi=zt iffias mxJd oa:ur.
2. 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.
~ 10 the evidma! rrniurl in the liFPt of the 7ihle nrard presental tJJ staff the prujed wiD not hare a
sir;zi/imnt e/Joct an the enviro7m:nt crnsidering the applimh/e Cmditims of AjJfJIUWl and Mifiw1tim
Manitoring ReJxm Prugram.
FINDINGS -GENERAL PLAN AMENDMENT
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 profXJ5<<i General Plan A11V7Cbmt has been analymi re/atiu; tJJ its potRnliality 10 be rletrimntd tJ? the
hedth, safety, amfrt ami wdfare of the persons residing ar WTking wiJhin the neigfJlxnIxxxJ of the pri1JxmJ
~ The primary issue idmtifUd. by staff relates 10 the tra/fr imJxuts of the profXJ5<<i densiry. Staff,
cmchuJnl, basal an the Tra/fr lrnJw:t Report, that the LeuJ of Service fUr the interseaims in the Study
Area wiD not be dwaded as a result of this projrt crnsidering the miJigatiJizs idmtifUd ami, the
Unpruwrmts 7fYjUimI.
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. U
P: \Lakeview Villas \PC Staff Report.doc
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AGENDA IlEM NO._, . \ 'tlJ .
pAGE~ 1:,lR O~J -
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PIANNING COMMISSION STAFF REPORT
FEBRUARY 1, 2005
Page 15 of 22
PROJECT TITLE: GENERAL PIAN AMENDMENT NO. 2004-06, ZONE
CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM
MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO.
, 2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVEDECIARATION NO. 2004-10
FOR mE ,"LAKEVIEWVILLAS".
The PruJ=d General PlanArrTf!J1Ilrmtwill aiJJJW the applirant tD deu10p the site with the prvfXJ5I!ddensity ,
if5.5 Duxdling Units/net t1ClI! and,will in turn bring alvuta sitelWl'ecrrnp11iJiewith the CotuItminiwz
Projoct pm;imsly apprurni by the Gty Oxmd; , .
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 prvfXJ5I!d General Plan ArrTf!J1Ilrmt 7WUld estahIish a density,lWI'e in cmfi>>maru:e with the mmtly
apprurni 144 unit rondoninium prajrt tD the W!St of the su/:ioct site. AdJitimaIly, the prujXJ5ed prujoct site
'lImld /;e in dose proximity if any nm:ssary seroia:s nmIai by perwrs residing in the prvfXJ5I!d cuv1miniJm
arrmunity.
4. The. proposed General Plan Amendment will not have a significant effect on the
enVIronment.
n
The prvfXJ5I!d General Plan ArrTf!J1Ilrmt 'Ul1S indudai within the desaipticn of the prajrt's Initial study. ,
. Basai on the lniJial study, staff intends tD adopt a Mitigatai Negatire Drlaratim, 7ihiih C1JI7J:iudai with
mitigatims that the prajrtwill not hau! a sifllifU:ant effia on the envircnm.nL .
FINDINGS - ZONE CHANGE
1. The proposed zone change will not be; a) detrimental to the h~, 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 prvfXJ5I!d ?me, ~ has ken.analymi reIatire tD its poteJ1lia1ity tD l:e detritrmtaltD the hedth,
safety, arrfOrt and mf/are if the perwrs residing or 'lWIking within the ~ if the profXJ5<<i
armumnr. The primary issue idmtijiRd by staff relates tD the traffr irnputs if the prvfXJ5I!d density. . Staff,
crndJJx/, !:used on the Traffr lr71{K1lt ReJx>>t, that the LeuJ if Servire for the intersectims in the Study
Area will not /;e de;;radid as a Tr!SUit if the miJigaJims and wndiJims if appruwl pIaaxi fTl this prujoct as
mil as the ultimaJe [!klis and Wjoctiu;s if the General Plan GrruIatim EWoou. '
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).. '
Basai on its analysis, staffhas ~ that the nYJUI!S1R11 ~ tD the General Plan Land Use Map
and the wrrrspomJing ?me ~ aIkming the deuioprmt of the subjrt wulrniniumprajrt.is consistmt
wiIh GOAL 1.0 of the General Plan Housing Elmvu, ob/igating the City tD provide "dmnt housing
. apportunities and a satisfying !.ivin;. emirarnmt for residents of Lake Elsinore':
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P:\Lakeview Villas\PC Staff Report.doc
AGENDA ITEM NO. " ~ \
PAGE 53 OF \3\iJ
PLANNING COMMISSION STAFF REPORT
FEBRUARY 1, 2005
Page 16 of 22 U
PROJECT TITLE: GENERAL PLAN AMENDMENT NO. 2004-06, ZONE
CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM
MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO.
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DECLARATION NO. 2004-10
FOR THE "LAKEVIEWVILLAS".
FINDINGS - CONDOMINIUMSUBDMSION
1. The proposed subdivision, togethe~ with the provisions for its design and improvement, is
consistent with the General Plan. The proposed subdivision is compauble with the
"objectives; policies, general land uses and programs specified in the General Plan
(Government Code Section 66473.5).
1be prajrt as desigp<<J assists in adJieoingthe ~ of amil-balai7ad and fimaimaJ miX of
resideruid, armmial, industri4 apen space, 'rri:rratU:nd and institutimalland uses (GOAL 1.0, Land
Use Element) as mil provide dm:nt housing opfXJYI1f11itie and a saJisfying livingemirmmnt jUrresidents
of Lake Elsinore (GOAL 1.0, Housing Element}
2. The effects this project is likely to have upon the housing needs of the region, the public
service requirements of its residents and the available fiscal and environmental resources
have been considered and balanced.
Gnsidering the eJfff.ts this pro/x:t is likely to hare upn the rmls of the repjm a axuIitim of approwl Uus
impmmtai 11hidJwu/d require the appliaznt to enter into an agrwrmtwiih the Redeu:Inj:mmt Ageuy of U
the City of lAke Elsinore, prmiding 15% of the uniJs in the prajrt as 4JUrrlal:k housing uniJs in '
aa:tnrlarv:e wiih the n:quirrments of Sedim 33413(b) of the CaJifi>>nia Cmmunity Redeu:Inj:mmt Law or
" an altematireequiwlmt aaian -rdiIh inay indude fwitlxJut limitatim) dtdicatim ofwaozt land, CUlSt1lCIiaz
of 4JUrdahk uniJs on another site, or fJa>I1'1I'nl of an in lieu fee cakulat1J to provide sujfiaent fUnds to
iouIerunite the long-term affan/ahility of an equiwknt 1'IMI17h!r of ajfimJaHe dwJling uniJs anstructa:J or
substantialiy rrl:Jahi!itaJal on other sites wiJhin the City's m/euJopmzt projea arras.
3. Subject to the attached conditions of approval, the proposed project is not anticipated to
result in any significant environmental impact.
1be prajrt has b:en ddeqmtely Cmditimei by aU app/iraJie dejkutnmts and ~ and will rrot"tUl(r>>e
result in tmy si?Jlifrant enviJwm:ntal imp:tcts.
FINDINGS - DESIGN REVIEW
1. The project, as approved, will comply with the goals and objectives of the General Plan and
the Zoning District in which the project is located.
1be proJXJSRd ResUImtid Design Review antainlrJ krein W11Jiies wiih the gpals and objrtires of the
Gmeral Plan, in that the approwl of this Conl1minium OJrrminitywill assist in adieving the deWoprmt
of a mil-bal4narJ and fimaimaJ mix of resUlentid, lXTI'>>r1i!idd, industrial, apen space, TOCTFaJimal 'and
institutimalland uses as mil as enmtraging industrial land uses to dirersijj lAke Elsinore's erxrTUI1iL htse.
2. The project complies with 'the design &ectives contained in Section 17.82.060 and all other
applicable provisions of the Municipal Code.
U
P:\Lakeview Villas \PC Staff Report.doc
"
AGENDA ITEM NO.
PACE ~~
!a\
-
Of, :\3lJ1
r ..
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PLANNING COMMISSION STAFF REPORT
FEBRUARY 1, 2005
Page 17 of 22
PROJECT TITLE: GENERAL PLAN AMENDMENT NO. 2004-06, ZONE
CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM
MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO.
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DECLARATION NO. 2004-10
FOR mE "LAKEVIEWVILLAS".
The fJfVlX=l Residen1id Design Review a:nJd:iruri herrin is apPropriate to tk site and s~
deulopnents in that tk Candminium prvjx:t has bun ~ in ansideratim of tk size andshape of tk
prupmy, tkreby crl?aling intmst and mryingvistas as a persm T/'JlJWS akng tk strret. Further tk projoct as
prufXJ5Hi will ~ tk quality of existing deulnpnent and will 0'f'Ate a visually p/easirg, nm-detr1'1f.1ire
nlatimship lmm:n tk fJfVlX=l and existing projocts in that tk arrhiw:tural design, rohr and materids
and site design fJfVlX=l eWimt:e a anrem fUr quality and originality.
3. Subject to ,the attached Conditions of Approval, the proposed project is not anticipated to
result in any significant adverse environmental impacts.
AlthougfJ tk fJfVlX=l projoct rould hare a ~ tfjirt 00 tk envirmm.nt, lxx:ause revisims in tk
projoct hare bun male by ar agrmJ ,to by tk projoct jJTrJJXJi1mt any ~ adrerse ef/irts =u/d not k
anticipaJa1 Further, pursuant to tk CdifOmia Envinnl1mtal QJiality Aa (CEQA), tk MitigaJai
Negatire DrxIaratim Mitigatim Monitoring ReJXlYt Prugram fUr tk prufXJ5Hi Residen1id Design &iw
refrrermJ herrin found that tk prufXJ5Hi prvjx:twill not hare a sig;1ifrant effirt on tk I!J'll!innnmt pursuant
[\ to tk atfJKfxd O:nditims of A fJ1>>'UU1l and mitigatims pruJXJSUi.
4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including
, guarantees and evidence, of compliance with conditions, have been incorporated into the
approval of the subject project to ensure development of the property in accordance with
the objectives of Chapter 17.82.
Pursuant to 5fxtim17.82.070 (Actim of tk Planning Corrmission) of tk Lake Elsinore Muniap1l Qxk
(LEMC), tk fJfVlX=lResiden1id DesignReviewrefrrermJ herrin has bun scJxrJuki fUransideratimand
apprawl oftk Planning Gmnissim. '
FINDINGS - CONDITIONAL USE PERMIT
1. The proposed use, on its own merits and within the context of its setting, is in accord with
the objectives of the General Plan and the purpose of the planning district in which the site
is located
In order to adiere a wdJ WIanmi and jitru:timal mix of residenJial, ~ inJustrid, open spare,
rrrro:rtimal and institutimd L:tnd uses, st4fhas ~ eznluatwl tk L:tnd use amp:rtibiJity, noise, tra/fir
and otkr erzvirrnnmtal hazards rrdaJ<<i to tk prufXJ5Hi Ccndi.timd Use Permit fUr a Cooibniniwn
Cmmuizity refrrermJ herein. Acwrdingly, tk prufXJ5Hi L:tnd use is in cmmrreno:!,7LiJh tk objeaires of tk
General Plan and tk purpose of tk pL:mning district in uhidJ tk site is krata1
2. The proposed use will not be detrimental tothe 'general health, safety, comfort, or general
welfare of persons residing or working within the neighborhood of the proposed use or the
City, or injurious to property or improvements in the neighborhood or the City.
[\ In amml7LiJh tk purposes oftk CJxtpter 17.74 (Conditional Use Permits) oftk Lake Elsinore
M~ Od:, tk City rWized that tk fJfVlX=l andminium use refrrermJ herrin may hare a fXJfm1ial
P:\Lakeview Villas \PC Staff Report.doc
AGENDA ITEM NO. .
PACE 3'1 '
~\
:"f L )2(p
PLANNING COMMISSION STAFF REPORT
FEBRUARY 1, 2005 U.
Page 18 of 22
PROJECT TITLE: GENERAL PLAN AMENDMENT NO. 2004-06, ZONE
CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM
-MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO.
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DECLARATION NO. 2004-10
FORTHE "LAKEVIEWVILLAS".
to negatiuiy irnp-1a tk W?Jfare of persons residing (ff 'lWTking wi1hin tk neirJi;urIxxxi (ff tk Gty.
Onsidering this, staff has suhstJ1nliAtiiJ that aU applimlie City lJepartrrmts t111d Agmaes boat km
. ajJinrhJ tk opfXJ11Unity fur a tharrJupjJ review of tk use t111d boat inwr[xJratHi aU app/imhIe UTlVI8llS
aruJ/(ff caulitims relataJ to instdIlaJim t111d maintewxe of hndscaping, strret dtxIiratims, ~ of
JX1ints of vehirular ingress t111d tgn5S t111d arztni of potenJial nuismues, so as to eliminate .my negtJJire
imp1as to tkgeneral health, safety, arrfUrt, (fffPIUalW?Jfareof tk surroondingneirJi;urlxxxi(ff tk City.
3. . The site for the intended use is adequate in size and shape to accommodate the use, and for
all the yards, setbacks, walls or fences, landscaping, buffers and othef features required by
'. Title 17 of the LEMC.
The proposed arvluninittm use rrferenarl herein has km desi[!fllJi in cmsideratim of tk size t111d s~ of
the prupmy, thereby strengtheriing t111d enhanang the imtmliaie inJustrial arra. Further, the proj<<:f as
proposffi, will amp/mmt tk quality of existing dereWprrmt t111d will CTf?I1le a visually pleasing, nm.
detraair:e rrd4tim.ship b:taa:n the proposed t111d existing projrts, in that the sturt1f!f! tm'A has lxm reuieuid to
enst/I'F adequate provi.sim of sowungftrm the public rigjJts-of'liity (ff adjarent profX?11ies.
4. The site for the proposed use relates to streets and highways with proper design both 'as to
width and type of pavement to cany the type and quantity of traffic generated by the subject
use.
u
The profXJsed arvluninittm use rrferenarl herein has lxm rede1mi as to its reIatiuz to the d t111d typ: of
pawrmtnm1J to carry the typ: t111d quantity of tra/fr generatai, in that the City has ~ evaluatwJ
the potentialimp1as associata1with tk proposed outdwr sturt1f!f! prior to its apfJI"f1Wl. t111d has a:rv.Iitiorud -
the projoct to l:e serrni by roads of adequate Capacity t111d desi?fl stLl1UIards to provide ~ aa:ess by Car,
trude, transit, t111d bicy1e.
5. In approving the subject use located at Assessor Parcel Number(s) 363-240-005 thru 007,
363-240-010 thru 015, 363-250-001thru 012, there will be no adverse affect on abutting
property or the pennitted and normal use thereof. '
The proposed use has lxm tharooghly revieuxd t111d a:nditiaw:J by aUapp/iraJie City lJepartrrmts t111d
, , outside Agencies, eliminaJ:ing the potenJial fur.my t111d aU adwse effects on the abutting prupmy.
6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have been
incorporated into the approval of the Conditional Use Pennit to insure that the ;use
continues in a manner envisioned by these findings for the term of the use.
Pt=t to Soctim 17.74.050 (Actimofthe Planning OJrrmissim}ofthe Lake Elsinore MunUiJ;d Oxk
(LEMC), the 0ru10ninU0n Ccmnunity knnan as "Lakeview VJlas>> has lxm schaiuled jUrcmsideratim
t111d appruml of the Planning Gmmission.
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P:\Lakeview Villas \PC Staff Report.doc
AOENDAITEM No.:::tl
PAGE Ltb Of IbO
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PLANNING COMMISSION STAFF REPORT
FEBRUARY 1, 2005
Page 19 of 22
PROJECT TITLE: GENERAL PLAN AMENDMENT NO. 2004-06, ZONE _
CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM
MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO.
. . 2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
'MITIGATED NEGATIVE DECLARATION NO. 2004-10
FOR THE "LAKEVIEWVILLAS".
FINDING5-MUTIPLE SPECIES HABITAT CONSERVATION PLAN
1. The proposed project is a project under the City's MSHCP Resolution that must make an
MSHCP Consistency fmding before approval.
Pursuant /XJ the Gtys MSHCP ResoIutim, lxa1use the~ projoct rF.quirr;s a I1J.fJ1'li;er of di.soetiawy
appruwIs firm the Gty and is subjoct /XJ CEQA review, it must Ix reviemrl fur MSHCP cunsistmty, .uhiJJ
entails fur the ~ projoct delemlininguixtherit is subjoct /XJ the CUys LEAP prrxesS, cmsistentwith;
Prottrtim of Spocies AssociatxJ with RiJwianIRia!rine Areas and Vernal Pool Guidelines (MSHCP, S
6.1.2), Prottrtim of Narrow ErultmiJ: P!dnt Spocies Guidelines (MSHCP, S 6.1.3), Additimd Surrey
Needs and Prrxulures (MSHCP, S 6.3.2), Url:m/WUdlaruis InterftKE Guidelines (MSHCP, S 6.3.2),
V~ Mapping (MSHCP, S 6.3.1) requinnDlIs, Fuels ~ Guidelines (MSHCP, S 6.4),
and jUjm!nt of the MSHCP Load DeirJopnent Mitigaiim Fee (MSHCP 0rr1inttnre, S 4).
2. The proposed project is'subject to the Joint Project Review process.
AmmIing /XJ the Mtdti-Spocies Hahitat Omseiwtim Plan (MSHCP), the fOOtprint of the projoct site is
kx:ated within the Elsinore Area Plan. This Area Plan., the Clno1tys Rap Website (see
http://wli!w:rcip.mg/matJS.htm~ and the (MSHCP) Cwseru:ttim Summary Repit Generator Sheet fur
the Assessor Parrel Num/;rn,' (APN) UIentijiRd (II. Atttuhrmt. # 1 (see
http://rrip.oYf!/PDFlib/rcip/apn search.asp) shaw that the ~ projoct is kx:ateduiJhin Subunit 4,
Proposal. Linktg! 8 and amprises a partim of/ndep:ndent Cell No. 4745 of the Elsinore AreaPlanand
is subjoct /XJ the Gtys Lake EIsinnres Acquisitim PrrxEss (LEAP}prw:ss. Further, ~ Linktg! 8
. is a rrII1jor lD11JX>>1mf of one of the too main edSt"lJXSt crJ7Y1<<1ims !xtlm!n elm? Areas in the Lake
Matthews/Estelle Mountain, AlberbilJ and C1eu1and Natimd. Fares.t in the W3tem partim of the
MSHCP Plan. As a mulf, the~projoct1JXJtlid1x subjrt /XJthejointProjrtReviewprrx=
3. The proposed project is consistent with the RiparianlRiverine Areas and Vernal Pools
Guidelines. , ! .,.
Atw,tMg /XJ the BWkT;;iml AssessmEnt entitkd "The Lakeuiew Villas Prvjert BWkT;;iml Asses.mmt':
prepzrai by L & L Erwin:nmntaJ (II NlJW'J1i;u 12, .2004, rID riparWz, riwine, 'lV'I'1I1l. pool/fairy shrimp
, habitat and other aquatic resaores 'lwe UIentijiRd (II the ~ projrt site. . As a result, no fUrther
MSHCP analysis aranserwtim rrr?I1SUr!?S are requimJ.1be profXJSfd projrt is thenfUre ansisteiuwith the
Riparian/Rirerine A reas and Vernal Pools Guideliru5.
4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species
Guidelines.' - . .
, . ('., -' .
AmmIing /XJ the BWkT;;iml Assessnmt ~ ;'1be Lakeview Villas Prvjert BioIogirdJ Asses.mmt>>
prepzraiby L & L Errvi'lJ111l8uaJ (II NlJW'J1i;u 12,2004, theprojoct site does notfall uiJhin the Narrow
ErultmiJ: PLmt Spocies Sunry A reas. 1berrfOre, habitat asses;mentS and! ar focusai sunrys are not
P:\Lakeview Villas\PC Staff Repon.doc
AGENDA ITEM NO. ;;l \
PACE \'II OFJ?A.P
PLANNING COMMISSION STAFF REPORT ..
FEBRUARY 1, 2005
Page 20 of 22
PROJECT TITLE:
GENERAL PLAN AMENDMENT NO. 2004.06, ZONE
CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM
MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO. '.
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DEClARATION NO. 2004-10
FOR THE "LAKEVIEWVILLAS".
u
rwpti:mi far Nemuw Endemii: Plant Speies. The prufXJS8i projrt is therejine ansistentuith the ~
ifNttmTllJ Eru1mir Plant Speies Guidelines.
5. The proposed project is consistent with the Additional Survey Needs and Procedures.
the projrt ~te falls within the Burrauing Old Sum:y A rot. Ham?W; it'llUS detenninI:d that the spries is
not exjXrttii w omtr oo-Site due w the lack if suimb/e habitat. To assure burruuing mds will riot le
. imp1ctuJ by projrt deadoprmt, as a cmditim if projrt appruwl, a pre-<mst:ructim sum:ywillle rwpti:mi
. 'hfine grading wwnfinn the abse1ue ifburruuing auis, as rwpti:mi by the MSHCP. The projrt is therejine
.... lmsistmtUiJh the Additimd Sum:y Nrois RequiTurmts.
6. The proposed project is consistent with the Urban/WddIands Interface Guidelines.
Measures haw lxm incarjXJratHi into the prufXJS8i projrt so that ~ willle no projrt-rrd4tRd draintrg?,
toxU:s, lighting, noise, inwsius, barriers, ttnd grading/land deuJoprmt imJxtas w the Cansem:/J:icn Arot.
. The prufXJS8i proj<<t is therejine crnsistintwith the Urban/WJdJamis 1nterftta! GuUlelinRs.
,
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. 7,.. The proposed project is consistent with the Vegetation Mapping requirements.
. ' The~iftheentireprojeasitehas lxmmappxl. 1bismappingis sujfrimtundertheMSHcPttnd
.. - is ansistentwith the MSHCP.
. \ .. .
8. . The proposed project is consistent with the Fuels Management Guidelines.
The prufXJS8i projrt has lxm desig;uxJ w include I4ndscape bufjers n&r the projXJm MSHCP 0mserW1im
AI'l'a that will in essenre aa as FuelModifiratim Zanes. WIthin tlx!se arPas then!willle fire-resistant,nm-
,inw.sire plants. . Aaon:Iingly, uith tlx!se measures, the prufXJS8i projrt is therejine ansistent with the Fuels
, .. Managurmt GuUlelinRs. .
9. The proposed project will be conditioned to pay the City's MSHCP Local Development
, MitigationFee. .
As a crruIiiim if appruwl, the projrt willle requimJ w pay the GO's MSHCP La:allJeuJoprmt
M~ Fee 'at the tim! if issUt7J'1<E ifbuikling permits. The a.crrmt fte far residential deuJnprmt1fi1h a
density ifless than 8.0 duxlling units per aue is $1,651 per duxlling unit. '
10. The proposed project overall is consiste~t with the MSHCP. '
The prufXJS8i projrt footprint W17{iies docs not prWuJe' the ~ prWr/mes, ~, ttnd
g;tideIines if the Citys MSHCP Resoktt:ioo ttnd the MSHCP.
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P: \Lakeview Villas \PC Staff Report.doc
AGENDA \lEM NO. i; a \
. PAOE~l{p.~OFJ3lP -
n
PlANNING COMMISSION STAFF REPORT
FEBRUARY 1,2005
Page 21 of 22
PROJECT TITLE: GENERAL PlAN AMENDMENT NO. 2004-06, ZONE
CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM
MAP NO_ 32127, RESIDENTIAL DESIGN REVIEW NO.
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DEClARATION NO. 2004-10
FOR THE "LAKEVIEWVILLAS".
PREPARED BY:
REVIEWED BY:
PREISENDANZ, SENIOR PlANNER
RCEMENf MANAGER
APPROVED BY:
1.
2.
3.
4.
5.
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6.
7.
8.
9.
10.
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PlANNING OMMISSION RESOLUTI NS
CONDITIONS OF APPROVAL
CITY RESPONSE LETTER TO AGENCY COMMENTS.
AGENCY COMMENT LETTERS TO MND 2004-10
MITIGATED NEGATIVE DEClARATION NO. 2004-10 AND MITIGATION
MONITORING PROGRAM PlAN.
CONSERVATION CRITERIA EVALUATION FORjOINT PROJECT
REVIEW
PLANNING COMMISSION MINUTES JANUARY 18, 2005.
CONTINUANCE PLANNING COMMISSION STAFF REPORT JANUARY
18, 2005.
MULTIPLE SPECIES HABITAT CONSERVATION PlAN (MSHCP)
EXHIBIT FOR CRITERIA CELL NO. 4745.
EXHIBITS
. REDUCTIONS (8 lh x 11)
Exhibit A Vicinity Map
Exhibit B General Plan Amendment Map
Exhibit C Zone Change Map
Exhibit D Tentative Condominium Map No. 32127
Exhibit E Conceptual Site Plan (Sheet AI)
Exhibit F Conceptual Site Plan (Sheet AU)
Exhibit G Conceptual Site Plan (Sheet Al.2)
Exhibit H Conceptual Site Plan (Sheet Al.3)
Exhibit I Conceptual Site Plan (SheetAl.4)
Exhibit j Typical Cluster Plan
Exhibit K Floor Plan (Bldg. Type A)
P: \Lakeview Villas \PC Staff Repon.doc
AGENDA ITEM NO. _~ \
PAGE~OF ~D\.P
PlANNING COMMISSION STAFF REPORT
FEBRUARY 1, 2005 U
Page 22 of 22
PROJECT TITLE: GENERAL PlAN AMENDMENT NO. 2004-06, ZONE .
CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM .
MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO.,
. 2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DEClARATION NO. 2004-10
FOR lHE "LAKEVIEWVILLAS".
Exhibit L
Exhibit M
Exhibit N
Exhibit 0
Exhibit P
Exhibit Q
Exhibit R
Exhibit S
Exhibit T
Exhibit U
Exhibit V
Exhibit W
Exhibit X
Exhibit Y
Exhibit Z'
Floor Plan (Bldg. Type B)
Floor Plan (Bldg. Type C)
Floor Plan (Bldg. Type D)
Floor Plan (Plan One Alternative)
Floor Plan (Plan Two)
. Floor Plan (Plan Three)
Floor Plan (Plan Four)
Character Elevations (Bldg Type B)
Character Elevations (B1dg Type D)
Character Elevations (Bldg Type B)
Character Elevations (Bldg Type D)
Grading and Drainage Plan
Grading and Drainage Plan
. Grading and Drainage Plan
Landscape Plan (Sheets L-1 thro L-4)
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11. FULL SIZE EXHIBITS
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P: \Lakeview Villas \PC Staff Report.doc
ACENDAITEM NO. 6)\
PAOE~OF \'bv>.
'-',--"
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RESOLUTION NO. 2005-..Q~
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING
TO THE CITY COUNCIL, ADOPTION' OF
MITIGATED NEGATIVE DECLARATION 2004-10
FOR THE PROJECT KNOWN AS GENERAL
PLAN AMENDMENT NO.' 2004-06; ZONE
CHANG ,2004-07; TENTATIVE CONDOMIMIUM
O. 32127; RESIDENTIAL DESIGN
REVIEW NO. 2004-05; AND CONDITIONAL USE
PERMIT NO. 2004-14 ,LOCATED WITHIN
ASSESSOR PARCEL NUMBER(S) 363-240-005
THRU 007, 363-240-010 THRU 015, 363-250-001
, THRU 012.
WHEREAS, an application has been filed' with' the City of Lake Elsinore by. Scott
Woodward, Woodward Interests to request approval of Mitigated Negative Declaration No.
,2004-10 for the purpose of developing a residential condominium community;
WHEREAS, Mitigated Negative Declaration No. 2004-10 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 recommendation to the. City Council adopting Mitigated
Negative Declaration No. 2004-10; and,
WHEREAS, public notice of said application has been given, and the Planning
Commission has considered and approved the request by staff on January 18, 2005 to continue
this item to the February I, 2005 Planning Commission; and
WHEREAS, a Notice oflntent to Adopt (NO!) has been filed with the Office of Planning
and Research and the County of Riverside Clerk of said applications, and the Planning Division
has requested a public review period of said document, commencing on December 9, 2004 and
extending to January 10, 2005;
WHEREAS, the Planning Commission of the City of Lake Elsinore DOES HEREBY
RESOLVE as follows:
Mitigated Negative Declaration No. 2004-10 has been prepared, submitted and reviewed in
accordance with requirements of the California Environmental Quality Act and the City'sCEQA
requirements. The report is complete and adequate in it's evaluation of all environmental effects
of the project known as Lakeview Villas and associated discretionary approvals and will not
result in any significant environmental affects with mitigation measures, based on the following
findings;
P:\Lakeview Villas\PC RESO MND.doc
AGENDA ITEM NO. ;2.\
PAGE lW'-.::- OF .J3l!t> -
PLANNING COMMISSION RESOLUTION FOR
MITIGATED NEGATIVE DECLARATION NO. 2004-10
Page 2 of 3
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FINDINGS.MITIGATED NEGATIVE DECLARATION
1. Revisions in the project plans or proposals 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; and
1he appliarnt has made 1Wisims tJJ the prajrt or has agnrri tJJ sJXriIir cunditims Wi.ch ux;u/d awid the
efjim ormitigate the efjim of the prajrt tJJ a point1ihere 11f) sigrU/irant efjim ux;u/d arur.
2. 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.
Pursuant tJJ the euiJfena: rwiwi in the ligpt of the Wxie rromi preseruui tJJ st4f the prajrt will11lJt hare a
sWUfrant ejjirt on the envinrJnmt considering the applimhle 0ruIitims of Appraml and Mi/igfttim
Manitoring ReJX1ri Pngram.
WHEREAS, the Planning Commission recommends to the City Council that it finds that
Mitigated Negative Declaration No. 2004-10 is complete and adequ'ate and provides appropriate
environmental documentation for the project and fully complies'with the requirements ofCEQA, U
the State CEQA Guidelines, and the City's environmental clearance procedures,
NOW, THEREFORE, based on the above findings, the Planning Commission of the City
of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of'the City of bike
Elsinore certifY Mitigated Negative Declaration No, 2004-10.
" '
'~ I
. Ron LaPere, Chairman
Lake Elsinore Planning Commission
"
I hereby certifY that the preceding resolution was adopted by the Planning Commission at a'
meeting thereof conducted on February 1, 2005 by the following vote: '
,
.>
AYES:
Commissioners:
NOES:
Commissioners:
i,
+;f
ABSENT: Commissioners:
ABSTAIN: Commissioners:
u
P:\Lakeview Villas\PC RESO MND.doc
AGENOA lTEM NO. . ~\ . -
PAGE.....9!L-OF J.&P__
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PLANNING COMMISSION RESOLUTION FOR
MITIGATED NEGATIVE DECLARATION NO. 2004-10
Page 3 00
ATTEST:
Robert A. Brady, Secretary to the Planning Commission
P:\Lakeview Villas\PC RESO MND.doc
~\
AGENDA \lEY NO. -
PAOE_ HI_OF \3l.p_
RESOLUTION NO. 2005- ~7
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. 2004-06 AMENDING THE LAND
USE DESIGNATION OF THE PARCELS IDENTIFIED AS
ASSESSOR PARCEL NUMBER(S) 363-240-005 THRU 007,
363-240-010 THRU 015, 363-250-001 THRU 012, FROM
VERY LOW DENSITY (VLD) RESIDENTIAL TO MEDIUM
DENSITY (MD) RESIDENTIAL.
u
WHEREAS, Scott Woodward, Woodward Interests, has initiated proceedings to amend
the General Plan Land Use Map by requesting a General Plan Amendment changing the
designation of the parcels known as Assessor Parcel Number(s) 363-240-005 thru 007, 363-240-
010 thru 015, 363-250-001 tbm 012 from Very Low Density (VLD) Residential to Medium
Density (MD) Residential; and.
WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated
with the responsibility of making recommendations to the City Council for changes to the
approved General Plan Land Use Map; and
WHEREAS, public notice of said application has been given, and the Planning U
Commission has considered and approved the request by staff on January 18, 2005 to continue
this item to the February I, 2005 Planning Commission;
NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES
HEREBY RESOLVE as follows:
SECTION 1. The Planning Commission has considered the proposed General Plan
Amendment No. 2004-06, prior to making a decision to recommend that the City Council
approve the proposed amendment to the Land Use Designation. The Planning Commission finds
and determines that Mitigated Negative Declaration No. 2004-10 is adequate and prepared in
accordance with the requirements of the California Environmental Quality Act (CEQA) which
analyzes environmental effects of the proposed project, 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 General Plan Amendment No. 20()4..06
have been made as follows:
FINDINGS -GENERAL PIAN AMENDMENT
1. The proposed General Plan Amendment will not be; a) detrimental to the health, safety,
comfort or general welfare of the persons residing or wOlking within the neighborhoocl of
the proposed amendment or within the City, or b) injurious to the property or U
P: \Lakeview Villas \PC RESO GP A.doc
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AdtNDAJT5M,N6:'"
..', PACE . Lj r.'Of
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PLANNING COMMISSION RESOLUTION FOR
GENERAL PLAN AMENDMENT NO. 2004-06
Page 2 of 3
improvements in the neighborhood or within the City.
1he prvfXJ581 Gmeral Plan Anmtlmu has lxm analyzed re!dtire to its potentiality to k detrim.ntal to th
health, safrty, arnjUrt and ue/fare if th pmons residing or =rkingwithin th neig/JI:xJrixxx if th profXJSId
~ 1he primttry issue UIenJijiffi by staff rdates to th trajjk iinJx;as if th prvfXJ581 density. Staff,
~ basai 00 th Traf/ir lmJ=t Report, that th LeuJ oJ Servin! far th in1erseaims in th Study
Amt wiD not k degraded as a result if this projoct ansidering th mitigatioos UIenJijiffi and th
imprmmmts requirrd
2. The proposed General Plan Amendment will permit reasonable development of the area
consistent with its constraints and will make the area more compauble with adjacent
properties.
1he Proposed Gmeral Plan Amenthmt wiD allow th app/imnt to deuiop th site wiJh th prvfXJ581 density
if 5.5 Dax1ling Units/net acre and wiD in turn bring aluut a site more arnp11iJiewiJh th 0:Inibninitm
Projrt preuimsly appromi by th City Council
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.
1he prvfXJ581 Gmeral Plan Amenthmt uxxJd establish a density more in an/i>>mante wiJh thmmtly
appromi 144 unit ccnduninium projoct to th'1a?St of th sulftrt site. Additimally, th prvfXJ581 projoct site
um/d k in dose proximity oJ any n<<essary servia:s mrxIirJ by pmons residing in th prvfXJ581 and:miniJm
n amrnunity.
4. Th~ proposed General Plan Amendment will not have a significant effect on the
enVIronment.
1he prvfXJ581 Gmeral Plan = induda/ within th descriptioo oJ th projoct's Initid Study. Baswl 00 th
Initial Study, staff intends to adopt a Mitigatai Negatiw lJockatim, 11lidJ cmcludtd wiJh mitigatioos tbu
th projoctwiD not har:e a significant effia 00 th ernirmrrmt.
NOW, THEREFORE, based on the above findings, the Planning Commission of the City
of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake
Elsinore approve General Plan Amendment No. 2004-06.
Ron LaPere, Chairman
Lake Elsinore Planning Commission
I hereby certifY that the preceding resolution was adopted by the Planning Commission at a
meeting thereof conduct~d on February 1, 2005 by the following vote:
(\
P: \Lakeview Villas \PC RESO GP A.doc
AGENDA ITEM NO. ;;! I
PACEYCf OF_\?>LP-
PlANNING COMMISSION RESOLUTION FOR
GENERAL PlAN AMENDMENT NO. 2004-06
Page 3 of 3
AYES: Conunissioners:
NOES: Commissioners:
ABSENT: Conunissioners:
ABSTAIN: Commissioners:
ATTEST:
Robert A. Brady, Secretary to the
Planning Commission .
P: \Lakeview Villas \PC RESO GP A.doc
AGENDA ITEM NO.
PAGE5fJ
.:1
J;"
.d-I
OFI?N>
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n
RESOLUTION NO. 2005-Y /.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LAKE ELSINORE, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE APPROVAL OF ZONE
CHANGE NO. 2004-07 CHANGING THE ZONING
DESIGNATION OF THE PARCEL(S) SPECIFICALLY.
DESCRIBED AS ASSESSOR PARCEL NUMBER(S) 363-240-
005 THRU 007, 363-240-010 THRU 015, 363-250-001 THRU
012 FROM R-l. SINGLE FAMILY RESIDENTIAL
DISTRICT TO R-2. MEDIUM DENSITY RESIDENTIAL
DISTRICT UNDER THE ZONING ORDINANCE
WHEREAS, Scott Woodward, Woodward Interests, has initiated' proceedings to change
the zoning designation of the subject parcels known as APN(s) 363-240-005 thru 007, 363-240-
010 thru 015, 363-250-001 thru 012 from R-I Single Family Residential District to R-2 Medium
Density Residential District; 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
n WHEREAS, public notice of said application has been given, and the Planning
Commission has considered and approved the request by staff on January 18,2005 to continue
this item to the February I, 2005 Planning Commission;
NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES
HEREBY RESOLVE as follows: '
SECTION 1. The Planning Commission has considered the proposed Zone Change No.
2004-07, 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. 2004-10 is adequate and prepared in accordance with the requirements
of the California Environmental Quality Act (CEQA) which analyzes environmental effects of
the proposed project, 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 Zone Change No. 2004-07 have been
made as follows:
n
1. The proposed zone change will not be; a) detrimental to the health, .safety, comfonpr
general welfare of the persons residing or wOlking within the neighborhood of the proposed
amendment or within the City, or b) injurious to the propeny or improvements in the
neighbomood or within the City.
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AGENDA ITEM NO.
PAGE 5:/
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Of .\2J4>
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PLANNING COMMISSION RESOLUTION FOR
ZONE CHANGE NO. 2004-07
Page 2 of 2
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7he proposed Zrne ~ has bren analyzni relatiw to its potmJiaJity to be detrirrmtal to tk health,
safrty, amfrt and Wfare if' tk persms residing ur 71XlIking wiJhin tk neigjJl:urfxxxl if' tk jJluposa:l
~ the primary issue iden1ifUrJ by st4f relates to tk /rafjir imp1as if'tk proposed density. Staff,
anfudnl, basal OIl tk Trafjir l1rrput &part, that tk LeuJ if' ServilE fOr tk intersa:tims in tk SUldy
A rea will mt be degraded as a result if'tk rnitigatims and crmditims if' appruwl phmi OIl this praji:t as
wJl as tk ultimaJe gpals and objeaia:s if'tk Gmeral Plan CimtlaJim Ekm.nt.
2. The proposed action will be consistent with the Goals, Objectives, and Policies oCthe
General Plan arid the development standards established with the Lake Elsinore Municipal
Code (LEMC).
Based on its analysis, st4fhas ~ that tk requestal amndrrmt to tk Gmeral Plan Land Use Map
and tk aJ/TeSfXJI1IJin.Zrne ~ allowing tk deuioprmJ of tk subject ankminiJm proju:t is ansistmt
,'lli1h GOAL 1.0 if'tk Gmeral Plan Housing Elemm, rHigating tk City to provide "dirent housing
opportunities and a satisfying living envi:rmmmt fOr rr:sUknts if'Lake Elsinme". ..
NOW, THEREFORE, based on the above findings, the Planning Commission of the City
of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Llike
Elsinore approve Zone Change No.2004-07.
u
Ron LaPere, Chairman
Lake Elsinore Planning Commission
I hereby certify that- the preceding resolution was adopted by the Planning Co~mission at a
meeting thereof conducted on February 1,2005 by the following vote: .
AYES:'
Commissioners:
NOES:
Commissioners:
,~
,;.
.'
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Robert A. Brady, Secretary to the
Planning Commission
()
P:\Lakeview Villas \PC RESO CZ.doc
AGENDA ITEM NO.
PAGE .:$~
~\
OF .,~
n
RESOLUTION NO. 2005~..(}1
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LAKE ELSINORE, CALIFORNIA,
RECOMMENDING CITY COUNCIL APPROVAL OF
TENTATIVE CONDOMINIUM MAP NO. 32127 FOR THE
"LAKEVIEW VILLAS" LOCATED ON THE EAST SIDE OF
GRAPE STREET AND SOUTH OF THE RAILROAD
CANYON ROAD/GRAPE STREET INTERSECTION,
ASSESSOR PARCEL NUMBER (S) 363-240-005 THRU 007,
363-240-010 THRU 015, 363-250-001 THRU O~2.
WHEREAS, an' application has been filed with the City of Lake Elsinore by Scott
Woodward, Woodward Interests, to request the approval of Tentative Condominium Map
No.32127. for the ~stablishment of a residential condominium community.
WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated
with the responsibility of recommending' approval of. Tentative Condominium Maps for
residential projects; and
;i
. WHEREAS, public notice of said. application has been given, and the Planning
Commission has considered and approved the request by staff on January 18, .2005 to continue
this item to the Feb~ary 1,2005 Planning Commission;
n
NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES
HEREBY RESOLVE as follows: '. .
SECTION 1. The Planning Commission has considered the proposed request for
Tentative Condominium Map No. 32127 and has found it acceptable. The Planning Commission
finds and determines that this project is consistent with Section 16 "Subdivisions" of the Lake
Elsinore Municipal Code (LEMC), Section(s) 66424 and 66427 of the California Subdivision
Map Act (CSMA) and that Mitigated Negative Declaration No.. 2004-10 is adequate 'and
prepared in accordance with the requirements of the California Environmental Quality Act
(CEQA), which analyzes environmental effects of the project, based upon the following findings'
and determinations:
SECTION 2. That in accordance with the Section(s) 66424 and 66427 of the California
Subdivision Map Act (CSMA) and Section 16 "Subdivisions" of the Lake Elsinore Municipal
Code (LEMC), the following findings for the approval of the condominium map has been made
as follows: . .
FINDINGS - CONDOMINIUM SUBDIVISION
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I. The proposed subdivision, together with the provisions for its design and improvement, is
consistent with the General Plan. The proposed subdivision is compatible with the
objectives, policies, general land uses and programs specified' in the. General Plan
AGENDA ITEM NO.
PACE ~'i. 3
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PLANNING COMMISSION RESOLUTION FOR
TENTATIVE CONDOMINIUM MAP NO. 32127
Page 2 of 3
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(Government Code Section ~6473.5).
The project as designed assists in achieving the development of a well-balanced "and
functional mix of residential, commercial, 'industrial, open space, recreational :and
institutional land uses (GOAL 1.0, Land Use Element) as well provide decent housing
opportunities and a satisfying living environment for residents of Lake Elsinore (GOAL
/.0, Housing Elemeni) , ,
2. The effects this project is likely to have upon the housing needs of the region, the public
service requirements of its residents and the available fiscal and environmental resources
have been considered and balanced.
Considering the effects this project is likely to have upon the needs of the regidn a '
condition of approval was implemented which would require the applicant to enter into
an agreement with the Redevelopment Agency of the City of Lake Elsinore. providing
15% of the units in the project as affordable housing" units in accordance with; the
requirements of Section 33413(b) of the California Community Redevelopment Law of an
alternative equivalent action which may include (without limitation) dedication of vacant
land, construction of affordable units' on another site, or payment of an in lieu fee
, calculated to provide sufficient funds to underwrite the long-term affordability oj; an
equivalent number of affordable dwelling units constructed or substantially rehabilitated
on other sites within the City's redevelopment project areas.
3. Subject to the att~ched conditions of approval; thepr~posed proj~~tis not anticipate<! to
result in any significant environmental impact. '
The project has been adequately conditioned by all applicable departments and agencies
and will not therefore result in any significant environmental'impacts.
U
, , ,
NOW, THEREFORE, based on the above Findings, the Planning Commission of the City
of Lake E1sinoreDOES HEREBY RECOMMEND TO THE CITY COUNCIL APPROVAL' ~f a
Tentative Condominium Map,No. 32]27.
Ron LaPere, Chairman"
Lake Elsinore Planning Commission
I hereby certifY that the preceding resolution was adopted by th~ Planning Commission at a U'
meeting thereof conducted on February], 2005 by the following vote:
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AOENOAITEM NO. '.1\
PAGE 5LJc _OF \.:6VJ
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PLANNING COMMISSION RESOLUTION FOR
TENTATIVE CONDOMINIUM MAP NO. 32127
Page 3 of3
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN:' Conimissioners:
ATTEST: .
('\ Robert A. Brady, Secretary to the Planning Commission
('\
P:\Lakeview Villas\PC RESO Condo Map.doc
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AGENDA ITEM NO.
PACE. jj('t
bl\
OF \.'>>
-
RESOLUTION NO. 2005-{ 0 ,
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A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LAKE ELSINORE, CALIFORNIA,
RECOMMENDING CITY COUNCIL APPROVAL OF
RESIDENTIAL DESIGN REVIEW NO. 2004-05 FOR THE
DESIGN, CONSTRUCTION AND ESTABLISHMENT OF
THE "LAKEVIEW VILLAS" LOCATED ON THE EAST
SIDE OF GRAPE STREET AND SOUTH OF THE
RAILROAD CANYON ROAD/GRAPE STREET
INTERSECTION, ASSESSOR PARCEL NUMBER(S) 363-
240-005 THRU 007, 363-240-010 THRU 015, 363-250-001
THRU 012.
WHEREAS, an application has been filed with the City of Lake Elsinore by' Scott
Woodward, Woodward Interests, to request the approval of Residential Design Review No.
2004-05 for the design, construction and establishment of a residential condominium
community.
WHEREAS, the Planning Commission of the City of Lake Elsinore has been deleg~ted
with the responsibility of recommending approval of Design Reviews for residential projebts;
and
WHEREAS, public notice of said application has been given, and the Planning U
Commission has considered and approved the request by staff on January 18, 2005 to continue
this item to the February 1,2005 Planning Commission;
NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES
HEREBY RESOLVE as follows:
SECTION 1. The Planning Commission has considered the proposed request for
Residential Design Review No. 2004-05 and has found it acceptable. The Planning Commission
finds and determines that this project is consistent with the Lake Elsinore Municipal Code and
detennines that Mitigated Negative Declaration No. 2004-01 is adequate and prepared' in
accordance with the requirements of the California Environmental Quality Act (CEQA) which
analyzes environmental effects of the proposed project, based upon the following findings ~d
detenninations: .
SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake
Elsinore Municipal Code the following findings for the project have been made as follows:
FINDINGS - DESIGN REVIEW
1. The project, as approved, will comply with the goals and objectives of the General Plan and
the Zoning District in which the project is located.
u
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AGENDA REM NO, ~.
PAGE :5 (p OF \?,IQ
(1
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PLANNING COMMISSION RESOLUTION FOR
DESIGN REVIEW NO. 2004-05
Page 2 of3
The profXJSIXi Residential Design Review cmtainai herein arnplies with the lJ1t1ls and obj<<:tia!s of the
Gmeral Plan, in that the appruwl of this CmOmiinium O>>rmmitywill assist in achieving the det:e/oprmt
if a Wi-bakmad and jioutimal mix of residential, amnrrcid, industrial, < opn sp:ue, m:muimal and
instituJimaJ W uses as Wi as enaxJTaging industrid land uses tD dirersifY Lake Elsinore's eanmic !use.
2. The project complies with the design directives contained in Section 17.82.060 and all other
applicable provisions of the Municipal Code.
The profXJSIXi ResidenJiaJ Design Review cmtainai herein is appnYJ1T iate tD the site and surrounding
deuiopwus in that the Cmd:rninium proj<<t has lwulesignai in ansideraJim if the size and shape if the
profX!Yty, thereby cra1ling interest and wrying vistas as a perscn 111f.JU!S alcng the strret. Further the proj<<t as
projXJseri will crJ11jiRm.m the quality of existing det:e/oprmt and will cwate a visually pleasing, nm-detraaire
reIaJimship Ix:wxm the profXJSIXi and existing prvjrts in that the arrhitu:tural design, ro!nr and materials
and site design proJXJseri euit:krKE a ana;m fOr quality and originality.
3. Subject to the attached Conditions of Approval, the proposed. project is not anticipated to
result in any significant adverse environmental impacts.
Although the proJXJseri proj<<t could hare a signi/iavu ejjiu on the envirrnrrmJ, hmuse revi.sim.s in the
proj<<:t hare lw-z made by or agrroi tD by the proj<<t prvfXJJ1i'I1t any signi/imnt adu:rse ejjius umI.d not k
antKip1tRd. Further, pursuant tD the CalifUrni4 Erwirrnmntal Quality Act (CEQA), the Mitigatai
Negatire Dx!araJim MitigaJim Monitoring Report Prrgrtrm fOr the proJXJseri ResidenJiaJ Design Review
rr{ermad herein fOund that the proJXJseri proj<<t will not hare a signifiwnt e/Ju:t on the mvim-urmt pursuant
tD the attadxxl Cmditions of Apprawl and mitigaJioris projxJseri. . .
4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including
guarantees and evidence of compliance with conditions, have been incorporated into the
approval of the subject project to ensure development of the property in accordance with
the objectives of Chapter 17.82.
Pursuant tD 5frt:im 17.82.070 {Actimofthe Plartning Gmmissim)ofthe Lake Elsinore Municifxd Ode
(LEMC), the proJXJseri ResidenJiaJ Design Reviewrr{ermad herein has lw-z sdJaIukxl fOrronsideraJim and
ttpprrJU1l of the Planning O:rrmissim.
NOW, THEREFORE, based on the above Findings, the Planning Commission of the City
of Lake Elsinore DOES HEREBY RECOMMEND TO THE CITY COUNCIL APPROVAL of a
Residential Design Review No. R 2004-06.
Ron LaPere, Chairman
Lake Elsinore Planning Commission
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AGENDA ITEM NO: ;2 \
PAGE = :i7 OF \ ~lo
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PLANNING COMMISSION RESOLUTION FOR
DESIGN REVIEW NO. 2004-05
Page 3 of 3
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I hereby certify that. the preceding resolution was adopted by. the Planning Conunission at a
meeting thereof conducted on February 1,2005 by the following ,:,ote:
AYES: Conunissioners:
NOES: Conunissioners:
ABSENT: Conunissioners:
ABSTAIN: Conunissioners:-
"
ATTEST:
Robert A. Brady, Secretary to the Planning Conunission
P:\Lakeview Villas\PC RESO Design Review.doc
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ACENDA ITEM NO. .~ \ ~
PACE-,5~~ OF. BV
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RESOLUTION NO. 206'11
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT NO. 2004-14
FOR THE ESTABLISHMENT OF THE "LAKEVIEW
VILLAS", LOCATED ON THE EAST SIDE OF GRAPE'
STREET AND SOUTH OF THE RAILROAD CANYON
ROAD/GRAPE STREET INTERSECTION,.ASSESSOR
PARCEL NUMBER(S) 363-240-005 THRU 007,363-240-010
THRU 015, 363-250-001 THRU 012.
WHEREAS, 'an application has been filed with the City' of Lake Elsinore by Scott
Woodward, Woodward Interests to request the approval.of a Conditional Use Permit 2004-14,
for the establishment of "Lakeview Villas"; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated
with the responsibility of approving Conditional Use Permits for condominium projects; and
WHEREAS, public notice of said application has been given, and the Planning
Commission has considered and approved the request by staff on January 18, 2005 to continue
this item to the February I, 2005 Planning Commission; .
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NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES
HEREBY RESOLVE as follows: "<
SECTION 1. The Planning .Commission has cOnsidered the proposed request for
Conditional Use Permit No. 2004-14 and has found it acceptable. The Planning Commission
finds and determines that this project. is consistent with the Lake Elsinore Municipal Code and
d<;termines that Mitigated Negative DeClaration No. 2004-10 is adequate and prepared in
accordance with the requirements of the California Environmental Quality Act (CEQA) which
analyzes environmental effects of the proposed project, based upon the following findings and
determinations: ".'
SECTION 2. That in accordance with Chapter 17.74 (Conditional Use Permits)) of the
Lake Elsinore Municipal Code the following findings for the project have been made as follows:
FINDINGS - CONDITIONAL USE PERMIT
1. The proposed use, on its own merits and within the context of its setting, is in accord with
the objectives of the General Plan and the purpose of the planning district in which the site
is located. . .
In order to tUhieu? a ~ bd1anmi mul /imctimal mix of ~ ~, industrid, ojm sp<Ke,
Tfm'.t11imd mul institutiLnalland uses, staff has tharrJughly eu:duatai the land use CW1jkttiJi/ity, noise, tra/fU:
mul other errvirrrtm:ntal hazards relAtRd to the profXJSIXi 0Jnditimal Use Permit fOr a 0:nl0niniJ.m
('.
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AGENDA ITEM NO.
PAGE .~q ,
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PLANNING COMMISSION RESOLUTION FOR
CONDITIONAL USE PERMIT NO. 2004-14
Page 2 of 3
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Ommunit:y rr{ermad herrin. Acwrdingly, the profX15e1i krnd use is in <<ncur7f?!l(E wi1h the objrIires of the
General PUin and the purjXJ5e cf the p/anning district in 11hii:h the site is kxatd
2. The proposed use will not be detriinental to the general health, safety, comfon, or general
welfare of persons residing or working within the neighborhood of the proposed use or.the
City, or injurious to property or improvements in the neighborhood or the City.
In aamd wi1h the purposes of the 0Japter 17. 74 (Conditional Use Permits) of the Lake Elsinme
Muniipd Cak, the City rraliz<<i that the profXJSWi anthninium use rr{ermad Ix!rein may hare a potential
to negatiuiy imp1ct the wifare. cf persms residing or '1WYking wi1hin the neig/ixnIxxxl or the City.
CinsUIering this, staff has substanJiatpd that all app/irable Gty lJeptrrtmmts and Agencies hari hm
4furrIai the opportunity fUr a thorvugfJ miew cf the use and ~ inaJrporami all applimhle W/11VUS
and/or <mditims relata1w instaUatim and mainteru:ttue cf landscaping, strret dedicatWns, reguIatims cf
points of WiaJar ingress and tg1ci and cmtrol of potmtial ruti.wu:es, so as w eliminate t111J neg,qJire
imp1cts wthe general hedth, safety, arrfOn, Or general wifare of the surrounding neig/ixnIxxxl or the City.
3. The site for the intended use is adequate in size and shape to accommodate the use, and:for
all the yards, setbacks, :walls or fences, landscaping, buffers and, other features required by
Tnle 17 of the LEMC.
The profX15e1i anthninium use rr{ermad herein has hm desir;ud in ansUieratim of the size and share of
the. property, thereby stnnglhening and enhandng the imm:diate industrial mw. Further, the projxt as U
proposed, will C011{iRment the quality of existing der:eloprrmt and will awe' a visuttIly pleasing, iun.
detrttetire reIaticnship letmm the profXJSWi and existing projrts, in that the storage area has been revieaai w
msure adequate pruvisim cf SClrx:ningjirm the puhlicrights-of"1m)' ar adjacmi properties.
4. The site for the proposed use relates to streets and highways with proper design both as to
width and type of pavement to cany the type and quantity of traffic generated by the subject
use.
The profXJSWi anthninium use rr{ermad herein has hm m:ieaxd as w its rela1Wn.w the Wd1h and tjpe cf
p:taJ1'mt nmItrJ w carry the tjpe and quantity of tr4fic generami, in that the City has adequately ewlUataJ
the potmtial imp1cts assaiaJel wi1h the profX15e1i ouukxJr storage prior w its appruwl and has muIitima:J
the projrt w Ix! sermi by muIs of adequate capriy and design stdnl.!ards w provide TPaSlJJ1I1bIe = by 'car,
truck, transit, and bicyde.
5. In approving the subject use located at Assessor Parcel Number(s) 363-240-005 thru q07,
363-240-010 thru 015, 363-250-001 thru 012, there will be no adverse affect on abutting
property or the permitted and normal use thereof.
The profXJSWi use haS lxm thvrruJiy reviemrl and cooditimfrl' by all appliraHe City Defktrtnmts and
ad.5ide AgenOO, eliminaiing the potential fUr t111J and all adzme e/frts on the ahuttingproperty. .
6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have been
incorporated into the approval of the Conditional Use Permit to insure that the use
, continues in a ma11fler envisioned by thes~ findings fo.r the term of the use.
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P:\Lakeview Villas \PC RESO CUP.doc
AGENDA I1EM NO:
PACE ~
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PlANNING COMMISSION RESOLUTION FOR
CONDITIONAL USE PERMIT NO. 2004-14
Page 3 of 3
Pursuant/1J Ser:tim 17.74.050 {Acticizofthe Planning Cotrmissim)ofthe Lake Elsinme MuniDpal Qxk
(LEMC), the CauKminium Carmunity knaun as "Lakedew Vz/las" has been Yl:xdukdforansideratim
and apprau:tl of the Planning Gmnissim. .
NOW, TIIEREFORE, based on the above Findings, the Planning Commission of the City
of Lake Elsinore DOES HEREBY APPROVE Conditional Use Permit No. 2004-14.
Ron LaPere, Chairman .
. Lake Elsinore Planning Commission .
I hereby certifY that the preceding resolution was adopted by the Planning Commission at a
meeting thereof conducted on February 1, 2005 by the following vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:'
ATTEST:
-".'
Robert A. Brady, Secretary to the Planning Commission
P: \Lakeview Villas \PC RESO CUP.doc
~ENDA ITEM N~. .;2~ __
PACE lOl "~ OF 18LQ .
RESOLUTION NO. 2005- I '2..
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A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDJ;NG
TO.' THE CITY .COUNCIL ADOPTION OF
FINDINGS OF CONSISTENCY WITH THE
MULTIPLE SPECIES HABITAT
CONSERVATION PLAN (MSHCP) CONTAINED
WITHIN LEAP NO. 2005-01 FOR THE PROJECT
KNOWN AS "LAKEVIEW VILLAS".
,
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WHEREAS, a Lake Elsinore Acquisition Process LEAP application, has been filed by
Scott Woodward, Woodward Interests, to request approval of Findings of Consistency with the
Multiple Species Habitat Conservation Plan (MSHCP) for the purpose of developing an
residential subdivision; and
WHEREAS, the (LEAP) has been prepared and submitted to the Regional Conservation
Authority (RCA) to evaluate the consistency of the project with the (MSHCP); and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated
with the responsibility of making recommendation to the City Council adopting the Findings of
Consistency with the MSHCP; and
WHEREAS, public notice of said application has been given, and the Planning
Commission has considered and approved the request by staff on January 18, 2005 to continue
this item to the February I, 2005 Planning Commission; and . "
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WHEREAS, a Joint Project Review (JPR) has been submitted to the Regional
Conservation Authority (RCA) on January 19, 2004;
WHEREAS, the Planning Commissiorf of the City of Lake Elsinore DOES HEREBY
RESOLVE as follows:
Lake Elsinore Acquisition Process (LEAP) No. 2005-01 has been prepared, submitted
and reviewed in accordance with requirements of the Multiple Species Habitat
Conservation Plan (MSHCP). The report is complete and adequate in it's evaluation of
all environmental effects of the project known as Lakeview Villas Condominium project
and will not preclude the implementation of the MSHCP goals, based on the following
findings;
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P:\Lakeview Villas\PC RESO MSHCP.doc
AOENDA REM NO.
PAGE (0 J.
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RESOLUTION NO 2005-
LEAP NO. 2005-01
PAGE20F4
FINDINGS-MUTIPLE SPECIES HABITAT CONSERVATION PLAN
1. The proposed project is a project under the City's MSHCP Resolution that must make an
MSHCP Consistency fmding before approval.
Pursuant /1) the oiy's MSHCP Resoludm, lxrauSe the profXJS8i project requires a I1tO'I7b!r cf discmiawy
ajJpruwls frrm the City and is subjrt /1) CEQAreview, i1 must k 17!lJierm1 fi MSHCP cunsisrency, uhit:h
entails fUr the profXJS8i project detemIininf, uhther i1 is subjoct /1) the City's LEAP process, cunsistentwith;
Prolfrlim cfSpocies Assod4tedwith RipuUtn/Riwine Areas and venid Pool Guidelines (MSHCP, S
6.1.2), ProIfrIim cf Narrow EruItmK Plant Spocies Guidelines (MSHCP, S 6.1.3), Additional Sumy
Needs and PrrxaIwes (MSHCP, S 6.3.2), l.Jrbm/W1ldIands InterfiUE Guidelines (MSHCP, S 6.3.2),
Vegetal1in Mapping (MSHCP, S 6.3.1) rrquirurmJs, Fuels M~ Guidelines (MSHCP, S 6.4),
andptyrrmtcftheMSHCP Loca1IJeudnpm1tMitigatimFee(MSHCPOrriinana!, S 4).
, '
2. The proposed project is subject to the Joint Project Review process.
Aatmiing /1) the Multi-Speties Habitat Cmserwt:im Plan (MSHCP), the fOOtprint cf the project site is
locatai wiJhin the Elsi1une Area Pm This Area Plan, the ~'s Rap Website (see
http://www.rrip.OI.g/I11djJS.htm). and the (MSHCP) Cansern:tJim Surrmary Report GmeraJiJr Sl:m fUr
the Assessor Pamd Numl:ers (APN) identifi1Xl an Attacbrmt #1 (see
http://rrip.OI'g/PDFlib/rrip/apn search.asp) shaw that the profXJS8i project is locatai uithin Subunit 4,
Propos<<l Linkag! 8 and amprises a portim cflndependent 0Jl No. 4745 cf the Elsi1une Area Plan and
is subjoct /1) the Oty's Lake Elsi1une's Acquisitim.Process (LEAP) proo;ss. Further, profXJS8i Linkag!8
is a major CU11JXr1e11l cf one of the tmJ main east"!reSt ill111lL1ims ktuxm c::on- A reas in the Lake
Matthews/EsteUe Mowitain,Alberhilt and Oeudand National Forest in the uestem pai1it:n cf the
MSHCP Pm As a result, the profXJS8i projectuxxJd k subjrt /1) the Joint Projoct RevieWproa:ss.
3. The proposed 'project is consistent with the RiparianlRiverine Areas and Vernal Pools
Guidelines. . .' . .
AamJIT<< /1) the Bioh;jml Assessmmt enJiJJaJ "The Lakeuiew vzihs ~ Bioh;jml Asses.meu':
prepared by L & L ErwirmrrmJal an N~ 12, 2004, rw riJurian, riwine, remal [iool/fairy shrimp .
halitat and other aquatic resaITU?S "1WF identijiai an the profXJSIXiproject site. As a result, rwjUrther
MSHCP analysis ar cmseru:IJim rrJet1SttTl!S are n:quimI. The profXJSIXi project is therrfUre cmsistent with the
Riparian/Riwine A reas and Vemal Pools Guidelines.
4. The proposed project is consistent with the Protection of Narrow, Endemic Plant Species
Guidelines.
A<w,chJ18 /1) the BioIugjral Assessment emitlai "The Lakeuiew VtlI4s Prajea BioIugjral Asses.meu>>
prepared by L & L ErwirmrrmJal an Nmxmfx!r 12, 2004, the project site dnes not fall uithin the Nanuw
EruItmK Plant Spocies SUYU!J Areas. '/herrfim?, halitat assessmmts and/ar jixusffl SWU)5 are not
requimJ fUr Narrow Endemii: Plant Sj:Wes. The profXJSIXi project is therrfUre cunsistent1lith the Protrxtim
cfNarrow EruItmK Plant Spocies Guidelines. '
P,\Lakeview VilIas\PC RESO MSHCP.doc
AGENDA ITEM NO. ;;V
PAGE (Jl3 Of I~
RESOLUTION NO 2005-
LEAP NO. 2005-01
PAGE30F4
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5. The proposed project is consistent with the Additional Survey Needs and Procedures.
The project site falls wi1hin the Burrrming Old Surrey Amt. Hmrew; it = detemint.d that the spocies is
mt expoctHi to oa:ur m-site due to the L:u:k of suiJdie habitat. To .assure burrowing ouls will mt Ix!
imp:v:tul by project dereJopnmt, as a cr:nditim of project approwl, a prr-amt:ml:lim sumywill Ix! requiruJ
lxfVregrading to anfinn the abseru:eofburrowingouls, as requiruJ by the MSHCP. The project is thenflJf!:
ansistentwith the Additiaud Sumy Needs Requiro-rmts. .
6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines.
Measures hau! lxm ~ami into the prvfXJSfXi project so that there will Ix! rw project-relami dr~
tom, li#ting, noise, i:nuasiu5, barriers, and gradinglland deuJnprmt im{ms to the ConSemttim Amt.
The prvfXJSfXi project is therrfUre ansistentwith the Urlxm/WrIdlands Inter/are Guideline;.
7. The proposed project is consistent with the V~etation Mapping requirements.
The w;pnim of the entire project site has lxm rnappxl. This mapping is sujJUient under the MSHCP and
is ansistentwith the MSHCP. .
8. The proposed project is consistent with the Fuels Management Guidelines.
The prvfXJSfXi project has lxm desi~ to i:ndJuJe laruiscap! buffirs near the profXJsai MSHCP Co7serwJim
A rot thatwill in esserue act as Fuel Modi/imtim Zones. Wuhin these = therewill Ix! fire-resistdnt, nm-
. irm:tsiu? p/Ltnts. Acwrdingly, with these 1I11!dSU1eS, the prvfXJSfXi project is tlx!n{ure lD1Sistent with the Fuels U
Mt111tl[!!J1'l!J Guideline;. .
9. The proposed project will be conditionedw pay the City's MSHCP Local Development
Mitigation Fee. .
As a anIitim of approwl, the project will Ix! requiruJ to pay the Gtys MSHCP LOOJ! IJeWopiwt
Mitigatim Fee at the tirJr of issual1l:E of building jX!m1i1s. The anrent ;re fOr residentid deuJnprmtwiJh a
density of less than 8_ 0 dmdling units per am! is $1,651 per dm/Jing unit.
.10~ The proposed project overall is consistent with the MSHCP.
The prvfXJSfXi project JOOtprint aJ17{iies da:s nOt prrxJude the ~ prrxaIUm, po&ies, and
g;ddelines oftheCitys MSHCP Reso/utimand the MSHCP.
NOW, THEREFORE: based on the above findings, the Planning Commission of the City
of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of L8ke
Elsinore adopt the Findngs of Consistency contained in LEAP No. 2005-0 I.
Ron LaPere, Chairman
Lake Elsinore Planning Commission
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P: \Lakeview Villas \PC RESO MSHCP.doc
!I
AGENDA rTEM NO. ~l
(PLf OF I~"
pAGE--,-~
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(1
RESOLUTION NO 2005-
LEAP NO. 2005-01
PAGE40F4
I hereby certifY that the preceding resolution was adopted by the Planning Commission at a
meeting thereof conducted on February 1,2005 by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
..1 _,
ABSTAIN: Commissioners:
ATTEST:
Robert A. Brady, Secretary to the Planning Commission
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P:\Lakeview Villas\PCRESO MSHCP.doc
AGENDA ITEM NO. ~ \
I A~ OF " 1'CiP
PAGl;U'v 0.- -" _..~
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GENERAL CONDITION
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold hannless the
City, its Official, Officers, Employees, and Agents from any claim,. action, or proceeding against the
City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of
the City, its advisory agencies, appeal boards, or legislative body concerning the Tentative
Condominium Map, which action is bought within the time period provided for in California
Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section :21167.
The City will prompdy notify the Applicant of any such claim, action, or proceeding against the City
and will cooperate fully with the defense. If the City fails to prompdy notify the Applicant of any
such claim, or proceeding, the Applicant shall not; thereafter, be responsible to defend, ind~mnify,
or hold hannless the City. '
2. The applicant shall submit a money order, cashier's check or check, made payable to the County
Recorder, in the amount of $1,314.00 to the Planning Division within 48 hours of the City Council
approval date for the required Environmental Filing.
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3. The applicant shall comply with those mitigation measures identified in the Mitigation Monitoring
and Reporting Program (State Clearinghouse No. 2004121046) adopted with the Mitigated Negative
Declaration No. 2004-10 prepared for the "Lakeview Villas" referenced as the "project" herein.
TENTATIVE CONDOMINIUM MAP NO. 32127
,
4. The Tentative Condominium Map will expire two (2) years from date of approval unless within that
period of time the CC&R's and an appropriate instrument has been filed and recorded with the
County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in
accordance with the Subdivision Map Act.
5. Prior to the recordation of a final map, a lighting plan shall be submitted to the Planning Division
for review and approval. Night lighting shall be directed away from the MSHCP Conservation Area.
Shielding shall be incorporated in project design to ensure ambient lighting in the rvt;SHCP
Conservation Area is not increased. These requirements shall be incorporated into the lighting
improvement plan submitted to the Engineering Division.'
6. The Tentative Condominium Map shall comply with the State of California Subdivision M~p Act
and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Tide 16
unless modified by approved Conditions of Approval.
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P: \Lakeview Villas \PC Conditions of Approval.doc
AGENDA ITEM NO.
PAGI=-~(P
~,
_OF ~~\O
n
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CONDITIONS OF APPROVAL
FOR'
GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE
. CONDOMINIUM MAP NO; 32127, RESIDENTIAL DESIGN REVIEW NO.
2004-05; CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE'.
"LAKEVIEW VILLAS".
.7. Prior to final certificate of occupancy of Tentative Condominium Map, the improvements specified
herein and approved by the Planning Commission and the City Council shall be installed, or
agreements for said improvements, shall be submitted to the City for approval by the City Engineer,
and all other stated conditions shall be complied with. All uncompleted improvements must be
bonded for as part of the agreements.
8. Prior to issuance of a grading permit, the applicant shall prepare and record CC&R's against the
condominiUm complex. The CC&R's shall be reviewed and approved by the Community
Development Director or Desigoee and the City Attorney. The CC&R's shall include methods of
maintainiog common areas, parking and drive aisle areas, landscaped areas including parkways, and
methods for common maintenance of all underground, and above ground utility infrastructure
improvements necessary to support the complex. In addition; CC&R's shall established methods to
address desigo improvements.
9. No unit in the development shall be sold unless a corporation, association, property owner's group
or similar entity has been formed with the right to financially assess all properties individually owned
or joindy owned which have any rights or interest in the use of the common areas and common
facilities in the development, such assessment power to be sufficient to meet the expenses of such
entity, and with authority to control,' and duty to maintain, all said mutually available features of the
development. Such entity shall operate under recorded CC&R's which shall include compulsory
membership of all owners of lots and/or dwelling units and flexibility of assessments to meet
changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement
by the City for provisions required as Conditions of Approval The developer shall submit evidence
of compliance with this requirement to, and receive approval of, the City prior to making any such
sale. This condition shall not apply to land dedicated to the City for public purposes.
10: Provisions to restrict parking upon' other' than approved and developed parking spaces shall be
written into the covenants, conditions and restrictions for each project. .
11. The Home Owner's Association shall be established priono the sale ofthefust dwelling unit.
12. Membership in the Home Owner's Association shall be mandatory for each buyer and any
successive buyer.
13. Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be
established which will cause a merging of all development phases as they are completed, and
embody one (1) homeowner's association with common area for the total development of the
subject project (phase 1) and the proposed project (phase 11).
14. In the event the association or other legally responsible person(s) fail to maintain said common area
in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice
P: \Lakeview Villas \PC Conditions of Approval.doc
AGENOAITEMNO.Jj "
PAOE.lD:f-OFJt~
CONDITIONS OF APPROVAL
FOR
GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE U
CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO. .
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED, NEGATIVE DECLARATION NO. 2004-10 fOR THE
"LAKEVIEW VILLAS".
and hearing, institute summary abatement procedures and impose a lien for the costs ~f such
abatement upon said cotntnon area; individual units or whole thereof as provided by law.
, .,
15. Each unit owner shall have full access to cotntnonly owned areas, facilities and utilities. .
RESIDENTIAL DESIGN REVIEW NO. 2004-05
16. Design Review approval for Residential Design Review No. 2004-05 will lapse and be void,unless
building pertnits are issued within one (1) year of City Council approval The COtntnunity
Development Director may grant an extension of time of up to one (1) year per extension, prior to
the expiration of the .initial Design Review approval Application for a time extension ~ust be
submitted to the City of Lake Elsinore one (1) month prior to the expiration date.
17. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building
Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Ce~ficate
of Occupancy and release of utilities.
18. Manufactured slopes associated with the proposed site development shall not extend into the
MSHCP Conservation Area. The final grading plan shall be submitted to the Planning Division for
approval. . I
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19. The dwelling units are multi-story, without elevators, and therefore are exempt from accessibility
. requirements. The pool area must comply with all accessibility as outlined in the 2001 California
Building Code Sections 1104BA.3 and 1132B.2. If restroom facilities are provided at the po~l area
they must be accessible to the Physically Disabled.
20. All site improvements approved with this request. shall be constructed as indicated on the approved
exhibits and/or attachments contained herein. Revisions to approved site plans or b"lJilding
elevations shall be subject to the review of the Cotntnunity Development Director. All plans
submitted for Building Division Plan Check shall conform to the submitted plans as modified by
Conditions of Approval, or the Planning Commission/City Council through subsequent action.
21. All roof mounted or ground support ait conditioning units or other mechanical equipment
incidental to development shall be architecturally screened or shielded by landscaping so that they
are not visible from neighboring property or public streets. . Any material covering the roof
equipment shall match the primary wall color. .
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22. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto
neighboring property and streets or allow illumination above the horizontal plane of the fixMe. All
. -light fixtures shall match the architectural style of the building. ()
P: \Lakeview Villas \PC Conditions of Approval.doc
AGENDA ITEM NO. ~)
PAGE~~OfI~
("\
CONDITIONS OF APPROVAL '
FOR
GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE
CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO.
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DECLARATION NO. 2004clO FOR THE
"LAKEVIEW VILLAS".
23. The applicant shall meet Americans with Disabilities Act (ADA) requirements. "
24. Trash enclosures shall be constructed per City standards as approved' by the Community
Development Director or Designee.
25. Applicant shall use roofing materials with Cmss "A" fire rating.
26. The Planning Division shall approve the location of any construction trailers utilized during
. construction. All construction trailers shall require a $1,000.00 cash bond processed through the
Planning Division.
27. Materials , and colors depicted on die plans and materials board shall be used unless modified by the
Community Development Director or designee.
28. Decorative paving shaH be included at the enttyway gate and shall be shown on the construction
drawings submitted to Building and Safety.
("\
29. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart.
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30. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and
erosion control vegetation installed, approved by the Planning Division.
PRIOR TO THE ISSUANCE OF A GRADING PERMIT
31. Prior to grading permit, a final Landscaping Plan shall be submitted to the Planning Department for
review and approval. The plant palate shall avoid the list of invasive plant species identified in the
MSHCP as those species to be avoided adjacent to the MSHCP Conservation Area. (MSHCP Final
in Volume 1, Section 6 in Table 6.2 on Page 6-44 through 6-46).
32. Prior to the issuance of a Grading Permit, the applicant shall provide sufficient evidence to the City
that the property identified as proposed conservation area on Attachment No.9, has been reserved
as conservation (by easement, or by tide transfer) pursuant to the requirements of the Multiple
, Species Habitat Conservation Plan,(MSHCP).
33. Prior to the commencement of grading operations, the applicant shall provide a map of all proposed
haul routes to be used for'movement of dirt material Such routes shall be subject to the review and
approval of the City Engineer. A bond may be required to pay for damages to the public right-of -
way, subject to the approval of the City Engineer.
("\ 34. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an
"Acknowledgement of Conditions" form and shall return the executed original to the Planning
P: \Lakeview Villas \PC Conditions of Approval.doc
ACENOA ITEM NO.,~.\
PAGE (P'LOfJ~O
CONDITIONS OF APPROVAL
FOR
GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE U
CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEWNO. '
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE
"LAKEVIEW VILLAS".
Division for inclusion in the case records.
35. The applicant shall submit a photometric study for those light standards located in the pr?posed
condominium project. Said study shall ensure that parking. lot lights will not disturb neigllboring
land uses and shall be approved by the Community Development Director or designee.
,
PRIOR TO ISSUANCE OF A BUILDING PERMIT
36. Prior to the'issuance of building permits, the applicant shall enter into an agreement with the
Redevelopment Agency of the City of Lake Elsinore to provide 15% of the units in the project as
affordable housing units in accordance with the requirements of Section 33413(b) of the California
Community Redevelopment Law or an alternative equivalent action which may include (Without
limitation) dedication of vacant land, construction of affordable units on another site, or payment of
an in lieu fee calculated to provide sufficient funds to underwrite the long-term affordabilirr of an
equivalent number. of affordable dwelling units constructed or substantially rehabilitated 6ri other
sites within the City's redevelopment project areas. '
37. Prior to the issuance of the first building permit, the applicant shall annex into Community Facilities
District No. 2003-1 to offset the annual negative impacts of the project on public safety operations
and maintenance issue8in the City. ". "I .
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38. Prior to the issuance of the first building permit, the applicant shall annex into Lighting and
Landscape Maintenance District No.1 to offset the annual negative fiscal impacts of the project on
public right-of-way landscaped areas to be maintained by the City and for street lights in the public
right-of-way for which the City will pay for electricity and a maintenance fee to Southern California
Edison. '
39. Pursuant to Ordinance No. 1124, prior to the issuance of a building permit the' applicant sh~ll pay
the applicable Multiple Species Habitat Conservation Plan (MSHCP) Fee ($1,651.00 x 155 or
$255,905.00).
40. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and
approved by the City's Landscape Architect Consultant and the Community Development Dnector
or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee ):viii be
charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City
fee. "
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a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and
grass coverage using a combination of drip and conventional irrigation ~ethods.
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AGENDA 1m' NO.~\
PAGE '10 ' OF.-l?tlD
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CONDITIONS OF APPROVAL',
FOR
GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE
CONDOMINIUM MAP, NO. 32127, RESIDENTIAL DESIGN REVIEW NO.
2004-05, CONDITIONAL USE PERMIT NO. 2004-14.AND
MITIGATED NEGATIVE DECLARATION NO. 200440 FOR THE
"LAKEVIEW VILLAS".
b. Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of
forty feet (40) apart and at least twenty-four-inch (24") box in size.
c. All planting areas shall be separated from paved areas with a six inch (6") high and six inch
(6") wide concrete curb.
d. Planting within fifteen feet (15~ of ingress/egress points shall be no higher than thirty-six
inches (36").
e. Landscape planters shall be planted with an appropriate parking lot shade tree to provide for
50% parking lot shading in fifteen (15) years.
f. Any transformers and mechanical or electrical equipment shall be indicated on landscape
plan and screened as part of the landscaping plan.
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g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all
requirements of the City's adopted Landscape Guidelines. Special' atrention to the use of
Xeriscape or drought resistant plantings with combination drip itrigation system to be used
to prevent excessive watering. .
h. All landscape improvements shall be bonded 100% for material and labor for tWo years from
installation sign-off by the City. Release of the landscaping bond ~hall be requested by the
applicant ;1t the end of the required tlyo years with approval/acceptance by the Landscape
. Consultant and Community Development Director or Designee.
i) All landscaping and irrigation shall be installed within affected portion of any phase at the
time a Certificate of Occupancy is requested for any building. All planting areas shall include
plantings in the Xeriscape concept, drought tolerant grasses and plants.
j) Final landscape plan must be consistent with approved site plan.
k) Final landscape plans to in~lude planting and irrigation details.
41. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof
shall be presented to the Chief Building Official prior to issuance of building pennits and final
approval. '
42. Prior to issuance of building pennits, applicant shall provide assurance that all required fees to the
n Lake Elsinore Unified School District have been paid.
P:\Lakeview Villas\PC Conditions of Approval.doc
AGENDA ITEM NO. d I
PAGe~OfI&o
CONDITIONS OF APPROVAL
FOR
GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE U
CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO.
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE
"LAKEVlEWVILLAS". .
43. Prior to issuance of building permits, applicailt shall provide assurance that all requirements of the
Riverside COWlty Fire Department have been met. '
44. Prior to issuance of building permits, applicant shall pay park-in-Iieu fee in effect at time of building
permit issuance.
ENGINEERING.
45. The applicant shall provide for storm drain detention per the Riverside COWlty Flood Control
District sizing method.
46. The applicant shall convey all slope drainage to street or storm drain system. The system shall
intercept storm or irrigation run-off from encroaching into the buildings.
47. Grades of the streets shall meet with Fire Department requirements.
48. Parking shall not be allowed in any of the drive aisles except at designated spaces.
. . ,) , , .
49. The applicant shall install provisions to convey off-site water to the public storm draiO. system.
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5q. All storm drain inlets shall be of sufficient size to, capture surface drainage and convey to the
~dergroWld storm drain system. Water shalll;lot "over shoot" the cat<;:h basin inlets. .'
51. The applicant shall pay all development fee~, including area drainage fee, Traffic Impact Fee (TIF)
and Transportation Uniform Mitigation Fee (TUMF).
52. The applicant shall provide a drainage plan including hydrology and hydraulic information.
53. All Public Works requirements shall be complied with as a condition of de;elopment as specified in
the Lake Elsinore Municipal Code (LEMC) prior to issuance of building permit.
54. UndergroWld water rights shall be dedicated to the City pursuant to the provisions of ~ection
16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal
Water District.
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55. The applicant shall pay all Capib! Improvement and Plan Check fees (LEMC 16.34, Resolutjon 85-
~ .
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56. The applicant shall submit a "Will Serve" letter to the City Engineering Division from ~e applicable
water agency statiog that water and sewer arrangements have been made for this project. Submit U
this letter prior to issuance of building permit.
P: \Lakeview Villas \PC Conditions of Approval.doc
AGENDA ITEM NO.
PAel: '1'J:
2\
OF .-L~
CONDITIONS OF APPROVA..L
n FOR
, GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07; TENTATIVE
CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO.
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE
"LAKEVIEW VILLAS".
57. The applicant shall construct all public works. improvements per' approved street plans (LEMC
12.04). Plans must be approved and signed by the City Engineer prior to final map approval
(LEMC 16.34).
58. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer.
Improvements shall be designed and constructed to Riverside County Road Department Standards,
latest edition, and City Codes (LEMC 12.04 and 16.34).
59. The applicant shall enter into an agreement with the City for the construction of public works
improvements and shall post the appropriate bonds prior to issuance of Building Permit.
60. Interior streets 'shall be designed to. comply with Caltrans sight distance requirements for all
intersections.
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61. The' applicant shall pay all fees and meet requirements of encroachment, permit issued by the
Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution
83-78).
62. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8
%" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public
works improvements will be scheduled andapproved.
63. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a
location to be determined by City Engineer.
64. The applicant shall obtain all necessary off-site easements for off-site grading' from' the adjacent
property owners prior to final map approval. ' .
65. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the
'roadway or alley shall be the responsibility of the property owner or his,agent.
, , '
66. The applicant shall provide street lighting' and show lighting improvements as part of street
improvement plans as required by the City Engineer.
67. The applicant shall install blue reflective pavement markers in the street,at all fire hydrant locations.
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68. The applicant shall submit a traffic control plan showing all traffic control devices for the tract to be
approved prior to final map approval. All traffic control devices shall be installed prior to final
inspection of public improvements. This includes No Parking and Sti:eet Sweeping Signs for streets
within the tract.
P:\Lakeview Villas\PC Conditions of Approval.doc
AGENDA ITEM NO. ~ \.
PAOE~~OF, I blo
CONDITIONS OF APPROVAL
FOR
GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE U
CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO.
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE
"LAKEVIEW VILLAS".
69. All utilities except electrical over 12 kv shall be placed underground, as approved by the ~erving
utility.
74. Prior to commencement of grading operations, applicant to provide to the City with a map of all
proposed haul routes to be used for movement of export material. Such routes shall be subject to
the review and approval of the City Engineer.
75. The applicant shall provide to the City a photographic baseline record of the condition of all
proposed public City haul roads. In the event of damage to such roads, applicant shall pay 1iill cost
of restoring public roads to the baseline condition..!Abond may be required to ensure pa~ent of
damages to the public right-of-way, subject to the approval of the City Engineer.
, "
'- ',.' i
76. On-site drainage facilities located outside ,of r?ad right-of-way should be contained within drainage
easements shown on the final map. A note should be added to the final map stating: "Drainage
easements shall be kept free of buildings and obstructions". .:,
77. All natural drainage traversing site shall be ~onveyed through the site, or shall be ~ollect~d and
conveyed by a method approved by the City Engineer..
78. The applicant shall meet all requirements ofLEMC 15.64 regarding flood hazard regulations. "
79. The applicant shall meet all requirements ofLEMC 15.68 regarding floodplain management.
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P:\Lakeview VilIas\PC Conditions of Approval.doc
, ;~
AGENDA ITEM NO. .2\
PAGE.;,.;"'1,lf.:..-OF _t3lo
CONDITIONS OF APPROVAL
n FOR
, GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE
CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO.
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DECLARATION NO: 2004-10 FOR THE
"LAKEVlEW VILLAS".
80. The applicant shall provide FEMA elevation certificates prior to certificate of occupancies
81. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City
Engineer and the Riverside County Flood Control District prior to approval of, final map.
Developer shall mitigate any flooding and/or erosion caused by development of site and diversion
of drainage.
82. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain
system, the wording and stencil shall be approved by the City Engineer.
83. Roof and yard drains shall not be allowed to connect directly through cuts in the street curb. Roof
drains should drain to a landscaped area when ever feasible.
84. Ten (10) year storm runoff should be contained within the curb and the 100 year storm runoff
should be contained within the street right-of-way. When either of these criteria is exceeded,
drainage facilities should be installed:
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85. The applicant will be required to install BMP's using ,the best available technology to mitigate any
urban pollutants from entering the watershed.
86. The 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 WQMP for post construction which describes BMP's that will
be implemented for the development including maintenance responsibilities.
87. The applicant shall obtain approval from'Santa Ana Regional Water Quality Control Board for their
storm water pollution prevention plan including approval of erosion control for the grading plan
prior to issuance of grading permits. The applicant shall provide a SWPPP for post constnlction
which describes BMF's that will be implemented for the development and including maintenance
responsibilities.
88. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the
development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness
education materials on good housekeeping practices that contribute to protection of stormwater
'quality and met the goals of the BMP in Supplement"A" in the Riverside County NPDES Drainage
Area Management Plan.
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89. The applicant shall provide first flush BMP's using the best available technology that will reduce
storm water pollutants from parking areas and driveway aisles.
P:\Lakeview Villas\PC Conditions of Approval.doc
AGENDA mY NO.
PACiE-.J~
.;)\
OF \,Sto
CONDITIONS OF APPROVAL
FOR U
GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE
CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO.
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE
"LAKEVIEW VILLAS".
90. Intersection site distance shall meet the design criteria of the CAL TRANS Design ManruU (particular
attention should he taken for intersections on the inside of curves). If site distance can be
obstructed, a: special limited use easement must he recorded to limit the slope, type of landscaping
and wall placement.
COMMUNITY SERVICES DEPARTMENT
91. The applicant shall pay park fees of$1,600 per unit.
92. All "Common Passive Open Space Areas" shall be maintained by the Home Owner's Association
(HOA). ' . .
93. All recreation facilities and park areas shall be maintained by the HOA.
!
94. No park credits shall be given for private recreation facilities, park areas or common passive open
space areas.
95. The HOA shall maintain all private roads.
"
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96. The HOA shall maintain all catch basins, collectors, v-ditches or any other related flood control or
storm water control device.
97~ The H OA shall maintain all perimeter, entry and interior landscaping.
98. The HOA shall provide all graffiti removal. "
99. The City's Landscape Architect shall approve all landscaping plans prior to installation.
100. The applicant shall comply with all City ordinances regarding construction debris, removal, and
recycling as per Section 8.32 of the Lalre Elsinore Municipal Code.
101. Developer to design multi-family recycling plan.
RIVERSIDE COUNTY FIRE DEPARTMENT
'i'
102. The applicant shall comply with all conditions of approval of the Riverside County Fire Depa.i:ttnent
(See Attached). '; ,
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P:\Lakeview Villas \pC Conditions of Approval.doc
A(iEMOA ITEM NO,
....,.,0:7("
~ ,
~}
OF ' \3l-e-
-.
n
CONDITIONS OF APPROVAL
FOR
GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE
CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO.
2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND
MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE
"LAKEVIEW VILLAS".
CONDITIONAL USE PERMIT NO 2003-08
103. The Conditional Use Permit approved herein shall lapse and shall become void Qne (1) year
following the date on which the use permit became effective, unless prior to the expiration of one
year, a building permit is issued and construction commenced and diligently pursued toward
completion on the site.
104. The Conditional Use Permit shall comply with the all applicable"requirements of the Lake Elsinore
Municipal Code; Title 17 unless modified by approved Conditions of Approval.'
105. The Conditional Use Permit granted herein shall run with the'landand shall continue to be valid
upon a change of ownership of the site or structure which was the subject of this approval.
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106. The applicant shall defend (with counsel ~cceptable to the City), indemnify, and hold harmless the
City, its Official, Officers, Employees, and Agents from any claiin, 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 hoards~ or legislative body concerning the Conditional Use
Permit/Design Review C 200~-07, which action is brought forward within the time period provided
for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code
Section 21167. The City will promptly notify the Applicant of any suchclairn, action, or proceeding
against the City and will cooperate fully with' the defens~. If the City fails to promptly notify 'the
Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to
defend, indemnify, or hold harmless the City. " '
107. Prior to final certificate of occupancy of the Conditional Use Permit, the improvements specified
herein and approved by the Planning Commission and the City Council shall be installed, or
agreements for said improvements, shall be submitted to the City f~r approval by the City Engineer,
and all other stated conditions shall be complied with. All uncompleted improvements must be
bonded for as part of the agreements. ,
108. The applicant shall at all times comply with S~ction 17. 78 (Nois~ Control) of theGke Elsinore
Municipal Code which requires noise or sound levels to be below 50 decibels between the,hours of
7:00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby
residential areas.
109. Security lighting shall be required. All exterior on-site iightingshallbe shielded and directed OIl-site
so as not to create glare onto neighboring property and streets or allow illumination above the
horizontal plane of the fixture. '
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P:\Lakeview Villas\PC Conditions of Approval.doc
AGENDA t1EM NO. d \
. PAGE.::r1-Of .\3ltl
nUY-I0~Ui InU j.~L fm At' ~V rlA~ fu~
tAl BU. ~U~~~~~~tlb
f. ,
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11/H\/04
lS:45
.'. lliv.erai.de Count;y_LMS"
CONDITIONS OF APPROVAL
Pa.9<'": . 1
PATIO PF.RMIT Permit No: FIRECONDS
. Parce~:
10. GENERAL CONDITIONS
FIRE DEPARTl'fE\"lT
lO.F1RE_ I
CASE - CITY CASE" STATW.N 1 .
...,j'-
DItl<F'F-
LE-.~M 32127
, , ~l
F:tS-TNOP.f:" r,/<KE'v"IEW ..~
. LA1<F. ELSINORE. CA, .
-'.
wi t.t ,Le,sfl"ct _ !:o..1:.fie ..conditions .o~, ..i!j;!prOva:L for trn.-
r'ef t'orel1,ced prqj~t.bJ:;l!,e. Fire Dep~rtltlent reconmiends the'
fnHr.>rincr H:.-..-,Ii''''''*'.....'';.~''Lme_-.,ea--~~J4ed-"i'il' ,
acc'-'Idarii::e" wi:tlLll.-ive.:s-ide ..counqr:__~lance" -andtor .
Iec:C!Jnizea fi"re proteceron standards-,C'.
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lll-f.'IRE. ;.,
USE-iSO-BLuE DOT 'REFLECTOR,
DRAFT
all)@.. rct:roref]:e.c:ti~,..pavemen~ ;marke_rs .sl1all be: IlIvu.uLd on-
p"i v;>te st1;'ee~.mm;Li1; Btreets and drivewa}l'!it:oiridicate
, le.-,don- at- f:i:~:Jiydi:-_-s. Rc'i_ teo- i-A&taUatt'ffiF;'p-la<:<ime~
01 "..rker." must be approvea--Jjyth,,'''Rlvers'iae county"i "e '
, rr"p"rtlnen,t." '.; ,
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111.FIRE. ~1
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USELII23-MIN REQ F:rRE;F'L()W"
"
DRJWi'-
Mill"mum requir~,fiIlL.fJ.o... shaU,l>e-.~.llQO.Gl'M. for a~, hour,
durilt:ion at 2tr- PSI' .I.e::J;',au~l- ,~.c~~L~~.~.9_-:_p-r-eS-sttre-;__ wftieh- ~
b~' "vailable before "",y'coiiiliustTb1.e mat:er'i.aJ::'lsp1:ac-eo un
tl= tob- sHe--,1F'll'e-f'Im<-:-:is.:baaed'6tt 'ttt>e-~1l'li' """n"'TUcbon
, pc-.- the -20 Ur'CIlC''aM'1fui1'di-n9't.;,) ,"hmfing",..."f1're "1'< ';'"ki-er"-'
:J-l'S-4"' '
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lO_F'IRi;, 1
,USE-lf19 -ON/OFYrooPEIJimT
VRM"l'-' ,
1\ c'ombination, .ot"on"!,~,Al1lLoff,,.si.t.~.s~r. 4~e. hydrants.
on " looped ,'#)CStem__.,{b""x~"XZ .,J;/7"x2.- 1:/Z"-L wH:l' be- Jcoeatoo.
l1ot: le~s ,t.han, ~,J~~t" or more ,than 16S'feeffrolll allY'" , ".--
p6r!. iOI1 at-.tm.- btt-i-:fiitlig- as: measuFeG- a-1OO9"~ ., .,
ve;,icular u:;>,i.eL'wai,\l:;:',;:.The,:_~+l!,cr~'f'lotr"stl<Fl'l~~
-lvil,IabTe from anya:dj-a-cent;-hydrantsh'~ ,in ,the-',sys-t:e~,
"
lO.FIRE. s
TJ,SB..,lI;l.SdaTE, EN'l:RANCEEL
DRAFT
, '
"
Gilt_" entrances shall be at least 'two -feet',.,3.acr tnan.the '
width or' tire- traf.He- :rane-fal' :ser~t;IIat''POt'e ' , ll}:qC'ga:t:a' "
pY 0viding acc.e'ss.- frdnt'.Er-~roa,,-"eC1'.~"':di:i. V~"~y ""-stRI-1/1-c;,e-::.',:hJ,--_t..._,i \
at: !cea..qt.''l5i'feabf'i:'<lRi'';r-l:le::ro~~$,a-~lj;),Qpen'''-'~ a
velli cIe to stop without obstructiIlgtrafficurr"the'-road','
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"
AGENDA ITEM NO. d..\
PAGE, ?1,~- , OF::\?i IJ -
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f.j
tllY ~U IIH fbl\
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CONDIrtOl'lS-oF APPROVAl>
,=, ;~1~; 2
-';,c.
s
o PERMIT Permi~ No, FIRECONOS
Parcel,
GENEnAL CONDITIONS
lC.F'(RE. S
USE-#2S-GATE ENTRANCES (cont.r
~
When, a one,.W<>.J!Croa4.ddth. a. single.,t~fil';.,lane PW:v.i.d<o'"
aeC(~~l~ ~9,a gatpe.~aea:'1...~~o.foot;"~u~..;...a~~l
be used - .-. -:-
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lO.frllE, G
USET -ft8111'HW'I'O',fMAN ~
aRAPT-
G..~" C,,) shaIJ~"",,"~m~tic ~a..eq.;illlinimIl.ll\2j\.1;""t".i". .
. ,wl.ft<ri;:wit>ij. . '''~Ck..a.r;~~.~ p-r=<af:_~H.......,,:,
..1 j ""', qate- "i>E:Pess-'~ ~f'<J!1!P~;~. a ,,rag,id.JW.t.ty'H"" .
.!'ly:n...>",; .P(ana_Bfi;olI be. ~\l~Stl!'d' t;U,tite"FTI:e-~"'Lt.~!" ~'
.~~~:;,,~~::~~~~~n:~~~"'~:~~;;~~.~~'-~
QQllll$.. AUt.~9~. !'h;oP ..!)e'..I!~,i,BRI!~ ,,!ith.emer9l'nc~...
. ..b"",irit(T. power-. ~ actbr",*,~J;>i:-t'!l,~.~. 1mS';0" ~ys-Eefll'-I
/"""-.. ,.1-0.. IT remain ,,~tl'UJ>t.j,l...cl:oll&.d ,by" ~~",r~.el\,try sy,\!t"ip.
r \ (cun'enE p:an checkdl!POs:tt~'fl!'e"tg-$'lU:~l:' ..
PRIOR '1''' 1;1.00 PRMT ISSUMlcE' .
FikE DEPARTMElfI'
80, FIRL1
USR= ItInt~ BUJG':PLAN 'Cf!EClC' $'
.-
Bu; 1di"9 PlalLcheck,deP.QlI,i;~,bas:el'e:"of$l; 0'56.00\ shall. be
pa id 11: .ache<::k- -or- ~:J'"atder;':tOCthec)ti.&rGid", €:OUI'!tf'- ~e'
Depart1l\enta.fte,r plans,hal1e-been approveaoy our' 'Office,",
._,,;,'" .
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~,. - ""
="lfFjiA"fEl{"PtiI\N$- .
BRl\F'l'-
fiG.F1RE. .2
ThE' app] ic~4=-de"e)~.~~,,+1.,,-ep~a\:elY.S)1bct\it two
copies of' til....Wt:er'.system::pl'anit- te- the- F'ire-.llepiH'tment ~..,
revi ew and amiroval. -CiiTCUlate<rif€lUC'i't'niif'SlilITl -nat''l!Xcee1i'"
10f""",p<;i'p.;;0titE:,~;"nil1 "."l.;Ott~m' 1:'0.' tli<i':ff~~ra",t",
types; '~oc.it:iQ!i~~~;c"#ftd.~,,,. ~le",.~.~ke!-!
tire n!,>wr{'\l-,"i'.;.,,~.':~l~'" ~~~~,..*~..~ ''''''4~i>pp<Y''1''~~i.
by a r~~fiste~ ,,~'i~~11.~~~9'rp.r,_~'~r 1:;fip~.IctiJ;-,"lrlatt:-I:~;J~~j
wit~, tt~" ~.4~t~; ~;9.-r~r~~ ~~-S~.~.4,~.,'~"~,:,::~ _.:'~."i-~.~,~.;~.j~r~,~.J. y.... :-}:.J].."._ ,t.'"-k_:..-~.~
,;oelW.g!\., OF .t:lkL_!=SX"-~'lf~~~ tiiiJlll-~_4
.... .+eq\1.i,l;e.,"!1:PX~Rres'cribeq-byt.he: ~~ve,m1:le .Cpttp1:y Fi~
D~Y-:>l,Lll~!1...l;lL- ,.... .q-" ,._,1-'0. ..
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AGENDA ITEM NO. ;J,,'
PAGl=- ~OF \3to
NUV-)ij-U4 rHU j:j4 fM KIV CU IIKH f.H
~l/cj~i(:4
15 :45
I A.l NU. ~U~~jj4ijijb
f. j
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";rr'."'..."ii. ,"'",,"'
._ :pi;~"~'-;": '".:.;.,,~~.{).t.:
J~iv~s1de. .Caunty,.LHS.
COl'4UuIONS OF ~:
PATIO P~MIT PeJ:mit No: FIRECONDS
Parcel: .
90. PRTOR" '~.l BLOC- PINA-L INSPEeTJeN:..
..--....;-.<.~,-'..... .
;L c'n<
~(I.f'lRE. 4:
USE-#63-AUTO{MAN FIRE ALARM (cont.)
irWl.'lllation. - (<;U.rrent. !p1an.-Che.clC_...tb..J'f'"\Qi'f".-base-.--.f:ee ~
$677 .00)
90.!'THr-=:. ~
USE"-ffTT~r;JLl ~NljU.l:=:;tu:.Af)
1 n5\:,-,11 portable fire__exU.nguiMe+~: ,with a, Jtt,lJl3..Jnum rating -
of };/f.- raa-c- and si~~Jtire::~~.s ..l=Red- ~~.J"ibl.k..
a.n~..t:J shall be in':Jr~~L't i_-_~i-neli.S1"mount:.ed..:~-l'~;;-ldnches)' to
~ut.F::'f' above",iloolr, .1eveJ...~-:~....4~~i;ec-r -i~r:\T1--.rbGnr ~,
the wld~._~ont.acL.Rir-e--.,Dep~Tt-~n.f for proper placement of
r:'qtJ~pmenl. prior t:o insta-rlatiorr-.'" .
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Page: 4
DRAFT
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DRAFT
AGENDA ITEM NO.
PAGE $0
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{!itll of .-fakE ELiino7-E
"Dm: City' j, got dlt{ou;"
January24, 2005
Laura Y. Miranda
Miranda, Tomara.& Og..s, LLP.
10755-F Scripps Poway Parkway.
Suite 281
San Diego CA 92131
Faxed:
(858) 777-5765
RE: Notice of Completion and Intent to Adopt a Mitigated Negative Declaration for the
Lakeview Villas Condominium Project, Woodward Interests.
Dear Ms Miranda:
1bank you for your response letter, dated January 9, 2005, regarding the proposed condominium project
known as Lakeview Villas. The Mitigated Neg..tive Declaration (MND) was sent to the Pechang.. Tribe for
the purposes of consulting with the Tribe, and to solicit comments regarding the potential impacts to tribal
resources. As you know the Public Review period for the intended Mitigated Neg..tive Declaration ended
on January 10, 2005. Considering this, staff had provided a public notice for the J anUary 18, 2005 Planning
Commission date. However, considering the comment letters received from your office as well as other
agencies, staff has decided to continue this project to the Febtwlry 1, 2005 Planning Commission meeting
in order to provide adequate response and to effectively address any ind all comments and or concerns
related to this project. For your information, the Lake Elsinore Municipal Code also requires City Council
approval for projects of this magnitude. . .
Although, it was indicated in your letter that the surface "walk-over" may have been poor due to
obstruction from vegetation and that the mitigations were insufficient considering the resources Within a
1 /2-mile of the project area, because of the Cultural Resource Assessment (see attached), the City of Lake
Elsinore believes the Mitigated Neg..tive Declaration and Mitigation Monitoring Program, adequately
disclosed the issues related to the Pechanga Tribe. .Albeit, although we.agree that the approach~o this
project would be to revise the Mitigation Monitoring and Reporting Program, the City and the applicant
respectfully prefers that the mitigations # 7 and #8 should read as follows:
MM7 All earth moving activities within the project area shall be monitored by a qualified
archaeologist. It is also recommended that a representative of the Pechanga tribe
be present during earth moving activities. The City and Applicant are not
responsible for the cost associated with the tribal representative. In the ease that
resources are detected during constrUction activities, the remaining mitigation
measures shall be implemented, in conjunction with consultation with the
Pechanga Tribe, to ensure that impacts would remain less than significant.
130 .douth d'(ain .dt..;d, fake El'inou., M 22530 'Je.le.pf.onc.: (909) 674-3124 9ax: (909) 674-2392
P:\Lakeview VilIas\Response Letter to~EIl'..tno'tE..ot9. .
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AGENDA ITEM NO.
PAOE-.:"rh
OF
Scott Woodward, Woodward Interests
January 13, 2005
Page 20f2
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RE: Elsinore Lakeview ViUas
MM8. If cultural material (Native American or historic artifacts) are identified during
monitoring, further research would be necessary to determine local significance.
The archaeological monitor shall have the authority to halt or divert construftion
activities in the vicinity of the find. If the tribal representative determines' that
construction should be halted or diverted, he/she must coordinate tluongh the
archaeological monitor. The archaeological monitor shall contact the City
immediately. The City, with the tribal representative input, shall make a
determination regarding significance of the find, and shall make a detennin~tion
regarding the need for additional mitigation measures to address the resources.
Please be assured that staff will endeavor to be attentive to all issues raised. If you have any questions
regarding this letter, please do not hesitate to contact me at (909) 6743124 at extensionZ23 or e-mail!lle at
Rpreisendanz@lake-elsinore.org.
Sincerely,
CITY OF LAKE ELSINORE
www.lakecelsinore.org
u
~.wo~~
':r
Rolfe M. Preisendanz
Senior Planner
Cc:
Robert A. Brady, City Manager
Armando G. Villa, Planning and Code Enforcement Manager .
File" .
Attachment
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P:\Lakeview Villas\Response Letter to Pecbanga.doc
AGENDA ITEM NO.
PAGE .'8' ~..
Q\
OF \IN:>
City 'of ..fake ,E[iiJ2o~e
"ek C!it:J'~ gofd{o~" .
January 25, 2005
Mr. Hideo Sugita
Deputy Executive Director
Riverside County Transportation Commission
Riverside County Regional Complex
P.O. Box 12008
Riverside, CA 92502-2208
Subject:
Project
Initial StudylMitigated Negative Declaration for the Lake View Villas
Dear Mr. Sugita:
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Your letter dated January 6, 2005, regarding traffic impacts of the proposed development
for Lakeview Villa's project in the Railroad Canyon Road/I-15 Freeway area has been
reviewed. The City of Lake Elsinore has planned and taken steps to relieve existing and
future traffic delay and congestion in this area
An interim improvement has been designed to add an eastbound travel lane to Rllilroad
Canyon Road between the southbound ramp intersection and the Grape
Street/Summerhill Drive intersection. This lane will end at Grape Street as a right turn.
only lane. The intersections at the northbound off and on ramps and southbound off ramp
will be widened to accommodate more lanes. Construction is anticipated to start in the
next few months.
The above described improvements will add capacity to the existing road system for the
next few years.
A long term solution is also being pursued. Plans to redesign and then reconstruct the 1-
15 freeway interchange at Railroad Canyon Road were started several years ago. In order
to move ahead with our plan, the City must comply with Caltrans and FHW A procedures,
which require several studies that take years to conduct.
n
The City has conducted and has an approved Project Study Report (PSR), the first step of
the required procedure. The next step is the Project Report (PR) and the City has chosen
a consultant to start this step. The new interchange configuration and footprint will be
established and the draft environmental study completed. After this step plans,
specifications and estimate will be completed and then constrUction can start. We believe.
that construction can be started in five years.
130 douth c:A1C1ln diud,.rtk CUlno'&, t:!dI92530 'JiliphcfU: (909) 674-3NiJ~&Tf~ 671l-2392~r
. www.takr.-&Ulnou.o'9 . '~""rP~:-],3,"OF~
The project has been condition to pay fair share interim improvement costs in addition to
the standard TIF and TIJMF fees. It may be possible to use the project's TIJMF toward
the interchange improvement.
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If there are any questions, piease contact Chuck at extension 245 or Ken at 244.
Sincerely,
~~
City Traffic Engineer
;L~~ T~-
Ken Seumalo
City Engineer
Cc: Bob Brady, City Manager
Rolfe Preisendanz, Senior Planner
Wendy Worthey, .HDR
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AGENDA ITEM NO. . Q.I
. IWJI;. _~'lCJ- OF 12U>
(lit!} of l!akE Eti'['nO,[E
, "0= City', got d/I1o'U:" .
January 25, 2005
Dan Lovingier
Manager, Facilities Services
Lake Elsinore Unified School District
545 Chaney Street
Lake Elsinore, CA 92530
"
RE: Lakeview Villas
Dear Mr. Lovingier:
Your letter dated January 3, 2005, regarding traffic impacts of the proposed development
for Lakeview Villas in the Railroad Canyon Road/I-IS Freeway area has been reviewed.
The City of Lake Elsinore has planned and taken steps to relieve existing and future
traffic delay and congestion in this area.
n
An interim improvement has been designed to add an eastbound travel lane to Railroad
Canyon Road between the southbound ramp intersection and the Grape
Street/Summerhill Drive intersection, This lane will end at Grape Street as a right turn
only lane. The intersections at the northbound off and on ramps and southbound off ramp
will be widened too accommodate more lanes. Construction is anticipated to start in the
next few months.
The above described improvements will add capacity to the existing road system for the
next few years.
A long term solution is also being pursued. Plans to redesign and then reconstruct the 1-
15 freeway interchange at Railroad Canyon Road were started several years ago. In order
to move ahead with our plan, the City must comply with Caltrans and FHW A procedures,
which require several studies that take years to conduct.
The City has conducted and has an approved Project Study Report (PSR), the first step of
the required procedure. The next step is the Project Report (PR) and the City has chosen
a consultant to conduct this step. The new interchange configuration and footprint will
be established and the draft environmental study completed. After this step plans,
specifications and estimate will be completed and then construction can start. We believe
that construction can be started in five years.
n
130 douth c:;Ili(ain dltut, J'.ake. E[,inou., Cd! 92530'Jdephone: (909) 674-3124 Sax: (909) 674.2392
www.lake-e[,inote.ot;} . AGENDA ITEM NO. a.\
PAGE W OF .\ ?:::J..p
The project has been condition to pay fair share interim improvement costs in addition to
the standard TIF and TUMF fees. TUMF may be used toward the interchange ()
improvement.
If there are any questions, please contact me at ext. 244 or Chuck Mackey at extension
245.
Sincerely,
$- cf -d-~
Ken A. Seumalo, P.E.
City Engineer
cc: Bob Brady, City Manager
Carol Donahoe, Planning Consultant
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AGENDA ITEM NO. ~\
. Pia irti~OF j1:J.J
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MIRANDA, TOMARAS & OGAS, LLP
I075S-FSCRIPPS FOWAY FARKWAY 11281' SAN DIEGO, CALIFORNIA 92131
TEI.EPtIONE(858)~ . FACSIMILE (858) 777-5765 . WWW.MTOWl.AW.COM
Janwuy 9, 2005
Submitted via Fac:simile to (951\ 674-2392
Mr. Rolfe Preisendanz, Senior Planner_
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
RE: Comments on behalf of the Pec:hanga Tribe re: tbe Notice of Complenon and Intent
to Adopt a Mitigated Negative Dec:IaratioD for tbe Lakeview Villas Projec:t-
Dear Mr. Preisendanz,
We submit these comments on behalf of the Pechanga Band of Luiseiio Mission Indians,
a federally recognized Indian Tribe (hereinafter, the "Tribe"). We request that these cominents
be included in the official record for the approval for this Project, and formally request, pursuant
to Public Resources Code ~21092(b)(3), that the Tribe be notified and involved in the CEQA
environmental review process for the duration of the Project, including notices of all public
hearings for this Project.
The Pechanga Tribe's-primary concerns regarding this Project stem from-the faCt that this
Project may impact Luiseiio cultural resources and Native American remairi$. 'fI1e-Pechan$l
Ttibe is concerned about both the protection of unique and irreplaceable cultural resources, such
as the Luiseiio village sites, ceremonial sites and sacred sites which may be displaced by ground-
disturbing work on the project. The Tribe is also concerned with the proper and-lawful treabnent
of cultural items, Native American human remains and sacred sites that may be impacted in the
course of development
The entire Project area itself is part of the Pechanga Tribe's aboriginal territory.
Consequently, it follows that cultural items, sacred cultural items, and Native American remains
that are impacted by development of this Project area are directly affiliated with the Pechanga
Tribe. As such, the Tribe has a legal and cultural interest in working with the Lead Agency and
the Project Applicant to ensure cultural resources are treated with appropriate dignity and
lawfully.
CULTURAL RESOURCES IN AND AROUND PROJECT. AREA
Although the Initial Study states that the cultural resources assessment yielded negative
results for cultural resources within the Project area, it is noted that the visibility conditions
AGENDA ITEM NO~
PAGE '_'6-7 .
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OF_-,-\ --:l,l 0
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JAN 09 '05 21:19
19096931502
PAGE. 02
January 9, 2005 Comment Letter to City of Lake Elsinore
Re: Comments on behalf of the Pechanga Tribe re: the Notice of Completion and Intent to Adopt
a Mitigated Negative Declaration for the Lakeview Villas Project
~2 U
during the Phase I surface walk-over were poor due to obstruction from vegetation, and as such.
a true and accurate understanding of the resources was likely not accomplished through this
waik-over.
A standard assessment would also inciude.the consideration of resources that are within
I-mile radius of the Project area In this instance there is a concentration of rEi()rded sites within
approximately a Yo -mile of the Project area In addition, it is well known that the area known ,
today as Lake Elsinore is a tradition31 religious area for the Tribe, with many sacred areas
located within the City, but this was not mentioned or assessed.' Furthermore. there are nearby
village sites in the area of the Cottonwood Canyon. ".' '. "" .
The Initial Study assessment of impacts to cultural resources makes no mention of these .
sites or the nature of these sites. The Tribe asserts that such information has to be considered as
it may likely dictate whether subsurface resources will be discovered during the gJj()\!flg~,. .
disturbing activities performed in conjunction with this Project, an impactthaHI191~ldJ)e,
considered pursuant to the CEQA. Moreover, since the poor visibility of the surface waIk-over
likely affected the results of this survey, it would be prudent, and possibly legally warranted, for
the City to consider other avenues of identifYing, understanding and assessipgti)<:reSQprc;es ~
may exist on the Project property. ' . . .'
INVOLVEMENT OF AND CONSULTATION WITH THE TRIBE
It has been the intent of the Federal Governmentl and the State of Californi~~ ttll'~~~ll11'
tribes be consulted with regard to issues which impact cultural and spiritual resources, as weIl as
other governmental concerns. The responsibility to consult with Indian tribes stems ,frQlp.'t4e.
unique government-to-government relationship between the United States and IndillllJri\1es. ..This
arises when tribal interests are affected by the actions of governmental agencies"IUl~Jlar:tm\lnts
such as approval of this Project through the CEQA process. In this case, it is Ul14illP\lteli.!pat the
project lies within the Luiseiio tribe's traditional territory. Therefore, in orderJPSPlI1pty with
CEQA and other applicable Federal and California law, it is imperative that thepty llll9,'
applicant consult with the Tribe in order to guarantee an adequate basis of~owle4ge.fQ,rll!1 '.'
appropriate evaluation of the project effects, as well as generating adequatemitigati~n'we3sWes'
Given that Native American cultural resources will likely be affected by the Project. the
Pechanga Band requests it be allowed to be involved and participate with the City and applicant
in developing all monitoring and mitigation plans and conditions of approval for the d~onof
the Project. California Public. Resources Code ~~ 21002, 21003.1, 21080 and 21081: . ,'. . .
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I See Executive Memorandum of April29, 1994 on Govemment-to-Govemm<:ni"
Relations with Native American Tribal Governments and Executive Order ofNo\ieih~I'6,ZooO
on Consultation and Coordination with Indian Tribal Governments. - ',"" ;,'. ;"
2 See California Public Resource Code ~5097.9 et seq.
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AGENDA ITEM NO. . ~ I -
PAGE :I ~ . Of \:?J.:p_
JAN 09 '05 21:20
19096931502
PAGE. 03
()
January 9, 2005 Comment Letter to City of Lake Elsinore
Re: Comments on behalf of the Pechanga Tribe re: the Notice of Completion and Intent to Adopt
a Mitigated Negative Declaration for the Lakeview Villas Project
Page 3
In addition, according to the California Public Resources Code ~5097.9g, if Native
American human remains are discovered, the Native American Heritage commission must name
a "most likely descendant," who shall be consulted as to the appropriate disposition of the
remains. Given the Project's location in Pechanga aboriginal territory, the Pechanga Tribe
intends to assert its right pursuant to California law with regard to any Native American human
remains or funerary items discovered in connection with the development of this Project
REQUESTED MITIGATION
ri\fl i:~ ~:'~: ::td;J:>~
Pursuant to the information provided above, the Pechanga Tribe reque~,that the
mitigation measures specifically commit to the inclusion of the Pechanga Tribe!lS<l partl)erin
negotiating the mitigation and conditions for the Project; that it call for Nat,iye.4merican.,'
monitoring of all ground-disturbing activities; and that it commit to requiring,a;r.J;e~eI!!', ,.,,"",
Agreement for all cultural resources and Native American human remains,iQcluding.,in~vertent
discoveries, that are uncovered on the Project property. . ,
;I.." ..."
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As such we request the following two (2) changes to the proposed mitigation l,Il~ures
for this Project:
1) Mitigation M~asure MM-7 call.s for an ~cheological monitor. !he Tri~,r$H~~,~tth,e
measure require a Pechanga Tnbal momtor as well. Archeologtcal momtof\l1g ~s not .
mandated as one of the mitigation options under CEQA, however many lead agencies
recognize archeological monitors and not tribal monitors, when thereiUIQJega(basis.for
this distinction. It is not only legally permissible to require tribal mOl1j.to~,.,by,Ht i~a.
prudent policy decision, given the Tribe's interest in cultural resoUf~.s.lnllRflWol1, the
Tribe has an interest in these resources that is different from thePrQjI1Q~~W~e'QI?glsJ~
the Project Applicant, which is a recognizedval';lc: under the CEQA <Cal, .l'ub,R~., C "
~21082.2(c)), and should betaken into account by the City. Because the City h311made a
policy decision to require archeological monitoring for this Project, the Tribe jx:li\:re.s.it
is only fair and just to require tribal monitors as well. Therefore, we reque.sPhllt1lil\
language be changed to the following: ' ,,',
"
"Monitoring of an earth moving activities within the project a~ 1.t,Y !l
qualified archeologist and representatives of the Peehanga Trib~;~;,' .'
recommended; However, in the case that resources are de~ectecld!lri~g
construction activities, the remaining mitigati9n measuress,"l,lm~e,; ,.' ,"
implemented, in conjunction with consultation with the I.'~"~~;a:rri~;t~
ensure that impacts would remain less than significant. "" "
.,.,
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AGENDA ITEM NO. ,;1\
MiIL~:lq _OF~3.tp_
JAN 139 '05 21:20
19096931502
PAGE. 04
January 9, 2005 Comment Letter to City of Lake Elsinore
Re: Comments on behalf ofthe Pechanga Tribe re: the Notice of Completion and Intent to Adopt .
a Mitigated Negative Declaration for the Lakeview Villas Project
Page 4
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2) For the reasons stated above, the Tribe requests that Mitigation Measure MM-8 be
changed to include consultation with the Tribe if significant cultural~ources an;
inadvertently discovered during any ground-diSturbing activities forthis Project. ,Such'
consultation could include a treatment agreement concerning such resources, Therefore,:
we request that the language be changed to the following: . , .
"If cultural material (Native American or historic artifacts) are identified
during monitoring, further research, including cousultation with the
Peehanga Tribe, would be necessary to determine local significance. . The
monitor shall bave the authority to halt or divert construction a~vltil:S in
the vicinity of the fmduntil its signifICance can be assessed, anduntiI
decisions can be made regarding the need for additional mitigation measures
to address the resources." .
. . .
The Pechanga Band appreciates the opportunity to provide comments on thisProjeeL
Working together, on a govemment-to-govemmentbasis, the Pechanga Tribe ,and the City can
preserve and protect the invaluable Luisefioresources within the City's sphere of influence for
the entire community's benefit.
Please contact me with any questions, concerns or further information at (951) 440-4632.
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Sincerely, .
MIRANDA, TOMARAS & OGAS, LI;P" .
h~fVl.'K
VJd;UA' '
LauraY. Mi a
i' Attorneys for the Pechanga Tribe
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JAN 09 '05 21:20
AGENDA ITEM NC;'. .;2.1
PACe'f}o ~"F..ll';'\P-
1'3096931502'''' PAGE.05
LASrr
LAKE ELSINORE UNIFIED SCHOOL DISTRICT
545 Chaney Street, lake Elsinore, CA 92530
951/253-7000 . FAX 951/253-7084
City of Lake Elsinore
Rolfe Preisendanz, Senior Planner
130 South Main Street
Lake Elsinore Ca 92530
;aTY OF LAKE ELSINOH,
RECE'VFO
JAM 0 5 2005
PLANNING DEPT.
RE: Lakeview Villas Condominium Project
('.
Lake Elsinore Unified School District is concerned with the substantial increase in traffic,
which will impact the transportation of existing and additional students to and from
school. The District is concerned about emergency vehicle access to schools through the
already impacted intersection. Grape Street and Railroad Canyon, as well as Casino .
Drive at Diamond Drive intersection operate at LOS "F. The report states that with .
improvements, this area would operate at LOS "D: or better, however, the additional
housing projects in the building stages to the east and west ofI~15 will add more
congestion to this same corridor, The District believes that this area will remain at LOS
"F' when we consider the multitude of projects already planned in the same'general area,
not just Lakeview Villas Condominium Project.
The detailed improvements for each intersection do not alleviate the existing congestion
at the I-IS and Railroad Canyon exit. We recommend that a study be completed to
implement the constrUction of more on/off ramps on I-IS to the south of Railroad
CanyonlDiamond Drive be considered at this time.
Under the provisions of SB50, 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.
We would appreciate your consideration to this matter,
('.
IG
GOVERNING BOARD: Jeanie Conal. Jon Gray . Richard Jenkins. J.D. . Tom Thomas . Sonja Wilson
SUPERINTENDENT: Sharron E. Undsay, Ed.D.
AGENDA ITEM NO. ~\
PAGE.....9.L-OF\~
fflfY
-'--:~';"-~M~_ 1i ~ I
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RiVeNiJe COUnty Regional Compkx
4080 Lemon Stru4 3rtl Floor . RiuemJe, CoIifornia
Mailing Address: Post Offia &x 12008 . Riv=iJe. Califtrnia 92502-2208
. Pho~ (951) 787-7141 . FAX (951) 787-~
~lTY OF LAK
RECE:f.,~~SINORI::
JAil 1 , 2805
PLA .
. NNING OEPt
iversideCounty .'
ransportation Commission
January 6, 2005
Mr. Rolfe Preisendanz
Senior Planner
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Subject:
Initial Study/Mitigated Negative Declaration fof'the Lake View Villas
Project in the 'City of Lake Elsinore "
Dear Mr. Preisendanz:
We received a copy of the Initial Study/Mitigated Negative Declaration (lS/MND) for
the Lake View Villas project in the City of Lake Elsinore and are providing you with
the following comments:
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The project is less than a mile east of the Railroad Canyon Road / Interstate 1 5
(1-15) Interchange. Specifically; Riverside County Transportation Commission
(RCTC) is concerned about the projected increase in vehicle traffic due to Lake
View Villas project improvements and potential effects on 1-15.
RCTe supports the City's requirement for the mitigation measures for the traffic
impacts from the project as proposed in the IS/MND. . Please ensure that all
. . _. . I
proposed mitigation measures are implemented both during and after construction.
Mitigation for regional cumulative impacts should be reevaluated to determine that
all necessary and appropriate measures are included before final project approval.
There are many other residential and commercial development projects in the
project area and RCTe would like to see that all of this ongoing effort is carefully
coordinated. Also, please ensure that you are coordinating directly with Caltrans
concerning 1-1 5 for this project.
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AGENDA ITEM NO. -~ \
, P1a~OF ,tiP -
Initial Study/Mitigated Negative Declaration for the lake View Villas Project in the
City of lake Elsinore
Page -2-
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Should you have any additional questions or require additional information, please
contact the Bechtel Measure "AU Project Coordinator, Gustavo Quintero, at
(951) 787-7935. Thank you _for giving RCTC the opportunity to comment on your
IS/MND.
Sincerely,
<-#I~c- ..
Hideo Sugita, Deputy Executive Director
Riverside County Transportation Commission
Cc: Bill Hughes, Mike Davis, Gustavo Quintero - Bechtel
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V:\FILESlEnviroiunental Reviews Non-Proi!'ct1010605MNDLalceViewVillils.doc
... DA\TEMNO.,~'
AOEN ('\ 1'3> OF \.3:!..P
p~~i ._
City of Lake Ebu.ore
Planning Division
130 s. Maio Stn'et
Lake EIsiaorc..CA 92530
(951)674 ~3124
(951)..411 -1419 flu
CONSERVATION CRITERIA EVALUATION
LAKE ELSINORE ACQUISITION PROCESS (LEAP)
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Project Number:
Lake Elsinore Acquisition Process (LEAP) No. 2005-01
Project Name:
Lakeview Villas Condominiwn Project
Meetine: Date:
JanuaI)' 5,2005 andJanuaty 10, 2005
List of Participants:
Roben A Brady, Connnunity Development Director
Annando G. Villa, Planning and Code Enforcement Manager
Steve Miles, City AttOrney
Ken Graff, Administrator Services Officer
Rolfe M. Preisendanz, Senior Planner
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Project Area:
31.93 acres
Proposed Project Summary:
The applicant is requesting consideration for the design and construction of sixty-two (62)
residential condominiwn buildings, which would contain 155 condominium units and associated
improvements_ Review is pursuant to applicable Chapters in the Lake Elsinore Municipal Code
(LEMq-
. Discussion of Criteria Cells:
According to the Multi-Species Habitat Conservation Plan (MSHCP), the project site is located
within the Elsinore Area Plan. This Area Plan, the County's RCIP Website (see
hup:/ /www.rcip.ore:/maps.htm). and the (MSHCP) Conservation Summaty Repon Generator
Sheet for the Assessor Parcel Nwnbers (APN) identified on AttaChment #1 (see
hup:/ /rcip.or~/PDFlib/rcip/apn search.asp) show that the proposed project is located within
Subunit 4, Proposed Linkage 8 and comprises a ponion of Independent Cell No. 4745 of the
Elsinore Area Plan and is subject to the City's Lake ElsinorF's Acquisilim Process (LEAP). Funher,
proposed Linkage 8 is a major component of one of the two main east -west connections between. U
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Core Areas in the Lake Matthews/Estelle Mountain, Alberhil1 and Cleveland National Forest in the
western portion of the MSHCP Plan. In' compliance with the MSHCP, the City evaluated the
following:
'. Protecti~n of Species Associated with Riparian/Riverine Areas and Vernal Pools
Guidelines
. Protection of ~arrow Endemic Plant Species Guidelines
. Additional Survey Needs Requirements
. UrbanlWildlands Interface Guidelines' ,
. Vegetation Mapping
. Fuels Management Guidelines
Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools Guidelines
, , ,
. I ..
The Lakeview Villas project site is situated nottheast of the intersection of Grape Street and Malaga
Road, in the community of Sedco Hills, Riverside County, California (Figure 1). It is located on U.S.
Geological Survey 75-minute Lake Elsinore quadrangle map in Section 10, Township 6 South, and
Range 4 West (Figure 2).
n
AcCording to the MSHCP, conservation within Cell No. 4745 will contribute to the assembly of
Proposed Linkage 8 and will focus on riparian scrub, woodland and forest habitat associated with
the San Jacinto River and adjacent coastal sage scrub and chaparral habitat. Areas conserved within
this Cell will be connected to coastal sage scrub, riparian scrub, woodland and forest habitat
proposed for conservation in Cell 4938 to the south and in Cell Group' "F" to the east. In
consideration of the footprint for the proposed' project site and as analyzed by City Staff,
conservation in this cell will total approximately 73% or 117.13 acres of the Cell focusing in the
notthwestern and eastern portions of the cell. Futther, thc:M$HCP requires surveys of riparian and
vernal pool habitats proposed t~ be impacted. N() riparian or vernal pool habitats are present on
site. The only other required survey for the project is for the burrowing owl (AtheneatiTiadaria).
Biological assessment entitled "The Lakeview Villas Project Biological Assessment", prepared on
November 12, 2004 by L & L Environmental, Inc. found that no riparian or vernal pool habitats
were present on-site. The site was surveyed for burrowing owls on both Januaty 16 and May 28, ,
2004, with a vegetation map of the site being completed on November 10, 2004 (See Attached). As
a result, the subject survey did not identify any Burrowing Owls.
Futther,vegetation observed ori site consisted~f Riversidean sage scrub'(21.3 acres), non-native
grassland (55 acres) and disturbed habitat (5.1 acres). A small drainage feature that may be
considered jurisdictional waters of the u.s. and waters of the stat,e occurs in the western ~d of the
site and totals less than 0.01 acre. ,Additionally, a focused survey was prepared by L & L
Environmental, Inc. in July 2003 for the Quino Checkerspot Butterfly. The results of the survey
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found that although the site contains potential topographical resources, no adult QCB adults, ova, .
larvae or pupae were detected during the study.
If it is determined that by the u.s. Army Corps of Engineers that the drainage fearure is considered
jurisdictional Waters of the U.S., a Nationwide 39 404 Pennitwill be required. . Additionally, if the
California Department of Fish and Game also assumes jurisdiction, the project would require a
Section 1602 Streambed Alteration Agreement. Mitigation would include acquisition of 0.01 acre of
credits from a wetland mitigation bank, or restoration of unvegetated Waters of the U.S. as
determined through the 404 and 1602 Permit process. ' ,
Protection of Narrow Endemic Plant Species Guidelines
According to the County's RCIP Website (see hup:/ /www.rcip.o~/maps.htm). and the (MSHCP)
Conservation Suminary Report Generator Sheet (see hup:llrcip.ordPDFlib/rcip/apn search.asp)
for the Assessor Parcel Numbers (APN) identified on Attachment # 1, the project lies outside of the
MSHCP survey area for narrow endemic plant species, and no clay or alkali soils occur on site.
Therefore, fo~used surveys for rare plant species were not conducted. '
Additional Smvev Needs Requirements
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According to the MSHCP, additional surveys are required for certain species in conjunction with
MSHCP implementation in order to achieve coverage for these species. (MSHCP, p. 6-63) First,
habitat assessments are undertaken. and if potential habit for these species is determined to be
located .on the property, focused surveys may be required during the appropriate season. If a survey
is required, it will be conducted within suitable habitat according to accepted protocols. (MSHCP, p.
6-63) Forlocations with positive survey results, 90% of those portions of the property that provide
for long-term Conservation value for the identified species.will be avoided until it is demonstrated
that Conservation goals for the particular species are met. (MSHCP, p. 6-65)
According to the MSHCP (Figures 6-2 and ,6-3), the MSHCP Conservation Summary Report
Generator (see hU{l://rcip.ordPDFlib/rcip/apn search.asp), and Helix Environmental Planriing,
the project site does not fall within the Plant Species or Amplubian Species (Figure 6-3) Survey
Areas. ,The MSHCP (Figure 6-4), the MSHCP's Conservation Summary Report Generator
(lmp:11 rcip.orglPDFlibl rcipl apn search.asp),and Helix Environmental Planriing indicate that' the
project site does fall within the Burrowing Owl Survey Area. . . , . .,
In compliance, Helix Environmental Planning conducted a Burrowing Owl Survey. As a result it
was determined that this species is not expected to occur on-site due to the lack of suitable habitat.
However, to assure burrowing owls will not be impacted'by project development, a condition of
project approval will be added to the project, as required by ihe MSHCP, requiring a pre-
construction survey prior to the issuance of a grading permit confIrming the absence of burrowing
owls,. The project is therefore consistent with the Additional Survey Needs Requirements.
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UrbanIWildlands Interface Guidelines
According to the MSHCP, the Urban/W"tldlands Interface Guidelines are' intended to address
indirect effects associated with locating development in proximity to the MSHCP Conservation Area
. (MSHCP, P 6-42.). The Guidelines shall be implemented in conjunction with review of individual
public and private development projects in proximity to the MSHCP Conservation Area and address
thefu~win~ .
. Drainage;
. T oxics;
. Lighting;
. Noise;
. Invasives;
. Barriers; and
. Grading/Land Development.
As indicated, since the project site is in close proximity to the MSHCP Conservation/Criteria Are3,
the project would be subject to the Urban/W"tldlands Interface Guidelines.. Considering this, the
following measures will be implemented by the project to, minimize the identifie~ potential indirect
impacts, including: '
. All project nmoff will be treated prior to exiting the site.
· Detention basins proposed within the project footprint will ensure that there is no increase
in flow's from the project into the San Jacinto River.
'".,
· All project lighting (including that belonging to private property owners) will be required to
be selectively placed, directed and shielded away from .preserved habitats. In addition,
lighting from homes abutting conserved habitat will be screened by planting vegetation, and
large spotlight-type backyard lighting directed into conserved habitat will be prolnbited
. No plants included on the California Exotic Pest Plant Council's list of invasive species will
, be used anywhere on the site, and only native. species will be planted adjacellt to open space
areas. A list of prolubited species will be provided to home buyers.
. . ' , . .. . .
· The proposed project has been designed so that no 'additional take of conserved habitat will
be necessary for fuel modification purposes.
· Security fences/walls shall be installed along the interface where residential development
abuts natural habitat. Signs will be posted at potential access points into the preserve
infonning residents of the wildlife habitat value of the open space and to minimize
IDtruSlOns.
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The above measures would serve to minimize the adverse effects of the project on conservation
configuration, and would minimize management challenges that can arise from development located
adjacent to conserved habitat. Considering these mitigations and other project design elements, staff
finds the project is consistent with the Urbanmlldlands Interface Guidelines.
Vegetation Mapping
,
Individual project-level vegetation mapping may be required under the following circumstances:
. For public and private projects within the Plan Area determined to be subject to the Protection
of Species Associated with Riparian/Riverine and Vemal Pools policies.
. For public and private projects within the Narrow Endemic Plant Species survey area and
subject to the Narrow Endemics Plant Species policies.
. The Permittee as part of the local CEQA review process for individual public and private
projects may impose vegetation-mapping requirements. (MSHCP, p. 6-62) .
Helix Environmental Planning Inc. mapped the vegetation of the entire project site (See Auached).
lhis mapping is sufficient under the MSHCP and is consistent with the MSHCP.
Fuels Management Guidelines
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Fuels ~ focuses on hazard reduction for humans and their property. (MSHCP, p. 6-72)
According to the Fuels Management Guidelines, new development that is planned adjacent to 'the
MSHCP Conservation Area or other undeveloped areas, brush management shall incorporate brush'
management in the development boundaries and shall not encroach into the MSHCP Conservation
Area.
As noted above, the projeCt has b~en designed t~ mdud~ landscaping that will in essence act as
buffers and Fuel Modification Zones near the proposed MSHCP Conservation/Criteria Area.
Within these areas there will be fire-resistant, non-invasive plants. Accordingly, with these measures,
the project is therefore consistent with the Fuels Management Guidelines.
MSHCP Local Development Mitigation Fee
Asa condition of approval, ilie project~iil be requiredi~ pay .the City's MSHCP Local
Development MitigationFee at the time of issUance of building permitS. The density proposed for
this project equates to 4.85 DU/ AC. 'Cons~dering this, the current fee for this residential
development is $1,651 per dwelling ,unit or $255,905.00.
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Conservation Dedication/Acquisition
The project site comprises a portion of Cell 4745 of the Elsinore Area Plan (Figure 4); Pursuant to
the MSHCP, conservation in this cell ino range from 70 to 80 percent of the cell, focusing in the
northern and eastern portions of the cell, requiring conservation of 112 to 128 acres and allowing
development ranging from 32 to 48 acres. As indicated, the project falls within these parameters.
The project footprint would impact 32.11 acres in the southwestern portion of the cell. TIlls is at
the lower end of the range of potentially allowable development in the cell, and would be in an
appropriate location to allow for continued wildlife movement. Based' on the footprint of the
project, conservation for the Cell would be targeted at approximately 73% of the total Cell site.
Mitigation for upland impacts would be payment of the $1,651 per unit impact fee.
Finally, although the overall conservation of the cell has been met, the City of Lake Elsinore would
require assurances that a conservation easement has been' obtained or that the proposed
conservation area has been acquired in fee title by the RCA.
Conclusion '
(\
In conclusion, staff fmds that the project 'footprint as proposed does not preClude the
implementation of the MSHCP. Nonetheless, the City would require assurances rehitive to the
preservation of the conservation area proposed. As a result the following Condition of Approval
will be required:
Prior to the issuance of a Grading Permit, the applicant shall provide sufficient
evidence to the City that the property identified as proposed conservation area on
Exhibit _, has been reserved as conservation (by easement or by title transfer)
pursuant to the requirements of the Multiple Species Habitat Conservation Plan
(MSHCP).
MSHCP CONSISTENCY FINDINGS
1. The proposed project is a project under the City's MSHCP Resolution that must make an
MSHCP Consistency fmding before approval.
(\
Pursuant tD the City:. MSHCP ResoIutUn, brause the profXJ5a1 projrt r-equi1es a 11lfJ'l1kr of discrr1imary
appruwls Jrun the aty and is subjrt tD CEQA review, it must k lWiewd fUr MSHCP CC>>1.Sistency, 'l1hith
entailsfUr theprofXJ56iprojoctdetennininguhtherit is subjea tD the City:. LEAP process, cmsistentuith
the Proflrlim of Species AssociatRduith Riparian/Riwine A1l'LlS and Vernal Pool. Guidelines (MSHCP,
~ 6.1.2), ProflrlimojNanuw F.JubnirPlant Species Guidelines (MSHCP, ~ 6.1.3), Additimal Surwj
NerxIs and PrvaxIurFs (MSHCP, 5 6.3.2), Urhm/Wzld1ands Inrerf= Guidelines (MSHCP, 5 6.3.2),
VtgetatWz Mapping (MSHCP, 5 6.3.1) requirmmt.s, Fuels M~ Guidelines (MSHCP, 5 6.4),
andJXfY17Vllojthe MSHCP LomlOealopwuMitigatimFee (MSHCPOrdiJ.wu:e, 54}.
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LAKEVIEW VILLAS CONDOMINIUM PROJECT
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2. The proposed project is subject to the Joint Project Review process.
Aavniing to the Multi-Spaies Habitat Cmsermtim PLm (MSHCP), the fOOtprint of the projoct site is
kx:ataJ wi1hin the Elsinore Aim Plan. This Aim Pktn, the Oluntys Rap Website (sre
hap:/ /WIJJ(J).rUp.arg/ma/JS.htm}, and the (MSHCP) Cmsermtim Summary &part Generaror Sheet fUr
the Assessor Parrel Numlers (APN) identifia1 an At:tai:hn:nJ # 1 (sre ..
http://rrip.mg/PDFlih/rcip/ am 5ed:7"dJ.as/J) shaw that the prufXJS<<l projoct is locatiri wi1hin Suhunit 4,
Prvp1s<<1 Linlaw 8 and arrprises a jXJI1ioo of Indep:ndent Cell No. 474 50f the Elsinare Aim Plan and
is subjrt to the Citys Lake Elsinnres Acquisitim Prrxe5s (LEAP) process. Further, prufXJS<<l Linlaw 8
is a majar. cxmJX>>1enl of ooe of the tlJXJ main east"liXSt a:nmrtinns ktmm Om? AmtS in the Lake .
Matthews/Estelle Mountain, AlberhiJl and CIeuknd Natimd Forest in the uestem jXJI1ioo of the
MSHCP Plan. As a result, theprufXJS<<lprojoctuvuld Ix! subjrt to theJointProjeaReviewprocess.
3. The proposed.project is consistent with the Riparian/Riverine Areas and VemalPools
Guidelines. .
Aavniing to the Bin!ngiml Asses5mml entitlai "The Lakeuiew Villas Projea Bin!ngiml Asses.mmt';
~ by L & L Erwirmrrmtal an Noumlxr 12, 2004, rw riJ=ian, riwine, 7XI?7al pool/fairy shrimp
habitat and other aquatif: resaures = identified on the prufXJS<<l projoct site. As a result, rw jU7ther
MSHCP analysis or anse/'U'1tim rrX'dSures are requiraJ. The prvjXJsed projoct is therrfUre ansistent'llliJk the
RipmianlRirerine Affils and Vernal Pools Guidelines. U
4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species
Guidelines.
Aavniing to the Bin!ngiml Asses5mml entitlai "The Lakeuiew V& Projea Bin!ngiml Asses.mmt"
~ by L & L Erwirmrrmtal on Noumlxr 12, 2004, the projoct site dnes not fall wi1hin the Narrow
Erukmi1: Plant Spaies Surrey A mtS. 17x:refUre, habitat assessmmts and! or focused surrxys are not
required fUr Nanuw Erukmi1: Plant SJXries. The prufXJS<<l projoct is therrfUre ansistent'llith the ProrH1im .
ofNarruw Erukmi1: PLmt SJXries Guidelines.
5. The proposed project is consistent with the Additional Survey Needs and Procedures.
The projoct site falls within the Burrowing Oul Suney Area. HOlRX?W", itwtS detemlhw that the species is
not expoctR1i to arur on-site due to the k:k of suitdJle hahitat. To assure burrowing mds will not Ix!
irnjxK<<d by projoct deuiaprmt, as a coodit:Urz of projoct apprrx.d, a pre~ surreywill be required
bejUre grading to cmfinn the al:JserKE ofburrowing mds, as required by the MSHCP. The projoct is therrfUte
ansistent with the Addit:iaud Suney NeaIs Requirurmts.
6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines.
Measures ~ ken inwrpJratal into the prufXJS<<l projoct so that there will Ix! rw projoct-rel4terJ dr~
tom, lighting, noise, inwsiu5, barriers, and grading/land deudopnmt imp= to the Canserwtim Area.
The prufXJS<<l projoct is therrfUte ansistent wiJh the lJrlwx/W~ InterJ= Guidelines.
7. The proposed project is consistent with the Vegetation Mapping requirements.
The1Wfatian oftheentin?projfa site has kenrnappxi. This mapping is suf/idmt under the MSHCP and U.
is ansistentwith the MSHCP.
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8. The proposed project is consistent with the Fuels Management Guidelines.
1be profXJS<<i projrt has brm desiwuJ 10 indude~ buffers nMr tk profXJS<<i MSHCP Cooserwtim
A rea that will in esserue aa as Fuel Modijimtim Zrrzes. Wllhm these anllS there willle fire-resistant, 11m-
inwsire plants. Acwrdingly, uiJh these 111l'i1SUY1!S, tk profXJS<<i projrt is therefine cmsistent wi1h tk Fuels
Managnwt Guidelines.
9. The proposed project will be conditioned to pay the City's MSHCP Local Development
Mitigation Fee. '
As a cmditim </ appruw1, tk projrt willle requirrJ,1O pay tk Otys MSHCP LOOJi Deuloprmt
Mitigatim Fee at tk tinr </ isSuarKE </buiJding pmnits. 1be ammt Ire far residential deuiopnmt wiJh a
dmsity</less than 8.0 duelling units per tIm! is $1,651 per duelling unit.
10. The proposed project overall is consistent with the MSHCP.
1be profXJS<<i projrt crmplies and is cmsistent wi1h all of tk rr:quirai proorlurr:s, polUies, and gUiiJelines </ '
tk Citys MSHCP Resolutinnand tk MSHCP.
P:\Lakeview Villas \LEAP Review Results JPR.DOC
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AGENDA ITEM NO. _~I
~OF \3V
MINUTES
PLANNING COMMISSION MEETING.
CITY OF lAKE ELSINORE
183 NORm MAIN STREET
lAKE ELSINORE, CA 92530
TUESDAY, JANUARY 18, 2005
u
an LaPere called the Regular Planning Commission Meeting to order at 6:03 PM
Co .ssioner Uhhy led the Pledge of Allegiance.
PRESENT:
ABSENT:
LAPERE, LARIMER, O'NEAL, UHLRY
Also present were: Ci
Engineering Manager Se
Technician Hennings, Deputy
Manager Brady, Planning/Code Enforcement Manager Villa,
, Senior Planner Preisendanz, Associate Planner Corny, Planning
./Y Attorney Miles and Rental Housing Clem Alexen.
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PUBLIC COMMENTS
None.
CONSENT CALENDAR
1. Minutes
a. January 4, 2005 - Regular Planning
MOVED BY UHLRY, SECONDED BY LARIMER
TO APPROVE THE CONSENT CALENDAR.
PASSED BY A VOTE OF 4-0
PUBLIC HEARING ITEMS
2. General Plan Amendment No. 2004-06. Zone Change No. 2004-07. Tentative Parcel
Map No. 32127; Residential Design Review No. 2004-05. Conditional Use Pennit No.
2004-14. and Mitigated Negative Declaration No. 2004-10 for the "Lakeview Villas".
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AOENDA ITEM NO.
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PAGE 2 - PLANNING COMMISSIONMINUIES - Januaty 18, 2005
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Chairman LaPere opened the Public Hearing at 6:04 pm.
City Manager Brady provided a brief overview of the project and requested the project planner
review it with the Planning Commission.
Senior Planner Preisendanz noted that due. to..th~ need for compliance from various outside
agencies, staff recommended that the project be continued until the February 1, 2005 Planning
Commission Meeting.
He noted that he needed to respond to comment letters received by the Pechanga Band of Indians
Riverside County Transportation Commission and Lake Elsinore Unified School District (LEUSD).
Chairman LaPere asked if the applicant was present.
Senior Planner Preisendanz indicated that the applicant was not present; however, he did corisent to
the continuance.
Vice Chainnan O'Neal requested clarification as to whether th~ Planning Commissioners received
. copies of the above referenced letters. .
Senior Planner Preisendanz stated that the letters would be included with the staff report at the
(""'1 February 1~ meeting as part of the record .
There being no further business, Chairman LaPere closed the Public Hearing at 6:06 pm.
MOVED BY UHLRY, SECONDED BY O'NEAL AND PASSED BY UNANIMOUS
VOTE OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE,
CAliFORNIA TO CONTINUE GENERAL PLAN AMENDMENT NO. 2004-06, ZONE
CHANGE NO. 2004-07, TENTATIVE PARCEL MAP NO. 32U7; RESIDENTIAL
DESIGN REVIEW NO. 2004-05, CONDmONAL USE PERMIT NO. 2004-14, AND
MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE "LAKEVIEW
. VILLAS" TO THE FEBRUARY 1, 2005 PLANNING COMMISSION MEETING.
Public Hearing at 6:07 pm
City Manager Brady provided a brief 0
review it with the Commission.
of the project and requested that the project planner
planning Technician Hennings provided background informa
that staff had received a letter from the applicant on.December 26,
the letter was a statement of non-acceptance of the conditions of approval.
. - '-'
to the project. She indicated
he further indicated that
(""'\
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#!GENOA ITEM NO.
PAGE.J 9~Of \3.tt
City<<L.d:.e.~
PI.,..i., Dirisi..<r
.UOs......Sma:
UEEls:Do.r.a12SJO
t'OOtft14-J12t
(9OOt4ll-H17r.
PLANNING COMMISSION
STAFF REPORT
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; ,
I I
DATE:
Tuesday,January 18, 2005
TO:
FROM:
PREPARED ~Y:
PROJECf TITLE:
Rolfe Preisendanz,Senior Planner,
APPLICANT:
General Plan Amendment No. 2004-D6, Zone Change No: 2004-07;
Tentative Parcel Map No. 32127; Residential Design Review No.
2004-05, Conditional Use Permit No. 2004-14, and Mitigated
Negative Declaration No. 2004-10 for the " Lakeview Villas".
Scott Woodward, Woodwai-d' Inter~st, 37541 Wmdsor Couit,
Murrieta, CA 92562.
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PROJECf LOCATION
The proposed 155, unit condominium conununity is located east of Inte~te 15 and south of
Railroad Canyon Road and Grape Street intersection within Riverside CoWlty.
PROJECf REQUEST
Although, staff intended to bring this application forward, the folloWing items necessitate resolution '
and closure prior to the consideration of the Planning Commission: .'
1. Completion of the Joint Project Review (JPR), a~ required by the MultiPle Species
Habitat Conservation Plan (MSHCP).
2. As required by the California Environmental Quality Act (CEQA), the City, is
obligated to respond to the folloWing agency comment letters which have been
generated by the circulation 'of Notice 'of Completion and Intent to Adopt Mitigated
Negative Declaration 2004-10: " , '
. Letter from Miranda, Tomaras & Ogas, LLP, on behalf ofthe Pechanga Band
of Luiseno Mission Indians dated January 9, 2005; and
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P:\Lakeview Villas \PC Staff ReponContinuance.doc
DAtW- NO. ~l
ACEN, - ',' l~
pACEJP..i...oF - '
...
PlANNING COMMISSION STAFF REPORT
JANUARY 18; 2005
PAGE 2 of 10
n PROJECT TITLE: . LAKEVlEW VILLAS CONDOMINIUM PROJECT
. Letter from Riverside. County Tr.msportation Conunission dated January 6,
2005; and .
. Letter.from Lake Elsinore Umfied School District dated January J, 2005.
Considering the potential impacts of the items referenced above; staff is requesting, with the ~
of the applicant, that the proposed projea: be continued ~ti1 the Feb~ 1, 2005. i?~
Commission Meeting.' . .
REVIEWED BY:
~"'DANZ,"N'OR",,",,'"
. ({ VILLA, PIANNINGANDCOOE ENFORCEMENT MANAGER
..,t~..rI~
PREPARED BY:
. APPROVED BY:
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AGENDA ITEM NO. :l.. ,
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8100LaMesaBIvd., Suite 150
February 23, 2005
ELV-Ol
LaMesa, CA91941-6476
e-mail:admin@helixepi.com
Mr..Bob Brady, Planning Director
Oty of Lake Elsinore
130 S. Main St.
Lake Elsinore, CA 92530
fax (619) 462-0552
plxme (619) 462-1515
Subject: Lakeview Villas MSHCP Consistency
Dear Mr. Brady:
This letter provides an assessment of the Lakeview Villas projecr's consistency wirh
Sections 6.1.2, 6.1.3, and 6.1.4 of the'Western Riverside County Multiple Species
Habitat Conservation Plan (MSHCP) and provides recommended language for
project Conditions of Approval.
ConsistencY With MSHCP PolicY 6.1.2
Section 6.1.2 of the MSHCP (Protection of Species Associated with
Riparian/Rivetine Ateas and Vernal Pools) 'fOcuses on protection of these habitat
types based on their value in the conservation of a numbet of MSHCP covered U
species. None of these species has any potential to occur on the project site.
Additionally, as defined in Section 6.1.2 of the MSHCP, no tiparian or tiverine
habitats occur within the drainages on site.
Vegetation mapping and the wetland delineation completed for the project by
HEliX Environmental Planning, Inc. (2005) identified two ephemeral
unvegetated drainages on the project site. The U.S. Army Corps of Engineers
. (Corps) and California Department of Fish and Game (CDFG) jurisdictional areas
total 0.02 acre. .
U nvegetared drainages do not meet the definition of a riparian or riverine habitat.
Because no Riparian/Riverine Areas and Vernal Pools and no species associated
with these habitacs OCCur on.site~ the project is not required to be consistent with
Section 6.1.2 of the MSHCP.
ConsistencY With MSHCP PolicY 6.1.3
In compliance with Section 6.1.3, this project would not affect any Narrow
.Endemic Plant Species, since none is present on site.
u
AGENDA ITEM NO. ~.I
PAOE~OF 1m
{\
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Letter to Mr. Bob Brady
February 23, 2005
Page 2 00
Consisteney With MSHCP Poliey 6.1.4
The following measures will 'be implemented by the projecr to minimize the
, identified potential indirect impacts.
. All project runoff will be treated prior to exiting the site.
. Detention basins proposed within the ptoject footptint will ensure that there is
no inctease inflows from the project into the San Jacinto River.
. All project lighting (including that belonging""t6 ptivate ptoperty owners) will
be required to be selectively placed, directed, and shielded away from
preserved habitats. In addition, planting vegetation will screen lighting from
homes abutting conserved habitat. Large, spotlight-type backyard lighting
directed into conserved habitat will be prohibited.
. No plants included on the California Exotic Pest Plant Council's list of invasive
species will be used anywhere on the site, and only native species will be
planted adjacent to open space areas. A list of ptohibited species will be
provided eo homebuyets.
. The proposed project has been designed so that no additional take of
conserved habitat will be necessaty for fuel modification purposes.
. Secutity fences/walls shall be installed along the ,interface whete residential
development abuts natutal habitat. Signs will be posted at potential access
points ineo the preserve informing residents of the wildlife habitat value of the
open space and in order to minimize intrusions.
The above measures wonld serve to minimize the adverse effects of the project on
conservation configuration and wonld minimize management challenges that can
atise from development located adjacent eo conserved habitat.
Based on consistency with MSCHP Policies 6.1.2, 6.1.3, and 6.1.4, the following
conditions are intended to teplace "Additional Conditions of Apptoval Lakeview
Villas" fot the Planning Commission dated February 1,2005, Nos. 32 and 33.
32. Impacts to 0.02 acre of unvegetated streambed considered
jurisdictional Wacers of the U.S. by the U.S. Army Cotps of Engineers
(Corps) and jutisdictional waters of the state by the California Department
of Fish and Glune (Department) shall be mitigated through on- or off-site
restoration of 0.02 acre of jurisdictional habitat, acquisition of mitigation
credits, or other measure as approved through the Corps 404 and
Department 1602 permitting process.
AGENDA ITEM NO. ;;) I
PAGE 13S- OF I~
,-
----
letter ro Mr. Bob Brady
February 23, 2005
Page 3 00
33. Impacts to upland habitat shall be mitigated consistent with the
MSHCP through the payment of the MSHCP Mitigation Fee of $1,651
per residential unit. The fee is to be paid at the time a cettificate of
occupancy is issued or upon final inspection, whichever occurs first.
Implementation of these Conditions of Approval would ensure consistency with
the MSHCP for the Lakeview Villas project.
Please contact me if you have any.questions or if I can be of further assistance.
Sincerely,
7::~!~
Senior Consulting Biologist
cc: Steve Miles, City Attorney
Scott W ood;'ard, Woodward Interests
',j
AGENDA ITEM NO. Q I
PAOe.J..3LP 01' L:l.J_
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CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: ROBERT A. BRADY, CITY MANAGER
DATE: MARCH 8, 2005
SUBJECT: PUBLIC HEARING- 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); CALL A
SPECIAL ELECTION; CANVAS ELECTION RESULTS;
AUTHORIZING LEVY OF SPECIAL TAXES FOR CFD 2003-1
ANNEXATION AREA NO. 10 (LALAGUNA PHASE 3)
BACKGROUND'
On August 12,2003 the City Council approved Resolution 2003-37 establishing
Community Facilities District No. 2003-1 (Law Enforcement, Fire, and paramedic
Services). The district levies a special tax for public safety costs above what already
exist in the district. The City is requiring undeveloped parcels within the City that
are developed with more than four residential dwelling units to be annexed into the
service district. '
On January 25,2005, the City Council adopted resolution of intention to annex the
La Laguna Phase 3 development into CFD 2003-1 and to authorize the levy of a
special tax within the district to help finance a portion of the law enforcement, fire
and paramedic services associated with new single family residential development.
DISCUSSION
A special tax is levied annually in the amount of$312.12 per single family dwelling
unit and $156.06 per multifamily unit. The amount' of the special tax assessment
maximum increases two percent annually. '
AGENDA ITEM NO. ). J... Lf
PACE-1--0F :<.
Report to the City Council
CFD 2003-1 Annexation No. 10 (La Laguna Phase 3)
March 8, 2005
Page 2 of2
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La Laguna Phase 3 will add 98 single family dwelling units to the exiting district
boundary and generate about $30,587 annually beginning in 2005-06 or once all'the
homes are built.
The map of the proposed boundaries are attached.
FISCAL IMPACT
The cost oflaw enforcement ~d fire services is approximately $750 per single
family dwelling unit. For each SFD unit, only about $100 to $150 of property tax
dollars will be generated. Property tax is not sufficient to fund the cost of public
safety services and therefore the CFD 2003- L special tax levy of $312.12 will assist
the funding of the increased public safety service where the property tax is deficient.
RECOMMENDATION
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This is an advertised Public Hearing.
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The following is recommended to the City Council: ,
L Open the Public Hearing and take testimony' ' " ,', " ,
2. By motion, adopt Resolution No. 2005 - K determining the validity of
prior proceedings
3. Adopt Resolution No. 2005- ~ calling a special ,election
4. Adopt Resolution No. 2005 - ~ ordering canvassing of the election results
5; Conduct first reading of the Ordinance No. 2005 -l.r12.authorizing the levy
of special tax~
PREPARED BY:
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APPROVED FOR
AGENDA LISTING:
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AGENDA ITEM NO.
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Community Facilities
District Report
for
Annexation No. 10 (La Laguna Phase 3)
City of Lake Elsinore
Community Facilities District No. 2003-1
(Law Enforcement, Fire and
Paramedic Services)
Prepared by:
. Harris & Assodates
February 28, 2005
AGENDA ITEM NO. J. J-
PACE 3 OF 3 Lf
Annexation No. 10 to the City of lake Elsinore
CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services)
COMMUNITY FACILITIES DISTRICT REPORT
February 28, 2005
Page i
Table of Contents
Introduction........................................................................ ............. Pg. ii
Part I Description of District, Boundary Map............................ Pg. I
Part II Description of Services .................................................... Pg. 2
Part III Cost Estimate.................................................................... Pg. 3
Exhibit A - Rate and Method of Apportionment
Exhibit B - Proposed Boundary Map
Exhibit C - Property Owner List
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Annexation No. 10 to the City of Lake Elsinore
CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services)
COMMUNITY FACILITIES DISTRICT REPORT
February 28, 2005 .
Page ii
Introduction
The City of Lake Elsinore desires to establish Annexation No. 10 to Community Facilities District
No. 2003-1 (the "District") for the purpose offunding the ongoing opemtion and maintenance oflaw
enforcement, fire and pammedic services.
The City of Lake Elsinore has ordered the preparation of a report describing the proposed facilities to
. be financed by the District if it is formed. . .
The proceedings will be conducted in accordance with the provISIons of the "Mello-Roos
CommunitY Facilities Act of 1982," being Chapter2.5, Part I, DivisiOl12, Title. 5 of the Government
Code of the State of California (the "Act"). The report is to beprepared by, or under the direction of,
the City Manager and other such officers responsible for providing the fucilities to be financed by the
proposed District. The report is to be prepared in accordance with Section 53321.5 of the Act and
shall include:
a. A description of the public capital fucilities and/or services, by type, which will, be required to
adequately meet the needs of the District.
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b. An estimate of the fair and reasonable cost of the construction and/or acquisition ofthe proposed
facilities, including the cost of acquisition of lands, rights-of-way and easements, and any
physical facilities required in conjunction therewith, and incidental expenses in connection with
said acquisition, including the costs of proposed bond financing and all other related costs as
provided in Section 53345.3 of the Act.
I, Dennis A. Anderson, authorized representative of Harris & Associates, on behalf of the responsible
officer(s) directed to prepare the report for said District, hereby submit the following report
consisting of three (3) parts.
Part I
Part II
Part III
A description of the proposed District and a diagmm ofthe proposed boundaries.
A description of the proposed services.
A cost estimate of the proposed services.
Dennis A. Anderson
Associate I Project Manager
. Harris & Associates
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ACENDA ITEM NO.
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Annexation NO.1 0 to the City of Lake Elsinore
CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services)
COMMUNITY FACILITIES DISTRICT REPORT
February 28, 2005
Page 1
PART I
Description of District, Boundary Map
The propos~d boundaries of Annexation No. 10 to ilie City of Lake Elsinore Community Facilities
District No. 2003-1' (Law Enforcement; Fire IindParamedic Services) are as depicted on ilie .
Boundary Map, on file in ilie office ofilie City Clerk. A reduced copy is provided in Exhibit "B".
The Assessor's parcels, shown below, define ilie District boundary. The description of each lot or
parcel wiiliin ilie District is part of ilie records of ilie Assessor of ilie County of Riverside and iliese
records are, by reference, made part of iliis Report.
List of Assessor's Parcel Numbers (see Exhibit "C")
Future annexation areas, which coincide wiili ilie current bdundaries of ilie City of Lake Elsinore and
its sphere of influence, are also depicted on ilie Boundary Map. . . .
Q:\ELSINORE\CFD 2003-1 O&M_CFThCFD 2003-1\fcnnation\rep<:rts\Re~AnnexatiOll No 10 cfd 2003_1 Lake Elsinore.doc
AOENDA ITEM NO.
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Annexation No. 10 to the City of lake Elsinore
CFD No. 2003-1 (law Enforcement, Fire and Paramedic Services)
COMMUNITY FACILITIES DISTRICT REPORT
February 28, 2005
Page 2
PART II
Description of Services
The cost of the Services shall include incidental expenses, including the costs associated with
forming the District, determination of the amount of the Special Tax, collection of the Special Tax,
costs incurred in order to carry out the authorized purposes of the District and any other expenses
incidental to the completion and inspection of the authorized work.
Services
The services are the operation and maintenance oflaw enforcement, fire and paramedic services.
Operation means the administration and performance of duties required of law enforcement, fire and
paramedic personnel.
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance and
operation ofIaw enforcement, fire and paramedic facilities and equipment.
Q:\ELSlNORE\CFD 2003-1 O&M_CFThCFD 2003-1\formation\repcrts\R.eportAnnexaticnNo 10 cfd 2003_1 Lake Elsinore.doc'
ActNDA ITEM NO.
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Annexation No. 10 to the City of Lake Elsinore
CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services)
COMMUNITY FACILITIES DISTRICT REPORT
February 28, 2005.
Page 3
PART 11\
Cost Estimate
A cost estimate of the fair and reasonable cost of the proposed services and incidental expenses in
connection with said services, including the cost of proposed financing and a1l other related costs is
shown below:
The costs. to provide law enforcement, fire and paramedic services are estimated at $750 per single-
family residence per year. .'
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City of lake Elsinore EXHIBIT "A"
CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services)
Rate and Method of Apportionment of Special Taxes
June 24, 2003
Page A~1
City of Lake Elsinore
Community Facilities District No. 2003.1
(Law Enforcement, Fire and Paramedic Services)'
Rate and Method of Apportionment of Special Tax
Introduction
. Special taxes shall' be annually levied on all Developed Residential Property and Developed
Multi-Family Property (as hereinafter defined) in the City. of Lake Elsinore Community Facilities
District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) (the "District"), in accordance
with the rate and method of apportionment of special taxes hereinafter set forth. All of the property
within the District that is not Developed Residential or Developed Multi-Family Residential Property
shall be exempt from the Maximum Annual Special Taxes of the District..
Definitions
Assessor's Parcel. A parcel of land in the District designated and assigned a discrete
identifying number on a map of the County Assessor of the County of Riverside.
(\
City. City of Lake Elsinore, California.
Developed Multi-Family Property. Assessor's Parcels in the District for which a building
permit has been issued by the City on or prior to March 1 preceding the Fiscal Year for the
construction of a Unit that is located or shall be located within a building in which each individual
Units has or shall have at least one common wall with another Unit.
Developed Residential Property. All other Assessor's Parcels in the District for which a
building permit has been issued by the City on or prior to March 1 preceding any Fiscal Year for the
construction of a Unit that is not Developed Multi-family Property.
Fiscal Year. The period beginning on July I and ending on the following June 30.
Maximum Annual Special Taxes. The maximum annual special taxes levied within the
District for any Fiscal Year.
Unit. Each separate residential dwelling unit, which comprises an independent facility
capable of conveyance or use separate from adjacent dwelling units.
Rate and Method of Apportionment of Maximum Annual Special Taxes
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As of July I of each Fiscal Year, commencing July I, 2003, the City shall determine which of
the Assessor's Parcels within the District constitute Developed Residential Property or Developed
Multi-Family Property. Beginning in Fiscal Year 2003-04, and all subsequent Fiscal Years, the City
shall levy the Maximum Annual Special Taxes on each Assessor's Parcel of Developed Residential
Q:\ELSINORE\CFD 2003.1 O&M_ CFD\CFD 2003-1\fonnation\reports\R.eport Annexation No 10 cfd 2003_1 Lake Elsinore.doc
ACENDA ITEM NO. 2:J-
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City of Lake Elsinore EXHIBIT "A"
CFDNo.2003-1 (Law Enforcement, Fire and Paramedic Services)
Rate and Method of Apportionment of Special Taxes
June 24, 2003
Page A-2
Properly in the amount of $300 and on each Assessor's Parcel of Developed Multi-Family Properly
in the amount of $150 per Unit. The amount of Maximum Annual Special Taxes shall be increased
annually by 2%, commencing in Fiscal Year 2004-05, and each Fiscal Year thereafter.
Duration of the Maximum Annual Special Taxes
The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law
Enforcement, Fire and Paramedic Services are being provided within the District.
The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected in the
same manner as ordinary ad valorem properly taxes are collected and shan be subject to the same
penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad
valorem taxes. The Maximum Annual Special taxes when levied shall be secured by the lien
imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a
continuing lien and shall secure each levy of Maximum Annual Special Taxes. Tlie lien of
Maximum Annual Special Taxes shall continue in force and effect until the Special Tax ceases to be
levied in the manner provided by Section 53330.5 of the Government Code.
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Annexation No. 10 to the City of Lake Elsinore EXHIBIT "B"
CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services)
February 28, 2005
Page B-1
Proposed
Boundary Map
Q:\ELSINORE\CFD 2003-1 O&M _ CFD\CFD 2003-1\fonnation\reports\Report Annexation No 10 cfd 2003_1 Lake Elsinore.doc /')
AGENDA ITEM NO. . of. J--
PAGE--1.!-OF '},I./
Annexation No. 10 to the City of Lake Elsinore EXHIBIT "B"
CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services) .
February 28, 2005
Page B-2
PROPOSED BOUNDARY OF
ANNEXATION NO. 10 TO
COMMUNITY FACILITIES DISTRICT No. 2003-1
OF THE CITY OF LAKE ELSINORE
(LAW ENFORCEMENT, FIRE, AND PARAMEDIC SERVICES)
COUNTY OF RIVERSIDE.
STATE OF CALIFORNIA
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1ItfElIPr1%___auotT~"~1OII"1I[_Il(SClIIPlXJIIDFPNlCO.llNl:S__
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PROPOSED BOUNDARY MAP
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Annexation No. 10 to the City of Lake Elsinore EXHIBIT "C"
CFO No. 2003-1 (Law Enforcement, Fire and Paramedic Services)
, -
Property Owner List
February 28, 2005
Page C-1
Annexation No.1 0
City of Lake Elsinore
Community Facilities District No. 2003-1
(Law Enforcement, Fire and Paramedic Services)
Property Owner List
APN
391-260-051 (PortiOn)}
391-260-061 (portion)
Owner
LA LAGUNA ESTATES
, ..'
Acreage
51.02
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AGENDA ITEM NO.
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RESOLUTION NO. 2005 -K
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE 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)
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore,
California (the "City"), has heretofore adopted Resolution No. 2005-2 stating its
intention to annex certain property ("Annexation Area No. 10 (La Laguna Phase
3)") into City of Lake Elsinore Community Facilities District No. 2003-1 (Law
Enforcement, Fire and Paramedic Services) (the "District") pursuant to the Mello-
Roos Community Facilities Act of 1982, as amended, (the "Act"); and
WHEREAS, a copy of Resolution No. 2005-2, incorporating a description
and map of the proposed boundaries of Annexation Area No. 10 (La Laguna Phase
3) and setting forth the rate and method of apportionment and manner of collection
of the special tax to be levied within Annexation Area No. 10 (La Laguna Phase 3), U
which will be used to finance a portion of the cost of providing law enforcement,
fire and paramedic services that are in addition to those provided in the territory
within Annexation Area No. 10 (La Laguna Phase 3) prior to the annexation of
Annexation Area No. 10 (La Laguna Phase 3) to the District and do not supplant
services already available within the territory of proposed to be included in
Annexation Area No. 10 (La Laguna Phase 3), is on file with the City Clerk and
incorporated herein by reference; and
WHEREAS, Resolution No. 2005 - ~ set March 8, 2005 as the date of
the public hearing on the annexation of Annexation Area No. 10 (La Laguna Phase
3) to the District and this Council held the said public hearing as required by law;
and
WHEREAS, at said hearing all persons not exempt from the special tax
desiring to be heard on all matters pertaining to the annexation of Annexation Area
No. 10 (La Laguna Phase 3) to the District were heard and a full and fair hearing
was held; and
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. . WHEREAS, at said hearing evidence was presented to the Council on said
matters before it, and this Council at the conclusion of said hearing is fully advised
in the premises;
'. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, ACTING AS . THE LEGISLATIVE BODY OF CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW
ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Pursuant to Section 53325.1 (b) of the Government Code, the
Council finds and determines that the proceedings prior hereto were valid and in
conformity with the requirements of the Act. , '
Section 2. Annexation Area No. 10 (La Laguna Phase 3) is hereby
annexed into the District. '
Section 3, The description and map of the boundaries of Annexation Area
No. 10 (La Laguna Phase 3) on file in the City Clerk:s office and as described in
said Resolution No. 2005~2 and incorporated herein by reference, shall be the
boundaries of Annexation Area No. 10 (La Laguna Phase 3). The map of the
proposed boundaries of Annexation Area No. 10 (La Laguna Phase 3) has been
recorded in the Office of the County Recorder of Riverside County, California in '
Book (p \ ,page '7 of the Book of Maps of Assessments and Community
Facilities Districts (Instrument Number d.-Oo5 -015"1., d-C> ). .
Section 4. Except where funds. are otherwise, available, 'there shall be
levied annually in accordance with procedu~es contained in the Act, a. special tax
sufficient to finance a portion of the cost of providing law enforcement, fire and
paramedic services that are in addition to those provided in the territory within
Annexation Area No. 10 (La Laguna Phase 3) prior to the annexation thereof to the
District and do not supplant services already available within the territory proposed
to be included in Annexation Area No. 10 (La Laguna Phase 3) and other costs,
including but not limited to all costs of the tax levy. The rate and method of
apportionment of the special tax and manner of collection is described in detail in
Exhibit "A" attached hereto and incorporated herein by this reference. The special
tax shall be utilized to pay for authorized services and administrative expenses and
to fund and replenish any reserve fund established for Annexation Area No. 10 (La
Laguna Phase 3)
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Section 5. Upon recordation of a notice of special tax lien pursuant to U
Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each
levy of the special tax shall attach to all nonexempt real property in Annexation
Area No. 10 (La Laguna Phase 3), and this lien shall continue in force and effect
until the special tax obligation is prepaid or otherwise perrilanently satisfied and
the lien canceled in accordance with law or until collection of the tax by the City
ceases.
Section 6. The Council finds that the proposed public services are
necessary to meet the increased demand put upon the City as a result of the
development within Annexation Area No. 10 (La Laguna Phase 3).
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Section 7. The Council finds that there is not an ad valorem property tax
currently being levied on property within Annexation Area No. 10 (La Laguna
Phase 3) for the exclusive purpose' of financing law enforcement, fire and
paramedic services. ' '
Section 8. Written protests against annexation of Annexation Area No. 10
(La Laguna Phase 3), or against the furnishing of specified services or facilities or
the levying of a specified special tax within Annexation Area No. 10 (La Laguna
Phase 3), have not been filed by fifty percent (50%) or more of the registered
voters or property owners of one-half (112) or more of the area of land within
Annexation Area No. 10 (La Laguna Phase 3).
Section 9. The Office of the City Manager, 130 Bouth Main Street, Lake
Elsinore, California 92530, (951) 674-3124, or its designee, is designated to be
responsible for preparing annually a current roll of special taX levy obligations by
assessor's parcel number and for estimating future special tax levies pursuant to
Section 53340.1 of the Government Code.
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Section 10. The City Clerk is directed to certify and attest to this Resolution
and to take any and all necessary acts to call, hold, canvass and certifY an election
or elections on the levy of the special tax, and the establishment of the
appropriation limit.
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PASSED, APPROVED AND ADOPTED this'
,2005.
ATTEST:
CITY OF LAKE ELSINORE
.,
day of
. Robert E. Magee, Mayor
Vicki Kasad, City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
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STATE OF CALIFORNIA
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COUNTY OF RIVERSIDE
I, Vicki Kasad, City Clerk of the City of Lake Elsinore, do hereby certify
that the foregoing Resolution was duly adopted by the City Council of said City at
a regular or adjourneq regular meeting. thereof held on the day of
,2005, and that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Vicki Kasad, City Clerk
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EXHIBIT A
City of Lake Elsinore
Community Facilities District No. 2003-1
(Law Enforcement, Fire and Paramedic Services)
,
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Rate and Method of Apportionment of Special Tax
"
,
Introduction
Special taxes shall be annually levied on all Developed Residential Property
and Developed Multi-Family Property (as hereinafter defined) in the City of Lake
Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and
Paramedic Services) (the "District"), in accordance with the rate and method of
apportionment of special taxes hereinafter set forth. All of the property within the .
District that is not Developed Residential or Developed Multi-Family Residential
Property shall be exempt from the Maximum Annual Special Taxes of the District.
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Definitions
Assessor's Parcel. A parcel of land in the District designated and assigned a
discrete identifYing number on a map of the County Assessor of the County of
Riverside. .
City. City of Lake Elsinore, California.
Developed Multi-Family Property. Assessor's Parcels in the District for
which a building permit has been issued by the City on or prior to March 1
preceding the Fiscal Year for the construction of a Unit that is located or shall be
located within a building in which each individual Units has or shall have at least
one common wall with another Unit.
Developed Residential Property. All other Assessor's Parcels in the District
for which a building permit has been issued by the City on or prior to March 1
preceding any Fiscal Year for the construction of a Unit that is not Developed
Multi-family Property.
I
Fiscal Year. The period beginning on July 1 and ending on the following
June 30.
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Maximum Annual Special Taxes. The maximum annual special taxes levied U
within the District for any Fiscal Year. . .
Unit. . Each separate residential dwelling unit; which comprises an
independent facility capable of conveyance or use separate from adjacent dwelling
units.
Rate and Method of Apportionment of Maximum Annual Special Taxes
As of July 1 of each Fiscal Year, commencing July 1,2003, the City shall
determine which of the Assessor's Parcels within the District constitute Developed
Residential Property or Developed Multi-Family Property. Beginning in Fiscal
Year 2003-04, and all subsequent Fiscal Years, the City shall levy the Maximum
Annual Special Taxes on each. Assessor's Parcel of Developed Residential.
Property in the amount of $300 and on each Assessor's Parcel of Developed Multi-
Family Property in the amount of $150 per Unit. The amount of Maximum Annual
Special Taxes shall be increased annually by 2%, commencing in Fiscal 'Year
2004-05, and each Fiscal Year thereafter.
Duration of the Maximum Annual Special Taxes
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The Maximum Annual Special Taxes shall be levied in perpetuity so long as
Law Enforcement, Fire and Paramedic Services are being provided within the
District.
The Maximum Annual Special Taxes levied in each Fiscal Year shall be
collected in the same manner as ordinary ad valorem property taxes are collected
and shall be subject to the same penalties and the same procedure, sale, and lien
priority in case of delinquency as is provided for ad valorem taxes. The Maximum
Annual Special taxes when levied shall be secured by the lien imposed pursuant to
Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing
lien and shall secure each levy of Maximum Annual Special Taxes. The lien of
Maximum Annual Special Taxes shall continue in force and effect until the Special
Tax ceases to be levied in the manner provided. by Section 53330.5 of the
Government Code.
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RESOLUTION NO. 2005 - -13-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
CALLING A SPECIAL ELECTION
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WHEREAS, the City Council (the "Council") of the City of Lake Elsinore,
California (the "City"), has heretofore adopted Resolution No. 2005-2 stating its
intention to annex certain property ("Annexation Area No. 10 (La Laguna Phase
3)") into City of Lake Elsinore Community Facilities District No. 2003-1 (Law
Enforcement, Fire and Paramedic Services) (the "District") pursuant to the Mello-
Roos Community Facilities Act of 1982, as amended, (the "Act"); and
WHEREAS, a copy of Resolution No. 2005-2, incorporating a description
and map of the proposed boundaries of Annexation Area No. 10 (La Laguna Phase
3) and setting forth the rate and method of apportionment and manner of collection
of the special tax to be levied within Annexation Area No. 10 (La Laguna Phase 3),
which will be used to finance a portion of the cost of providing law enforcement,
fire and paramedic services that are in addition to those provided in the territory
within Annexation Area No. 10 (La Laguna Phase 3) prior to the annexation of
Annexation Area No. 10 (La Laguna Phase 3) into the District and do not supplant
services already available within the territory proposed to be included in
Annexation Area No. 10 (La Laguna Phase 3), is on file with the City Clerk and
incorporated herein by reference; and ..
WHEREAS, on March 8, 2005, this Council held a noticed hearing as
required by law relative to the proposed annexation of Annexation Area No.1 0 (La
Laguna Phase 3) into the District; and.
WHEREAS, at said hearing all persons not exempt from the special tax
desiring to be heard on all matters pertaining to the annexation of Annexation Area
No. 10 (La Laguna Phase 3) into the District were heard and a full and fair hearing
was held; and .
WHEREAS, at said hearing evidence was 'presented to this Council on said
matters before it, and this Council at the conclusion of said hearing was and is fully
advised in the premises; and
(\
45367586.1
ACENDA ITEM NO. 1. J-
PACE~OF 7,Lf
WHEREAS, this Council adopted its Resolution No. 2005-~ determining
the validity of prior proceedings relating to such annexation; and U
WHEREAS, the proposed special tax to' be levied upon property within
Annexation Area No. 10 (La Laguna Phase 3) to finance the above referenced
public services has not been precluded by protest of the owners of one-half (1/2) or
more of the area ofland within Annexation Area No. 10 (La Laguna Phase 3), and
WHEREAS, this Council wishes to present to the qualified electors of
Annexation Area No. 10 (La Laguna Phase 3) a proposition to levy special taxes
on property within each Annexation Area No.1 0 (La Laguna Phase 3);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE
ELSINORE COMMUNITYF ACILITIES DISTRICT NO.. 2003-1 (LAW
ENFORCEMENT, -FIRE AND PARAMEDIC SERVICES), DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section LPursuant to Government Code Section 53353.5, the CoUncil
hereby submits to the qualified electors of Annexation Area No: 10 (La Laguna
Phase 3) a proposition (the "Annexation Area No. 10 (La 'Laguna Phase 3)
Proposition") to levy special taxes on property within Annexation Area No. 10 (La U
Laguna Phase R in accordance with the rate. and method specified in Resolution
No. 2005 -\ of the Council. The Annexation Area No. 10 (La Laguna Phase
3) Proposition is attached as Exhibit "A." -
': Section 2. A special election is hereby called for Annexation Area No. 10,
(La Laguna Phase 3) on the Annexation Area No. 10 (La Laguna Phase 3)
Proposition set forth in Section 1 above.
Section 3., The City Clerk shall hand deliver the ballot to the appropriate
landowner immediately upon the adoption of this Resolution.
Section 4:, The date of the special election for Annexation Area No. 10 (La
Laguna Phase 3) on the proposition shall be on the 8th day of March, 2005. The
voter ballot shall.be returned to the City Clerk at 130 South Main Street, Lake
Elsinore, California 92530, no later than 11 :00 o'clock p.m. on March 8, 2005.
,. . Section 5. - The Council finds and determines that there were no registered
voters residing within .the territory of Annexation Area No. 10 (La Laguna Phase
3) at the time of the protest hearing and ninety (90) days prior thereto, and that U.
there is only one landowner in each Annexation Area No. 10 (La Laguna Phase 3).
45367586.1
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ACENDA ITEM NO. ;).::t
PAGE a~ OF ~ if
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The requirements of Section 53326 of the Government Code having been waived
by the respective landowner, the ballot for the special election shall be personally
delivered to the respective landowner within Annexation Area No. 10 (La Laguna
Phase 3).
Section 6. Each Annexation Area No. 10 (La Laguna Phase 3) shall
constitute a single election precinct for the purpose of holding said election.
Section 7. The Council hereby directs that the election be conducted by .
the City Clerk of the City of Lake Elsinore, as the elections official.
PASSED, APPROVED AND ADOPTED this
,2005.
day of
CITY OF LAKE ELSINORE
By
Robert E. Magee, Mayor
ATTEST:
Vicki Kasad, City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
45367586.1
3
AGENDA ITEM NO. '1?--"
PAGE ~ i OF 7, '-I
STATE OF CALIFORNIA )
) ss..
COUNTY OF RIVERSIDE . )
u
I, Vicki Kasad, City Clerk of the. City of Lake Elsinore, do hereby certify
that the foregoing Resolution was duly adopted by the City Council of said City,
acting as the legislative body of Community Facilities District No. 2003-1 (Law
Enforcement, Fire and Paramedic Services), at a regular or adjourned regular
meeting thereof held on the day of ,2005, and that it was
so adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
u
By:
Vicki Kasad, City Clerk
45367586. J
4
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ACENDA ITEM NO. ::l;)..
PACE ? Lj OF ~ '-I
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OFFICIAL BALLOT
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2003-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
ANNEXATION AREA NO. 10 (LALAGUNA PHASE 3)
SPECIAL TAX ELECTION
March 8, 2005
To vote, mark a cross (+) in the voting square after the word "YES" or after
the word "NO." All marks otherwise made are forbidden. -
I-
i:
I'
I,
,
,
"
,
,
This ballot is provided to , as owner. or
authorized representative of such sole owner of land within Annexation Area No.
10 (La Laguna Phase 3) of City of Lake Elsinore Community Facilities District
N9. 2003-1 (Law Enforcement, Fire and Paramedic Services) and represents -"-- .
vote. ':
I
-, It' you wrongly mark, tear, or deface this ballot, return it to the City Clerk of
the City. of Lake Elsinore at 130 South Main Street, Lake .Elsinore, California .
92530.
,
PROPOSITION Shall City of Lake Elsinore Community
Facilities District No. 2003-1 (Law Enforcement,' Fire
and Paramedic Services) be authorized to levy special
taxes thereof pursuant to the rate, and method of
apportionment of speCial taxes (the "Special. Tax -_
Formula") set forth in Resolution No. 2005-_ to
finance the authorized services and administrative
expenses and to fund and replenish a reserve fund, if any,
all as provided for in the Special Tax Formula?
45367586.1
EXHIBIT "B"
!:
i
"
I'
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.
.
YES
NO
. ."
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AGENDA IlEM NO. 0- 1-
PAGE ~5 OF 3 'I
RESOLUTION NO. 2005 - ~o
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RESOLUnON OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSiNORE ACTING ON BEHALF OF CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
CANVASSING THE RESULTS OF THE ELECTION HELD
WITHIN ANNEXATION AREA NO. 10 (LA LAGUNA PHASE
3) ANNEXED TO SAID DISTRICT
,.;
WHEREAS, the City Council of the City of Lake Elsinore, California (the,
"Council") has previously conducted proceedings pertaining to the annexation of
certain property ("Annexation Area No. 10 (La Laguna Phase 3)" into the City of
Lake Elsinore Community Facilities District N6,<2003-1 (Law Enforcement, Fire ,.
and Paramedic SerVices) (the "District"), the rate and method of apportionment of
a special tax to finance a portion of the cost of providing certain public services,
and the calling of an election in regard to the foregoing; and
WHEREAS, on March 8, 2005, an election was held within Annexation
Area No. 10 (La Laguna Phase 3) regarding the rate and method of apportionment U
of the proposed special tax; and .
WHEREAS, at such election the proposal for the rate and method of
apportionment and manner of collection of the special tax for Annexation Area No.
10 (La Laguna PhaSe 3) was approved by the qualified electors of Annexation Area
No. 10 (La Laguna Phase 3), respectively; . . .
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE'
ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY' OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW
ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES HEREBY
~SOL VE, DETERMINE AND OIillER AS FOLLOWS:
Section 1. It is hereby deterinined that the election conducted within
Annexation Area No. 10 (La Laguna Phase 3) was duly and validly conducted.
Section 2. The Council, acting as the legislative body of the District, is
authorized to levy the special tax on behalf of the District, as specified in
Resolution No. 2005 - ~ adopted by the City Council on March 8, 2005.
U
45367594.1
ACENDA ITEM NO. '). :L
PACE a.6 . OF .~Lj
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ADOPTED, SIGNED AND APPROVED,' this
,2005.
"
ATTEST:
day of
CITY OF LAKE ELSINORE
By:
Robert E. Magee, Mayor
Vicki Kasad, City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
. 45367594.1
2
AOENDA ITEM NO. :1 d..
PAOE~OF ?''I'
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
u
I, Vicki Kasad, City Clerk of the City of Lake Elsinore, do hereby certify
that the foregoing Resolution was duly adopted by the Council of said City at a
regular or adjourned regular meeting thereof held on the day of
. , 2005, and that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Vicki Kasad, City Clerk
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45367594.1
3 .
A~NDA ITEM NO. .). ;)...
PAGE~OF .:; Lf
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ORDINANCE NO. l t""~:
ORDINANCE OF THE CITY COuNCIL OF THE CITY OF
LAKE ELSINORE 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. 10 (LA
LAGUNA PHASE 3) ANNEXED TO SAID DISTRICT
n
. ,
. .. .
WHEREAS, on January 25, 2005, the CitY Council (the "Council") of the
City of Lake Elsinore, ,Calif<,lmia (the "City") adopted Resolution No. 2005-2
stating its intention to annex certain property ("Annexation Area No. 10 (La
Laguna Phase 3)") into City of Lake Elsinore Cmiununity Facilities District No.
2003-1 (Law Enforcement, Fire and Paramedic Services) (the "District") pursuant,
to the Mello-Roos Community Facilities Act of 1982, as amended, (the "Act"); and
WHEREAS, notice was published as required by law relative to the
intention of the Council to annex Annexation Area No. 10 (La Laguna Phase 3)
into the District; and .
WHEREAS, on March 8, 2005 this Coun~il h~ld ~ noticed public' hearing as
required by law relative 'to the determination to proceed with the annexation of
Annexation Area No. 10 (La Laguna Phase 3) into the District and the rate and
method of apportionment and manner of collection of the special tax to be levied
within Annexation Area No. 10. (La Laguna Phase 3) to finance certain public
services; and '
WHEREAS, at said hearing all persons desiring to be heard on all matters
pertaining to the annexation of Annexation Area No. 10 (La Laguna Phase 3) were
heard and a full and fair hearing was held; and
: WHEREAS, the Council subsequent,to said hearing adopted Resolution No.
200S------D( determining the validity of prior proceedings relative to the
annexation of Annexation Area No. 10 (La Laguna Phase 3), annexed Annexation
Area No. 10 (La Laguna Phase 3) into the District and ,authorized the levy of a
special tax within Annexation Area No.1 0 (La Laguna Phase 3); and
, WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2005-~ which called an election within Annexation Area No. 10 (La Laguna
Phase 3) for March 8, 2005 on the proposition of levying a special tax; and .
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45367598.1 .
ACENDA ITEM NO. 1..?-.
PAGE ~<lJ OF 3Lf
WHEREAS, on March 8, 2005 an election was held within each Annexation
Area No. IO (La Laguna Phase 3) in which the eligible electors approved by more U
than two-thirds vote the proposition oflevying a special tax;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, ACTING AS THE LEGISLATIVE BbDY OF CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW
ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES ORDAIN AS
FOLLOWS:
Section 1. A special tax is levied within the boundaries of Annexation
Area No. 10 (La Laguna Phase 3) pursuant to the formula set forth in Exhibit "A"
attached hereto and incorporated by reference in an amount necessary to finance a
portion of the cost of providing law enforcement, fire and paramedic services that
are in addition to those provided in the territory within Annexation Area No. IO
(La Laguna Phase 3) .prior to the annexation of Annexation Area No. IO (La
Laguna Phase 3) into the District, periodic costs; and costs of the tax levy and.
collection.
Section 2. This legislative body is hereby further authorized each year,
by resolution adopted as provided in section 53340 of the Act, to determine the U
specific special tax rate and amount to be levied for the next fiscal year, except that
the special tax rate to be levied shall not exceed the maximum rate set forth in
Exhibit "A." .. .. .
Section 3. All of the collections of the special tax shall be used as
provided for in the Act and Resolution No. 2005- \ ~ of the Council.
Section 4. The above authorized special tax shall be collected in the
same manner as ordinary ad valorem taxes are collected and shall be subject to the
same penalties and the same procedure and sale.in cases of delinquency and
provided for ad valorem taxes. ...
. Section 5. The Mayor shall sign this ordinance and the City Clerk shall
attest to such signature. The City Clerk is directed to cause the title. and summary
or text of the this ordinance, together with the vote thereon, to be published within
fifteen (15) days after its passage at least once in a newspaper of general
circulation published and circulated within the territorial jurisdiction of the City,
and to post at the main office of the City a certified copy of the full text of the
adopted ordinance along with the names of the Council Members voting for and
against the ordinance. U
45367598.1
2
AGENDA ITEM NO. ..2 ~
PACE 30 OF _~ L{
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Section 6. This ordinance relating to the levy of the special tax takes
effect and shall be in force from and after 30 days from the date of final passage.
A copy of this ordinance shall be transmitted to the Clerk of the Board of
Supervisors of Riverside County, the Assessor and the Treasurer-Tax Collector of
Riverside County.
PASSED, APPROVED AND ADOPTED this
2005
day of
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Robert E. Magee, Mayor
ATTEST:
Vicki Kasad, City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
45367598.1
3
ACitNDA ITEM NO. d.-)..
PACiE...3.LOF 31.{
STATE OF CALIFORNIA
)ss.
)
)
u
COUNTY OF RIVERSIDE
I, Vicki Kasad, City Clerk of the City of Lake Elsinore, do hereby certifY
that the foregoing ordinance was duly adopted by the City Council of said City at a
regular. or adjourned regular meeting thereof held on the . day of
, 2005, and that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
.45367598.1
By:
Vicki Kasad, City Clerk
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4
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AGENDA ITEM NO. :2 .2-
PAGE ~d. OF ~'I
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NOTICE OF ADOPTION OF ORDINANCE NO. 2005-
NOTICE IS HEREBY GIVEN that on March 8, 2005, at the Council
Chambers of the City of Lake Elsinore, 183 North Main Street, Lake Elsinore,
California 92530, the City Council of the City of Lake Elsinore, in its capacity as
the legislative body of the City of Lake Elsinore Community Facilities District No.
2003-1 (Law Enforcement, Fire and Paramedic Services), held a public hearing
and adopted Ordinance No. 2005---.-:.... A summary of Ordinance No. 2005-:----,---,-
follows and is marked as Exhibit "A". . At said time and place the testimony of all.
interested persons or taxpayers for or against said ordinance was heard.
Ordinance No. 2005-_ was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
(\ ABSENT:
. CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, . ACTING As THE
LEGISLATIVE BODY OF THE CITY OF
LAKE ELSINORE . COMMUNITY
. FACILITIES DISTRICT NO. 2003-1 (LAW
ENFORCEMENT, FIRE AND
PARAMEDIC SERVICES) ..
Dated:
" 2005 By
Vicki Kasad, City Clerk
, '. ,.
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45367598.1
5
AGENDA ITEM NO. 21-
PAGE 33. OF 3> Lf
EXHIBIT" A"
u
BEFORE THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
THE CITY OF LA~ ELSINORE COMMUNITY FACILITIES .
DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND
PARAMEDIC SERVICES)
IN THE MATTER OF'
Authorizing the Levy ofa
Special Tax Within .
Annexation Area No. 10 (La
Laguna Phase 3) Annexed to
City of Lake Elsinore
Community Facilities District
No. 2003-1 (Law
Enforcement, Fire and
Paramedic Services)
) ORDINANCE NO.
SUMMARY
)
)
)
)
)
)
2005 -
'!
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The.ordinance authorizes levy of an annual special tax within Annexation
Area No. 10 (La Laguna Phase 3) annexed to City of Lake Elsinore Community
Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services)
(the "District"), collected in the same manner as ordinary ad valorem taxes, in an
amount necessary to finance a portion of the cost of providing law enforcement,
fire and paramedic services that are in addition to those provided in the territory
within Annexation Area No. 10 (La Laguna Phase 3) prior to the annexation of
Annexation Area No. 10 (La Laguna Phase 3) to the District, which is necessary to
meet increased demands placed upon the City as a result of development or
.. rehabilitation occurring within Annexation Area No. 10 (La Laguna Phase 3).
DATED:
. 45367598.1
, 2005 CITY OF LAKE ELSINORE
By:
Vicki Kasad, City Clerk
u
AGENDA ITEM NO.' . l2-
PACE 34 OF c.. 'I
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TO:
FROM:
DATE:
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
MAYOR AND CITY COUNCIL
ROBERT A. BRADY, CITY MANAGER
MARCH 8, 2005
SUBJECT: PUBLIC HEARING- 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); CALL A
SPECIAL ELECTION; CANVAS ELECTION RESULTS;
AUTHORIZING LEVY OF SPECIAL TAXES FOR CFD 2003-1 .
ANNEXATION AREA NO. I I. (ALBERHILL RANCH)
(\
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BACKGROUND
On August 12,2003 the City Council approved Resolution 2003-37 establishing
Community Facilities District No. ~2003-1 (Law Enforcement, Fire, and paramedic
Services). The district levies a special tax for public safety costs above what already
exist in the district. The City is requiring undeveloped parcels within the City that
are developed with more than four residential dwelling units to be annexed into the
service district.
On January 25,2005, the City Council adopted resolution of intention to annex the
Alberhill Ranch development into CFD 2003-1 and to authorize the levy of a special
tax within the district to help finance a portion of the law enforcement, fire and
paramedic services associated with new single family residential development.
DISCUSSION
A special tax is levied annually in the amount of$312.12 per single family dwelling
unit and $156.06 per multifamily unit. The amount of the special tax assessment
maximum increases two percent annually.
[\
AGENDA ITEM NO. . J. ~
PAGE.-L-OF ""2.,Lf
Report to the City Council
CFD 2003-1 Annexation No. 11 (Alberhill Ranch)
March 8, 2005
Page 2 of2
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Alberhill Ranch will add 1,044 single family dwelling units to the exiting district
boundary and generate about $325,853 annually beginning in 2005-06 or once all
the homes are built.
The map of the proposed boundaries are attached.
FISCAL IMPACT
The cost oflaw enforcement and fire services is approximately $750 per single
family dwelling unit. For each SFDunit, only about $100 to $150 of property tax
dollars will be generated. Property taxis not sufficient to fund the cost ofpublic
safety services and therefore the CFD 2003cl special tax levy of$312.12 will assist
the funding of the increased public safety service where the property tax is deficient.
RECOMMENDATION
u
This is an advertised Public Hearing.
The following is recommended to the City Council:
1. Open the Public Hearing and take testimony ,
2. By motion, adopt Resolution No. 2005 - ?- \ determining the validity of
prior proceedings
3. Adopt Resolution No. 2005 - ?-'1- calling a special election
4. Adopt Resolution No. 2005 - ~ ordering canvassing of the election results
5. Conduct first reading of the Ordinance No.1005 -lli:I.l authorizing the levy .
of special tax.
PREPARED BY:
~<~ .
Matt N. Pressey, Director Administrative Services
Rob
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APPROVED FOR
AGENDA LISTING:
A~NDA IlEM NO.
PAGE . d..
?.~
OF ~L/
Community Facilities
District Report
. - ,.,
... for
Annexation No; 11 (Alberhill Ranch)
City of lake Elsinore
Community Facilities District No. 2003-1
(Law Enforcement, Fire and
Paramedic Services)
Prepared by:
. Harris & Associates
February 28, 2005
.. 23
ACl1:NDA ITEM NO. L/
PAGE ~ OF S
Annexation No. 11 to the City of Lake Elsinore
CFD No. 2003.1 (Law Enforcement, Fire and Paramedic Services)
COMMUNITY FACILITIES DISTRICT REPORT
February 28, 2005
Page i
Table of Contents
- - -
Introduction..... ............................................... ................................. Pg. ii
Part I Description of District, Boundary Map....................,....... Pg. 1
Part II Description of Services .................................................... Pg. 2
Part III Cost Estimate.................................................................... Pg. 3
Exhibit A - Rate and Method of Apportionment
Exhibit B - Proposed Boundary Map
Exhibit C ~ Property Owner List
Q:\ELSINORE\CFD 2003-1 O&MJ3.D\CFD 2003-1\fcrination\reports\ReportAnnexation No 11 cfd 2003_1 Lake Elsinore.doc
AoeNOA ITEM NO.
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Annexation No. 11 to the City of Lake Elsinore
CFD No. 2003-1 (Law Enforcement, Fire and Paramedic' Services)
COMMUNITY FACILITIES DISTRICT REPORT
February 28, 2005
Pageii
Introduction
The City of Lake Elsinore desires to establish Annexation No. 11 to Community Facilities District
No. 2003-1 (the "District") for the purpose of funding the ongoing operation and maintenance of law
enforcement, fire and paramedic services.
, ,
The City of Lake Elsinore has ordered the preparation of a report describing the proposed facilities to
be financed by the District ifit is formed. . .
The proceedings will be conducted in accordance with the provIsIOns of the "Mello-Roos,
Community Facilities Act of 1982,"heingChapter 2.5, Part I, Division 2, Title 5 of the Government
Code of the State of California (the "Act"). The report is to be. prepared by, or under the direction of,
the City Manager and other such officers responsible for providing the facilities to be financed by the
proposed District. The report is to be prepared in. accordance with Section 53321.5 of the Act and
shall include:
a. A description of the public capital facilities and/or services, by type, which will be required to
adequately meet the needs of the District.
(\
b. An estimate of the fair and reasonable cost of the construction and/or acquisition of the proposed
facilities, including the cost of acquisition of lands, rights-of-way and easements, and any
physical facilities required in conjunction therewith, and incidental expenses in connection with
said acquisition, including the costs of proposed bond financing and all other related costs as
provided in Section 53345.3 of the Act.
I, Dennis A. Anderson, authorized representative of Harris & Associates, on behalf of the responsible
officer(s) directed to prepare the report for said District, hereby submit the following report
consisting ofthree (3) parts.
Part I
Part II
Part III
A description of the proposed District and adiagranJ of the proposed boundaries.
A description of the proposed services.
A cost estimate of the proposed services.
Dennis A. Anderson
Associate I Project Manager
Harris & Associates
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Q;\ELSINORE\CFD 2003-1 O&M_ CFD\CFD 2003-1\formation\rqxlrts\Report AIIDelUltion No 11 cfd 2003_1 Lake EIsioom.doc
AOENDA ITEM NO.
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Annexation No. 11 to the City of Lake Elsinore
CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services)
COMMUNITY FACILITIES DISTRICT REPORT
February 28, 2005
Page 1
PART I
Description of District, Boundary Map
,
The proposed boundaries of Annexation No. 11 to the City of Lake Elsinore Community Facilities
District No. 2003-1' (Law Enforcement, Fire and Paramedic Services) are as depicted on the
Boundary Map, on file in the office of the City Clerk. A reduced copy is provided in Exhibit "B".
The Assessor's parcels, shown below, define the District boundary. The description of each lot or
parcel within the District is part of the records of the Assessor of the County of Riverside and these
records are, by reference, made part of this Report.
List of Assessor's Parcel Numbers (see Exhibit "C")
Future annexation areas, which coincide with the current boundaries of the City of Lake Elsinore and
its sphere of influence, are also depicted on the Boundary Map. .
Q:iELSINORE\CFD 2003-J O&M_ CFDI?TI 2003-l\formation\repcrts\Report Annexation No 11 cfd 2003) Lake Elsinore.doc
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Annexation No. 11 to the City of lake Elsinore
CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services)
COMMUNITY FACILITIES DISTRICT REPORT
February 28, 2005 .
Page 2
PART II
Description of Services
The cost of the Services shall include incidental expenses, including the costs associated with
fonningthe District, determination of the amount. of the Special Tax, collection of the Special Tax,
costs incurred in order to carry out the authorized purposes of the District and any other expenses
incidental to the completion and inspection of the authorized work.
Services
The services are the operation and maintenance of law enforcement, fire and paramedic services.
Operation means the administration and performance of duties required of law enforcement, fife and
paramedic personnel.
Maintenance means the furnishing of services and .materials for the ordinary and usual maintenance and
operation oflaw enforcement, fire and paramedic facilities and equipment.
Q:\EL8mORE\CFD 2003-1 O&M_CFD\CFD 2003cl\formation\repats\ReportAnnexation No 11 cfd 2003_1 Lake Elsmre.doc
AOENDA ITEM NO.
PAGE 7
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OF 7..,L{
Annexation No. 11 to the City of Lake Elsinore
CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services)
COMMUNITY FACILITIES DISTRICT REPORT
February 28, 2005
Page 3
PART III
Cost Estimate
A cost estimate of the fair and reasonable cost of the proposed services and incidental expenses in
connection with said services, including the cost of proposed financing and all other related costs is
shown below:
...
The costs to provide law enforcement, fire and paramedic services are estimated at $750 per single-
family residence per year.
'l~' I"
- .
Q:\ELSINORE\CFD 2003-) O&M_ CFDl.CFD 2003-l\flTrnation\reports\Report Annexatioo No 11 cfd 2003_1 Lake FJsinore.doc
ACfNDA ITEM NO.
PAGE J{
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City of Lake Elsinore EXHIBIT "An
CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services)
Rate and Method of Apportionment of Special T ues
. June 24, 2003
PageA-1
City of Lake Elsinore '
. Community Facilities District No. 2003-1
(Law Enforcement, Fire and Paramedic Services)
~, .
Rate and Method of Apportionment of Special Tax
Introduction
Special taxes .shall be annually levied on all Developed Residential Property and Developed
Multi-Family Property (as hereinafter defined) in the City of Lake Elsinore Community Facilities
District No. 2003-1 (Law'Enforcement, Fire and Paramedic Services) (the "District"), in accordance
with the rate and method of apportionment of special taxes hereinafter set forth. All of the property
within the District that is not Developed Residential or Developed Multi-Family Residential Property
shall be exempt from the Maximum Annual Special Taxes of the District
Definitions
Assessor's Parcel. A parcel of land in the District designated and assigned a discrete
identifying number on a map of the County Assessor of the County of Riverside.
City. City of Lake Elsinore, California.
Developed Multi-Family Property. Assessor's Parcels in the District for which a building
permit has been issued by the City on or prior to March I preceding the Fiscal Year for the
construction of a Unit that is located or shall be located within a building in which each individual
Units has or shall have at least one common wall with another Unit
Developed Residential Property. All other Assessor's Parcels in the District for which a
building permit has been issued by the City on or prior to March I preceding any Fiscal Year for the
construction of a Unit that is not Developed Multi-family Property.
Fiscal Year. The period beginning on July I and ending on the following June 30.
Maximum Annual Special Taxes. The maximum annual special taxes levied within the
District for any Fiscal Year.
Unit. Each separate residential dwelling unit, which comprises an independent facility
capable of conveyance or use separate from adjacent dwelling units.
Rate and Method of Apportionment of Maximum Annual Special Taxes
As of July I of each Fiscal Year, commencing July I, 2003, the City shall determine which of
the Assessor's Parcels within the District constitute Developed Residential Property or Developed
Mnlti-Family Property. Beginning in Fiscal Year 2003-04, and all subsequent Fiscal Years, the City
shall levy the Maximum Annual Special Taxes on each Assessor's Parcel of Developed Residential
Q:\ELSINO~\CFD 2003-1 O&M _ CFD\CFD 2003-1\formation\reporiS\Report Annexation No 11 cfd 2003_1 Lake Elsinore.doc
AOENDA ITEM NO.' ?-. '3
PACE.-9..-0F ~ L(
Cilyof Lake Elsinore EXHIBIT "An
CFD No. 2003-1 (law Enforcement, Fire and Paramedic Services)
Rate and Method of Apportionment of Special Taxes
June 24, 2003
. ,Page A-2
u
Property in the amount of $300 and on each Assessor's Parcel of Developed Multi-Family Property
in the amount of $150 per Unit. The amount of Maximum Annual Special Taxes shall be increased
annually by 2%, commencing in Fiscal Year 2004-05, and each Fiscal Year thereafter.
Duration of the Maximum Annual Special Taxes
The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law
Enforcement, Fire and Paramedic Services are being provided within the District.
The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected in the
same manner as ordinary ad valorem property taxes are collected and shall be subject to the same
penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad
valorem taxes, The Maximum Annual Special taxes when levied shall be secured by the lien
imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a
continuing lien and shall secure each levy of Maximum Annual Special. Taxes. The lien of
Maximum Annual Special Taxes shall continue in force and effect until the Special Tax ceases to be
levied in the manner provided by Section 53330,5 of the Government Code,
u
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AOENDA ITEM NO. 2 3
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Annexation No. 11 to the City of Lake Elsinore EXHIBIT "B" :
CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services)
February 28, 2005
Page B-1
Proposed
. Boundary Map
Q:\ELSINORE\CFD 2003-1 O&.M _ CFD\CFD 2003-1\fonnation\reports\Report Annexation No 11 cfd 2003_1 Lake Elsinore.doc ::L 3
AOENDA ITEM NO.
PACiE-1L-OF '""J,L(
Annexation No. 11 to the City of Lake Elsinore EXHIBIT "B"
CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services)
February 28. 2005
Page B-2 :
PROPOSED BOUNDARY OF
ANNEXATION NO. 11 TO
COMMUNITY FACILITIES DISTRICT No. 2003-1
OF THE CITY OF LAKE ELSINORE
(LAW ENFORCEMENT, FIRE. AND PARAMEDIC SERVICES)
COUNTY OF RIVERSIDE.
STATE OF CAliFORNIA
"A.
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PROPOSED BOUNDARY MAP
BIWIllS..ASSOClATtS
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Q:\ELSINORE\CFD 2003-1 O&M _ CFD\CFD 2003-1\formation\reports\Report Annexation No 11 cfd 2003_1 Lake Elsinore.doc
AOENDA ITEM NO.
PAGE Id.
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Annexation No. 11 to the City of Lake Elsinore EXHIBIT "C"
CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services) .
Property Owner Us!
February 28, 2005
Page C-1
APN
389-020-034
389-080-002
38~090-001
389-090-002
389-090-003
389-090-004
389-090-006
389-121-001
389-121-002
389-121-003
389-122-001
389-122-002.
389-122-003
389-122-004
389-122-005
389-122-006
389-122-007
389-122-010
Annexation No. 11
. City of Lake Elsinore
Community Facilities District No. 2003-1
(Law Enforcement, Fire and Paramedic Services)
Property Owner List
Owner
CASTLE & COOKE ALBERHILL RANCH
CASTLE & COOKE ALBERHILL RANCH
CASTLE & COOKE ALBERHILL RANCH
CASTLE & COOKE ALBERHILL RANCH
. CASTLE & COOKE ALBERHILL RANCH
. CASTLE & COOKE ALBERHILL RANCH
CASTLE & COOKE ALBERHILL RANCH
CASTLE & COOKE ALBERHILL RANCH
CASTLE & COOKE ALBERHILL RANCH
CASTLE & COOKE ALBERHILL RANCH
CASTLE & COOKE ALBERHILL RANCH
CASTLE & COOKE ALBERHILL RANCH
CASTLE & COOKE ALBERHILL RANCH
CASTLE & COOKE ALBERHILL RANCH
CASTLE & COOKEALBERHILL RANCH
CASTLE & COOKE ALBERHILL RANCH
CASTLE & COOKE ALBERHILL RANCH
CASTLE & COOKE ALBERHILL RANCH
Grand Total
Acreage
299.99
32.20
80.00
8.50
2.38
9.75
0.94
2.69
0.43
2.89
0.68
0.18 .
.0:36
0.18
0.64
0.33
0.63
1.19
443.96
Q:\ELSINORE\CFD 2003-1 O&M _ CFD\CFD 2003-I\formation\reports\Report Annexation No 11 cfd 2003_1 Lake Elsinore.doc
ACENDA ITEM NO.
PAcCl3
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RESOLUTION NO. 2005 - do \ .
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE 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)
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore,
California (the "City"), has heretofore adopted Resolution No. 2005-3 stating its
intention to annex certain property ("Annexation Area No. II (Alberhill Ranch)")
into City of Lake Elsinore COInmunity Facilities District No~ 2003-1 (Law
Enforcement, Fire and Paramedic Services) (the "District") pursuant to the Mello-
Roos Community Facilities Act of 1982, as amended, (the "Act"); and
WHEREAS, a copy of Resolution No, 2005-3, incorporating a description
and map of the proposed boundaries of Annexation Area No. II (Alberhill Ranch)
and setting forth the rate and method of apportionment and manner of collection of
the special tax to be levied within Annexation Area No. II (Alberhill Ranch), U
which will be used to finance a portion of the cost of providing law enforcement,
fire and paramedic services that are in addition to those provided in the territory
within Annexation Area No. II (Alberhill Ranch) prior to the annexation of
Annexation Area No. II (Alberhill Ranch) to the District and do not supplant
services already available within the territory of proposed to be included in
Annexation Area No. II (Alberhill Ranch), is on file with the City Clerk and
incorporated herein by reference; and
WHEREAS, Resolution No. 2005 - 3 set March 8, 2005 as the date of
the public hearing on the annexation of Annexation Area No. II (Alberhill Ranch)
to the District and this Council held the said public hearing as required by law; and
WHEREAS, at said hearing all persons not exempt from the special tax
desiring to be heard on all matters pertaining to the annexation of Annexation Area
No. II (Alberhill Ranch) to the District were heard and a full and fair hearing was
held; and
WHEREAS, at said hearing evidence was presented to the Council on said
matters before it, and this Council at the conclusion of said hearing is fully advised
in the premises; U.
45367576.1
AOENDA ITEM NO. ;2.:3>
PAGE /4 OF ~ l./
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE .
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW
ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS: ' '..
, .
Section 1. Pursuant to Section 53325.1(b) of the Government Code, the
Council finds inid determines that the proceeoings prior hereto were valid and in
conformity with the requirements ofthe Act.
Section 2. Annexation Area No. 11 (Alberhill Ranch) is hereby annexed
into the District.
, ,.
Section 3.. -The. description and map of the boundaries of Annexation Area
No. 11 (Alberhill Ranch) on file in the City Clerk's office ,and as described in said
Resolution No. 2005-2 and incorporated herein by reference, - shall be the
boundaries of Annexation Area No. 11 (Alberhill Ranch). The map of the
proposed boundaries of Annexation Area No. 11 (AlberhiII Ranch) has been
recorded in the Office of the County Recorder of Riverside County, California in
Book (" \ , page -1 of the Book of Maps of Assessments and Community
Facilities Districts (Instrument Number J-boS -0/5 71 ::L\). .
.. ,'.'",' ,
Section 4. .' Except where funds are otherwise available, there shall be
levied annually in accordance with procedures contained in the Act,' a special tax
sufficient to finance a portion of the cost of providing law enforcement, fire and
paramedic services that are in addition to those provided in the territory within
Annexation Area No. 11 (AlberhiIl Ranch) prior to the annexation thereof to the
District and do not supplant services already available within the territory proposed
to be included in Annexation Area No. I I (Alberhill Ranch) and other costs,
including but not limited to all costs of the tax levy. The rate and method of
apportionment of the special tax and manner of collection is described in detail in
Exhibit "A" attached hereto and incorporated herein by this reference. The special
tax shall be utilized to pay for authorized services and administrative expenses and
to fund and replenish any reserve fund established for Annexation Area No. 11
(Alberhill Ranch)
Section 5. Upon recordation of a notice of special tax lien pursuant to
Section 3 I 14.5 of the Streets and Highways Code, a continuing lien to secure each
levy of the special tax shall attach to all nonexempt real property in Annexation
Area No. 11 (Alberhill Ranch), and this lien shall continue in force and effect until
45367576. J
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A~NDA ITEM NO. 'A3
. i>r' 15 OF ~'t
the special tax obligation is prepaid or otherwise permanently satisfied and the lien U
canceled in accordance with law or until collection ofthe tax by the City ceases.
. Section 6. The Council finds that the proposed public. services are
necessary to meet the increased demand put. upon the City as. a result of the 1
development within Annexation Area No. 11 (Alberhiil Ranch). .
Section 7. The CoUncil finds that there is not an ad valorem property tax
currently being levied on property within Annexation Area No. 11 (Alberhill,
Ranch) for the exclusive purpose of financing law enforcement, fire and paramedic
servIces. ,
Section 8. Written protests against annexation of Annexation Area No. 11
(Alberhill Ranch), or against the furnishing of specified services or facilities or the
levying of a specified special. tax within Annexation Area No. 11 (Alberhill
Ranch), have not been filed by fifty percent (50%) or more of the registered voters
or property owners of one-half (l/2) or more of the area oHandwithin Annexation
Area No. 11 (Alberhill Ranch).
. . . (. -
Section 9., The Office of the City Manager, 130 South Main Street, Lake
Elsinore, California 92530, (951) 674-3124, or. its designee, is designated to be U
responsible for preparing annually a current roll of special tax levy obligations by
assessor's parcel number and for estimating future special tax levies pursuant to
Section 53340.1 ofthe Government Code.
, ,:
Section 10. The City Clerk is directed to certify and attest to this Resolutiqn
and to take any and all necessary acts to call, hold, canvass and certify an election
or elections on the levy of the special tax, and. the establishment of the
appropriation limit. '
45367576.1
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~NDA ITEM NO. 2. 3
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PASSED, APPROVED AND ADOPTED this _. day of
,2005.
.\
ATTEST:
CITY OF LAKE ELSINORE
Robert E. Magee, Mayor
Vicki Kasad, City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
45367576.1
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AGENDA ITEM NO.
PAGE.J 7
~3
OF L,l(
STATE OF CALIFORNIA
)ss.
)
)
COUNTY OF RIVERSIDE
I, Vicki Kasad, City Clerk of the City of Lake Elsinore, do hereby certify
that the foregoing Resolution was duly adopted by the City Council of said City at
a regular or adjourned regular meeting thereof held on the day of
, 2005; and that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
45367576.1
By:
Vicki Kasaq, City Clerk
5
AGENDA ITEM NO.
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EXHIBIT A
City of Lake Elsinore
Community Facilities District No. 2003-1
,(Law Enforcement, Fire and Paramedic Services)
--, -
,'. .
Rate and Method of Apportionment of Special Tax
Introduction
. ,; ,
Special taxes shall be anllually levied on all Developed Residential Property
. ..
and Developed Multi-Family Property (as hereinaft~r defined) in the City of Lake
Elsinore Community Facilities District No. 2003-1. (Law Enforcement, Fire and
Paramedic Services) (the "District"), in accordance with the rate and method of
apportionment of special ~axes hereinafter set forth. All of the property within the .
District that is not Developed Residential or Developed Multi-Family Residential.
Property shall be exempt from}heMaximum ~ual Special Taxes ofthe District.
Definitions
Assessor's Parcel. A parcel ofland in the DIstrict designated and assigned a
discrete identifying number: on a map of the County As~essor of the County of
RIverside. .'. . .
.!.
City. City of Lake Elsinore, California.
Devel~ped Multi-Family Propertj.Assessor's Parcels in the District for
which a building permit has. been Issued by the City on, or prior to March 1
preceding the Fiscal Year for the construction of a Unitthat is located or shall be
located within a building in which each individual Units has or shall have at least
one common wall 'with another Unit. ..
Developed Residential Property,. All other Assessor's Parcels in the District
for which a building permit has be~n issued ,by the- City on or prior to Mlifch 1
preceding any Fiscal Year for the construction of a Unit that is not Developed
Multi-family Property.
Fiscal Year. The period beginning on July 1 and ending on the following
June 30.
45367576.1
AG1:NDA ITEM NO.
PAGE I q
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Maximum Annual Special Taxes. The maximum annual special taxes levied U
within the District for any Fiscal Year.
Unit. Each separate residential dwelling unit, which comprises an
independent facility capable of conveyance or use separate from adjacent dwelling
units.
Rate and Method of Apportionment of Maximum Annual Special Taxes
As of July 1 of each Fiscal Year, conupencing July 1, 2003, the City shall
determine which of the Assessor's parcels within the District constitute Developed
Residential Property or Developed Mu1ti~Family Property. Beginning in Fiscal
Year 2003-04, and all subsequent Fiscal Years, the City shall levy the Maximum
Annual Special Taxes on each Assessor's Parcel of Developed Residential
Property in the amoUnt of $300 and on each Assessor's Parcel of DeveJoped Multi-
Family Property in the amount of$150 per Unit. The amount of Maximum Annual
Special Taxes shall be increased annually bY 2%, commencing in Fiscal Year
2004-05, and each Fiscal Year thereafter. .
Duration of the Maximum Annual Special Taxes
. .
u
The Maximum Annual Special Taxes shelll b~ leVied in perpetuity so long as
Law Enforcement, Fire and Paramedic Services are being provided within the
District.
The Maximum Annual Special Taxes levied in each Fiscal Year shall be
collected in the same manner as ordinary ad valorem' property taxes are collected
and shall be subject to the same penalties and the same'procedure, sale, and lien
priority in case of delinquency as is provided for ad valorem taxes. The Maximum .
Annual Special taxes when levied shall be secured by the lien imposed pursuant to
Section 3115.5 of the Streets and Highways Code. This lieri shall be a continuing
lien and shall secure each levy of Maximum Annual Special Taxes. The lien of
Maximum Annual SpeCial Taxes shall continue in force imd effect until the Special
Tax ceases to be levied in the manner provided by Section '53330.5 of the
Government Code.
U
45367576.1
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Aot:NDA ITEM NO. ').. 3
PAGE ~O OF 3i.(
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RESOLUTION NO. 2005 - ?,?...
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
. LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
CALLING A SPECIAL ELECTION
(',
WHEREAS, the City Council (t~e "Council") of the City of Lake Elsinore,
California (the "City"), has heretofore 'adopted Resolution No. 2005-2 stating its
intention to annex certain property ("Anpexation Area No. II (Alberhill Ranch)")
into City of Lake Elsinore Community Facilities District No. 2003-1 (Law
Enforcement, Fire and Paramedic Services) (the "District") pursuant to the Mello-
Roos Community Facilities Act of 1982, as amended, (the "Act"); and
WHEREAS, a copy of Resolution No. 2005-2, incorporating a description
and map ofthe proposed boundaries of Annexation Area No. II (Alberhill Ranch)
and setting forth the rate and method of apportionment and manner of collection of
the special tax to be levied within Annexation Area No. II (Alberhill Ranch),
which will be used to finance a portion of the cost of providing law enforcement,
fire and paramedic services that are in addition to those provided in the territory
within Annexation Area No. I L (Alberhill Ranch). prior to the annexation of
Annexation Area No; II (Alberhi1l Ranch) into the District and do not supplant
services already available within the territory proposed to be included in
Annexation Area No. II (Alberhill Ranch), is on file with the City Clerk and
incorporated herein by reference; and
WHEREAS, on March 8, 2005, this Council held a noticed hearing as
required by, law relative to the proposed annexation of Annexation Area No. II
(Alberhill Ranch) into the District; and
WHEREAS, at said hearing all persons not exempt from the special tax
desiring to be heard on all matters pertaining to the annexation of Annexation Area
No. II (Alberhill Ranch) into the District were heard and a full and fair hearing
was held; and
WHEREAS, 'at said hearing evidence was presented to this Council on said
matters before it, and this Council auhe conclusion of said hearing was and is fully
advised in the premises; and
(\
45367586,1
AOENDA ITEM NO. :::L 3
PACE.2J-OF 3Lf
WHEREAS, this Council adopted its Resolution No. 2005- 2 \ determining
the validity of prior proceedings relating to such annexation; and U
WHEREAS, the proposed special tax to be levied upon property within
Annexation Area No. 11 (Alberhill Ranch) to finance the above referenced public
services has not been precluded by protest of the owners of one-half (1/2) or more
of the area ofland within Annexation Area No. 11 (Alberhill Ranch), and
WHEREAS, this Council wishes to present to the qualified electors of
Annexation Area No. 11 (Alberhill Ranch) a proposition to levy special taxes on
property within each Annexation Area No. 11 (Alberhill Ranch);
NOW, THEREFORE, THE CITY COUNCIL OF THE "CITY OF LAKE
ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW
ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
, .
, ,
Section 1. . Pursuant to Government Code Section 53353.5, the Council
hereby submits to the qualified electors of Annexation Area No. 11 (Alberhiil
Ranch) a proposition (the "Annexation Area No. 11 (Alberhill Ranch)
Proposition") to levy special taxes on property within Annexation Area No. 11" U
(Alberhill Ranch) in accordance with the rate and method specified in Resolution
No: 2005 - A of the Council. The Annexation Area No. 11 (Alberhill Ranch) .
Proposition is attached as Exhibit "A.". ' . .
.'
Section 2, A special election is hereby called for Annexation Area No, 11
(Alberhill Ranch) on the Annexation Area No. 11 (Alberhill Ranch) Proposition'
set forth in Section 1 above,
Section 3, The City Clerk shall hand deliver the ballot to the appropriate I
landowner immediately upon the adoption of this Resolution.
. . Section 4. The date of the special election for Annexation Area No. 11
(Alberhill Ranch) on the proposition shall be on the 8th day of March, 2005. The .
voter ballot shall be returned to the City Clerk at 130 South Main Street, Lake
Elsinore, California 92530, no later than 11 :00 o'clock p.rn. on March 8, 2005.
Section 5. The Council finds and determines that there were no registered
voters residing within the territory of Annexation Area No. 11 (Alberhill Ranch) at
the time of the protest hearing and ninety (90) days prior thereto, and that there is . U
only one landowner in each Annexation Area No. 11 (Alberhill Ranch). The
45367586.1
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A01:NOA ITEM NO. 1- ~
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requirements of Section 53326 of the Government Code having been waived by
the respective landowner, the ballot for the special election shall be personally
delivered to the respective landowner within Annexation Area No. II (Alberhill
Ranch).
Section 6. Each Annexation Area No. II (Alberhill Ranch) shall constitute
a single election precinct for the purpose of holding said election.
Section 7. . The Council hereby directs that the election be conducted by
the City Clerk of the City of Lake Elsinore,. as the elections official.
PASSED, APPROVED AND ADOPTED this
,2005.
day of
CITY OF LAKE ELSINORE
By
Robert E. Magee, Mayor
ATTEST:
Vicki Kasad, City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
45367586.1
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A01:NDA ITEM NO.
PACE~ OF "2, L/
STATE OF CALIFORNIA
)
)'
"
) ss.
COUN'FY OF RIVERSIDE
I, Vicki Kasad, City Clerk of the City of Lake Elsinore, do hereby certify
that the foregoing Resolution was duly adopted by the City Council of said City,
acting:as the legislative body .of Community Facilities District No. 2003-1 (Law
Enforcement, Fire and Paramedic Services), at a regular or adjourned regular
meeting thereof held on the day of , 2005, and that it was
so adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Vicki Kasad, City Clerk
45367586.1
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AGi:NDA ITEM NO. :J- 3
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OFFICIAL BALLOT
CITY OF LAKE ELSINORE .
COMMUNITY FACILITIES DISTRICT NO. 2003-1
(lAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
ANNEXATION AREA NO. 11 (ALBERHILL RANCH) .
SPECIAL TAX ELECTION
March 8, 2005
To vote, mark a cross (+) in the voting square after the word "YES" or after
the word ''NO.'' All marks otherwise made are forbidden.
. This ballot is provided to . , as owner or
authorized representative of such sole owner of land within Annexation Area No.
11 (Alberhill Ranch) of City of Lake Elsinore Community Facilities District No.
2003-1 (Law Enforcement~ Fire and Paramedic Services) and represents ~ vote. .
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of
the City of Lake Elsinore at 130 South Main Street, Lake Elsinore, California
92530.
PROPOSITION Shall City of Lake Elsinore Community
Facilities District No.2003-1 (Law Enforcement, Fire
and Paramedic Services) be authorized to levy special
taxes thereof pur~uant tq the rate. and method of
apportionment of. special taxes (the "Special TaX
Formula") set forth in Resolution No. 2005-_ to
finance the authorized services and administrative
expenses and to fund and replenish a reserve fund, ifany,
all as provided for in the Special Tax Formula?
45367586.1
EXHffiIT "B"
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YES
NO
AG1:NDA ITEM NO. . 2. ~ Lf
PACE ~ c; OF
RESOLUTION NO. 2005 - ;)..~
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
CANVASSING THE RESULTS OF THE ELECTION HELD
WITIDN ANNEXATION AREA NO. 11 (ALBERmLL RANCH)
ANNEXED TO SAID DISTRICT
WHEREAS, the City Council of the City of Lake Elsinore, California (the
"Council") has previously conducted proceedings pertaining to the annexation of
certain property ("Annexation Area No. I I (Alberhill Ranch)" into the City of
Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire
and Paramedic Services) (the "District"); the rate and method of apportionment of
a special tax to finance a portion of the cost of providing certain public services,
and the calling of an election in regard to the foregoing; and
, '
WHEREAS, on March 8, 2005, an election was held within Annexation U'.
Area No. I I (Alberhill Ranch) regarding the rate and method of apportionment of
the proposed special tax; and
WHEREAS, at such election the proposal for the rate and method of
apportionment and maimer of collection of the special tax for Annexation Area No.
I I (Alberhill Ranch) was approved by the qualified electors of Annexation Area
No. II (Alberhill Ranch), respectively;
, . '
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW
ENFORCEMENT, FIRE AND 'PARAMEDIC SERVICES), DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:,
Section 1. It is hereby determined that the election conducted within
Annexation Area No. I I (Alberhill Ranch) was duly and validly conducted.
Section 2. The Council, acting as the legislative body of the District, is
authorized to levy the special tax on behalf of the District, as specified in
Resolution No. 2005 - J-. \ adopted by the City Council on March 8, 2005.
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45367594.1
AGENDA ITEM NO. 23
PAGE rl.. h OF 3 Lf
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ADOPTED, SIGNED AND APPROVED, this
,2005.
ATTEST:
day of
CITY OF LAKE ELSINORE
By:
Robert E. Magee, Mayor
Vicki Kasad, City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
45367594.1
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AOENDA ITEM NO.
PAGE al
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OF 7, L.f
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
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I, Vicki Kasad, City Clerk of the City of Lake Elsinore, do hereby certify
that the foregoing Resolution was duly adopted by the Council of said City at a
regular or adjourm:d regular meeting thereof held on the day of
, 2005, and that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Vicki Kasad, City Clerk
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A~NDA ITEM NO. 2 ~
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ORDINANCE NO. t J4:?JH'"
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ORDINANCE OF THE CITY COUNCIL OF TIlE CIlY OF
LAKE ELSINORE 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. 11
(ALBERHILL RANCH) ANNEXEQ TO SAID DISTRICT
WHEREAS, .on January 25, 2005, the City CDuncil (the':CDuncil") .of the
City .of Lake Elsinore, CalifDrnia (the "City"), adDpted ResDlutiDn' ND. 2005-3
stating its intentiDn tD' annex certain.property ("AnnexatiDn Area ND. II (AlberhiIL'
Ranch)") .intD City .of Lake ElsinDre CDmmunity Facilities District ND. 2003-1
(L~w EnfDrcement, Fire and Paramedic Services) (the "District':) pursuant tD.the
MellD-RDDS CDmmunity Facilities Act .of 1982, as amended, (the "Act"); and
, WHE~AS, nDtice was published as required' by law relative tD the
intentiDn .of the CDuncil tD , annex AnnexatiDn Area ND. II (Alberhill Ranch) intD '
the District; and . .
WHEREAS, .on March 8, 2005 this CDuncil held a nDticedpublic hearing as
required by law relative tD the determinatiDn tD prDceed with the annexatiDn .of
AnnexatiDn Area ,ND. II (Alberhill.Ranch) intD the District and the rate and
methDd .of appDrtiDnment and manner .of cDllectiDn .of the special tax tD be levied
within AnnexatiDn Area N.o. II (Alberhill Ranch) tD finance certain public
services; and
.
. WHEREAS, at said hearing all perSDns desiring tD be heard .on all matters
pertaining tD the amiexatiDn .of AnllexatiDn Area ND. II (Alberhill Ranch) were
heard and a full and fair hearing was held; and
, '
WHEREAS, the; CDuncil subsequent tD ~aid hearing adDpted ResDlutiDn ND.
2005- ?-. \ determining the validity .of. priQr proceedings . relative tQ the
annexatiDn .of AnnexatiDn Area ND. II (Alberhill Ranch), annexed AnnexatiDn
Area ND. II (Alberhill Ranch) intD the, District and authDrized the levy .of a special
tax within AnnexatiDn Area ND. J I (Alberhill Ranch); and
WHEREAS, the CDuncil subsequent tD said hearing adDpted ResolutiDn No. .
2005- .9..2- which called an electiDn within AnnexatiDn Area 'ND. II (Alberhill
Ranch) fDr March 8, 2005 .on the propDsitiDn .of levying a special tax; and
(\
45367598.1
AOENDA ITEM NO. 13
PACE~Of .~ 'I
WHEREAS, on March 8, 2005 an election was held within each Annexation
Area No. 11 (Alberhill Ranch) in which the eligible electors approved by more U
than two-thirds vote the proposition oflevying a special tax;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW
ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES ORDAIN AS
FOLLOWS:
.
Section 1. A special tax is levied within the boundaries of Annexation
Area No. 11 (Alberhill Ranch) pursuant to the formula set forth in Exhibit "A"
attached hereto and incorporated by reference in an amount necessary to finance a
portion of the cost of providing law enforcement, fire and paramedic services that
are in addition to those provided in the territory within Annexation Area No. 11
(Alberhill Ranch) prior to the annexation of Annexation Area No. II (Alberhill
Ranch) into the District, periodic costs, and costs of the tax leVy and collection.
Section 2. . This legislative body is hereby further authorized each year,
by resolution adopted as provided in section 53340 of the Act, to determine the
specific special tax rate and amount to be levied for the next fiscal year, except that
the special tax rate to be levied shall not exceed the maximum rate set forth in
Exhibit "A."
U
Section 3. . AU of the collections of the special tax shall be used as
provided for in the Act and Resolution No. 2005- ;). \ of the Council.
Section 4. The above authorized special tax shall be collected in the
same manner as ordinary ad valorem taxes are collected and shall be subject to the
same penalties and the . same procedure and sale in cases of delinquency and
provided for ad valorem taXes.
Section 5. The Mayor shall sign this ordinance and the City Clerk shall
attest to such signature. The City Clerk is directed to cause the title and summary
or text of the this ordinance, together with the vote thereon, to be published 'within
fifteen (IS) days after its passage at least once in a newspaper of general
circulation published and circulated within the territorial jurisdiction of the City,
and to post at the main office of the. City a certified copy of the full text of the
adopted ordinance along with the names of the Council Members voting for and
against the ordinance. .
45367598.1
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Section 6. This ordinance relating to the levy of the special tax takes
effect and shall be in force from and after 3Q days from the date of final passage.
A copy of this ordinance shall be transmitted to the Clerk of the Board of
Supervisors of Riverside County, the Assessor and the Treasurer-Tax Collector of
Riverside County.
PASSED, APPROVED AND ADOPTED this
2005
day of
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Robert E. Magee, Mayor
ATTEST:
Vicki Kasad, City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
45367598.1
AOENDA ITEM NO. :2 3
PAGE...3.LOF 3'7
3
STATE OF CALIFORNIA
)
. )ss.
)
COUNTY OF RIVERSIDE
I, Vicki Kasad, City Clerk of the City of Lake Elsinore, do hereby certify
that the foregoing ordinance was duly adopted by the City Council of said City at a
regular or adjourned regular l!leeting thereof held on the day of
, 2005, and that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
45367598.1
By:
. Vicki Kasad, City Clerk
4
AOENDA ITEM NO. ;) 3
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NOTICE OF ADOPTION OF ORDINANCE NO. 2005-
NOTICE IS HEREBY GIVEN that on March 8, 2005, at the Council
Chambers of the City of Lake Elsinore, 183 North Main Street, Lake Elsinore,
California 92530, the City Council of the City of Lake Elsinore, in its capacity as
the legislative body of the City of Lake Elsinore Community Facilities District No.
2003-1 (Law Enforcement, Fire and Paramedic Services), held a public hearing
and adopted Ordinance No. 2005-_" A summary of Ordinance No. 2005-_
follows and is marked as Exhibit "A". At said time and place the testimony of all
interested persons or taxpayers for or against said ordinance was heard.
Ordinance No. 2005-_ was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, ACTING AS THE
LEGISLATIVE BODY OF THE CITY OF
LAKE ELSINORE COMMUNITY
FACILITIES DISTRICT NO. 2003-1 (LAW
ENFORCEMENT, FIRE AND
PARAMEDIC SERVICES)
Dated:
. , 2005 By
Vicki Kasad, City Clerk
45367598.1
5
AOENOA ITEM NO. 1~
PACE'~ 3 OF ~ 'f
EXHIBIT" A"
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BEFORE THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND
PARAMEDIC SERVICES)
IN THE MATTER OF
Authorizing the Levy of a
Special Tax Within
Annexation Area No. 11
(Alberhill Ranch) Annexed to
City of Lake Elsinore
Community Facilities District
No. 2003-1 (Law
Enforcement, Fire and
Paramedic Services)
) ORDINANCE NO. 2005 -
SUMMARY
)
)
)
)
)
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The ordinance authorizes levy of an annual special tax within Annexation
Area No. 11 (Alberhill Ranch) annexed to City of Lake Elsinore Community
Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services)
(the "District"), collected in the same manner as ordinary ad valorem taxes, in an
amount necessary to finance a portion of the cost of providing law enforcement,
fire and paramedic services that are in addition to those provided in the territory
within Annexation Area No. 11 (Alberhill Ranch) prior to the annexation of
Annexation Area No. 11 (Alberhill Ranch) to the District, which is necessary to
meet increased demands placed upon the City as a result of development or
rehabilitation occurring within Annexation Area No. 11 (Alberhill Ranch).
DATED:
45367598.1
, 2005 CITY OF LAKE ELSINORE
By:
Vicki Kasad, City Clerk
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CITY OF LAKE ELSINORE _
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
, "
DATE:
MARCH 8, 2005
SUBJECT:
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.5 (LA
LAGUNA PHASR3)..,
BACKGROUND
On January 25, 2005, the City Council adopted a resolution of intention to annex
the Rosetta Canyon development into Landscape and Street Lighting District No.
1.
DISCUSSION
The district annexation includes the La Laguna Phase 3 development which
contains approximately 28 streetlights. The total annual cost of operations and
maintenance is estimated at $5,884 or $60.04 per single family dwelling unit. The
estimated cost for the first year includes a 50% reserve of $2,492 bringing the total
to $8,376 or $85.46 per single family.dwelling unit for the first year only., The ','
1972 Act requires that a special fund be set up for the revenues and expenditures of
the District and each annexation or zone tracked separately. Any balance or deficit
remaining on July 1 must be carried over to the next fiscal year.
The City Council may approve up to a two percent (2%) fixed rate adjustment
annually. The rate adjustment will adjust the Maximum rate bu~not necessarily
the assessment rate. If costs begin to exceed assessment revenue, the City Council
may increase the assessment up to the Maximum.
AGENDA ITEM NO. :t l\
PNJE-L-oF-1..5L.
Report to the City Council
March 8, 2005
Page 2 of2
FISCAL IMPACT
The City will have the appropriate funding to cover lighting for the designated
areas in the district.
RECOMMENDATION
This is an advertised Public Hearing.
The following is recommended to the City Council:
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1. Open the Public Hearing and take testimony
2. City Clerk opens sealed ballot(s), tallies vote(s), announces vote tally and
states whether a majority protest exists
3. Ifnomajority protest exists, then by motion, adopt Resolution No. 2005 - U
. 1-'-\ approving the annexation of territory and the levy of assessments for
Lake Elsinore Landscape and Street Lighting District No.1;
PREPARED BY:
.~~~
. Matt N. Pressey, Director
dministrative Services.
APPROVED FOR"
AGENDA LISTING:
AOENDA ITEM NO.
PAGE . d
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of.lCf
En,gineer's Report
for
Annexation No. 5
to the.
Lake Elsinore
Landscape and Street Lighting
Maintenance District No. 1
(La Laguna Phase 3)
. City of Lake Elsinore
Riverside County, California
Prepared by:
II Hams & Associates
januaiy 18, 2005
AGENDA ITEM NO. 2. 4
PAGE 3 Of~
Annexation No.5, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No.1
January 18, 2005
Page i
ENGINEER'S REPORT
ANNEXATION NO.5 to the LAKE ELSINORE
LANDSCAPE AND STREET UGHTING MAINTENANCE DISTRICT NO.1
The undersigned respectfully submits the enclosed report as directed by the City Council. The
undersigned certifies tfult she is a Professional Engineer, registered in the State of California.
DATED: January 18, 2005
V~
RC.E. No. 41965
I HEREBY CERTIFY that the enclosed .Engineer's Report, together with Assessment Roll and
Diagram thereto attached. was filed with me on the _ day of ,2005.
City Clerk, City of Lake Elsinore
Riverside County, California
By
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and
Diagram thereto attached, was approved and confirmed by the City Council of the City of Lake
Elsinore, California, on the _ day of ,2005.
City Clerk, City of Lake Elsinore
Riverside County, California
By
q:\elsinore\llmd1\formation\n,ew dislrict\annex no. 5 IImd engineer's relXH1.doc
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Annexation No.5, City ofLake Elsinore
Landscape and Street Lighting Maintenance District No. 1
january 18, 2005
Pageii
ENGINEER'S REPORT
ANNEXATION NO.5 to the LAKE ELSINORE
LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. I
TABLE OF CONTENTS
Certificates ........ ......... ............ ................. ....... ..................... .............................. i
Report.. ..... .......................................................................... ... .:::.., ..,...... ........... 1
Part A - Plans and Specifications..........:.....;........................................ 3
.
Part B - Estimate of Cost ...........................:....:.....:..............:............... 4
Part C - Assessment Roll..................................................................... 5
Part D - Method of App?rtio~ent. of Assessrrient............................... 6
Part E" Property Owner List ..................:............:....:...........:.............. 8
Part F -Assessment District Boundary ...............................,.............,.. 8
Q:\elsinorelJlmd1\Jormation\new district\annex no. 511md engineer's report.doc ,
AGENDA ITEM NO.
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Annexation No.5, City ofLake Elsinore
Landscape and Street lighting Maintenance District No. 1
.. January 18,2005
Page 1
CITY OF LAKE ELSINORE
ENGINEER'S REPORT
Prepared Pursuant to the Provisions of the Landscaping and
Lighting Act of 1972 (California Streets and Highways Code
Section 22500 through 22679), Article XIIm of The California
Constitution, and The Proposition 218 Omnibus Implementation
Act (California Government Code Section 53750 Et Seq.)
Pursuant to Part 2 of Division 15 of the Streets arid Highways Code of the State of California, Article
XIIlD of the California. Constitution, the Proposition 218 Omnibus Implementation Act and in
accordance with the Resolution of Initiation adopted by the Council of the City of Lake Elsinore,
State of California, in comiection with the proceedings for: .
CITY OF LAKE ELSINORE .
'1: . , -
ANNEXATION NO. 5to the LANDSCAPE AND
STREET LIGHTING MAINTENANCE DISTRICT NO.1'
hereinafter referred to as the'''Asse'ssment'District'' or "District", I, Joan E.Cox;'P.E., the authorized
representative of Harris & Associates, the duly appointed ENGINEER OF WORK, submit herewith
the "Report" consisting of six (6) parts as follows:
PART A
Plans and specifications for the improvements showing and describing the general nature, location
and extent of the improvements.
PART B
An estimate of the cost of the proposed improvements for FY 2005-06, including incidental costs and
expenses in connection therewith.
PARTC
An assessment of the estimated cost of the improvements on each benefited lot or parcel of land
within the Assessment District.
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Annexation No.5, City ofLake Elsinore
Landscape and Street Lighting Maintenance District No.1
January 18,2005
Page 2 .
PARTD
The method of apportionment of assessments, indicating the proposed assessment of the total amount
of the costs and expenses of the improvements upon the several lots and parcels of land within the
Assessment District, in proportion to the estimatedbenefits,to be received by such lots and parcels.
PARTE
A list of the names and addresses of the owners of real property within the Assessment District, as
shown on the last equalized roll of the Assessor ofihe County of Riverside. .
PARTF
The Diagram of the Assessment District Boundaries showing the exterior boundaries of the
Assessment District, the boundaries of any zones within the Assessment District and the lines and
dimensions of each lot or parcel ofland within the AssessmentDistrict.
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Annexation No.5, City ofLake Elsinore
Landscape and Street Lighting Maintenance District No.1
January 18,2005
Page 3
PART A .
PLANS AND SPECIFICATIONS
J'
The facilities will be' operated, serviced 'and maintained as generally described as follows:
DESCRIPTION OF IMPROVEMENTS, FY 2005-06
The facilities to be maintained and serviced include landscaping for the specific Maintenance District
as described herein. Facilities include but are not limited to: landscaping, planting, shrubbery, trees,
turf, irrigation systems, hardscapes, fixtures, and appurtenant facilities, in public rights-of-way,
parkways, slopes and dedicated easements within the boundaries of said Maint~nance District.
Zone 1 (the original District) - Encompasses the Water Ridge Development and funds landscape
and street lighting maintenance and operations: " '
Zone 2 (Annexation No.1) - Encompasses the Elsinore Homes Development and funds landscape
and street lighting maintenance and operations.
Zone 3 (Annexation No.2) - Encompasses the Pepper Grove Development and funds landscape and
street lighting maintenance and operations.
Zone 4 (Annexation No.3) - Encompasses the Serenity Development and funds landscape and
street lighting maintenance and operations,
Zone 5 (Annexation No.4) - Encompasses the Rosetta Canyon Development and funds street
lighting maintenance and operations.
Zone 6 (Annexation No.5) - Encompasses the La Laguna Phase 3 Development and funds street
lighting maintenance and operations.
The facilities in Zone 6 are specifically described as follows:
. Street lights within the public right-of-way (28 street lights)
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance,
operation and servicing of the street lights and appurtenant facilities, including repair, removal or
replacement of all or part of any of the street lights or appurtenant facilities.
Servicing means the maintenance of any of the lighting facilities or appurtenant facilities and the
furnishing of electric current or energy, gas or other illuminating agent for the lighting facilities.
The plans and specifications for the improvements, showing and describing the general nature,
location, and the extent of the improvements, are on file in the office of the Director of Public Works
and are incorporated herein by reference.
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Annexation No.5, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No. 1
January 18,2005
Page 4
PART B
ESTIMATE OF COST
The estimated cost of the operation, servicing and maintenance of the street light improvements.for
Fiscal Year 2005-06, as described in Part A, are summarized herein and described below.
ANNEXATION NO.5 to the LANDSCAPE AND
STREET LIGHTING MAINTENANCE DISTRICT NO.1
Proposed Budl!et - Fiscal Year 2005-06
Zone 6, Fiscal Year 2005-06 Estimated Costs
Operations and Maintenance
Reserve (50%)
Sub-Total
$4,984.60
$ 2.492.00
$ 7,476.00
District Administration
$900.00
Total Estimated Costs
$8,376.00
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District.
Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the
District by the City may be made to reduce assessments, as the City Council deems appropriate. Any
balance or deficit remaining on July 1 must be carried over to the next fiscal year.
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AGENDA ITEM NO. 1 L\
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Annexation No.5, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No. 1
January 18,2005
Page 5
PART C
ASSESSMENT ROLL
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The, total proposed assessment for Fiscal Year 2005-06 and the ,amount of the total proposed
assessment apportioned to each lot or parcel within Zone 6 of the District, as shown on the latest
assessment roll at the Riverside County Assessor's Office, are contained in the Assessment Roll
provided below.
The description of each lot or parcel is part of the Riverside County assessment roll and this roll is,
by reference, made part of this Report.
Assessor's Parcel Number
391-260-051 (portion)l
391-260-061 (portion)f
Dwelling Units
FY 2005-06 Max. Asmt
98
$8,375.08*
*The maximum assessment is $0.92 less than the estimated budget
due to rounding of the assessment per dwelling unit.
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Annexation No.5, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No. 1
. January 18,2005
Page 6
PART D
METHOD OF APPORTIONMENT OFASSESSMENT
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GENERAL
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972,
permits the establishment of assessment district by cities for the purpose of providing certain public
improvements which include construction, operation, maintenance and servicing of street lights,
traffic signals and landscaping.
Section 22573 of the Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance
assessments be levied according to benefit rather than according to assessed value. This section states:
. "The net amount to be assessed upon lands within an assessment district may be apportioned
by any formula or method which fairly, distributes the net amount among all assessable lots
or parcels in proportion to the estimated benefits to be received by each such lot or parcel
from the improvements."
The 1972 Act permits the designation of zones of benefit within any individual assessment district if
"by reason of variations in the nature, location, arid extent of the improvements, the various areas will
receive different degrees of benefit from the improvements:" (Sec. 22574). Thus, the 1972 Act
requires the levy of a true "assessment" based on the actual benefit rather than a "special tax."
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In addition, Proposition 218, the "Right to Vote on Taxes Act" which was approved on the November
1996 Statewide ballot and added Article xmD to the California Constitution, requires that a parcel's
assessment may not exceed the reasonable cost of the proportional special benefit conferred on that
parcel. Article XIIID provides that only special benefits are assessable and the City must separate the
general benefits from the special benefits. Article XmD also requires that publicly owned property
which benefit from the improvements be assessed.
REASON FOR THE ASSESSMENT
The assessment is proposed to be levied to pay for the costs of the construction, servicing and
maintenance of street lighting and appurtenant improvements within the District.
SPECIAL BENEFIT ANALYSIS
Street Lighting. Proper maintenance and operation of the streetlights \>enefit all properties within
the District by providing security, safety and community character and vitality as outlined below.
Streetlights provide only incidental benefits to motorists traveling to, from or through the area.
BENEFITS OF STREET LIGHTING
Security and Safety
. Mitigates crime
.' Alleviates the fear of crime
. Enhances safe ingress/egress to property
Community Character and Vitality
. Promotes social interaction
. Promotes business and industry
. Contributes to a positive nighttime visual image
(\
q:\eIsinorelJlmd1\formation\neW district\annex no. 5 Umd engineer's report.doc
A094DA ITEM NO.
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Annexation No.5, . City of Lake Elsinore
Landscape and Street Lighting Maintenance District No. 1
January 18,2005
Page 7
Improvements that provide a special benefit to an isolated group of parcels ofland located within the
District are considered to be a localized benefit, and the costs associated with these improvements are
assessed to all assessable parcels receiving the localized benefit. Localiied benefits include the
construction, operation, servicing and maintenance of the improvements that only benefit the parcels
located within the localized areas. .
Localized Improvements - Parcels that have street lighting adjacent to or near their parcels directly
benefit from the improvements and are assessed for the costs of the localized improvements.
ASSESSMENT METHODOLOGY
Zone 6
The parcels of land in Zone 6 are single family residential (SFR) lots, with each of these lots
benefiting equally from the improvements being maintained. Therefore, the costs associated with the
street lighting within and directly adjacent to the development, as shown in part B of this report, will
be apportioned on a residential lot basis. The table below provides the assessment apportionment for
Zone 6.
SFR
lots
98
Max. Maint. Asmt Actual Asmt
per lot IFY 2005-06)*' per lot (FY2005-06)
$85.46 $85.46
Total Max. Asmt
For District
$8,376.00
* The maximum aimual maintenance assessments shall be increased each year by 2%. The actual
assessments levied in any fiscal year will be as approved by the City Council and may not exceed
the maximum assessment rate without receiving pr?perty owner approval for the increase.
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Annexation No.5, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No. 1
January 18,2005
Page 8
PART E
PROPERTY OWNER liST
A list of names and addresses of the owners of all parcels 'within this District is shown on the last
equalized Property Tax Roll of the' Assessor of the County of Riverside, which by reference is hereby
made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the
Assessment Roll, Part C of this Report.
PART F
ASSESSMENT DISTRICT BOUNDARIES
Diagrams showing the exterior boundaries of the District and the lines and dimensions of each lot or
parcel ofland within the District are provided' on the following page,
. ' " .
The lines and dimensions of each lot or parcel within the District are those lines and dimensions
shown on the maps of the Assessor of the County of Riverside for.' Fiscal Year 2004-05, The
Assessor's maps and records are incorporated by reference herein and made part of this report.
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LEGEND:
DISTRICT BOUNDARY
."..:,
VICINITY MAP
NO SCALE
The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside
for Fiscal Year 2004-05.
Annexation No.5 to the Landscape and
Street Lighting Maintenance District No, 1
Assessment Diagram
Page 1 of 1
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AOt:NDA ITEM NO. 0.. Y
PAGE' I Lf OF ....l.9......
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RESOLUTION NO. 2005 - :.f.L\
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE,. COUNTY OF RIVERSIDE, STATE OF
. CALIFORNIA, APPROVING . THE ANNEXATION OF
TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE
ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT
NO.1 AS ANNEXATION AREA NO.5 (LA LAGUNA PHASE 3)
" . .
WHEREAS, the City Council of the City of Lake Elsinore, pursuant to the
provisions of the Landscaping and Lighting Act of 1972 being Division 15 of the
Streets and Highways Code of the State of Cali fomi a (the "Act"), did on the 28th day
of December, 2004, adopt a resolution initi~ting proceedings for the annexation of
certain property (the "Annexed Area") into the Landscape and Street Lighting District
No. 1 (the "District") as Annexation Area No.5 (La Laguna Phase 3), (the
"Annexation"), for the purposes provided therefore in the Act; and
WHEREAS, said Resolution was duly and legally published in the time, form,
and manner as required by law, and which Resolution is on file in the Office of the
City Clerk; and
WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby
require that ifthe assessment is new, a notice ofthe proposed assessment, along with a
ballot, shall be mailed to all owners of identified parcels within the Annexation, and
that the agency shall conduct a public hearing not less than 45 days after the mailing of
said notice; and
WHEREAS, the property owner of said Annexation has submitted a signed and
notarized petition and an assessment ballot in favor of the proposed assessment against
the Annexation; and
WHEREAS, the. property owner by Signing said petition, hereby waives th.e
statutory requirements for the 45-day noticing period for the publIC hearing and rights
of majority protest; and
WHEREA~, said petition and assessment ballot is on file in the Office of the
City Clerk; and ..
WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is
AGENDA ITEM NO. ?. L\
PAGE J C) OF.....i!i.-
RESOLUTION NO. 2005 -
March 8, 2005 - Page 2
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designated Landscape and Street Lighting District No.1, Annexation Area No.5 (La
Laguna Phase 3), showing the boundaries of the Annexation, which are benefited by
the improvements and the amount to be assessed against each of the parcels within the
Annexation; and . .
WHEREAS, the diagram and assessment have been filed with the City Clerk
and are open to public inspection and may be referred to for all details regarding the
improvements, the boundary of the Annexation, the assessments, the total costs, and
the description of the parcelto be assessed; and
WHEREAS, the City Council has examined and considered the diagram, the
assessments, and the proceedings prior thereto; and
WHEREAS, said City Council having duly received and considered evidence,
oral and documentary, concerning the jurisdiction facts in the proceeding and
concerning the necessity for the contemplated work and the benefits to be derived
therefrom, and said City Council having now acquired jurisdiction to order the
~~~ U
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, STATE OF CALIFORNIA:
SECTION 1.
. That the above recitals are true and correct.
SECTION 2. That the City hereby proposes an annual levy of assessments .
for the Landscape and Street Lighting District No.1, Annexation Area No.5 (La
Laguna Phase 3).
, ..,
Installation, construction, or maintenance of any authorized improvements under
the Act, including, but not limited to, streetlight and landscape improvements and any
facilities which are appurtenant to any of the aforementioned or which are necessary or
convenient for the maintenance or serVicing thereof.
SECTION 3. The City Manager has directed to cause the preparation of a
report in accordance with Article 4 of the Act for the Annexation and which is on file
with the City Clerk.
SECTION 4. .
,
. A diagram for the Annexation (Section 22570 of the Streets
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RESOLUTION NO. 2005 -
March 8, 2005 - Page 3
and Highways Code) and an assesSment (Section 22572 df the Streets and Highways
Code) showing the area to be benefited and assessed for the improvements has been
prepared as Exhibit "A." The diagram, assessments, and improvement plans have been
filed with the City Clerk.
SECTION 5. The City Council hereby fmds that each and every part of the
Engineer's Report is sufficient and the City Council hereby approves, passes on, and
adopts the Engineer's Report as submitted to the City Council and filed with the City
Clerk.
SECTION 6. The City Council does hereby reference the Engineer's
Report that indicates the amount of the assessments, the Annexation boundary, detailed
description of improvements, and the method of assessment. The Engineer's Report is
on file in the office of the City Clerk and reference to the Engineer's Report is hereby
made for all particulars.
SECTION 7.
Resolution.
The City Clerk shall certify to the adoption of this
AGENDA ITEM NO. d.. Y
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RESOLUTION NO. 2005 -
March 8, 2005 - Page 4
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PASSED, APPROVED, AND ADOPTED this. day ~ of
,2005.
, ..:
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Robert E. Magee, Mayor
ATTEST:
Vicki Kasad, City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, the City Clerk of the City of Lake Elsinore, do hereby certify that the
foregoing Resolution was duly adopted by the City Council of the City of Lake
Elsinore at a regular meeting thereof, held on the _ day of , 2005 by
the following vote of Council:
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
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Vicki Kasad, City Clerk
AGENDA ITEM NO. 2l\ .
PAGE J F OF~
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LEGEND:
DISTRICT BOUNDARY
VICINITY IIAP
NO SCALB
The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside
for Fiscal Year 2004-05.
("1
Annexation No.5 to the Landscape and
Street Lighting Maintenance District No.1
Assessment Diagram
Page 1 of 1
AOENDAITEMNO.~
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CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
MARCH 8, 2005
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.6
(ALBERHILL RANCH)
SUBJECT:
BACKGROUND
On January 25,2005, the City Council adopted a resolution of intention to annex
the Rosetta Canyon development into Landscape and Street Lighting District No.
1.
DISCUSSION
The district annexation includes the Alberhill Ranch development which contains
approximately 244 street lights. The total annual cost of operations and
maintenance is estimated at $44,332 or $42.45 per dwelling unit. The estimated
cost for the first year includes a 50% reserve of $21,716 bringing the total to
$66,048 or $63.25 per dwelling unit. The 1972 Act requires that a special fund be
set up for the revenues and expenditures of the District and each annexation or
zone tracked separately. Any balance or deficit remaining on July 1 must be
carried over to the next fiscal year.
The City Council may approve up to a two percent (2%) fixed rate adjustment
annually. The rate adjustment will adjust the Maximum rate but not necessarily
the assessment rate. If costs begin to exceed assessment revenue, the City Council
may increase the assessment up to the Maximum.
ACENDA ITEM NO.
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Report to the City Council
March 8, 2005
Page 2 of2
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FISCAL IMPACT
The City will have the appropriate funding to cover lighting for the designated
areas in the district.
RECOMMENDATION
This is an advertised Public Hearing.
The following is recommended to the City Council:
1. Open the Public Hearing and take testimony
2. City Clerk opens sealed ballot(s), tallies vote(s), announces vote tally and _
states whether a majority protest exists
3. Ifno majority protest exists, then by motion; adopt Resolution No. 2005 - U
?-- '5 approving the annexation of territory and the levy of assessments for
Lake Elsinore Landscape and Street Lighting District No. I;
PREPARED BY:
~~
Matt N. Pressey, Director 0 aministrative Services
APPROVED FOR
AGENDA LISTING:
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ACENDA ITEM NO.
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Engineer's Report
for
Annexation No. 6
to the
Lake Elsinore
Landscape and Street Lighting
. Maintenance District No. 1
(AlberhilJ Ranch)
City of Lake Elsinore
Riverside County, Califomia
Prepared by:
II Harris & Associates
January 18,2005
AOENDA ITEM NO. :1 S-
PACE 7, OF ao
Annexation No.6, City of lake Elsinore
landscape and Street Lighting Maintenance District No.1
January 18, 2005
Pagei
ENGINEER'S REPORT
ANNEXATION NO.6 to the LAKE ELSINORE
LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1
The undersigned respectfully submits the enclosed report as directed by the City Council. The
undersigned certifies that she is a Professional Engineer, registered in the State of California.
DATED: January 18,2005
~~
~Y: Joan E. ox
R.C.E. No. 41965
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and
Diagram thereto attached, was filed with me on the _ day of , 2005.
City Clerk, City of Lake Elsinore
Riverside County, California
By
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and
Diagram thereto attached, was approved and confirmed by the City Council of the City of Lake
Elsinore, California, on the _ day of , 2005.
- q:\elsinore\llmd1\lonnation\new dlstrict\annex no. 61lmd engineer's reportdoc
City Clerk, City of Lake Elsinore
Riverside County, California
By
AOENDA ITEM NO.
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Annexation No.6, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No. 1
January 18,2005.
Pageii
ENGINEER'S REPORT
ANNEXATION NO.6 to the LAKE ELSINORE
LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1
TABLE OF CONTENTS
Certificates ................. ....................................................................................... i
Report.. ....... ..... ..;.:............. c.....:......... ........................... .,'. ..................:..... .........,. I
. Part A - Plans and Specificatioils..................................:...............:..:... 3 .
Part B - Estimate of Cost ...............................................,...................,. 4
Part C - Assessment Roll..................................................................... 5
Part D - Method of Apportionment of AssessmenL............................ 6
Part E ~ Property Owner List .................:.....,....................................... 9
Part F - Assessment District Boundary ..........................,......................9
q:\elsinore\llmd1\formation\new district\annex no. 6 lImd engineer's report.doc
ACENDA IT!M He. .
PACE _I:)
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Annexation No.6, City ofLake Elsinore
Landscape and Street Lighting Maintenance District No.1.
. January 18,2005
Page 1
CITY OF LAKE ELSINORE
ENGINEER'S REPORT
Prepared Pursuant to the Provisions of the Landscaping and
Lighting Act of 1972 (California Streets and Highways Code
Section 22500 through 22679), Article XIIm of The California
Constitution, and The Proposition 218 Omnihus Implementation
Act (California Government Code Section 53750 Et Seq.)
Pursuant to Part 2 of Division 15 of the Streets and Highways Code, of the State of California, Article
XIIID of the California Constitution, the Proposition 218 Omnibus Implementation Act and in
accordance with the Resolution of Initiation adopted by the Council of the City of Lake Elsinore,
State of California, in connection with the proceedings for:
CITY OF LAKE ELSINORE
ANNEXATION NO. 6\0 the LANDSCAPE AND
STREET LIGHTING MAINTENANCE DISTRICT NO.1
hereinafter referred to as the "Assessment District" or "District", I, Joan E: Cox, P.E., the authorized
representative of Harris & Associates, the duly appointed ENGINEER OF WORK, submit herewith
the "Report" consisting of six (6) parts as follows:
PART A
Plans and specifications for the improvements showing and describing the general nature, location
and extent of the improvements.
PARTB
An estimate of the cost of the proposed improvements for FY 2005-06, including incidental costs and
expenses in connection therewith.
PARTC
An assessment of the estimated cost of the improvements on each benefited lot or parcel of land
within the Assessment District.
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Annexation No.6, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No.. 1
January 18, 2005
Page 2
PARTD
The method of apportionment of assessments, indicating the proposed assessment of the total amount
of the costs and expenses of the improvements upon the several lots and parcels of land within the
Assessment District, in proportion to the estimated benefits to be received by such lots and parcels.
PARTE
A list of the names and addresses of the owners of real property within the Assessment District, as
shown on the last equalized roll of the Assessor of the County of Riverside.
PART F
The Diagram of the Assessment District Boundaries showing the exterior boundaries of the
Assessment District, the boundaries of any zones within the Assessment District and the lines and
dimensions of each lot or parcel ofland within the Assessment District.
q:\elsinore\llmd1\formatton\new district\annex no. 611md engineer's.report.doc
AGENDA ITEM NO.
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Annexation No.6, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No.1
January 18,2005
Page 3
PART A
PLANS AND SPECIFICATIONS
The facilities will be operated, serviced and maintained as generally described as follows:
DESCRIP.TION OF IMPROVEMENTS, FY 2005-06
The facilities to be maintained and serviced include landscaping for the specific Maintenance District
as described herein. Facilities include but are not limited to: landscaping, planting, shrubbery, trees,
turf, irrigation systems, hardscapes, fixtures, and appurtenant facilities, in public rights-of-way,
parkways, slopes and dedicated easements within the boundaries of said Maintenance District.
Zone 1 (the original District) - Encompasses the Water Ridge Development and funds landscape
and street lighting maintenance and operations.
Zone 2 (Annexation No.1) - Encompasses the Elsinore Homes Development and funds landscape
and street lighting maintenance and operations. .
Zone 3 (Annexation No.2) - Encompasses the Pepper Grove Development and funds landscape and
street lighting maintenance and operations.
Zone 4 (Annexation No.3) - Encompasses the Serenity Development and funds landscape and
street lighting maintenance and operations.
Zone 5 (Annexation No.4) - Encompasses the Rosetta Canyon Development and funds street
lighting maintenance and operations.
Zone 6 (Annexation No.5) - Encompasses the La Laguna Phase 3 Development and funds street
lighting maintenance and operations.
Zone 7 (Annexation No.6) - Encompasses Tract 28214 of the Alberhill Ranch Development and
funds street lighting maintenance and operations.
The facilities in Zone 7 are specifically described as follows:
. Street lights within the public right-of-way (244 street lights)
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance,
operation and servicing of the street lights and appurtenant facilities, including repair, removal or
replacement of all or part of any of the street lights or appurtenant facilities.
Servicing means the maintenance of any of the lighting facilities or appurtenant facilities and the
furnishing of electric current or energy, gas or other illuminating agent for the lighting facilities.
The plans and specifications for the improvements, showing and describing the general nature,
location, and the extent of the improvements, are on file in the office of the Director of Public Works
and are incorporated herein by reference.
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Annexation No.6, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No. 1
. january 18, 2005
Page 4
PART B
ESTIMATE OF COST'
The estimated cost of the operation, servicing and maintenance of the street light improvements for
Fiscal Year 2005-06, as described in Part A, are summarized herein and described below.
ANNEXATION NO.6 to the LANDSCAPE AND
STREET LIGHTING MAINTENANCE DISTRICT NO.1
Proposed RuMe! - Fiscal Year 2005-06
Zone 7, Fiscal Year 2005-06 Estimated Costs
Operations and Maintenance
Reserve (50%)
Sub-Total
$43,432.00
$21.716.00
$65,148.00
District Administration
$900.00
Total Estimated Costs
$66,048.00
The 1972 Act requires that a special fund be set up for the reveuues and expenditures of the District.
Funds raised by assessment shall be used only for the purpose as stated herein. kcontribution to the
District by the City may be made to reduce assessments, as the City Council deems appropriate. Any
balance or deficit remaining on July I must be carried over to the next fiscal year.
q:\eIsinore\llmd1\formation\new dislrict\annex no. 611md engineer's report.doc
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Annexation No.6, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No. 1
January 18, 2005
Page 5
PART C
ASSESSMENT ROLL'
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The,'total proposed assessment for .Fiscal Year 2005-06 and the amount of the total proposed
assessment apportioned to each' lot or parcel within Zone 7 of the District, as shown on the latest
assessment roll at the Riverside County Assessor's Office, are contained in the Assessment Roll
provided below.
The description of each lot or parcel is part of the Riverside County assessment roll and this roll is,
by reference, made part of this Report. .' . .
Assessor's Parcel Number
EDU's
FY 2005-06 Max. Asmt
389-020-034
389-080-002
389-090-00 I
389-090-002
389-090-003
389-090-004
389-090-006
.389-121-001
. 389"121-002
. 389"121-003 .
389-122-001
389-122-002
389-122-003
389-122-004
389-122-005
389-122-006
389-122"007
389-122-010
. ..
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1,044.26
$66,047.98*
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'The maximum assessment is $0.02 less than the eslimated budget
due to rounding of the assessment per dwelling unit.
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Annexation No.6, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No.1
January 18,2005
Page 6
. PART D
METHOD OF APPORTIONMENT OF ASSESSMENT
GENERAL
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972,
permits the establishment of assessment disirict by cities for the purpose of providing certain public
improvements which include construction, operation, maintenance and servicing of street lights,
traffic signals and landscaping.
Section 22573 of the Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance
assessments be levied according to benefit rather than according to assessed value. This section states:
"The net amount to be asse'ssed upon lai,ds wiihi~ an assessment district may be apporti~ned
by any formula or method which fairly distributes the net amount among all assessable lots
or parcels in proportion to the estimated benefits to be received by each such lot or parcel
from the improvements."
The 1972 Act permits the desigll~tionof zones of benefit within any individual assessment district if
"by reason of variations in the nature, location, and extent of the improvements, the various areas will
receive different degrees of benefit'from the 'improvements." (Sec. 22574). Thus, the 1972 Act
requires the levy of a true "assessment" based on the actual benefit rather than a "special tax."
n
In addition, Proposition 218, the "Right to Vote on Taxes Act" which was approved on the November
1996 Statewide ballot and added Article XIIID to the California Constitution, requires that a parcel's
assessment may not exceed the reasonable cost of the proportional special benefit conferred on that
parcel. Article XIIID provides that only special benefits are assessable and the City inust separate the
general benefits from the special benefits. Article XIIID also requires that publicly owned property
which benefit from the improvements be assessed. . ....
REASON FOR THE ASSESSMENT
, ,
The assessment is proposed to be levied to pay for the costs of the construction, servicing and
maintenance of street lighting and appurtenant improvements within the District.
SPECIAL BENEFIT ANALYSIS
Street Lighting. Proper mamtenance and operation of the streetlights 'benefit all properties within
the District by providing security, safety and community character and vitality as outlined below. '
Streetlights provide only inCidental benefits to motorists traveling to, from or through the area.
". BENEFITS OF STREET LIGHTING
o
Security and Safety
. Mitigates crime
. Alleviates the fear of crime
. Enhances safe ingress/egress to property.
Community Character and Vitaiity
. Promotes social interaction
. Promotes business and industry
e' . Contributes to a positive nighttime visual image
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Annexation No.6, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No.1
January 18, 2005
Page 7
Improvements that provide a special benefit to an isolated group of parcels ofIand located within the
District are considered to be a localized benefit, and the costs associated with these improvements are
assessed to all assessable parcels receiving the localized benefit. Localized benefits include the
construction, operation, servicing and maintenance of the improvements that only benefit the parcels
located within the localized areas.
Localized Improvements - Parcels that have localized landscaping such as entryway landscaping,
parkway landscaping, etc., and street lighting adjacent to or near th.eir parcels directly benefit from
the improvements and are ~ssessed for the costs of the localized improvem.ents.
ASSESSMENT METHODOLOGY
Equivalent Dwellinl! Units
To establish the special benefit to the individual parcels within Zone 7 of the District, an Equivalent
Dwelling Unit system is used. Each parcel of land is assigIJed Equivalent Dwelling Units ("EDU's")
in proportion to the estimated special benefit the parcel receives relative to th~ other parcels within
the District from the streetlights. . .
The single-family detached (SFD) residential parcel has been selected as the basic unit for calculation
of assessments; therefore, the SFD residential parcel. is defined a~ one Equivalent Dwelling Unit
(EDU). A methodology has been developed to relate all other land uses to the SFD residential land
use as described below. .
Condominiums. Condominiums will be assessed equivalent to a single-family detached; therefore I
EDU per unit.
Multi-family Residences (Apartments). Multi-family residential parcel equivalencies are
determined by multiplying the number of dwelling units on each parcel by 0.75, due to the relative
population density of this type of dwelling unit and reduced unit size compared to the typical density
and size of an SFD. Studies have consistently shoWll that the average apartment unit impacts
infrastructure approximately 75% as much as a single-family residence. (Sources: Institute of
Transportation Engineers Informational Report Trip Generation, Fifth Edition, 1991; Metcalf &
Eddy, Wastewater Engineering Treatment, Disposal, Reuse, Third Edition, 1991). Trip generation
and wastewater usage are a function of population density. Based on this, it is concluded that other
infrastructure will be similarly impacted. at a reduced level. The smaller average unit size of
multiple-residential parcels result in a lesser enhancement per unit to property values.
Developed Non-Residential (Non-Res). Developed non-residential properties are defined as improved
commercial, industrial and institutional properties (such as school property or churches). In converting
these properties toEDU's, the size of the parcels are compared to the average. size ofa single-family
residential lot, which is 7,200 square feet. This equals approximately 6 SFR lots per acre of land.
Therefore, developed non-residential parcels are assignedEDU's at a.rate of 6 EDU's per acre..
Vacant/Parks. Parcels that are designated for parks or parcels that are developable but do not have a
fmalized development map are assessed based upon the acreage of the parcel. These properties receive
special benefits based on their land, as this is the basis of their value. Based upon the opinions of
professional appraisers, appraising current market property values for real estate in Southern California,
q:\elsinore\ltmd1\fonnation\new district\annex no. 6 Umd engineer's report.doc
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AGENDA ITEM NO.
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Annexation No.6, City ofLake Elsinore
Landscape and Street lighting Maintenance District No. 1
January 18,2005
Page 8
the land value portion of a property typically ranges from 20 to 30 percent of the property's total value.
Additionally, the utilization of vacant property is signifkantly less than improved property and vacant
property has a traffic generation rate of O. Therefore, vacant parcels (and park parcels) will be assessed
at the rate of25% of Non-Res properties, or 1.5 EDU per acre or any portion thereo(
Open Space. Parcels designated ,as open, space do not receive special benefits from the
Improvements and are therefore exempt from the assessment.
The table below provides the assessment apportionment for Zone 7.
EDU's
1,044.26
Total Max. Asmt
For District
$66,048.00
* The maximum annual maintenance assessments shall be increased each year by 2%. The actual
assessments levied in any fiscal year will be as approved by the City Council and may not exceed
the maximum assessment rate without receiving property owner approval for th~ increase.
q:\elsinorelJlmd1\formation\new district\annex no. 6 Rmd engineer's report.doc
AGENDA ITEM NO.
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Annexation No.6, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No. 1
January 18,2005
Page 9
PART E
PROPERTY OWNER LIST
A list of names and addresses of the owners of all parcels within this District is shown on the last
equalized property Tax Roll of the Assessor of the County of Riverside, which by reference is hereby
made a part of this report. This list is keyed to,the Assessor's Parcel Numbers as shown on the
Assessment Roll, Part C of this Report.
PART F
ASSESSMENT DISTRICT BOUNDARIES
Diagrams showing the exterior boundarie~ of the District and the lines ~d di~e~sions of each lot or
parcel ofland within the District are provided on the following page.
The lines and dimensions of each lot or parcel within the District are those lines and dimensions
shown on the maps of the Assessor of the County of Riverside for Fiscal Year 2004-05. The
Assessor's maps and records are incorporated by reference herein and made part of this report.
q:\efsinore\llmd1\formation\new district\annex no. SlImd engineer's report.doc
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13. JUI22004
14. J8112~
15. 381122001
tl. 311122007
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LEGEND:
VICINITY !lAP
NO SCALE
DISTRICT. BOUNDARY
The parcel numbers above correspond to the Assessor's maps ofthe Assessor of the County of Riverside for
Fiscal Year 2004-05.
Annexation No.6 to the Landscape and
Street Lighting Maintenance District No.1
Assessment Diagram
Page 1 of 1
AGENDA ITEM NO.
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RESOLUTION NO. 2005 - '- 5
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, APPROVING THE ANNEXATION OF
TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE
ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT
NO.1 AS ANNEXATION AREA NO.6 (ALBERHILL.RANCH)
WHEREAS, the City Council of the City of Lake Elsinore, pursuant to the
provisions of the Landscaping and Lighting Act of 1972 being Division 15 of the
Streets and Highways Code of the State of Cali fomi a (the "Act"), did on the 28th day
of December, 2004, adopt a resolution initiating proceedings for the annexation of
certain property (the "Annexed Area") into the Landscape and Street Lighting District
No.1 (the "District") as Annexation Area No.6 (Alberhill Ranch), (the "Annexation"),
for the purposes provided therefore in the Act; and
WHEREAS, said Resolution was duly and legally published in the time, form,
and manner as required by law, and which Resolution is on file in the Office of the U
City Clerk; and
WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby
require that if the assessment is new, a notice ofthe proposed assessment, along with a
ballot, shall be mailed to all owners of identified p~cels within the Annexation, and
that the agency shall conduct a public hearing not less,than 45 days after the mailing of
said notice; and
WHEREAS, the property owner of said Annexation has submitted a signed and
notarized petition and an assessment ballot in fav.or of the proposed assessment against
the Annexation; and '
WHEREAS, the property owner by signing said petition, hereby waives the
statutory requirements for the 45-day noticing period for the public hearing and rights
of majority protest; and
'."-
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WHEREAS, said petition and assessment ballot is on file in the Office of the
City Clerk; and
WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is
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RESOLUTION NO. 2005 -
March 8, 2005 - Page 2
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designated Landscape and Street 'Lighting District No.1, Annexation Area No.6
(Alberhill Ranch), showing the boundaries of the Annexation, which are benefited by
the improvements and the amoUnt to be assessed against each of the parcels withinthe
Annexation; and
WHEREAS, the diagram and assessment have been filed with the City Clerk
and are open to public inspection and may be referred to for all details regarding the
improvements, the boundary of the Annexation, the assessments, the total costs, and
the description of the parcel to be assessed; and
WHEREAS, the City Council has examined and considered the diagram, the
assessments, and the proceedings prior thereto; and
WHEREAS, said City Council having duly received ahd considered evidence,
oral and documentary, concerning the jurisdiction facts in the proceeding and
concerning the necessity for the contemplated work and the benefits to be derived
therefrom, and said City CoUncil having now acquired jurisdiction to order the
proposed work.
o
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, STATE OF CALIFORNIA:
SECTION 1.
That the above recitals are true and correct.
SECTION 2. That the City hereby proposes an annual levy of assessments
for the Landscape and Street Lighting District No. I, Annexation Area No.6 (Alberhill
Ranch).
Installation, construction, or maintenance of any authorized improvements under
the Act, including, but not limited to, streetlight and landscape improvements and any
facilities which are appurtenant to any ofthe aforementioned or which are necessary or
convenient for the maintenance or servicing thereof.
SECTION 3. The City Manager has directed to cause the preparation of a
report in accordance with Article 4 of the Act for the Annexation and which is on file
with the City Clerk.
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SECTION 4.
A diagram for the Annexation (Section 22570 of the Streets
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and Highways Code) and an assessment (Section 22572 of the Streets and Highways
Code) showing the area to be benefited and assessed for the improvements has been
prepared as Exhibit "A." The diagram, assessments, and improvement plans have been
filed with the City Clerk.
. SECTION 5. The City Council hereby finds that each and every part ofthe
Engineer's Report is sufficient and the City Council hereby approves, passes on, and
adopts the Engineer's Report as submitted to the City Council and filed with the City
Clerk.
SECTION 6. The City Council does. hereby reference the Engineer's
Report that indicates the amount of the. assessments, the Annexation boundary, detailed
description of improvements, and the method of assessment. The Engineer's Report is
on file in the office of the City Clerk and reference to the Engineer's Report is hereby
made for all particulars.
SECTION 7.
Resolution.
The , City. Clerk shall . certify to the adoption of this
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RESOLUTION NO. 2005 -
March 8, 2005 - Page 4
PASSED, APPROVED, AND ADOPTED this day _ of
,2005.
Robert E. Magee, Mayor
ATTEST:
Vicki Kasad, City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, the City Clerk of the City of Lake Elsinore, do hereby certify that the
foregoing Resolution was duly adopted by the City Council of the City of Lake
Elsinore at a regular meeting thereof, held on the _ day of ,2005 by
the following vote of Council:
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
Vicki Kasad, City Clerk
AGeNDA ITEM NO. 2 S
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VICINITY MAP
NO SCALE
LEGEND:
DISTRICT. BOUNDARY ,
The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for
Fiscal Year 2004-05.
Annexation No.6 to the Landscape and
Street Lighting Maintenance District No.1
Assessment Diagram
Page 1 of 1
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AGENDA ITEM NO. 25
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CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
MARCH 8, 2005
SUBJECT:
PUBLIC HEARING ON 2005 LOCAL LAW
ENFORCEMENT BLOCK GRANT PROGRAM AWARD
BACKGROUND
The City of Lake Elsinore has been awarded a grant under the Local law
Enforcement Block Grant Program (LLEBG). The $ 20,319.00 grant is
administered by the Federal Bureau of Justice (BJA). These funds are to be used for
Sheriff Department overtime costs.
DISCUSSION
This funding will assist with the burden placed on this department's budget. Captain
Louis Fetherolfhas attached a detailed report on how these funds will be utilized.
Some special conditions to this grant award are as follows:
,
.. 1. Appointment of an Advisory Board Consisting of representatives from the
following;
A. Local police or sheriff's dept.;
B. Local prosecutor's office;
C. Local court system;
D. Local public school system; and
E. Local nonprofit, educational, religious or community group.
2. A meeting must be held for the Advisory Board to review the application
for funding.
AGENDA ITEM NO. ').;
"PAGE \ OF ·
3. At least one (1) Public Meeting will be held regarding the proposed use of
these LLEBG funds.
The purpose of this hearing is to complete condition #3. Captain Louis Fetherolf
has completed items #1 & #2 and attached the Advisory Committee Report for your
reVIew.
FISCAL IMPACT
The additional $ 20,319.00 from the LLEBG Program will assist in offsetting the
Law Enforcement Budget for Fiscal Year 04/05 and as previously mentioned, will
help cover additional overtime costs for additional Crime Prevention Programs. The .
grant requires matching funds of $ 2,258.00 which will be taken from the General
Law Enforcement Budget.
RECOMMENDATION
It is recommended that the Mayor and City Council approve use these Grant Funds.
as recommended in the Advisory Boards Report to Council.
PREPARED BY:
BithLu /1t~C'L-
Diane Block, Account Specialist III / PR
APPROVED BY:
~
Matt N.Pressey, Di tor of Administrative Services
APPROVED FOR
AGENDA LISTING:
a
U:\diane\grants\2005 LLEBG Report to Council 03-08-2005
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RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
,'"
Lake Elsinore Station
~~---~--_..._~~--.,-----------------~---
it
* Captain
* Lieutenan!_
* Sergeant
* Deputy DA
* Superintendent
* Ct. Ops, Mgr.
* Manager
DATE:
November 24, 2004
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Bol; Doyle. Sheriff
TO:
Diane Block
Finance Department
FROM:
. Louis Fetherolf, Captain
v
Re:
I,.LEBG-9 Advisory Board Meeting L
On November 22, 2004, Advisory Board. members weree-mailed a list of suggested law
enforcement activities to bEl performed by the Lake. Elsinore Sheriffs Station. The.
funding source for conducting the law enforcement program is to come from the 2004-
2005 LLEBG-9 grant. The below listed Advisory Board members participated in the
(\ program selection and voting process:
(\
Louis Fetherolf
John Anderson
Vincent Scarpino
Raquel Marquez
Dr Sharon Lindsey
Carrie Snuggs
. Linda Sanford.
Police Department
pOliGe Department
Police Departmeni
District Attorney
School District
Court System
"Community Connections"
NoncProfit
All board .members responded via e-mail and cast their votes with exception of Raquel
Marquez, wtJo is on vacation. Raquei Marquez gave her proxy vote to Sergeant Vincent
Scarpino prior to her departure.
The following areas of enforcement were agreed upon as justified under the grant
parameters and most desirable for the community:
1. Central Business District Patrol: Foot and bike patrol enforcement in
the commercial areas and central business district targeting prostitution,
panhandlers, narcotics violators and other related criminal offenses.
333 Limited Street
Lake Elsinore. CA 92530
ACilENOA ITEM NO~ ;2 fa
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2. Traffic Enforcement Proqram: Specific targeted areas will be selected
within the city for selective enforcement of traffic related problems; to
include school zones, and gridlock problem areas. Traffic deputies w<;>rking
on motorcycles will be employed to supplement the program.
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3. City Enhancement and Safety Proqram: To provide assistance to city
code enforcement officers in' the identification of properties and vehicles
deemed to be public safety nuisances by enforcing specific code violations.
4. Holiday Enforcement Proqram: To provide high visibility patrols and
enforcement in the commercial and retail centers in the City of Lake
Elsinore commencing on November 24,2003 through New Years Day.
5. Off Road Vehicle Enforcement Proqram: To provide enforcement of off
road vehicles on private and public property without permission.
Enforcement to occur in specific targatedareas within the City of Lake
Elsinore.
6. Parole and Probation Enforcement Proqram: To conduct parole and
probation compliance checks on probationairs and parolees residing within
the City of Lake Elsinore by using teams of deputies, probation officers and
parole. agents. These teams will determine if the contacted person is in
compliance 'With their terms and conditions of probation and/or parole. If
violations are found the team will make an arrest or take other appropriate
action
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7. Ganl:! Suppression Proqrams: To take a proactive stance to deter gang
activity within the City of Lake Eisinore. This includes indetifyingknown
gang members, investigating gang related criminal activity, graffiti
abatement.
8. Truancy Sweep Proqram: To provide teams of School Resource Officers
(SRO's), deputies, school district staff, and probation officers, to proactively
seek out students who are truant during school hours. Teams will work
specific targeted areas students are known to frequent.
9. Holiday Enforcement Proqram: To provide high. visibility and
enforcement in the commercial and retail centers primarily in the city from
November 24, 2003 through December 26, 2003 and during other holiday
periods. .
10. Others
llEBG_9_0M.112404.WO
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333 Limited Street
Lake Elsinore, CA 92530
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RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
Lake Elsinore Station
Bob Doyle, Sheriff
DATE:
February 8, 2005
TO:
Diane Block, City of LakeElsinore
FROM:
Lientenant Ross R. Koepp
RE:
LLEBG 9 Grant Fund Designations
Diane -
As a follow-up to our telephoue conversation, and in consultation with Chief Fetherolf, please designate
the LLEBG 9 Grant Funds to the following programs:
I.Holiday Enforcement Program
$13,546
n 2. City Enhancement & Safety Program
$3,386
3. Off-Road Vehicle Enforcement Program $3,386
4. Central Business District Patrol Program $2,259
Total-
. $22,577
Should you have questions regarding this request, please contact Chief Fetherolf or myself at (951) 245-
3300.
Regards,
Ross R. Koepp.
Lake Elsinore Police & Sheriff
n
333 Limited Street
Lake Elsinore, CA 92530
(951) 245-3300
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CITY OF LAKE ELSINORE
n REPORT TO THE CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: ROBERT A. BRADY, CITY MANAGER
DATE: . MARCH 8, 2005
SUBJECT: ROSETTA CANYON CFD 2004-3 FORMATION -
SCHEDULED PUBLIC HEARING -CONTINUE TO MARCH
22,2005
BACKGROUND
n
On December 28, 2004, the City adopted a resolution of intention to form
Community Facilities District (CFD) 2004-3 (Rosetta Canyon) and a resolution of
intention to incur bonded indebtedness to finance the facilities. A public hearing
was scheduled for February 8, 2005. On February 8, the public hearing was
opened and continued until March 8, 2005 and now will need to be continued until
March 22,2005. The developer is still working with Elsinore Valley Municipal
Water District (EVMWD) on the agreement, which must be approved by the
EVMWD Board of Directors before coming back to the City. The agreement is
scheduled to go to the EVMWD board on March 10, 2005.
FISCAL IMPACT
None
RECOMMENDATION
It is recommended to the City Council announce that the Public Hearing will be
continued to the March 22, 2005 City Council meeting.
PREPARED BY:
APPROVED FOR
n AGENDA LISTING:
Ro
AOENDA ITEM NO. 2. I
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