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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 **'#**'*,ir'*)***,~*,**.,**'-k;**'**"Jt*W*:,*~*,**:***-**:.** ***.*.***.********* *.*********** '. ",:TIJESDAY,MARCH 8,2005- 5:00 P.M. ,:\, , . ',., ,".' , ' ',' 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, ',..~.., ..;...<....,<.'.,:'_. . ROLL GALL, PRESENTATIONS/CEREMeNIALS :):'__;?i';:: " ' "-, -, -'" -,' ,', ", ",' -::'-":"'__',::",-,., t ' A. ' ~resentation-c- Fire Statiqn Naffifng Committee. ",<:,;." ,..';.' : ,'-<.."':" . '.. .. .:'.,: ,.':.......'. _.":-.,_,:'.'.:,..", .'c.;..'....:....';..>...: '_', ,'Ce'-" ,.::.-...,'.. :,,:. B.. · Pr~chlmation :"F:i~h & Loaves,l'rogram. ".......,.. '. ,,-. " . , ,:;",',- -. . C. . Presbntation - Chaniber of Commerce Update. D. Presentlition- Lake Management Plan. Page Two - City Council Agenda -'- March 8, 2005 CLOSED SESSION REPORT 'T' t Ole' PUBLIC COMMENTS - NON-AGENDIZEDITEMS71MlNUTEG'~' ~ , ,- -- " _ '_ '-'''-i'- .'''' ", - - _ ~_~,-!/fr-' (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) 11 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. . . '. . . . . . . . . Page Thtee-: CityCouncil Agenda ..,.. March 8, 2005 '\ ~ ...l:.. .<v RECOMMENDATioN: ' - . Adopt Resolution No. 2005-16. , .':" .c.....'. ..... ...... ...... :...'.........'..::..:..:,...,.: ....,_..,_.>. ":",;_..,':. .. '..:'...'..'....,..,.,.... '''" 'c',.' ." .:'....,. ,...., ,.............,.... .- 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. ";) , .....). , , Page J?iv:e -City CounciIAgentla':"M,' arcb8, 2005 . ,"".' . . . . . '. . .""" .' , 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. , . : , . RECOMMENDATION: Hold Rtiblic Hearing, Canvass Election & Adopt.Resolution No; 2005- 25. 26. ' ',,' ..... ',-" ...... ..','::.":' Publie Hearingotig005 Local Law Enforcement Block Grant Program ,Award. 1 " " RECOMMENDATION:' Approve Use of Grapt Funds. f ' 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, ", ....,>.-, n" , , CITY ATTORNEY COMMENTS COMMITTEE REPORTS . -. .,. , ,,- , ~ ~'-.' - CITY TREASURER COMMENTS f' ,'," ..... . .' CrTY:COUNCIL COMMENTS '~'-/':.<.::~r~c," "" -.:.:-..~ "', ~",',.." , . ADJOlJRNMENT .... . . wH~~A~~the Fish & Loaves Pr~gtaniwas founded':in' 1992:'im:d;"".'.,;;',.;.:. . .' """'<".,. ',., '. '. ~', ~; " , .'- - - .: ',Ui':" , )~~"'~"';n"bemg~\~~ ......~, ""te~', i;,,~ fa';'~ to a , ", ,- ; '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:: ! ' -" -' . , ; . . , ~ , \ -, - -. .' - , ~-, ' , -, - ',- , , '-' - ., - :,,' ' , " - -. , .' cbiiunuiiity., .' . ",..' co'.'" ,,,,;._,,, -- '-',",-'.- . . - ..: , '., " ' !, '. ,"-' .:: .' .;:, ,~dIJERTE, MAGEE;MA~bR/ , ( , , , - - ' " " : ' : , : ' , ,,~ ' '; " . -" ;: -,'" '-" , " \ -; ;" ~ \ ' :, \ . '. , \; ~ ; : ; -- -- -- -- A~NOA ITEM No.-....0 " PAGE-L OF--L (1 n n MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET . LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 8,2005 ****************************************************************** 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 u 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. u 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. u 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. (\ 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. n 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 u 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. u 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. . ,. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: u 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. [1 AENDA .rEM NO. l. c... ,. " PAGE-5- OF 3').. \ Page Six - City Council Minutes - February 8, 2005 u 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. u 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 u \, e-. , AQENDA ITEM NO. 3 ?.. PAGE~OF - n Page Seven - City Council Minutes - February 8, 2005 ~ i ,I 1 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 ' ;: 'I I' 1 n 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., n 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,..... ,. "PAGEloF 3). I Page Eight - City Council Minutes - February 8, 2005 u 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, \1a...L. AGENDA lTE::1.0. 3 ?-' PAGE OF 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. n 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. n Mayor Pro Tern Schiffuer expressed hopes that after the proposed process the project could be completed. AQENDA .TEM NO. \ ' 0.... , PAGE <1 OF:) J- Page Ten - City Council Minutes - February 8, 2005 u . 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. u 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 u Page Fourteen - City Council Minutes - February 8, 2005 . t1 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. u 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. u 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. n 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. n 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?.. u u u 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. n 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. - - Page Sixteen - City Council Minutes - February 8, 2005, u 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 u 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. n 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). n 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 ., u 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. II " Ii I , I, I 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. , , , 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. I , n 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 n 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 u 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. u 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... '" 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.. n 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. n 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. \.0... . AQENDA ITEM NO. " PAGE..l..L OF 3?. Page 1\venty-1\vo - City Council Minutes - February 8, 2005 u 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. u 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. n 60. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and drive'eVays. . .' , -, 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, .- .. . . , . . 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. .' ..- l' ." . 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). n 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 ) '.- . \.w AGENDA ITEM NO. 3 2 " PAGEnOF Page Twenty-Four - City Council Minutes - February 8, 2005 u 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 I . , . . 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. n 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 u 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. u 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 u AQENDA nEM NO. _t. Cv "" PAGE:J:::k.. OF 3 J.. ('\ Page 1\venty-Seven '- City Council Minutes ~ February 8,2005 (\ 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\.. " PAGE :J.-lOF 3?- Page 1\venty-Eight - City Council Minutes - February 8, 2005 u 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. u AQENOA ITEM NO. \ . CA. "- 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.. n 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 u 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. U \ . (;,., 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.... "" PAGE..3.L OF ::) J. 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 U 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. u 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 u 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 (\ 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. u 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. u 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. u AQENDA ITEM NO. \ I Iv . " PAGE-.!i.. OF..J..k.. PAGE 5 - PLANNING COMMISSIQN MINUTES ~ February 1, 2005 n 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 n 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. u 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. u 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 . PAGE~OF~ PAGE 7 - PLANNING COMMISSION MINUTES - February 1,2005 n 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. n 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. n AQENDA ITEM NO. lib, PAGE 7 OF..J.h. 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. u 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 PAGE..LOF~ U PAGE 9 - PLANNING COMMISSION MINUTES - February 1,2005 (1 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. (\ 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. , 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.~ '- PAGE-3-0F--1J2... 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. u 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. ' u 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. " u AQENDA .fEM NO.~ PAGE ([) OF I <0 PAGE 11 - PLANNING COMMISSION MINUTES - February 1, 2005 . . ("\ 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. (\ 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. u 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". :," 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. u 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. u AQENOA nEM NO. I, b . PAGE ''A ;X (' (' (' 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. . u 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: u . 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, " PAGEB OF.lh.. PAGE 15 - PLANNING COMMISSION MINUlES - February 1,2005 . n · 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. (\ 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, "'-. PAGEJ.2. OF---Lh 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. PAGE~OF--1.k- u u u n n (\ 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:., ~,'_ "., PAGE I OF 5 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, u 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. u 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. . u AQENOA ITEM NO.~ ""-. PAGE :2 OF t; PAGE 3 - PLANNING COMMISSION MINUlES - February 15, 2005 (1 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. n 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 "0 PAGE 3 OF ,~. 1(1 PAGE 4 - PLANNING COMMISSION MINUTES - February 15, 2005 u City Manager Brady noted the upcoming, Planner's Institute and indicated that it would be worthwhile for new Commissioner to attend. STAFF COMMENTS " ' 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 u 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. u AGlENDA ITEM NO. t.e..... PAGE-=t. OF 5" n n n 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 , PAGE-f. OF :; . , . .' u u u n , ..; > n 2/28/2005 WARRANT 022805 AQENOA ITEM NO. )... "PAGE I OF l.{ , 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. PAGE :J. OF-L 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 2/28/2005 WARRANT 022805 Ar.oENDA ITEM NO. 2 " PAGE-I.. OF If 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 u .U 2/2812005 WARRANT 022805 f1\QENoA ITEM NO. ..2 '" PAGE-Y OF..!::i- n n ('. 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 . AfJENOA ITEM NO. 2> " PAGE--L OF--1Q.. CI February 16,2005 u .. fO) ~@~nw~ In) 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. u 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 u AQENOA ITEM NO. J '" PAGE 0-. OF ~ n 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,;"" , InJ . :l!1~ [1; ,Cff~clDat=- ~eceived) "E ~=_..".- ... ,"'.' _. : ". ':-,1., . ooY-IJ- , , 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. ' . - . . . " . TO rnI: HOSORABU MAYOR AND CITY COUNCIL, CITY OF LAJQ:ELSINOIU:,CALlFORNlA: 'i " . '-"' . -'. . ' .. . ,. -" - '. - . . . - . . . . ,'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-, :;) ~ I , n 2. ,I SI4n1~ 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. n ~~~. .~.l:::Ii~~-$~;~~P0~: 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 A.....&JA JaCM NO.".. - "" PAGE~ OF-1.!2- i 'I ,i ~ r' u "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 :l( s. Give the name(s) of the City employee(s) !:8\ISing the damage or injury: uV\ ILvtflWn i 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-- U AQENDAITEM NO. 3 ,~ PAGEJOFJJL n I ,I 11 II I i n II !I 'I II II , n ,. ,;~, m'd l\:!lOl ~0"d -~,-'-.'--'" '" _--;S;,:Y';;~,y;;. ,'-r:. L \'; ;"-"(,'_T'( 'N':f,,~ ~:/_r:' f~".-:~ ":;\ ~ '..' ,=., 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. ~~; -, ,._-~"'~- ---- ".- ..-.....- .....' .....--~;."_._-.- . . fl. Custo~'leI"s" .Orl;lf:}r.:N.o: "Nam'(j:'-07b1::~t,'n f.r~i. , F ...;.Jated)J'),5i (}q.. . Address: ISOlDBYrnCHARGEtON ;C~T'I MDSERETD /PMD OUT I .. - , I r:.......,... k r i-fTT'':''?L'' l E;~ I_i.~........ ... _....-. 1< .I t.- ~100.3_ .. >>0 :-1'_7:.... L f. 11a.."'I.yt'!!.lI_[eKl . r~.:J[~~~~~~~~.I~ .... - -'.;.~ ~I'),,,,,H~ . __._ ___.w_ ,'. ,".,.. '. . . .. -':"'--~_. - ,'-';',' . l!S.!:>'fJ ... . ..... . . .. r-~- n__~___.. _'_, n.'_", ,.. .~, _ ~ __ _ ._._~_<"""" .. ,;': ;'^~;- : ;t~"~ (" f:6L.06096 01 ~~ .0 ~~I t: ~ ~ ~ TOTAL: 1M, 1M wo~~ W\:!0v:~0 c66~-8c-S~ ....._..._..-......-..~ ..........- ...-. , ! i i , I ' . , ~. -~........_.__. I. . r . :-;t, ['>I".~ ~Y-A.WAV '~ 90VVN ~~~YMi?r .)e~lINDA81.E l. Flec'~.!!L_ __ ..._ L 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" u 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 u 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. . PAGE~ OF..J...Q... n ('\ ('\ 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 . ~ -':_~J L}~ ~ f... 1:O:Lt 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 13 ....--.. . AEft>A JTEM NO 3 " . PAGES OF ~ puIpOSeSC' . AD obligations under this provision are to be,paid ~ T icensee as they are inc:urred by the Jty. , ' . -, '. u 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 14 ..~-_. u AQENDA lTEI,f NO. ' .) PAGE--!.o- OF---LQ.. n (1 (1 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.~ ,,' PAGE.3 . OF Co .J 0 0 I C C'- en '" l- e> U .. W lL ..., LO 0 0 a:: 1, lL Q) lL lL 0 . co In N ~ 0 0 W 0 W z Iii w ..J :;; lL <I: :;; Z 0 <I: U en w I ~ I- !2 s (.) Q) .~ ~ N D. .... N - C 0 0 'in - C Q) II) x :J Q) .... N ~ '" .;. ... t'! '9 ~ 0 LO C '" 'in C W 0 Q) E .>0: 0 '" 0 ..J en - 0 "0 z> '> '" (} C LL W to :;; :::l Z W Z " 0 .. J: .. ~ 0.. ell c z ~ <I: .. c W - .. E f' :;; ,g .. ;2 - E ~ "w ~o Z I- 0" ('5 u s .. i:!: a8 ~ 0.. 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III ., .. >-r. en Q) 'C ~ .. ., fi..!!! Ol 6.5 III ~~ \J ~ Qi .. '5 ~ ~-;..:T u. .~ CD ~ 0 i ~~ g4 a. <? '0 ::E m E~ w ,_ Q)'e: I- W Q)inO - Cl U >-'iif 0< 0< ~enE c Q. .. ~Q) z Q) =r. W <35; CJ en u 1: < 'C = CD i.gcn O a. i!! , Q. N <u:-~ ~ U 0> '" W ~ ;>: a:: o Cl w !i: U . (1 (\, n 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 " l~~~,~;lr I I ,[ Ii [1 I, I n " ,. , , .1. AGENDA ITEM NO. PACE ,,,\ y OF ,,,>.'1 AGENDA ITEM NO. .5 PAGE-5.... OF ~ CITY OF LAKE ELSINORE INTEROFFICE MEMORANDUM u 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). u . 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. ACENDA ITEM l'iD. 4 PACf-1-DF 33 u AQENDA ITEM NO. ~ PAGE...k- OF~ n n n ~~~w . 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. is . 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. x . 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. PAG'i \ '5 AGENDA ITEM NO. :; PAGE~ OF--3..:L If OF ."1~ . 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 'IlMl;;j;~i~W~:'i;'~ AGENDA ITEM NO. PACE to AGENDA ITEM NO. 5 cg OF..3i.. PAGE u u ~ OF ,q~ u n i: n " I ., ., I I ! n PUNCH LIST. FROM COUNTY OF RIVERSIDE DEPARTMENT OFENVIRONMENT AL HEALTH SERVICES CULTURAL CENTER PROJECT ;~;AAi:>l~I~ --.---~ ~ AGENDA ITEM NO. Ll PAGE 1 . OF q')_ ,/ AGENDA ITEM NO. " PAGE-3- OF~ "t-~~ ':'.i:;'J;..~\?Y,~",.:,~~<;;. ., -'- ,-' :',' .~t'0':: ;_:':"<::--:~:_:;_'_ ,:_ __ ,: _:.:, ".' "'''-\--'~''',-'-.',._...'-_.JI#.f.~.;,. ,-;'''i ,~ ,,' :', ., ',:. C'''~_',;,' " >. ; , : Co" \;:':>;",: ;,-!>;. :-,-,; ':;.-_:;:' ~,-::.",,__~ ."'.. ""-:'.-:::.'< ;,.., . 't6uN~.'()~~II;E~$I[)~COMMUNhYHEAL1ifl};bk~t';""~'J.g~"1./ .DEPARrMENTOFENVIRONMENTA~HEALTH",iP" ..'. "......... . . .' ENVIRONMENTAL HEAI,.TH SERVICES' '/3-.,. q.4Cv4"J.H SUPPLEME~<REPORTTO SAN FORM"~ DATE4::H ;"1'1--(;";- SUBJEcTf&:t4;Me- 'tLt~h~e '( !Q'u<~( C.. 'ttdi~&~,;;~~;16Z ~~ ;{~E"~ 0W~I' <..~ "/""..1 ..f"'..... ADDRESS _ c. / . vI.r )'.f<,'~ur:~j... INSPECTOR lJl...(6 11s!L~.!)'C., ) TI / /l.1c.w.!;. I}.,.r '5e-.d tl s~ \.I- a4 #e- j.4 l~ ~12-P . Tec\'e:d e --lo \.~l""'......__ l;~,,.:.(-,~ L-~/ "(P)' ,\ _~.~ 0EH.SAN.116(~v8lO2l V){.i \./" - - . .~~/' ,~..:.: . .. "'~-::/7~--- - ._.' 'l,'.,/ .--/.- /.-" / u AGENDA ITEM NO. ::;; PAGE I 0 OF~ n (\ (\ CITY OF LAKE ELSINORE CULTURAL CENTER PROJECT LIST OF WORK TO BE COMPLETED , ,~iill~tn;~ ACENOAlltl'lll"'V'~ PAOl'--LOF. ~"> AaENDA ITEM NO. :; PAGE.Jl. OF.1L ~~l'i'lili 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 u 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 u I\CENOA ITEM NO. PACE If) l{ OF 33 u AIi1ENDA ITEM NO. PAGE I?- OF 5 31- n 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. 1ffi~"i.I;~~l-"AA>ti: 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 n 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. PACE II 4 OF ,~?, n t AGENDA ITEM NO. PAGElloF.3L u LIST OF CONTRACTORS WITH MAINTENANCE SERVICE AGREEMENTS '~~~8~ u Il,CENDA ITEM NO. ~ PACE /8, OF 3':) u AQENDA ITEM NO. :; " PAGEfloF...1.5- n n n 't<&'''*.''''l~'':;~';i<< " 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 . '.; AGENOAITEM NO.~ PAOE j,,,> OF ,~"> ~ AGENDA ITEM ~. C; PAGE.J.2. OF.1i- :;"bi;'l4~ [:M"'1 INTEROFFICE MEMORANDUM u 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. u 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 PACELoF~ .......-.. /,- ----- u ACENOA ITEM NO, S PAGE.l.'e.. OF 2.1. n ""~."t~~,!o<,:>~".".,,.. n (\ ~....'- ,."" - 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; SUBJECT rSt41ief,-L3-~~M i €(j'-~l ADDRESS ~{(t.b-' M' VJlHl::' >J - \ ""} '.' - - DATE V-~/.}..(-; ------ fJ,n<7p.../J .'. \' Q)?ERMrt'Ntl.P-A::,'". (( ,,- Ca'rf- REMARKS: l1'II S 1\ e II L; j" / INSPECTOR lli:'rs;0~,p ).. F VI4t.0VI'T /{Fi./I Covr",)V' (IrA !r^,1 - /14C!.cs;.. '-.It-1 i1.- If: )( If; -t14,V d d\(c>,;, .k . l6>v S,,:,!f \:l J4 'I? c,-vlr> ~ ::rv---- ) SVI-lc;rJ..L-l, v~lIollL , , IN # e.. <? (;<:.e!' l1":, J4. !-M,d <;"i.'. K. P' Tec\eC ~ ( 6',<() J 1Etf.SoVf.11a{AevMl2t . "~' - ,-/.' '. AGENDA ITEM NO. .5 PAGE..J.] OF.2i.. ~ <f:-~C.Q INTEROFFICE MEMORANDUM u ----~ ~-------~_._- TO: FROM: .DATE: SUBJECT: RICHARD J. WATENPAUGH, Cln' MANAGER DAVID W. SAPP, DIRECTOR OF COMMUNITY SERVICES t\'>' NOVEMBER 16,2004 CUL TURAL CENTER REPAIRS c 0;:::. . .;'\{~Q \\..- . .J."_"\.'~-\. V'L" ----- ----..-----------.-----------.----..---------...- ----,----~---- 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"", u :cd c, Assistant City Manager Director of Administrative Services Finance Manager Public Works Manager RecreationfT aurism Manager On 0, '\ v, ,1_ v /.' J ) \\ -';v i \ '). ',\,'",/,::) \ ,/ -'--'~, 'J .-/-\ ,,~' ~' ( ,./ . IICENDA ITEM NO. Y PACE II€OF ).~ (J ,/ AQENOA ITEM ~9.' .5 PAGE l~ OF 3~ {\ (\ n ~;-,. :;lj.<"f~t~><>l11 o91n e..~ .", ?' 1. ,rf . , VENDOR NAME: ADDRESS: PHONE: O1S BUS I NESS FORMS CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET l~KE ~lSINORE. CA 92330 f'-lN (/ {'2t-V <{ DATE , PURCHASE REQUISITION -S-2I'....\J lck {)0c LY_ <l-$eJ /' ' J Z (Lv UJ2; CAe SHIP TO: ATTENTION: '1Sk<t7/->G,. 2/' PURCHASE ~RDER 1/ ORDER DATE- ,. HAS THIS BEEN ORO!"REO?: .YES -----'----'- NO ~ ~CCOUNTA' SUBMITTED BY SUPERVISOR APPRQV Al DESCRIPTION OTY PRICE .TOTAl UNIT J A-t-z .r:bhl HftG \)~<;t-oir5 C()t~ (-t.e..-\-<...- 'i4::'tNCl h~~ ~'-+- -~r=-1-~C<.~ lPIa-"k~ r".~ --- ~;:r; ~:JLtf p~~~~tlOVlqco. SUBTOTAL S SALES TAX . FREIGHT . DISCOUNT DEPARTMENT HEAD APPAOVAl FUNDS AVAlLADLE-FINANCE TOTAL . . /O/fM~,. AGENDA ITEM NO. PACE I '1 y OF ,~?J AGENDA ITEM NO. ,t) PAGEJ..1. OF..2L ~~j~i /. t , J CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL ~ TO: MA YOR AND CITY COUNCIL $- u 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. u 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. PI'<GE 1'0 Lj 0;: 3~ u AaENDA ITEM NO. t:) PAGE ~O OF~ r> n (\ t!"i!l't>"~.""i 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.~ PACf-.lS-OF ,~.~ AGENDA ITEM NO. S PAGE.ll. OF~ 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 "', ~ u >('" AGENDA ITEM NO. PACE /;0 y OF ,)?J u AcaENOA ITEM NO; 5 PAGE ?--:10F2.:L n n n 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 ~ -:, ,/ / 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 .F~4=~ore keys ! AGENDA ITEM NO. PAce nll AGENDA ITEM NO. PAGEnOF L{ OF :~.? .- ,t; S'f '<it..t\l~''''~,'''',~ Dee 1003 11:47.2' Service One 1"0 .MJ\i"-L~-L'UUj I ut J I: qq f:n !:IUWfl,I(U ~ LUJl~ .w p, 01 909 471 8245 fAX HQ 114 546 0971 p.2 A CORD_ CERTIFICATE OF LIABILITY INSURANCE -.L oo.TEI"~ 11l2snOO3 - 714-548..{)967 . THIS CERTifICATE JS lS&ueo AS A MAlTER Of 1Nf'000ATIQ.H Howard S, Lewis Insurance SVcs. foe ONlY AND COHFERs H() R1GffTS uPON .THE CERTIFICATE 660 Baker Street, Suite 273 hOlDER. Tlii$ CEIITIflCATE DOES NOT AiIo!elm. EXTEND OR Costa Mesa. CA 92826 ~TER THE COVERAGE AFFORDED 8Y TI'lE POlICIES BElOW_ License tIOD34019 ! INSURERs Af"FORDU~ COVl:RACE owe, -- ~----,- ~:.. Lincoln GenerallnslArrowhead WiffiamRanlUfl8. --- Jay S. H~baugh _0 11541 BaB:shatt lli. '<I<3UOlu,.. -- lak~ Elsinore, CA 92530 --. Q-E POI.tCES()f' ~ llSn:OBaow.UlVE IIOElt l&SUl'n 10 TIiE INSi1P.EO ~A80VE fOR -mE:: PlXICYPER!OO HJotCo.TEo..t<<)lWfI>>ST"'~ NIV flEQVlR€f,E"". lEfW OR CONorTlOH OF Nf'( CONlRA.CT ON 0lJ.Ut OO~WlTtfRES9Er:r TO W>>ICh ThIS C8UIAC4TE MA.YIIE,1s:S1JO)OR. "0\1' PEl'lTA/Ii. nfIE IN3uf:to,NCE MfORPfD IIV ,tiE POucIES OCSCRloEDHU!EW.s:sue...t;CT TO ALL Tht. TERMS. ~S "'NDC~ OF:sto-I #'CUCIES, ACGRE(;,oo,n; uae:m; s~ """1' tV.Vl; eEiN I'lElJUCeoBV J>!\.IO CUUws . ' ro...n_ ---::~ ~~E<--'" <..n: A -........ /2537000365-2 1111-1/2003 11/1412004 (A.O<~_._ r.~OOO~ ~ COlo-=w.~~ ~1I~~ . . too,ooo 'p;"....- L19""", ~;:~-~ " . . .. - _.,---. ., GfJOElOW..~<G.\~ . 1.UOOn;;;; -'- - --I HOO"CU:.CO<IlIWlo>~- ~~'il' r.-~ I'OUCY ~ toe -- ."u,-....~ I ~S""Ol(t.... r NW......O ~-- . r.......OWI<Ul"'-"<>'< ,~,- " ~61"""'= -- . -- OOO#-y.........., . -.0_0""",,, ~--. '- -'- .~-- Pl\OPI"'''Y~ , ---. H<<t"~ "VTCIOkLY'U.~T , ' NWA,VIO <m-<Ell........ .~~. ~,~-- WlOoo.a..1', DCEuotI~U08UIV I ~=-~ , ~ 1 1,,-- -~~ , . "'"""- , ,- , ~- , . ~(()O(-..__ 81,011>- --.~ L"'&'CIf~ , -- "--,..........,,.;"'tJtCUfHI: Gf'~au\uc.-..JJIlf:D' ~~.u~f'\DOS:I: . .~- U-"-3l':_I'OJot.-. , 0_ .' ~<lo"QOEJ>..o.o:woo./l.OC",or,SJ-V""'.o::uS'~~""~~/~______ Evidcrice of Insurance Only , - ...:.. a;ATIAC~HOlOER ...:.. CANCau._ &ItOmJtIWrOF_~~~_~<IIUUI:Io!n.~ "'~~._----.....'~ TO........1ll-......c---.a IIOtQto-(:al~...--IOTM;U,.ullr__IOD()'O~ ~-:'~Qf OFAn___..~rrs~"Ollt -- V_ """'/~ ACORDU(2OO11081 ~ , C A<;()ftD CORPoRAllON 1$M COVElUlGEs /c , I.~ Y"Y,L ' .. J l / \ u u AGENDA IlEM NO. PAot! 07~ Lj OF 3-='\ / -./'.- / // u ',/ AGENDA ITEM NO. S PAGE 9- L\ OF 3q ,~ n (\ n 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. PAOf r)l3 L/ OF ,3,,,) 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 '-/ u 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) ~.;,~,~:;,;" u 'AGENDA IT'EM NO, ~ PACE~lj-~ u AGENDA ITEM NO. ::; PAGE ';110 OF~ . ,; n ('. n 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.~ . PAOl' ~,11 OF :?,::' 5 AGENDA ITEM NO. PAGEnOF~ 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 AGENDA ITEM NO. PAOE cXlP Lj Of ,~~ (..) AGENDA ITEM ~p. . 5 PAGE ?-~ OF-21- (1 n n "'-...... 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. PACE nJ 7 4 OF ::S":> AGENDA ITEM NO. -6 . PAGE.la OF.1.L 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 ACENDA ITEM NO. PAOI! <<0 ---,-,.~ / AQENDA ITEM NO.:; PAGE 30 OF-2i- U y OF 3:'1 U vehicle's company identification, a magnetic sticker (\ 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. PACl: o:A '1 OF :73 n AGENDA ITEM NO. ~ PAGE '3 \ OF 21.- .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 ACENDA ITEM NO. PACE ?D t.j OF ,~3 u AGENDA ITEM NO. ,.5 PAGE 3)" OF .2..1-: (', ,~!j~i'i~'i~ CITY OF; LAKE ELSINORE INTEROFFICE MEMORANDUM '" TO: Bill Payne, Public Works Manager II-fb-C/'-( 'Se/VIU Ov-U ~<;-hfi:'c-& ~ {bt Ic~:' j) ./"", ~--./n-~ -f- f.t?l(,1. hi}/ ,'or c! 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. IOU _\rV 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. , , \ AGENDA ITEM NO,~ PACE ,~I OF ,::S~ AlilENOA ITEM NO. .5 PAGE -=>3 OF-3.L.1 " -:)ciJ \ , 1 lu . 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. ~JI {:, . {:(L l'-' u AGENDA nEM NO, Ll PAGf.-3a-OF ,~'3 AGENDA ITEM No.5 PAGElioF.3'1 u n n n ,\oP 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. . ],-,Ij J',V , . .. Must remove dc{ors Dr ;...._.v , , I left side .of stage area tQ be made acc~ssible. :,',:~. \ ,/ \ , , ....~ f ",~~:.'-::\_' . "'\..t- ...U' , "" 'S~~: ?", .. V),~(~ "(" L\. .- I ' ~ ; "- ~ .. 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,~ PAOE ,~'.:\ OF ,~,~ AGENDA ITEM NO. .5 PAGE 3 S OF 25....- ;'..1 " ~'R AQENOA ITEM NO. :5 PAGE~OF 3'1 u u u ."'~' r-'-. o 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. n AGENDA ~TEM .NO. :5 PAGE..JJ..OF 3 'f E0/W39\1d 5>f<lOM::J I 181ld IS~ HL ~606 E~:SI S00~/l0/E0 F' r' u Page 2 . 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 u () AQENDAITEM :;0. ..:; PAGE 3 l> OF.3 ~ E0/Z0 39\1d S>RIOMOIlllnd I!;Z IlL P606 EZ:!;I !;00Z/Z0/E0 n ~ i' " il , :i 'i ~ ' " ;1 , i " (\ (\ .- /---. /". Page 3 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 EOIEO 39\1d S>I<lOM:JIlHnd El:5r 500lll0/EO r5lrIL~&0& U. u u n (\ (\ 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. "- PAGE.-LOF \0 .3 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 u "I u . .~ , ) , J " u Co 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 n 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 . ~ ~ F:\PCDATAITrafficlAgreementslGrand & OntariolCily; sign <rig.doc u u " . 1 u n (\ (\ 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 u 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 U Ar.aENOA ITEM NO. 7 PAGE :2 OF" 1. n (\ (\ 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 u 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: u 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 u 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' "- PAGE .3 OF.J.L . ;Ie ~- ow ~o : w !~ e~ ~ . ~ . ~ , ~ . ~ w ~ ~ a..~i~ii!R;aaaae' :i~a:ii!U ..... o~~~~~~~~__oooooo~ aaaa.aaaaa.saaaaaa 00000000000000000 ~aa~aa~aaa~~a~2a.a a.saaaaaaaaaaaaaaao "" i'f. I ,g, w S2sssaaaaaaaaaaaa aaaasaaaaaaaaaaso aaaaaaaaaaaaaaaas aaaaaaaaaaaaaaaa aaaaaaaaaaaaaa5:a 88888888888888888 asagggggSgsaagSS6 8i~"~;li8~~:i~ 8' 88'~8~8 ;;0 c:i C <:i,'" d do odd ri d,C> oj del i ~ I ;& . .j ~ :d ~, , ~~ 1#} M jS . 5 iJ . ~ !~ 0 a ~ g ~~ . 0 a . ~~!;la.iUiUi: :; " s..... -~ ~ :: , . . a5:aaaa~ a Iii u , . 'll "Iii ,u . r;< 'i' II ~~ _u 'i ; 's ~I ~ . . Iii II ;;'U ,. . ie'< ~. lt oll ~I , . . 15 J oll c~ ~ ,,. 11M " 0 - I'a .~.u , ~ ,. ,. ~ ,. " '.( . w i ~ "'; ~ ~ 0 "- 0 . . H . ~ ! t AGENDA ITEM NO. , g PAGE~OFJ.L. I c..,; t w ! % . 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I - ,;- -1. a ~ :: I.\'O>; i :. ~ ~ ~ f;f. :; i ~ " i . . ! SS a Ii , ! I l~ J, Al&NDA ITEM NO. .g:. PAGE~OFJ.L f f :t ~ g ~ . ~ r iil l~! 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 u u liIl I !Xarch I 2005 AQENOA ITEiO' ' . "" PAGE OF n . 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 li)~ 3 [ March 1,2005 AGENDA ITEM NO. ' PAGEJ..Q. OF-1.Z..; n 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. n 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. n 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 li):l 4 ~ 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. ' u 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. u Sub-Task 2B: Preparation of Response to CommentslFinal EIR li)~ ~ , '. ' 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 ) ~ u 5 n n ("\ 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. '''''' .( ID~ 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: . ", ~! 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. li):l 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 ,!i ',;' ,'.j" U U 7 8' March 1,2005: AlaENDA ITEM NO. , "" PAGEJ.1. OF.lL n 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 (\ 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. (', ID:l 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 u 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 " ' u 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." , . '. u lD:l 9 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. I' n I 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. j! SECTION VI. SPECIAL PROVISIONS " !I No special provisions have been incorporated into this agreement. 'I I I , I I I n ID:l 10 <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 U 11 <6 March 1,2005 AGENDA ITEM, ~9. PAGE...L6.. OF JK... (\ 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 \ u u . ,J. u 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). (\ . 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 u 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. U AGENDA ITEM NO. PAOE ~ :?-\ OF \ '3lP (\ 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: (\ 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. ,'.' In response the City Attorney had drafted the following conditions as a replacement to COA # 32: (\ , . , . 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 u 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; l "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. , ..>, . ., . 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. ' u AOENDA ITEM NO. al PACe LJ nr I 2V (\ 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. ("\ 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. (\ 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 '() 2.\ OF \?::lJ 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. - ~I I.. u .;r I; , , 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; u .'/ _ ,,' 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 u QlJ 0;-" \2>lo n (\ n 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 u 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 . '" . ,', ACENDA ITB..: >.} PAGE '8" " u u Q\ OF \ 3(p n 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 ~l OF-'~lP City Council Ordinance No. _ Page 2 u 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 ',' .. 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). u ACENDA ITEM NO.' ;;:) \ PACE I OOF \3-P n n n 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. u 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 I" 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". u 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 \ Page.~of~ u ""~ Cf' ~--~-- n ("1 ("1 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 .r u 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. . u 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 Page l':L- of ---13l4> PAGE 5 - PLANNING COMMISSION MINUfES ~Februaiy 1, 2005 n 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.. \ Page L:L of -.l3LP 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 Page J.!L of -l3lt u u u (\ (\ n 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 \ Page l.:L. of .....\.2o{.J 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. u Ii. " .' 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 (\ (\ 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 ACENDAITEMNO.- DAfOE' J;l..'1- Of a\ - \3\1>_ (\ 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 . . . .;1\ _ ""-DA REM NO.. .-s:.. . \~ 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. . , u P: \Lakeview Villas \PC Staff Report.doc AGENDA rTEM NO. PACE -:AU> 2\ 'I OF \~LP n 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, (\ P: \Lakeview Villas \PC Staff Report.doc _NOAnEM NO. PAGE Cj.7 8..\ OFY~ 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 .,1 AGENDA ITEM NO. a \ PAGE~LOF ,\~ (\ I' , in I 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, ~\ 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 .: '. :'cQ\ AGENDA ITEM NO.- , PAGE 3Q OF \ ~ .-: n n (' 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\ . 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.\ - . Of \.~(? 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 , . . 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 0.\ AGENDA IlEM NO._, . \ 'tlJ . pAGE~ 1:,lR O~J - n 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': , . . , ' -' , . . n 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 .. n 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. u P:\Lakeview Villas \PC Staff Report.doc AOENDAITEM No.:::tl PAGE Ltb Of IbO (\ (\ n 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. , u . 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. u 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. n 6. 7. 8. 9. 10. (\ 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) u 11. FULL SIZE EXHIBITS u P: \Lakeview Villas \PC Staff Report.doc ACENDAITEM NO. 6)\ PAOE~OF \'bv>. '-',--" . ' , . n n ('. 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 u 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__ n n n 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 .<! AdtNDAJT5M,N6:'" ..', PACE . Lj r.'Of ~I ,'.I;3lp n' 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> u u u 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. P:\Lakeview Villas\PC RESO CZ.doc AGENDA ITEM NO. PAGE 5:/ :1\ Of .\2J4> - PLANNING COMMISSION RESOLUTION FOR ZONE CHANGE NO. 2004-07 Page 2 of 2 u 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 n 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 ~\ OFJ~ PLANNING COMMISSION RESOLUTION FOR TENTATIVE CONDOMINIUM MAP NO. 32127 Page 2 of 3 U (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: P: \Lakeview Villas \PC RESO Condo Map.doc AOENOAITEM NO. '.1\ PAGE 5LJc _OF \.:6VJ n 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 . . AGENDA ITEM NO. PACE. jj('t bl\ OF \.'>> - RESOLUTION NO. 2005-{ 0 , u 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 P:\Lakeview Villas\PC RESO Design Review.doc t AGENDA REM NO, ~. PAGE :5 (p OF \?,IQ (1 (\ (1 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 P:\Lakeview Villas\PC RESO Design Review.doc AGENDA ITEM NO: ;2 \ PAGE = :i7 OF \ ~lo ~ PLANNING COMMISSION RESOLUTION FOR DESIGN REVIEW NO. 2004-05 Page 3 of 3 u 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 u >..' . u ACENDA ITEM NO. .~ \ ~ PACE-,5~~ OF. BV n 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; . 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 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 ('. P:\Lakeview Villas\PC RESO CUP.doc AGENDA ITEM NO. PAGE .~q , ~\ oCI ~(p PLANNING COMMISSION RESOLUTION FOR CONDITIONAL USE PERMIT NO. 2004-14 Page 2 of 3 u 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. u P:\Lakeview Villas \PC RESO CUP.doc AGENDA I1EM NO: PACE ~ Ot\ OF,I?:oI.o n n n 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.. u 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". , ::. , /., 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 . " u 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; u P:\Lakeview Villas\PC RESO MSHCP.doc AOENDA REM NO. PAGE (0 J. ~.l oFI2:U> " n n n 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 u 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 U P: \Lakeview Villas \PC RESO MSHCP.doc !I AGENDA rTEM NO. ~l (PLf OF I~" pAGE--,-~ n n (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 ,-" :" " 'J' ~ 1 , . P:\Lakeview Villas\PCRESO MSHCP.doc AGENDA ITEM NO. ~ \ I A~ OF " 1'CiP PAGl;U'v 0.- -" _..~ u 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. u 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. u P: \Lakeview Villas \PC Conditions of Approval.doc AGENDA ITEM NO. PAGI=-~(P ~, _OF ~~\O 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". .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 U 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. . -!' ' 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. , 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 . . , ,., I, U 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. " , /;' 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. U P:\Lakeview Villas\PC Conditions of Approval.doc AGENDA 1m' NO.~\ PAGE '10 ' OF.-l?tlD - 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. 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. n 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. U 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. , i 55. The applicant shall pay all Capib! Improvement and Plan Check fees (LEMC 16.34, Resolutjon 85- ~ . ,.' ., ." i.- 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. n 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. n 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. u 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: n 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. n 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. " u 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). '; , u 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. n 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. ' n 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. , ~.-:-LL L~I~~~ ~ .!IlJL.....ur ..:tL1L ~ iL ..<l. __ u 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'. 'I' 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." '.; , u 111.FIRE. ~1 -',' 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"' ' j , 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',' u " AGENDA ITEM NO. d..\ PAGE, ?1,~- , OF::\?i IJ - I I I. i! '-Jij-U4 ItlU .j:~j fM f.j tllY ~U IIH fbl\ IAA NU. ~U~~~~4tltlb 'n' I' iI J: i! ~I :JllUl.1 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 - .-. -:- _.; i' 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,", ._,,;,'" . .,.' ~,. - "" ="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. .. n 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 '~l-'>-'~":-~";t-- . ,...:.... ";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 ~ $677 .00) 90.!'THr-=:. ~ USE"-ffTT~r;JLl ~NljU.l:=:;tu:.Af) 1 n5\:,-,11 portable fire__exU.nguiMe+~: ,with a, Jtt,lJl3..Jnum rating - of };/f.- raa-c- and si~~Jtire::~~.s ..l=Red- ~~.J"ibl.k.. a.n~..t:J shall be in':Jr~~L't i_-_~i-neli.S1"mount:.ed..:~-l'~;;-ldnches)' to ~ut.F::'f' above",iloolr, .1eveJ...~-:~....4~~i;ec-r -i~r:\T1--.rbGnr ~, the wld~._~ont.acL.Rir-e--.,Dep~Tt-~n.f for proper placement of r:'qtJ~pmenl. prior t:o insta-rlatiorr-.'" . -;C.FIRE. f. USE-#36-HOOD DUCTS CLIff<i-IOl1Sji:: A- U.L~ 300 hobd. du.ct...~;...p'yt::ing:-,iQh.."(lg_ .~.;musJ:_...J:te inf;l.alled over t.he.caok.ing"ecw4>a!~",,~" chelniCal- . . "xl' ; "9'" "hU!g..~.st.em musLProvide automati-c- siIu:t&>wrr-of-arl p le...~L tic:~:L.F~ptP~Ol)~~.~. and, ou.tl~,t:~ ,u1\d~r,__tbe-noOa. upon'. '."-..- acd:V>j:tlo= SySteft>......sr be-' inst;;ilXM..W a--:).i"ettSed".-C~1:.Ii... cont.wcl.or." 'pliins muse.b<fstlbiilit't.."a.iiti1:h-'lOttttem:..... fe" t.o tr.e::E~:oepanma.tt:.Lbi'-'n.vre\F<lI'!d.amrrova-l;.pri_. to install at: itnL'.1l6'l'-e-,--A.dedieaeed."'8~'~..4..."aot:.J ,."qui, eel . t:""".beo..j't'~...,l,l_,.,f9T.,:the...emlooai>r...,pu~...o,f.. . (llt)llitoring. this.. _cn1PC"...t3O:Cl.0Q,--$Y..st.em_ _~L_---a -.new_~ Py" .""isti ng,,~ 9Y-"f;...,...mU!>tb'LCQ!]I!.~<;t,e4,t:q the ext~n9\Jisfjing syst:.em.. . .t";..s~te- fi-re-'al<m'!'pl~~_ be submttte.d..f.m;."f,:"",:,e_ctionltcurrent_ pl<iln C;heck deposit' bas" lee is s-zrS"". 01lT Page: 4 DRAFT DRM"l'. DRAFT AGENDA ITEM NO. PAGE $0 ., ;1 u ) ~~ 'j. u " u ~.1 OF rs.lP. 1J.L (\ (\ {!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. . ~\ '\6Vi AGENDA ITEM NO. PAOE-.:"rh OF Scott Woodward, Woodward Interests January 13, 2005 Page 20f2 u 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 u 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: n 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. u 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 ~ , u u 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, $- cf -d-~ Ken A. Seumalo, P.E. City Engineer cc: Bob Brady, City Manager Carol Donahoe, Planning Consultant u , '., .-"l1" ':I " " ' , ). u ,~ ....' AGENDA ITEM NO. ~\ . Pia irti~OF j1:J.J n n n MIRANDA, TOMARAS & OGAS, LLP I075S-FSCRIPPS FOWAY FARKWAY 11281' SAN DIEGO, CALIFORNIA 92131 TEI.EPtIONE(858)~ . FACSIMILE (858) 777-5765 . WWW.MTOWl.AW.COM Janwuy 9, 2005 Submitted via Fac:simile to (951\ 674-2392 Mr. Rolfe Preisendanz, Senior Planner_ City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 RE: Comments on behalf of the Pec:hanga Tribe re: tbe Notice of Complenon and Intent to Adopt a Mitigated Negative Dec:IaratioD for tbe Lakeview Villas Projec:t- Dear Mr. Preisendanz, We submit these comments on behalf of the Pechanga Band of Luiseiio Mission Indians, a federally recognized Indian Tribe (hereinafter, the "Tribe"). We request that these cominents be included in the official record for the approval for this Project, and formally request, pursuant to Public Resources Code ~21092(b)(3), that the Tribe be notified and involved in the CEQA environmental review process for the duration of the Project, including notices of all public hearings for this Project. The Pechanga Tribe's-primary concerns regarding this Project stem from-the faCt that this Project may impact Luiseiio cultural resources and Native American remairi$. '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 . 62\ OF_-,-\ --:l,l 0 - 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: . ,'. . . u 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. /,' , ~ ,; . u 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.." ..." ,', (\ 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. "" " .,., "1\ ('\ 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 u 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. u Sincerely, . MIRANDA, TOMARAS & OGAS, LI;P" . h~fVl.'K VJd;UA' ' LauraY. Mi a i' Attorneys for the Pechanga Tribe , u 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 .. U 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: u 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. u 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- n 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 (\ '. . I ~., n 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) u 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 u 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 P:\Lakeview Villas \LEAP Review Results JPR.DOC . AGENDA ITEM NO. PNJe qI.\. ~l OF\Bl) n CONSERVATION CRITERIA EVALUATION Page 2 LAKEVIEW VILlAS CONDOMINIUM PROJECT 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 (\ P:\Lakeview Villas\LEAP Review Results JPR.IXX " 'M"O 62\ ACi!:NDA IT!:" ~'; PAGE3O:_0F.-l3.l.!P CONSERVA nON CRITERIA EVALUATION. Page 3 IAKEVIEW VILLAS CONDOMINIUM PROJECT u 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 u 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. u P: \Lakeview Villas\LEAP Review Results JPR.DOC AGENDA ITEM NO. 't). \ . PAGE-3~ OF; \~ I o " i I !0 , i i (\ CONSERVATION CRITERIA EVALUATION Page 4 LAKEVIEW VILLAS CONDOMINIUM PROJECT 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. P: \Lakeview Villas \LEAP Review Results JPR.DOC . AGENDA ITEM NO. ~ \ PAGE~~~.OF\ :3 () CONSERVATION CRITERIA EVALUATION Page 5 LAKEVIEW VILLAS CONDOMINIUM PROJECT u 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 u 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. '1," u P: \Lakeview Villas \LEAP Review Results JPR.DOC . . ACENDA ITEM NO. ,~\ PAGE.-9& _Of; ~~o - n CONSERVATION CRITERIA EVALUATION Page 6 LAKEVIEW VILLAS CONDOMINIUM PROJECT 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}. P:\Lakeview Villas \LEAP Review Results JPR.DOC AGENDA I1EMNO.~.\ , PAGE qq I OF J3{;f - CONSERVATION CRITERIA EVALUATION Page 7 LAKEVIEW VILLAS CONDOMINIUM PROJECT u 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. P:\Lakeview ViIlas\LEAP Review Results JPR.DOC AGENDA ITEM NO. ;;l, I PAGEJOCl._Of 1.?!{p ('\ n n CONSERVATION CRITERIA EVALUATION Page 8 ' ", LAKEVIEW VILLAS CONDOMINIUM PROJECT 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 -"'- 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. u 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". u AOENDA ITEM NO. ......,.,16~ ;).\ Of.,j30 _ PAGE 2 - PLANNING COMMISSIONMINUIES - Januaty 18, 2005 n 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 (""'\ . ?-I #!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 u ; , 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. u 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 u 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: (' ') n ) P:\Lakeview Vallas \PC Staff Report Continuance.doc AGENDA ITEM NO. :l.. , PNs.\O~ OF \,"2j.p . . I~ :: z >< ~ ~ '" Q ii"" ::. 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DA ,mutO. J,J !.J AGEH pAOL1.!3-Of ~ 7,10 . o t~ 6~i" ' 8 :Y...:', {.o> ,~o . :.:..' .,.'. o,:~. m :> t:;c' -, :tJ I:ri 0 fA' ~~. 0 ~ ... . '" '" . Wt-t 0 ~~ _no a; ~'" =t! ; (5' ". ;;! ~ ~ ~ 0 ~ ~ :I: - txJ - -I o ~;l"" I;'j,;-t' 1;,;~ ...~ _0,. ., ":<8 o -.... w!FJ' 0; !g~~~ ~ ...'." o "--\ t-l ':S -"s _. <"> s:> ~ () , ; ~ ; i - ;,' :E ~ ,-.1..._____,..,____. ~ ;s: en .,... Ct> .... >-d ~ s:> ;::: ~ .,c,--~~=d~=~:~ccc. ~~~~." l.-\ o u ; i ~ , I ~ I . :E ., ..L->-i- '1 I I / Y o,.'u ( ~ ... ... "' ~~ t;;;;j :,. I ','. l' , .. ~~~~~ ; , '\ ' i' ..' :;-~ " I .., .. ___u__._~~ . ! ! u AGENDA \lEY. NO. ~ I pACLtI:LOF.JD~ o "i:'~'i" Q '-....."'-" 2' , r~O . >".' O. cj, , ;::. ~~g:, .7.-16.... if> &5- ~'"' -f i:l 1: ;~ ~f g t:fl 0 Q;:I. ~ 10 ~ ~o i- ~ ~ ~o ~ !l!-'" . ~ ~o r~' i.. · ~ ~ t. ~o Fj Q' '!l ~ ~ <; li ~o ~ 0 > ~ o .,;~:" I:: '-I :;'Gl .,'-< rV~ o ,_10 o'\,'I;!6 <; 1"'1" b ;;..' Of ....." o m X :c - OJ =i 1"': o , j~ 20-0' , " L. ._ .__.. _.. ~ ~ f> S- on 8 .. I I l-----~--------- 47'-8' f -.-------"1 " ~ l;: .. '" f , I~ 20...(1'-1, "''' ~f II- " ,-- , j. .I(M1" i , iN J~ ] o ___on! ; IN ,~ I~ I J_m~ ---H-l~ .~ i J ACENOAITEM NO. .11 0 PACE tI S" 01' \3l.o o ~~ -<:'~.: is '0 ~-~-o -+0>:_ :\t~:-' "'::;:t!',' .~,p:, hi 0 g:> &;- ;og _. i- ~ . 0 ~. -=. J!.!.'" . ~ li... -. 0 ~ f~. <.>::> Fl s- ~ ~ It ~. " ~ 0 g,; F o '''i'" ""-I FiGl .: ,< ,.;"SJ ,. 0 9 li"'!jj old,. b ;:,,' 01 .."'.~ o '\ ~ ::I: - OJ - -l \ . "'" > i'~ ~ ~ ~ ~ ~~. ~ g:> e> !;. 2 ~ <;t ~. i.j ~ ~" ~S" ~ o () ~ '" f --I i , - i~ i~ .._.________~__95'-2' _ J--~ ~ ,." r ~n-------- __~ oU ~ ----'}< I , I I~ ! I~ '2I}..qI,,;: -Ht-" ~ --~:!!_-- "NJ' -~- " --J.. " I i J<--~ I -....; ''''1-<'' u AGENDAlTEM NO. :2. \ P1U...ll..tP _OF.13~ o o a~CC ""<':;-'::, ~8 ( J' il;1~' ::x: ,;~"tJ'.: ~ 'rl g- ... ~ --'> i I I I ! i , I~ I~ I I ! I , I I C~ I I ~--~~~~---j I f>j Q'J ~ 0 ~ ;ol' e ~o i- ~ . F=o ~ Ill'" m ~o r'l ~ . ~ R'" = r.~ Pi ",' .~ ~ 11 <: ~o 0 ~ () F ~ 'rl r ---'---"1.- , I I I ! o i I~ I~ i , , , I , ! m .>< :r - a - -' J 24'..Q" l. 1 c_'u-K I ! .. I I o i!'l1~ ~='i~Gl rj~ e ';'l'O ~ !...!jj ;3 I"';: ..-1 ~ ,,,,. 3. s ACENDAI1iM.NO.. ;ll. g PAClE...J1 i _OF__ j~~ o o ~ .;.c i'j'~IO.' 'I~SO .~,~, ~ .";;>.. ;,;::~:? ~ 'd f -} L-~~--.- J o u . --~----j< i , I , tI:l t>> I ~ 0 ~ i-~' ~ 0 ~. ! F=o I~ '"" f~G . ~. f" I~ ~ 5- I U i 0 0 = t t.~ I ",' ~ ... i .~ ~ ! <: i -. 0 x i ~ t:J l---".~.. --.... F I A' o i!;J~~ ';'101 " i< ,.: .~ o ;:10 ~ IF.'C -I"!::U o ,~~ " ,.., 01 :;:!' o i .~ - OJ - -t '!l ~~-:'L_ \it >rl r ~ z L 51'-6' -----~----. ..._.~.._._--- l ~ I [ AGENDA ITEM NO. PACE \l~' u ;2.\ . - u .OF.l2lP o a'~' i:'::~":: rO'la:' oJ:.... ;:10' ~ '~' :;;r.:~':;: ~~:,~>(- b1 F;;" . . ;i- i:~ '" ~ ~r~ r co =c:'! lCi)" ~o ~ S - s;- '" o "'j''; I~i ;... ":Gl r-,:< 'Gl ':<I -010 ~ ll'~;!jj ~ \",. " ,,"-, "'" :;:!' oG o ~ :r: - o:J - -I o o . ~ o . 4 , I-> 5- "" 8 .... "'----'\< ! , I-> ;:;: C' "" s- o .... "l'---" f I I ~a-mj ....~. Or i , I , I , I i I' ,., " . ! i I , I' ,. Iii I i I I i~ L~ r- OJ .. ;8 -, '< r~ i q~ I j I~ ._!l~l______~ 23'-0" --~-,-l I 1 ~___ _ ._______~3'..:.Q"_ , , .r-... ::f\l:::E.. ~'" "" :D ~ pf\lO :!\~ ~ , '" "" ~ S- ~~ ;S'. :DQ o~ ;< , co ~~ :>- F" d~ .. ~(IJ' '. i I I I ~ I I ." li~ "'~~ I I I I II I , ,L I .L<1,(>. I ~ I , rT..J I , ." !i~ ~-~ '. ." !~~ ii~ ~ J1 L_1i L+ ~ ~ ~ "" f , I l~-~ -~~~---~J :;: ~ "" ~ _ _.. ____n_..?Z..~.n__ m LJ " ,. '19 ,- i '--1 ! 1:i I lot !,'~. :-: .. IJ , ], I Ii ~ : "'11:i oj, -, ~ ! :- ! -.> ACiENOA lTEM NO. :2..\ PACiE-119-0F I.3t. (J o - --" , Ii o "'-)< I , ! ! , o o aWS g.':":"I'~:"'. g -;'$._,-:('\ ~ i. ;:r,,' ~ ~~::_:i:~ :;; :,~, }~'-' ce'; 'tn [] t:;;- _. i-~ 0 ~ '" '" . ~w '" ft"' ;j.. ~ t-> m;D '" 0 <'~ ~ "'~ ~ 0' t~. 90. >rl :'I~ f -;'!: ;: <: _. ....... 0 a o OJ:;:~ f.' 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" ~ ." ;;- i-"';~';L;;ll.;,; ,~;Ji';'!;_:'::G :!lL--JC'~~ 1'::: !!!.. g-~-[HJ~~~~~if 2 .j'. ~~,~ 'i-"~ ~I &. ~. ~ ~.- [:;. ,- ~ ~ "'- ., "'€ ..'" :fclii_ ~ ~ "'.. ' ~ ~ :!" ~} "--.t h ~ ... ~ - l'.:> t . ~ .. ~ o a ~ , ~ i'- ~ <I J AOENDA ITEM t<<). __ _ ;1..\ ~I~.~<;? ~ o ':''1 ~ m~ 0 : ~ 0 . 0 g ~ ~ )> g Jl o ~ m Jl m ~ ~ ~ ~ ~ \~l . .- () '" l:rJ <:;-0 " l;;;"' s::. ~ ~. 0 .... 0 I s::. " ~ ~~ '" 0 C> '" . r< ... >-J ~ t-< flLs:. . (1) "" " '" ;.- ~.~ .... ~ "" ;;; ~ ~ - <::! tJ !L C\l' to ~ < r~ .-.. ~ '" (1) , ~ s. <: ~ c ~ <1 _. II::! " '" ~ s::. " '" ~ ~ 0 ~. ~ ... l2' -. c '" 0 " " ~ ;S ~ c '" " " '" o m X :I: - OJ =; <. o -.;::1"" I;'~'~ ..ol-.... ~~ i~" .:~'-C ,l=G1 ":l Jl 01",0 . ,. "C g 1;,<~1l o ..~i~~ '" ;;--<..' u"." D~ ",* " 1- 0 ~ " () . !\' . tl " ~ ~ ~. " . ;:;. ~ ~ ~ >i. ft ~~:-"J:!~:~lr::';!iii~:;g;-:::~:;]i;j tr:l ",...L.~.~.."-~-' ..- "" ig:~~<>Cl&>l.>-!~'~ ~ ~. ~~" -~i-i-~ it-""~ ~ 1l. ~ .. ~ ~ g a ~l" ~ if :i, =~ li::t ::t=..i.:; ~ f: ~!. . 2~. "~" ~ ~ 1) ~ i- ~ [ .~. o () ~ f.::J \-~] o u '"':..' :~1 '1 :~; I",' :;tJ () ~AltitUO. ~ \ _..J;'\:9 Of 13(p; I I I i'l I I. I " Ii . I I l i i . I l I . I I I ... I I , t I i ~. : I J . i I :I: I . If - I OJ I - -f I! i ~ ~ z: -. ~ I~ & :;. a i ~ --..--- .-- ,f;~.}J>>'i '.r'>t/ . " // I :l'q- oF l?l" - ---r -- ~(- u J . '1 II . ..- L_ ---1 , I I ~ I . i I I I II >( I~ i i ~ .1 II I~ i .1 I~I<. I . m x :I: - CD - -I x u I I : I ~ I . :~ < IH i~ "I Q I~ i Ii ~I" I . t'~ I~ " Ii . I I t ... , .~ ::r: - OJ - -I -<. -~.._--.....- - NO, IiACE I ;;1'\. .. ;JJ oF:.!? ~ f~ ..;;-: 1m <: Ii ";I! j I -I II - m ~ ~<: f- ~~ f> lZl Li liBI m n ~o ~ z ~ n "' ." >-l c:: > ,.. ,.. > z " '" n > ." I~ ",>-l I: . ,.. ]oj> Iz , 'It'" . :t> , z I ..,m !ptIJ~ i- ~ ><:i:: ,. o :;'~~- .,-l....-~ ;; ---------, I I I I I I I I I I I I z o iiI .. III .. :J: m !!l '" ." !6 ~ ~ ~ -.- i J , ~ MlNDAtttMltO.; " ~ fME I \30"IF,j,Sla u u u I; .~ I I:I1 , //.// ,,/ -,/' / ./ ,-, ! ~ I ~ <: t .....' ~ -' 11 t"""" it""v "> CIl If .j f il I. I /' il , '- I I I II rn ..0 ,Z ~n '" ..., .., c > ... "~ - ,r'" -- I slll....-.... ,., / ,l,jl .' .... "' n > ..., i'" l~ ;0--1 I '" ...., ~... ,,> ~z ~ !~I _----Of\ ' i~ =i -.- < ' o ~ ~ ~ AGENQAnano. ~I ~ .\3/ ~Of.J9!e~ l~ i~ tng;: <: 1./ ......'-i tni , ~' i<: F...... a t""' it""' >- t/.l " 'W'.,... ....J~ . . _ 1 ---- /"/ ~""j -- , , jn _ 0 -z '0 '" ~ .., c: > ,.. ,.. > z o 00 n > ~ i'" l 00 J~ .,.. .> ~z ill!l !illl 1 i~'. i~h ~ ~ ill ; ~f, (I ~Il~. , ill I !l!1i WII"II" Ii" " II !;\\ III,.. .. ...1 ~t"I' illlil'IP'illholiUIUl!ilnmmlllmn ~ d ilt'.~ ...: tL. I ~ II II !H !~I!I!1H J!ll~ ~ 'I "", I _" i " ~ ' ., 'I ,p,', ! ll' ".' ,I! i ' "'I I. ,I' I' i l !," 'II 1'1 ilIIIlP!llill'lll'l II' UIWUII . .... I I' Ii I I illlil II I I ..' ....... .......,..." I r , rll ! it E r. . ! III t" !' ! ll'~ :! 1:I~i l.rX~ . I~ -.- ~ ~ , ! AOENDAITEM NO. ~ \ fACiE.. \ ~J. Of 131p u cJ () ... ~ ~ :r:1 ~ ... :r:1 :e <: ... ... ... ~ n , , , , , , :0 ~ , , , , 1 o , , I'l' 1m ,~ ,. -----~ ----- -- ~ ti7 cD 0" (i1 Co' @ CJ r-~ 'f_c9 '6, r I 8 d__ , . ---- , i~~lv' , . ~;;3. . , I I , I ,: ,I ,: ., I' " " I I I I ,. . I I , L__ / -/ / " ,'/ / / /,,/' /""" / / " " ,,/// / ---// \ ; ii , UhE 111 il ~. \ I \ \ \ \ \ \ , ", I I I I , I I ,,_--------------J ',' z o !;1 '" m m '" :I: m "l ~ 2l " ~ " /?- Ja-naa NO. ~l _.._ \ ~~d'~(n -.- < " . ;; i , ~ ,- , u 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 {\ {\ {\ 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_ u u u ("1 (\ (\ 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 u 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 u This is an advertised Public Hearing. iJ 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: u APPROVED FOR AGENDA LISTING: Ro AGENDA ITEM NO. PAGE ;:l ?,,'A. OF ~Lf .' . . 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 Q;\ELSlNORE\CFD 2003-1 O&M _ CFD\CFD 2003.1\formation\repcrts\Report Annexation No 10 cfd 2003_1 Lake ElsUme.doc AG~NDA ITEM NO. PAGE t.f o o o ;).J- OF ~4 n 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. ('\ 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 n , Q:\ELSINORE\CFD 2003-1 O&M_ CFD'CFD 2003-l\formationlJ'eports\Rciport Annexation No 10 cfd 2003_1 Lake E1sinore.doc ACENDA ITEM NO. PACE 5 ;)1 OF 7.. 'i 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. PAOE6 . u u u ;);;). OF ~ Lf n (\ n 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. PAGE 7 ?-2 OF _<. 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 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. .' Q:\ELSINORE\CFD 2003.] O&M_CFD'ICFD 2003-1\fmnation\reporu;\ReportAnnexatiooNo lOcfd 2003_1 Lake Elsinore.doc ACENDA ITEM NO. PACE 1> u u u ~?-. OF "2, Lf n 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 n 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- PACE~OF ~'f 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. ";-: t", .. d Q:\ELSINORE\CFD 2003-1 O&M _ CFD\CFD 2003-1\formation\reports\Report Annexation No 10 cfd 2003_1 Lake ElsinOre.doc AGENDA ITEM NO. PAGE '0 u L u U 2)... OF 3lf n (\ (\ 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 ....a,.._.-- t-.- ~[O"1HComcctJT MOfYClDlIl tT Il<[ OTY.1Allt1EUlNOllt ntIS__..P"''''__ QTYCUIIIlf/F,,.gnwl..Ml:u.-. i" I II(llOr 1Vt'/Fl' '",U nc ____IHl:I'IIOI'O$ltl~IIf'__lIO. IOTO'JH[Oll" IAIIt n-.: _,y '~5 (JI$~J 100. _, OJT" lMC a.-. etIUIOTr tJT IWOVISID(. sr,,~ or ~__""01'YtlUICII.OITlIOtalYflFUIICI;~ u.-....-1'$Q4"IlIA.(~Ma_ _.HUOGIf__"'OYOT_~ ...11$__....._ O...<URK...,..."'''............._ ~':~...:'!..!!~-n',.ocan.u--~tllE.=-~~":.:.:..-.r~ .. lOComa:OF1HCc-..__WCl:lOJHTtN_. S'''II:CF~ C(Ul11'....-" GO 'It __n G' ____. 'us-- YlCDlm YAP NO"", 1ItfElIPr1%___auotT~"~1OII"1I[_Il(SClIIPlXJIIDFPNlCO.llNl:S__ LECEHD, PROPOSED BOUNDARY MAP ........- A_.UoaMo.IDlo c-lUlJt,)I ru:mu_ DWrkt..... 1011:1-1 et tU etV of tu. zw._ t~ ht_\, "N, .... P__e4ie SrfI_) CO'IllIftllP-'~ _'WI .----- _~~~:,r: -=.:.:.:...,......,-- - Q:\ELSINORE\CFD 2003-} O&.M_CFD\CFD 2003.1\formation\repCll'1S\Report Annexation No 10 cfd 2003_1 Lake Elsinore.doc AGi:NDA ITEM NO. PAGE I a' u u u ;)?- OF ~'i r 0> (\ (\ 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 Q:\ELSINORE\CfD 2003~l O&M_ CFD\CID 2003.1\formation\reports\Rcport Annexation No 10 cfd 2003_1 Lake Elsinore.doc AGENDA ITEM NO. PACE I ~ d.-J-. OF -3 L/ _UU__~I RESOLUTION NO. 2005 -K u 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 u 45367576.1 AGENDA ITEM NO. :2?- PACE I r OF _~ l.f n (1 n . . 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) 45367576.1 2 AGENDA ITEM NO. ;):l. PAGE I ~ OF ."'l,Lf 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). , , 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. u 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. 45367576,] 3 ' ACENDA ITEM NO. PACE /6 U 2 A-. OF "?1l../ n (\ (\ 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 45367576.1 4 I I I , i i ! , I I I I AC1:NDA ITEM NO. ;) ::l. PAGE /7 'OF 3'1 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 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 u 45367576.1 5 AGENDA ITEM NO. PACE ,fl U 0-'2. OF 3'1 (\ (\ n EXHIBIT A City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) , :1 Ii 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. i I I I i 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. 45367576.1 A~NDA ITEM NO. d. '2 PAGEJLoF ~Lf 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 u 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 45367576.1 7 A~NDA ITEM NO. :L l PA(':"~ 0 OF ~Lf (\ 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 (\ 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 2 ACENDA ITEM NO. ;).::t PAGE a~ OF ~ if n n n 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 U ACENDA ITEM NO. ::l;).. PACE ? Lj OF ~ '-I (\ (\ n 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' , . . YES NO . ." I. I i I , r I AGENDA IlEM NO. 0- 1- PAGE ~5 OF 3 'I RESOLUTION NO. 2005 - ~o u 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 ("\ n ("\ 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 u u 45367594.1 3 . A~NDA ITEM NO. .). ;)... PAGE~OF .:; Lf n 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 . n 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{ (\ (\ (\ 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 u 4 U AGENDA ITEM NO. :2 .2- PAGE ~d. OF ~'I . (\ 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 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 - '! u 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 [\ 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) (\ l '. 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 u 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 u 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. PAGE 4 o o o 2-~ OF ... '-/ n 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 n 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. PAGE I; ., , it , ., . :~1 ;g :< :* ,.>} '(" .~ j~ ".;1 .;,::~ (\3 -c. d- .:~ OF '"2. l./J 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 AOf:NDA ITEM NO. PACE h u u u ').'3, OF ."),,'-/ n n n 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 ").~ 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{ u u u 2.3 OF 3 if n n (""1 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 " .,., u Q:\ELSINORE\CFD 2003-1 O&M _ CID\CFD 2003.1\formation\reports\Report Annexation No 11 cfd 2003_1 Lake Els~ore.doc AOENDA ITEM NO. 2 3 PACE--1.O-0F "l..( n ('\ n 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. ..- .- .- .- .- .- 7. _2\CDI .. "1l0lllll I. atlll_ 11._- lI.aIQ:IIIDl II. .-._ 1;\ M1DOO1 ..- ..- ..- ".~ ,,- l- (/) a:: w w (Xl -..J o o KINGS HWY t SCALE:l-.2flO' fIUllIrtJlj[onlCII:flf'1ItI:(ll'I'(UJIl(flf'JN[aTl'IF"-:~_---......R4Yor___ gJY=-.._t;;IlT"l.NI:I~ III8Im1'CDI1I'Y_l'H___nlf_ICI.WD.IIlIaOl-"__IIJOnlfClfl'f'I lMI:a-.lXIM.IIIIlYl"ACaS1lD___-IICITr"L.-:a5IOOlIIt.ocurrrOl_lITA~flf' _____....1t€CfNCCUtaLflf'1HI:O....t......:D.IINUIIE: nAIIPlUl..OlII.YSQolElJlUD~ ~.M(Ul(wfHE:_IMYOF__ HIQ~""'__ IUT~"_gn'."",~ fUD'HS_fIol'l'af__ AfIll[ItCUtOF_O"Cl.llOC..-lIl"IIOl:Ilt-CFMoV'$ flf'A$KSSIIOfJ__rr'ACJlIIfUOISJlIIt'ft"....____~AS_""'_ 1N1NI_flf'lICllOUIfl"l'_.lHC(D,MN.--'Sf"'lI[OF~ V1CJll1TY ... NO ..... -.. "'L--- flf'IWt:UUIInl'flFlI....__ ......, 1lEFlllPl<<1ItI:_c:ouNl'I'ASXDCItSlW'SRIIAog.-uo__IFI'NI(I1UOU__ .................. PROPOSED BOUNDARY MAP BIWIllS..ASSOClATtS ---.-- -.u _. \NI)___""CNI)_ __UoAff..Ut.a c-am\y ruwu.. JIUtItct No. 2003-1 '" u. all' ~ Lab IWauon 0... ""__1, ..... ..... Param..... !IntGM) _.-.~ _I.' .-------.....-- ~- 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. u u u 23 OF. ~ Lf (' (\ (\ 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 23 OF 3 i..{ RESOLUTION NO. 2005 - do \ . u 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./ . (\ (\ (\ 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 2 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 3 U ~NDA ITEM NO. 2. 3 PAOE...-lk..-OF . ~ L( ("1 ("1 (\ 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 4 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. PACE . 'f6 u u u 2.3 OF 3l.f (\ (\ n 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 J3 OF '2. L( 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 7 Aot:NDA ITEM NO. ').. 3 PAGE ~O OF 3i.( (', 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 2 A01:NOA ITEM NO. 1- ~ PACE ;). ~ OF 7, (\ (\ n 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 3 23 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 4 AGi:NDA ITEM NO. :J- 3 PACE ri.1.( OF .?''f u u u o ('\ n 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" , . YES NO AG1:NDA ITEM NO. . 2. ~ Lf PACE ~ c; OF RESOLUTION NO. 2005 - ;)..~ U 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. U 45367594.1 AGENDA ITEM NO. 23 PAGE rl.. h OF 3 Lf . n n n 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. PAGE al :2-3 OF 7, L.f 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 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 u u 45367594.1 3 . A~NDA ITEM NO. 2 ~ PACE..~ K' OF 3l( n ORDINANCE NO. t J4:?JH'" (\ 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 2 U AOENDA ITEM NO. .R3 PACE ~O OF ~lf n I I I I i n n 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 PACE .~ OF <- Lf u u u n 'I :; (\ " f: I n 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" u 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 ) ) ) ) ) ) u 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 u AQfNDA ITEM NO. ;). ~ PAGE 3 if OF "1, L/ n n 1\ [1 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: u 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 .t.) u 11..\ 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 AOENDAITEM NO. PACE "'I .ll\ Of ICf Q o i o n (\ n 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. PACE _ &) bLY OF ..1..EL- 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. , q:\eJsinore\llmd1\fo~aljon\new district\annex no. 5 Hmd engineer's report.doc AOENDA ITEM NO. PACE . "6 u u u Q.L\ OF ...1.!l- n n n 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. q:\elsinore\lJmd1\fonnation\newdistrict\annex no. 511md engineer's report.doc AGENDA ITEM NO. PACE 7 Q l.\. OF --L9- 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. q:\efsinore\llmd1\formation\new district\annex no. SlImd engineer's report.doc AOENDA ITEM NO. PAGE 8 u u u l.l\ OF ..1!l- ("'\ ("'\ ("'\ 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. q:\etsinore\llmd1\formation\new district\annex no. 511md engineer's report.doc AGENDA ITEM NO. 1 L\ PACE..-9..-0F~ Annexation No.5, City of Lake Elsinore Landscape and Street Lighting Maintenance District No. 1 January 18,2005 Page 5 PART C ASSESSMENT ROLL u 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. u u AGENDA ITEM NO. PAGE / () CLY OF ...L9- q:\elsinore\llmd1\formation\new dislrict\annex no. 511md engineer's report.doc n 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 / 1. I" . 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." n ; . 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. PAGE II 2~ OF .-1.9-- 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. q:\eIsinore\llmd1\formation\new districl\annex no. 511md engineer's report.doc Act:NDA ITEM NO, PAOU~ u u u ;;L4 OF ....i!1...- (\ ('\ (1 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. "q:\elsinore\llmd1\fonnation\new district\annex no. 511md engineer's report.doc ~y OF 19 AOENDA ITEM NO. PACE.J ~ u ..<."i! u ,~ $ 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 u AOt:NDA ITEM NO. 0.. Y PAGE' I Lf OF ....l.9...... n n (\ 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 u 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 AOENDA ITEM NO. ~ l\ PACE It. OF~ u ('1 (\ (\ 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 PACE 17 OF~ RESOLUTION NO. 2005 - March 8, 2005 - Page 4 u 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 u 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 u Vicki Kasad, City Clerk AGENDA ITEM NO. 2l\ . PAGE J F OF~ E~h/i/I- /! ("1 ,0- f (\ 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.~ PAGE.13-0F~ u " '. r , u u n n n 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. PAGE I ?-S OF aO Report to the City Council March 8, 2005 Page 2 of2 u 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: u ACENDA ITEM NO. PACE ;;... 25 OF ~O 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. PAGE Lf i l , f q :;~, ,; ~i ':~~ ~~~iJ '. ,;:,~ :}i. Ij~!' '~::ifJ '1 .',':i -;' ~ :{t; _~i; ";1': ').1:1 '.{' .:r.i 'j; # '/ . ,;; . ..j.' ~,' , 'I' f~ f, i ~ , I , t, t~ !i h t if -t. . " o 21{ OF d.. 0 n n (\ 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:) ;))' OF'~O 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. q:\elsinore\llmd1\formation\new district\annex no. 611md engineer's report.doc AOENDA riEM NO. PAC~ fD u u U 26' OF rl.. () (\ (\ n 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. PAGE 7 :2:: OF a.O 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. q:\eIsinore\llmd1\formation\new district\annex no. 611md engineer's report.doc AOENDA ITEM NO. PACE <3 u u u 1) OF "dO n (\, n 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 ..! '. AGENDA ITEM NO. :2 5' PACE~OFd.O Annexation No.6, City of Lake Elsinore Landscape and Street Lighting Maintenance District No. 1 January 18, 2005 Page 5 PART C ASSESSMENT ROLL' u 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 . .. : " , ~ < 1,044.26 $66,047.98* u ',I "j ,<'1 , . 'The maximum assessment is $0.02 less than the eslimated budget due to rounding of the assessment per dwelling unit. u q:\elsinore\flmd1\formation\new dislrict\annex no. 61lmd engineer's reportdoc AGENDA ITEM NO. PACE I () ':2s- OF d.. n . n 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 q:\elsinorelJlmd1\formation\new district\annex no. 611md engineer's report.doc AOENDA ITEM NO. J. 5' PAGE-LL-OF do 0 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 u u U )S AGENDA ITEM NO. PACEjLOF "d.O (\ (\ (\ 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. PAGE.J ~ " '1{ OF d... 0 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 AOi:NDA ITEM. NO. PAGE I if u u u 25' OF'd..O n n n A.P.N.'. .. JM02D0J4 2._ 1_ ..- .. 3llOOIClOOJ O.J09000004 7. J8I121001 & 389121002 t. _'21003 10. 389122001' n. _122002 12. .1BV122003 13. JUI22004 14. J8112~ 15. 381122001 tl. 311122007 1,. 3891220'10 I&. JUDIOOOI!I 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. PACE-' c; 25 OF ~ ('J RESOLUTION NO. 2005 - '- 5 u 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 '."- , ' 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 u AClENDA ITEM NO. PAGE I {, ;).5 OF ~O RESOLUTION NO. 2005 - March 8, 2005 - Page 2 o 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. o SECTION 4. A diagram for the Annexation (Section 22570 of the Streets J.../ AOENDA ITEM NO. ~. ~L PAOE--17 '. OF ~O RESOLUTION NO. 2005 - March 8, 2005 - Page 3 u 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 u , . AOENDA ITEM NO. PACEJ g U 25' OF (7..0 ("1 n n 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 PACEB-oF d. 0 EJCh/~iL /! u o\,P.N:. to .sa90200J4 ..- ..- .. ........, .. 3IIOOClOOJ 1.- 7. J8I121DD1 8. "'21002 9. JU12tODJ 10. _122001 11. .1BI122002 12. 3891220M 13. _'22004 14. JBl1220D5 15. 3l1li122001 'I. 3&9122007 17, 381122010 18. JBHeOOO6 f- (f) 0::: W W m -J o o KINGS HWY u 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 u AGENDA ITEM NO. 25 PACE d. 0 OF ri..Q n n (""\ 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 ?-b AGENDA tTEM NO. ./ PAGE :;. OF ~ u u u " n RIVERSIDE COUNTY SHERIFF'S DEPARTMENT ,'" Lake Elsinore Station ~~---~--_..._~~--.,-----------------~--- it * Captain * Lieutenan!_ * Sergeant * Deputy DA * Superintendent * Ct. Ops, Mgr. * Manager DATE: November 24, 2004 .L , i 'l' ..~' 1/;. .,.rl/ I:fu / 'j - 'Y!.: . . .' -',' '! /~, /0- 1JiJ.;., "';"".' r (,//. '" 'v.~.. . ,,-_/ '/. . I .' 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 PAGE-.3...0F ,r; .~ 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. u 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 u 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 u 333 Limited Street Lake Elsinore, CA 92530 AliENOA ITEM NO. J. (, ""'. PAGE-=t.. OF .C; n 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 AQENOA ITEM NO. ~ ~ ' PAGE~OF u u - '., J" " u 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 PACE-L-OF~