HomeMy WebLinkAbout10/11/2005 CC Reports
CITY OF LAKE ELSINORE
CITY COUNCIL AGENDA
ROBERT E. "BOB" MAGEE. MAYOR
ROBERT L. SCHIFFNER, MA YORPRO TEM
THOMAS BUCKLEY, COUNCILMAN
DARYL HICKMAN, COUNCILMAN
GENIE KELLEY, COUNCILWOMAN
ROBERT A.BRADY, CITY MANAGER
WWW.LAKE-ELSINORE.ORG
(951) 674-3124 PHONE
(951) 674-2392 FAX
LAKE ELSINORE CULTURAL CENTER
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
*************************************************************
TUESDAY, OCTOBER 11, 2005 -7:00 P.M.
If you are attending this City Council Meeting please park in the Parking
Lot across the street from the Cultural Center. This will assist us in
limiting the impact of meetings on the Downtown Business District.
Thank you for your cooperation!
CALL TO ORDER
PLEDGE
INVOCATION
ROLL CALL
CLOSED SESSION
a. PUBLIC EMPLOYEE APPOINTMENT (Gov't Code S54957)
Title: City Clerk
b. CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code !i
54957.6)
City Negotiator: Special Counsel, Steve Filarsky
Employee Organization: Laborers' International Union of North
American Local 777
Page Three - City Council Agenda - October 11, 2005
b. Joint City Council/Planning CommissionlPublic Safety
Advisory Commission Study Session - August 30, 2005
c. Special City Council Meeting -August 30, 2005
d. Joint City Council/Redevelopment Agency Budget Study
Session - September 13,2005
RECOMMENDATION:
Approve.
2. Warrant List - September30, 2005
RECOMMENDATION:
Ratify.
3. Supplemental Law Enforcement Service Fund (SLESF) Expenditure
Plan.
RECOMMENDATION:
Approve.
4. Notice of Completion for traffic signal at Grand Avenue and
Broadway Avenue.
RECOMMENDATION:
Authorize the Mayor to execute the
Notice of Completion and have City
Clerk file the document for
recordation.
5. Construction contract bid opening for Interim I-15/Railroad Canyon
Road interchange.
RECOMMENDATION:
City Council direct staff to re-
advertise Interim I-15/Railroad
Canyon Road construction project for
an additional 30 days.
Page Five - City Council Agenda - October 11,2005
22. Tentative Tract Map No. 32786.
RECOMMENDATION:
Adopt Resolution No. 2005-148
approving Findings of Consistency
with the Multiple Species Habitat
Conservation Plan (MSHCP).
Adopt Resolution No. 2005-149
approving Mitigated Negative
Declaration No. 2005-09.
Adopt Resolution No. 2005-150
approving Tentative Tract Map No.
32786.
23. Mitigated Negative Declaration No. 2005-07/Mitigation Monitoring
Program, Tentative Tract Map No. 33370 (for condominium
purposes) and Residential Design Review No. 2005-05.
RECOMMENDATION:
BUSINESS ITEMS
Adopt Resolution No. 2005-151
approving Mitigated Negative
Declaration No. 2005-07/Mitigation
Monitoring Program.
Adopt Resolution No. 2005-152
approving Tentative Tract Map No.
33370 (for condominium purposes).
Adopt Resolution No. 2005-153
approving Residential Design Review
No. 2005-02.
31. Employment agreement for City Clerk.
RECOMMENDATION:
Approve.
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: WHEREAS, dunng NatIOnal Breast Cancer Awareness
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Mohth, ~e renew our commitmel)t.to ~aking 'progress in the figqt ~o }'1revyIilt;
detyGt;tre\lt.arid cure thisdeadly disease; and '. .... ", ;:' .
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,"::' <"NOW.THEREFORjl,'1'HFMA,YORAND.C/i'J{:"i"';",
;: CO,UjvdLdf th~ City @'[ iak~:Ei~iiIoi~:(.thi~',hlh'day, ofOctohei~'605,dtih~~~b;' .
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PAGE OF _-\..._
ACENDA ITEM NO.
PAGE \
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AGENDA ITEM NO.--L-
PACE \ OF \
(I
(I
(I
. MINUTES'
CITY COUNCIL STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
,';' i
'WEDNESDAY, AUGUST 24, 2005 '
* *** ** ** ** ** * * * **.**** *'J: ** *** **** * ** * '* ** *** ** * * *** * * *.*** **"****.
CALL TO ORDER '
"-,.,'
Mayor Magee called the City Council Study Session to order at 4:00p.m.
. . - .
. .
"'., '
ROLL CALL
PRESENT:
COUNCILMEMBERS:' HICKMAN, KELLEY,
. SCHIFFNER, MAGEE
ABSENT:
COUNCILMEMBERS: BUCKLEY
, (Councilman Buckley arrived at 4:20 p.m.)
Also present were: City Maqager Bratly;"CityAttorney Leibold, .
Community Services Director Sapp, Information/Communications
Manager Dennis, City Treasurer Weber and Deputy City Clerk Ray.
PLEDGE OF ALLEGIANCE .
, -,
-"-~,,~
The Pledge of Allegiance was led by Mr. Tim Fleming.
PUBLIC COMMENTS
Edith Stafford decided to pass on her public conuhents.
DISCUSSION ITEMS
Mayor Magee noted thatthe meeting was noticed as a City Council Study
Session. Heindicated that the Stadium was'held by the Redevelopment
Agency. He.tumed the meeting over to RDA Chairman Hickman.
Agenda Item NO.~
pageLof~
PAGE TWO - STUDY SESSION - AUGUST 24, 2005
u
Chairman Hickman explained the way this meeting would be conducted and
invited Mr. Farzin Heravi, Jeffrey Industries International.
Mr. Heravi indicated that he was given a statement to read to the CounciL and
indicated that he would not be able to answer any questions. He read the
statement into the records. Chairman Hickman noted that Jeffrey Industries
wanted to create a world baseball league and a boxing venue that would be
aired on ESPN.
Chairman Hickman invited Popejoy, Appel & Graves to present their
presentation.
Mr. Popejoy introduced and gave some background onhimself and his partners.
He also introduced Pat and Mike Allen, senior members of the architectural
firm Langdon Wilson.
Mr. Popejoy commented on th~ current status of the Stadium. He indicated that
the Stadium was underutilized. He also indicated that the southern entrance
leading to Diamond Stadium and the surrounding properties was less than
. .
Impressive.
u
He indicated that their vision was to create a special development near and
around the Stadium. He referred to the Stadium as the "catalyst" for sphere of
development to Old Town on the eastern side of the channel.
Mr. Popejoy continued to go through the outline provided to the City Council.
He indicated that they would like to enter into a lease to operate the Stadium
and possibly with an option to purchase. He indicated that they would like to
develop and operate a hotel, convention center, recreational vehicle park and
senior citizen residences. He noted that it would be land that the City/RDA
would retain.
Mike Allen commented ,on the view and the location of the Stadium. He noted
that the view around the Stadium and lake was beautiful. He noted that it
would be a mixed use area. He commented on the possibility of different types
of venues. He noted bringing in professional offices and medical offices. He U
indicated it would be a number of businesses that accommodated each other.
Agenda Item No. \ Q
P,geLorq .
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PAGE THREE - STUDY SESSION - AUGUST 24,2005
He indicated that it would become a weekly community not just a destination
sports complex. He stated that there would be residential development.
Mr. Popejoy gave an outline of their proposed sequence of events. He noted
they would like to enter into a 10 year lease, which might be terminated by the.' .
City at the end of any year, when the base income to the City failed to exceed ' .
that of the most current 2005 recent fiscal year for the City, plus 5% annual
. increases per year starting at the end of year one and lessee received no net
income, until City was paid their base income plus annual 5% increase. He
noted that over the base income paid to the City there'would be a 70/30 with
70% to GAP. .and 30% to the City.
, ~,
Jacobs-CPDiamond Development representatives Gary Jacobs, ofJacobs
Investment Company, and Stephen Semingson, of Civic Partners, gave an
outline of the proposal. Mr. Jacobs commented on San Diego's PetCo Park and
the Gas Lamp District. Mr. Jacobs gave some background information on his' .
Company and commented on Civic Partners involvement in the community.
He noted that the Storm baseball team had been in Lake Elsinore for the past 12
years. He noted that the Storm had the best selling logo in the country. He
noted that Civic Partners had been heavily involved in Lake Elsinore since
2000. He noted the experience Civic Partners possessed to resolve
environmental issues. He noted that alot more events could take place at the .
Stadium. Mr. Jacobs commented that the Stadium was a great concert. venue.
He commented thatthe Stadium was a good facility for Sports Clinics and
Tournaments. He noted the Diamond Club was used a loHor reserved parties.
Stephen .Semingson, Civic Partners, indicated that the Stadium continued t()be' .
the community center piece. Henoted that it was important to combine:
residential, commercial, sports and entertainmentaround the Stadium. He
noted the relationship between Mr. Jacobs, Lake Elsinore Storin and Civic.
Partners. He commented that they recognized that a key ihterest of the
community was an upgraded lodging venue with conference facilities. He.
noted letters of interest Civic Partners had received from hotel chairis. He'
commented that they had access to an estimated 42 acres. He noted:that they
encourage the development of property located around the Stadium. He noted'
that they have received interest information regarding restaurants and office
developers. He indicated that residential was also important to this project. He
Agenda Item No. \ ()..
page:3 ofg
PAGE FOUR - STUDY SESSION - AUGUST 24, 2005
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commented on the development t()ols for consideration.
Mr. Jacobs continued with the presentation. He commented on the next steps in
their proposal., He commented, on an, exclusive.negotiating agreement, joint
analyze Stadium operations, (he evaluation oflease/purchase options and
complete Stadium transaction.
Dave Olster, G~nera! Manager of Lake Elsinore Storm, commented that the
community did not want to seetl1e.uniqueness of Lake Elsinore taken away. He
noted all the amenities within the City and ,how there was nowhere elsein the
world could you find such amenities in one City. He noted that the Storm ,
wanted to see a balance between residential, commercial and recreation without
losing the uniqueness of Lake, Elsinore; He commented on the Little League
parks,
Chairman Hickman opened the floor Jor public commenting.
Edith Stafford, Lake Elsinore, questioned the type of development that each of U
the companies had done, ifany.' , '
Mr. Heravi, Jeffrey Industries, commented that he was a realtor. He noted that
he has spent the last eight months getting to this presentation opportunity. He,
noted that everyone wanted to do what was best for Lake Elsinore. He noted
that Jeffreylndustries International was there to do good things for the City and
they were willing to work with everyone.
BoardII].ember Magee inquired if Mr. Heravi had a copy of the proposal sent by
his employers. Mr. Heravi commented that he did not. Boardmember Magee
provided Mr. Heravi with a copy of Jeffrey Industries International RFP.
Boardmem~er,Magec;:.comme)1ted'on the introductory of the proposal and noted
that the balance of their RFP was for the Homestead Sports Park. He
questioned if the proposal was for Homestead Florida and not Lake Elsinore. '
Mr. Heravi indic,ated thath~ had no cOmment and he was not responsible for the
document. ,Boardmember Magee noted that the resume for the two Principals
. .
were ImpressIve.
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Agenda Item No. \ Q
Page i--L of q
(\
PAGE FIVE - STUDY SESSION - AUGUST 24; 2005
Kathy Cleary, property owner iri Lake Elsinore, coinnlerited that she was. "
concerned that G .A.P proposal went through her property; .' . i.
. 't.. . '.
Boardmember Buckley commented on the base income and requested that Mr. '
Popejoy explained the 5% base income. Mr. Popejoy indicated that the base'
income was the loss that currently existed at this time. . He noted that it would .
not go away. Boardmember Buckley commentt:d that it had to go'away;'he
noted that was the purpose of dealing with the Stadium. . ,
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Mr. Popejoy commented that they would be offering fair market value to all
property owners;
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Boardmember Kelley commented that she was concerned with the'operationof . . . ·
the Stadium and ifMr. Popejoy had people in his group that"had that capability.
Mr. Popejoy commented that he had never managed a baseball stadium. He
deferred to Steve Appel to comment'bn some of their previous projects.
(\
Mr. Appel commented that they would partner with one of the three premiere
groups in the country thanpecialized in the operation of baseball stadiums and
entertainment venues... · . . . ..
Boardmember Schiffrler commented that itwas no hidden secret that the City
operation of the Stadium lost money. He noted that the RDA had offered a very .
broad request for the RFP. Boardmember Schiffuer questioned how close was
the G.A.P from the information they had gathered to be able to enter into
negotiation with. the City on a lease/purchase or some financial arrangemenC
where numbers would be available to start negotiating a deaL He expressed his'
concerns that G.A.P was far from being able to that: Mr: Popejoy disagreed:
He explained that he did not'wanttheAgencyBoard to be left with'the opihion
that the deficit would go away with his'group.', He further explained that it
might become smaller. He indicated that he felt that they could come to an.
agreement. .
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Boardmember Magee noted that there were concerned property owners; and the
City did not have eminent domain powers. He 'noted that the developerwould
need to independently negotiate. with the property owners. Mr. Popejoy .
reiterated that they would be'Offering fair marketvalue. Boardmeinber Magee
Agenda Item No. \ a..
Page.5 of q
PAGE SIX - STUDY SESSION - AUGUST 24, 2005
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advised that the Agency Board's main goal was to tumaround thenegative cash. .
flow situation with the Stadium. He expressed concern that G.A.P did not have
the expertise to increase the 'number of days of operation in the Stadium. Mr.
Popejoy commented that he had no.experienge when he ran the largest
secondary mortgage market operation in, the world until he was made the CEO
of Freddy Mac,. He noted that he had no experience when ran the largest S & M
in the world that w.as crumbling until he took over American Savings. He also
noted that he had no experience operating County government until he assisted. ..,
in helping Orange County out of bankruptcy. He also noted that he had no
,experience operating a lottery until Pete Wilson aske~ him to operate it and he. .
increased the revenue by $800 million a year to the schools of the State of
California; and he had no experience in buying Japanese real estate that had
. been foreclosed from Japanese banks, but they generated $700 million. He
indicated that he would like to.be a part of something that madehimproud.
Chairman Hickman thanked Mr. Popejoy for his group's presentatio,n and noted
that he was impressed. .
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Boardmember Magee commented on the;development tools and requested that
Mr. Semingsori touch on each bullet point., Mr.. Semingson commented on tax
increment financing. He ,explained that utilization of the tax increment was
available. to the major developer. He commented thatthe assessment district.
formation was a routine tool that took place currently in California. He noted .
that there was substantial parking. He noted that he was not proposing a
parking district formation, but wanted to make the Board aware that it was one'
of the tools that was used where a project might be phased. He advised that
these were the tools that a developer would consider on a mixed-use retail
project. He noted that the density credits would be an.item that would be
further discussed with the Agency Board. He commented, that they currently
had multi-tiered development structures. He noted that this project qualified for
u
Agenda Item NO.n
Page~ofg
(\ PAGE SEVEN - STUDYSESSION"": AUGUST 24,2005
a new government program called New Markets Tax' Credits.
Boardmember Magee gave a recap of all the activities proposed by Jacobs-CP
Diamond Development. He requested that they expl<iinedupper tier and lower
tier development. . Mr. Semingson explained that the venture between Jacobs
and Civic Partners would be the upper tier development and as they brought
other participants in that would be part ofthe lower tier development.
Boardmember Magee requested that Jacobs-CP Diamond Development gave
some background on projects they have been involved with completing. Mr.
Jacobs commented that they had built the County Health & Human Services
building in Chula Vista,located in San Diego' County; and'hewas currently
working on the Escondido Research & Technology Center;:and other projects'
currently in place around the country. Mr. Semingson commented that Civic
Partners had built several thousand residential units; and they had built well in
excess of one million square feet of office development.,eHe.noted thatthey
have several mix-use projects under development and current projects in the
northern California market.
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Boardmember Magee commented' that he contacted references submitted by
Civic Partners and had spoken with the City Manager for Vista, and she spoke
positive of Civic Partners.
Boardmember Buckley commented that he trusted the, Storm. He commented
that there was a company called Lakeside that had operated the stadium, which
was a subsidiary ofTMC, in which Mr. Semingson was a partner. He .
commented that they operated the. stadium poorly and questioned:whah' .
reassurance could be given that they would not do a poor job the second time
around. Mr. Semingson noted that Civic Partners ended up with the properties
they currently controlled due to dispute resolution with TMC, and at the
forefront of the dispute were TMC's activities.
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Boardmember Buckley questioned if they had planned to use City tax dollars to
buy a City facility that was built with City tax dollars. Mr. Semingson
indicated that they were proposing the tax increment that was part of the
existing agreement that would be deployed as it was suggested in the agreement
to enhance the development of the private property to make the development
Agenda Item No. \ D.
Page l of 3-
PAGE EIGHT - STUDY SESSION - AUGUST 24, 2005
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something that would not be achievable with a more~ customary financing.
City Treasurer Weber requested that Mr.Semingson explained the, issues with
Civic Partners and the UniversityofIdaho. Mr..Semingson explained that it :
was the University ofIdaho Foundation that had acquired options on three key,
parcels in the downtown area of Boise Idaho. He further explained that the
parcels were acquired by trust money that was not appropriately allocated for
that kind of acquisition. He noted that the project was cancelled and Civic
Partners along with many others had been additionally named as part of the
lawsuit. . .
City Treasurer Weber questioned if they had a.figure in mind. Mr. Semingson
indicated that would be determined as part of the initial process. .
BoardmemberKelley inquired on what their first goal in this process would be.
Mr. Jacobs indicated that they would start having more activities in the
Stadium.,. , ,:',
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Chairman Hickman commented that the first individual that had come forth last
year hadplanned to put a hotel on the Stadium land. He questioned if Jacobs- ,
CPDevelopment would considerdoing the same. Mr. Jacobs commented that
would be something they would consider. ,:
Boardmember Magee clarified that any decision or future conversation by the
Agency should take place at another time.
Legal Counsel Leibold concurred with Boardmember Magee. She noted that
she would anticipate areal property negotiation closed session and then an open
session for the proposal selection and the next steps. The Agency Board agreed
to a closed session for September 13th.
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Agenda Item No. \ 0..
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PAGE NINE - STUDY SESSION - AUGUST 24, 2005
ADJOURNMENT
THE CITY COUNCIL STUDY SESSION WAS ADJOURNED AT 5:30
P.M.
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
FREDERICK RAY, DEPUTY CITY CLERK
CITY OF LAKE ELSINORE
Agenda Item Noj ~
. page9- of
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MINUTES
CITY COUNCIL/PLANNING COMMISSION/PUBLIC
SAFETY ADVISORY COMMISSION STUDY SESSION
CITY OF LAKE ELSINORE"
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, AUGUST 30, 2005 _ _
*************************************************************
CALL TO ORDER
Mayor Magee called the City Council Study Session to order at 4:00 p.m..
ROLL CALL
PRESENT:
COUNCILMEMBERS: BUCKLEY, HICKMAN,-
KELLEY, MAGEE
0.'
ABSENT: _'-
COUNCILMEMBERS: SCHIFFNER
Also present were: City Manager Brady, City Attorney Leibold,
Administrative Services Director. Pressey; Community Services Director '
Sapp; Information/CommuniCations-Manager Dennis, Lake & Aquatic'
Resources Director Kilroy, Recreatioli/Tourism Manager Fazzio, Parks &
Open Space Manager Fazzio, Public Works Manager Payne, Planning
ManagerPreisendanz, Police Chief Fetherolf, City Treasurer Weber, and -
Deputy City Clerk Ray. -,-
Planning Commissioners: Francia, Gonzalez, Larimer, O'Neal, LaPere
Public Safety Advisory Commissioner: Arnold, Knight, Sund, Zanelli,
Hewison
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PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Public Safety Advisory Commission Vice
Chairman Knight.
Agenda Item No. \ b
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Page Two - Joint Study Session Minutes - August 30, 2005
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PUBLIC COMMENTS
None.
DISCUSSION ITEMS
Public Safety Advisory Commission
Mayor Magee thanked the commissioners for attending the study session.
Mayor Magee gave some background information about the Public Safety
Advisory Commission (PSAC).
PSAC Chairman Hewison commented that there were two new appointees on .
the PSAC. He noted that some of base work was covered during the first year.
He noted that the commission was having working study session twice a month.
He also noted that the Commission was currently focused on shoreline safety U
around the lake. He indicated they would like to review the Disaster
Preparedness Plan within the next couple of months. He commented they spent .
a lot of time on the Citizen Action Patrol last October and November. He
suggested that the PSAC have one more meeting and report back to the City
Council either in support or nOI1 support of the Citizen Action Patrol.
He indicated that the PSAC was recommending a study session with the Fire
Chief and Police Chief to understand their views on the commission.
He indicated that they would be reviewing the safety related City ordinances.
They would also be discussing community outreach, community education and
increasing neighborhood meetings.
He indicated that the PSAC would be providing Council with an update report
on their issues in December.
Commissioner Arnold commented that their needed to be a system established
that allowed the PSAC to track corrective action to ensure it remains on course,.
so issues would not be forgotten once the issue had been addressed. He
A~enda Item No. \ b
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suggested exPloring grants to help thePSAC in achieving activity levels beyond,
present budget constraint. Hesliggestedestablishing contact with other' "
PSAC's. '
Vice Chairman Knight commented that public' safety was very dlfficuItto
define. He suggested some direction from 'Council. '
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Mayor Magee'suggested that the comrirission meet with the different .
neighborhood watch groups. He also suggested that they review code
regulations specifically lakeshore ordinances. He commented on the parking of
boats and RV's on public'streets. He noted that CounCilman Hickman had
distributed example ordinances from Murrieta arid Temecula. He also. .
suggested reviewing the possibility of graffiti and vandalism cameras as ',.
mentioned by Councilman Buckley in the past. He indicated that they needed
to review some cost sharing with Riverside County andCanybnLake for Fire
services. He commented that he would like to see the commission become
more of an internal driver. He suggested the possibility of the meeting being' .
once a quarter. Mayor Magee inquired ifthere was anything else the
commission heeded from Council or law enforcement before they make a
recommendation to Councilor if they needed to meet. Chairman Hewison
indicated the commission would need to meet and move forward.
Mayor Magee agreed with Commissioner Arnold regarding the pursuit of
grants.
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Chairman Hewisoncommented on the currentiterris iri which the comillission
. .
was involved with at this time; , . . .
Councilwoman Kelley thanked the commission on their involvement inthe
community. She noted that the Lake presentation was excellent. She also noted
that the lake signageshould be a priority. She 'comrriented on the complaints
received regarding the usage ontheshoreIine. .
Councilman Hickman requested that they review safety for the schools in
conjunction with surrounding City streets. He indicated that Elsinore
Elementary had requested a no parking zone, so the school would have a drop
Agenda Ite'3No. \ h
Page of~
Page Four - Joint Study Session Minutes ~ August 30, 2005
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offarea for the stl,Idents. Henoted that Machado Ele!llentary was having issues
with the cars on Joy Street. He suggested that they review those issues to assist.-
the schools from a safety stand point.
Councilman Buckley indicated that a sch90l by school safety review was an,.'
excellent idea. He thought it would be wise. for the commission to write its'
own Mission Statement; and questioned if they should include traffic and code
enforcement. Chairman Hewison commented that th~ Misl>ion ~tatement was.
included in item 8 of the handout he had provided to Council.
. ,,' ." ,
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Councilman Buckley commented on the new lake shore fee. H~ questioned if
there were plans in which the commission could provide to Council to use for
ongoing safety related issues or for the signage.
Councilman Buckley questioned if the commission would be reviewing fire
safety for the Country Club Heights area. He also suggested a possible
recommendation for whatto do with Elsinore Water Dis~rict..
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Councilman. Buckley inquired if the comri1ission would be interested an 'annual
.. ". .
presentation from the vector control districUn which the City was a member.
Chairman Hewison thought i,t would be a good idea.
Chairman Hewison.commented that the commission was ready to move
forward. .'
Councilwoman Kelley suggested that the commission utilized the Safety
Coordinator for LEUSD. She suggested that the commissipn limited their study .
to water issues as it related to fire; and not concern themselves with the future
of Elsinore Water District. . .. ',"
Mayor Magee suggested'that any qfthe City's current committees take
advantage of the Committee Comments section on the agenda. He noted that it
was a great way to communicate with the Council.
Agenda Item No. \ h U
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n Page Five - Joint Study Session Minutes - August 30, 2005'
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Planning Cominission
Mayor Magee thanked the commissioners for attending the study session. .
Chairman LaPere gave an overView ofthePlanning Coinmissionlist of issues
and concerns.
. .
1. EWD ability to continue to adequately provide both domestic and fire flow .
service; and the impact it might have on new development. .,.
"\' ,
Chairman LaPere suggested that it was a safety issue. He 'noted that there
were contradictive reports. He noted a report in January 2004 regarding the
capability ofEWD; and then anotherreport in November 2004. He noted"
that every pipe in Country Club Heights needed to be iricreased;because the
pipes only met the minimum fire flow of 500 gallons per>minute. He noted
that it was an extreme safety mattet. . .i
Vice Chairman O'Neal commented on the LAFCO report that Chairman
LaPere had reference, . He noted that some residents had commented they .
had 20 Ibs of pressure and the standard was 40 Ibs. Mr. O'Neal indicated
that it would need to bea petition from the Country Club Heights residents
to dissolve EWD.' .
Chairman LaPere indicated that he could not recoinmend in the future that
the Council move forward withimy type of structures in Country Club
Heights with the present conditions of the watet; .'
Mayor Magee commented on a project that went before thePlanning'
Commission on August 16th. Chairman LaPere indicated that the item was
continued to a date certain to allow the applicant to bring back positive
information. Mayor Magee clarified that the applicant was to provide
information that reflected sufficient 'fire flow and water pressure in that area.
Chairman LaPere confirmed that was correct; and noted that the information
would be provided to the Council.
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Agenda Item No. \ h
Page~ of iQ
Page Six - Joint Study Session Minutes - August 30, 2005
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Councilwoman Kelley concurred with Vice Chairman O'Neal in that the
residents would need to take action.
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Commissioner Francia indicated that the October 2004 report specified that
there were not sufficient f\re hydrants in Country Club Heights.
Mayor Magee indicated that development in an unincorporated area required
a document from the Fire Department. He inquired if the City had a similar
requirement. City Manager Brady explained that it had not been done in the
past, but as of late with single family housing, the City had been routing
them to the Fire Departme.nt for review.
Councilman Buckleysuggested thatthe'item be discussed in a Joint Closed
Session with Council and the Chairs and Vice Chairs of the Planning
Commission and Public Safety Advisory Commission. Councilman
Buckley also suggested that the Fire Department test the neighborhoods.
City Manager Brady indicated that request could be possible.
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Commissioner Francia commented that there could be liabilityissues with'
homeowners and insllrance companies. .
Mayor Magee suggested Council direct staff to draft a new condition of
approval requiring homes in the Country Club Heights area to have a water
. test done by the Fire Department to be submitted with their application
package., He indicated that t~sting of the entire system might be more labor
intensive and cost sensitive than Council might be aware. He suggested Fire .
Chief Gallegos research the time and labor involved and bring that
information, back-to Council for consideration.
Councilwoman Kelley agreed with Mayor Mageesuggestions.
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2. Identify and adopt new development standards to improve residential
design.
Commissioner Gonzales commented on manufacture homes being brought
into the City. He suggested increasing the standards of the homes.
Agenda ltel!1 No. \ h
Pagc~ of-L(L
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[\ Page Seven - Joint Study Session Minutes'-Augrist 30, i005
Chairman LaPere commented that the design review needed to be upgraded
'to maintain the level of quality to continue development in Lake Elsinore., ,"
Councilwoman Kelley Doted the numerous calls received byCouncil
regarding manufacture homes in Country Club Heights.
Councilman Hickman suggested going ahead and adopting a new set of
standards for manufactured homes. ' ,
Councilman Buckley noted that .residentialdesign was extremely important:
He suggested the Planning Commission have a study session or appoint a'
sub-committee ofthe Planning, Commission and bring the recommendations
to CounciL
3. Methods of green friendly designand.deve]ojJInent. " ,
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Vice Chairman O'Neal commented on the Laing development. He noted
that there was an opportunity wbreak new ground relating to solar or
different insulation. He suggested the City pursue some form of solar or
greenery friendly program.
:,
Councilman Hickman commented that Laing Homes, KB Homes and Pardee
Homes were all usingCalifomia friendly yards: He noted that the City was
not requiring that they utilize that in the City. Vice Chairman O'Neal
commented that he had spoken with Mr. Stringer of Pardee Homes regarding,
this issue.
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4. Sign Ordinance.
I"
",'-, .. ..< ; . ':
COIl1Il1issioner Larimer commented that there was a lot to love about Lake '
Elsinore. She comnientedon the signs that she h<id seen posted around the
City. She suggested reviewing the sign ordinance.
.' .' 1'.' j ;.': . (. . ~.
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Councilman Buckley questioned bad sign vs. good sign. Commissioner .'
Larimer commented on the SOS Storage signage seen from the freeway and
the Lake Elsinore Storm banner on the side of the SOS Storage building.
Agenda Item No. \ b
Page~of.iO-
Page Eight ~ Joint Study Session Minutes- August 30, 2005
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She also noted the signs located on the public right-of-ways posted mostly
on the weekends.
Mayor Magee,sommented that Code Enforcement go around each Monday
removing the smalIer signs. He noted that the temporary banners should be
processed through the Planning Division for approval; which alIows 30 days
to have the banners up. He ,commented on the permanent signage. He noted
that the Burger King signage was huge.
Commissioner Francia commented that the City of Rancho Cucamonga had
a detailed sign ordinance.
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Councilwoman KelIey suggested they also review the fencing ordinance.
'.'
Councilman Buckley suggested they also review parking and possibly
remove compact parking.
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Councilwoman KeIley indicated that the sign ordinance would also cover
window displays." , . "
5. GPAC Update.
Commissioner Francia indicated that it was not necessarily a GP AC update
but a suggestion that as the GPAC getc1oser, to reaching certain milestones
that they meet with the Commissioners, City Council and staff. .
Mayor Magee agreed with Commissioner Francia; and noted that it did not
necessarily need to be an oral update, but a memorandum outlining different .
thresholds, where there would be a work product presented and if there were
certain standards or certain sections of the. documents completed, then the.
Planning Commission,could,use that in their de.cision making process.
,)., '
Mayor Magee gave a recap of the items discussed with the Planning
Commission. ." .'
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Agenda Item No. \ b
Page~ of-iO.-
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n Page Nine - Joint Study Session Minutes - August 30, 2005
Councilman Buckley commented on a meeting he had in Temecula. He
indicated that projects of any significance in Temecula was assigned to a
sub-committee from the very beginning, to prevent any surprises once
presented to Council. He suggested a random:two councilmember and one.
Planning Commissioner sub-committee. .
Mayor Magee suggested a Joint City CounCil, Planning Commission and
Public Safety Advisory Commission Study Session once a year.
CITY MANAGER COMMENTS
City Manager Brady commented that a lot of the projects in Temecula did
not go through the same review process. He noted that he would contact
Temecula City Manager to find out more about their process.
CITY ATTORNEY COMMENTS
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No comments.
CITY COUNCIL COMMENTS
No comments.
ADJOURNMENT
THE CITY COUNCIL STUDY SESSION WAS ADJOURNED AT 5:48
P.M.
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
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Agenda Item No. \ h
Page~of~
Page Ten - Joint Study Session Minutes - August 30,2005
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ATTEST: ,
~ \! , j ..
FREDERICK RAY, DEPUTY CITY CLERK
CITY OF LAKE ELSINORE
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Agenda Item No. \ \c> U
pagelfr- of ~
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, MINUTES
SPECIAL CITY COUNCIL MEETING
CITY OF LAKE ELSINORE .
183 NORTH MAIN STREET
. LAKE ELSINORE,CALlFORNIA
~ .,1
TUESDAY, AUGUST 30, 2005
******************************************************************
CALL TO ORDER '
The Special City Council Meeting was called to order by Mayor Magee at 5:49
p.m.
ROLL CALL
PRESENT: .,
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, MAGEE
ABSENT:
COUNCILMEMBERS:
SCHIFFNER
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i.'. Also present were: City Manager Brady, City Attorney Leibold, Deputy city'
Clerk Ray.
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CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION - Significant exposure'to litigation pursuant to subdivision
(b) ofGov't Code S 54956.9: (1 potential case).
City Attorney Leibold announced the Closed Session discussion item as listed
above.
THE SPECIAL CITY COUNCIL MEETING WAS RECESSED TO CLOSED
SESSION AT 5:50 P.M.
THE SPECIAL CITY COUNCIL MEETING RECONVENED AT 7:01 P.M.
AGENDA ITEM No.1L__
PACE--L-OF 'J-
Page Tho - Special City Council Minutes - August 30, 2005
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CLOSED SESSION REPORT
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City Attorney Leibold announced that the Closed Session discussion was held as
listed on the agenda, with no reportable action.
ADJOURNMENT
THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED AT 7:02
P.M.
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
u
FREDERICK RAY, DEPUTY CITY CLERK
CITY OF LAKE ELSINORE ,
, ",:) >
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,',V"'I" ITP' ~',,, \ C.
,A,i_i~TIIi","V, """'~V' !-C""q,,_. .."_ ..
""",",C, ") Of /)
vg~~.."~~___ ~~._
(\
, .' MINUTES
JOINT CITY COUNCILIREDEVELOPMENT AGENCY
STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
. LAKE ELSINORE, CALIFORNIA
TUESDAY, SEPTEMBER 13, 2005
* ****** **** ** *** i;*.**** ***** **** ** ** *** ** ** * * **.* * ** ** * *** ** * * * .
CALL TO ORDER
'01-."
Mayor Magee called the Joint Study Session to order at 4:02 p.rn:
-'-.f _
ROLL CALL
PRESENT:
COUNCILMEMBERS: HICKMAN, KELLEY
SCHIFFNER, MAGEE
.' 3
(\ ABSENT:
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COUNCILMEMBERS: BUCKLEY
(Councilman Buckley arrived at 4:05 p.m.)
Also present were: City Manager Brady, City Attorney Leibold,'
Administrative Services Director Pressey,lnformation/Communications .
Manager Dennis, Lake & Aquatic Resources Director Kilroy, Community
Services Director Sapp, Planning Manager Preisendanz, Associate Planner
Coury, City Engineer Moehling, Public Works Manager"Payne, .
RecreationlTourism Manager Fazzio, City Treasurer Weber and Office
Specialist ISoto.
DISCUSSION ITEMS
Mayor Magee gave an overview of the presentations; and confirmed that the
awardees would be present at the 7:00 p.rn: meeting.
Agenda Item No. \ d
Page~Of--.lQ
PAGE TWO STUDY SESSION MINUTES- SEPTEMBER 13, 2005
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. PUBLIC COMMENTS
Bill Tiitto, 32296 Machado Street, inquired on the official date the policies would
be released.
Mayor Magee commented that o~ September 29th, at 4 p.m;, there would be a study
session held on the policies.
Mr. Tiitto noted the minutes from August 23rd and inquired about the insurance
coverage regarding the squad fire vehicle; and why it seemed as though the City
had been billed forthe vehicle and why the insurance had not covered it.
City Manager Brady indicated that he would follow up on the item that pertained
to the squad fire vehicle.
. CONSENT CALENDAR
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1. Minutes.
City Treasurer Weber noted that during the RDA portion of Item I e, the August
23rd City Council meeting Minutes, he spoke of the property the City had sold
for $4 million located near the Storm Stadium. He indicated that he had
questioned City Attorney Leibold why the property was purchased. He
commented that City Attorney Leibold could not recollect why the property was
purchased. He further inquired why his comments were not noted in the
meeting minutes.
2. Warrant List - August 31,2005.
Councilman Hickman requested clarification of various checks issued on the
warrant list. Staff clarified the items. '
City Treasurer Weber requested clarification on RDA check 5622. Staff
clarified the item.
Agenda Item NQ,-ld-
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('\ PAGE THREE STUDY SESSION MINUTES":': SEPTEMBER 13,2005
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3. Investment Report for July 2005.
No comments.
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4. Claims Against the City.
Mayor Magee commented on an incident regarding an individual that had
visited the City Hall and got stung, in the eye, by a bee and had filed a claim
against the City. He indicated that the incident is an important reason why the
City carries insurance. ' ,
Councilman Buckley requested clarification on the claim for Smalley and Hart.
Mayor Magee noted that it was an incident last December where an individual
was involved in'alove triangle, went to the place of employment; kidnapped
and individual; took two peoPle hostage, fled from the police and was shot after
levering a shot gun at 9 officers. 'Mayor Magee commented that the deceased
individual's relatives want to sue the City for the incident. .
5. Disposalof'surplus electronics as scrap.
No comments.
6. Rejection of bids for Poe Street.
Mayor Magee requested clarification on the areas where construction costs'
could be reduced. .
Community Services Director deferred to City Engineer Moehling.
City Engineer Moehlingindicated thepossibJe.changes and noted how he
would like t6 get the job done before the end of the 'month. . ,. ."
Agenda Item NO.~
Page~Of-.lD
PAGE FOUR STUDY SESSION MINUTES - SEPTIj:MBER 13,2.005
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7. Approval of Final Map No. 31920-1 John Laing Homes, Inc.
No comments.
8. Authorization to prepare CEQA Compliance Documents for Tentative Tract
Map No. 25473.
No comments.
9. Bid award for fabrication ofHDPE Draft Tubes.
Councilman Hickman requested clarification on the item.
Lake & Aquatic ResourcesDirector Kilroy indicated that he had conducted an
informal bid process for the fabrication of 4 HDPE draft tubes as part of the
axial flow pump destratification system project which was awarded to the U"
lowest bidder in the amount of$12,692. He indicated the lowest bidder, MFG" "
Plastics, had 45 days to complete the work and deliver the items. He
commented that, to date, MFG Plastics had not delivered the goods. He further
indicated that he put a 50% down payment on the goods. He noted that he did ,
visit the MFG Plastics facility and was convinced of their ability to perform the
work.
Mr. Kilroy indicated that the options going forward would be either to place the
order in default, which he noted would be difficult to recover the down payment
and attorney fees. He indicated another option would be to re-bid the item to
find a company that could perform the requested fabrication. He suggested
moving forward with re-biding the item to have the lowest bidder move forward
to fabricate the goods.
Mr. Kilroy indicated that the bid award was reimbursable throughLESJWA if
MFG Plastics never completed their order, in which case the City would ,be
solely responsible for the 50% deposit.
Agenda Item No, \ d
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(\ PAGE FIVE STUDY SESSION MINUTES;.... SEPTEMBER 13, 2005
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Councilman Hickman requested cilirification on the role oftne HDPE draft
tubes.
Lake & Aquatic Resources Kilroy indicated that the tubes do 4 things. . First, he .
indicated they provided a little bit greater distance between where the intake
was and where the outflow was.' Second, he indicated you get a greater oxygen ·
. temperature gradient in as low as 3 feet of water rather than 6 feet of water.
Third, he indicated that they would reduce turbulence caused by adjacent'...
pumps. Last, he indicated it would provide directional flow to the axial flow
pumps.
Mayor Magee noted that filing a small claim action might allow the City to"get
$5 thousand back and uphold MFG Plastics to their commitment. . He further
noted, that in tIie meantime, to proceed with the :other facility in Houston to .
produce the fabrication of the tubes.
Councilwoman Kelley inquired on the status of the pumps that were. currently
muse.
Lake & Aquatic'Resource Director indicated that there were 20 axial flow
pumps that were up and running. He indicated that he was still in the process of.'
evaluating their effectiveness.
. Councilwoman Kelley 'further inquired-on the effectiveness ofthepuinps.
Mr. Kilroy indicated thatat' the minimum the results include 20 pumps, ; , .
pumping approximately 28,000 gallons a mimiteofhigh oxygen surface waters
to the bottom waters where it was needed. He noted that when oxygen gets
down to the sediment water 'interface, you can reduce phosphorus recycling in .
the lake by as much as 35%. F
Mayor Pro 1'em Schiffner indicated that-there was II vast llmountofLESJWA's '.'
moneyinvesie'd in the pumps and they havendt performed quite as well as they
had expected. He noted that the proposed addition of the draft tubes reasonably
Agenda Item No. \ Q..
page20f-P
PAGE SIX STUDY SESSION MINUTES - SEPTEMBER 13, 2005
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gave him an expectation that the draft tubes ,would improve the axial flow
pumps greatly,
PUBLIC HEARINGS
21. Public Hearing on t~e proposed street vacation of Flint Street.
City Manager Brady indicated that staff requested that Item 21 be tabled.
22. Tentative Tract Map No. 31957.
Councilwoman Kelley inquired on the proposed construction date.
City Manager Braqy indicated that there ,was not a specific construction date
designated.
Councilwo!TIan Kelley noted that the back of the elementary school backed up U
against the property in discussion.
Associate Planner Cpury clarified the,location of the item and surrounding
properties.. . , "
Mayor Magee commented on the new Conditions of Approval and if the
Department ofFish and Game was ok,ay withthe new conditions.
Associate Planner Coury clarified that the Department ofFish and Game was
aware of the cOI).ditions and they were ok with them:
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23.
Public Hearing - Resolution determihing 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 CFj) 2003-1 Annexation Area No. 13 (Villages at Wasson Canyon).
'. '
No comments.
Agenda Item No. \ 6-
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Page --LL- Of-1D
("'\ PAGE SEVEN STUDY SESSION MINUTES - SEPTEMBER 13, 2005
24. Formation ofCFD 2005-2 (AlQerhill Ranch); Joint Community Facilities and
Fee Deposit & Reimbursement Agreements; cal1 a Special Election; canvas
election results; authorizing levy of Special Taxes. ,
Councilman Buckley inquired if DAG fees col1ected through CFDs and Mel10
Roos were only supposed to pay for..itemswithin the development and if the
fees col1ected had limits in regard to where they could be spent. .
City Attorney Leibold confirmed that under the terms of the development
agreement the DAG fees could be expended for capital improvements anywhere
within the City. " ,~. ' "
25. Public Hearing - Formation ofCFD 2005-6 (City Center Townhomes); cal1a
Special Election; canvas election results; authorizing levy of Special Taxes;'
No comments: . "
("'\
BUSINESS ITEMS
'" :-
'.
31. Second Reading - Ordinance No'. 1154~ Approving Zone Change No. 2005"03.
" '
" :
No comments.
32. Second Reading - Ordinance No. 1155 - Approving Zone Change No. 2005-06.
No comments. '
." r
"
33. Second Reading - Ordinance No. 1158 - Authorizing the levy of a special tax
within Annexation Area No. 14. " " , J:' " " .
, ~
No comments.
J ,:' ,>.~ l;
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Agenda Item No, \ d
ragelOr \ 0
PAGE EIGHT STUDY SESSION MINUTES:-- SEPTEMBER 13,2005
u
34. Second Reading - Ordinance No. 1159.c- Authorizing'the levy of a services
special tax and a special tax.' " .
No comments.
'.'1
., .i.
35. Second Reading- Ordinance No. 1160 - Amendment to LEMC Chapter 5.78
regarding Significant. Palm Trees. ,.. !
No comments.
,.
36. Washington, D.C. Lobbying Services Selection Process.
Councilwoman Kelley requested clarification if the item-would be in the form
of a study session. ,. . . .
- Mayor Magee confirmed that a study session was staffs recommendation. ,He U
also gave an overview of the four groups who submitted proposals.
Councilwoman Kelley commented that she would like the study session to
involve looking at the different groups, and to also specifically. pinpoint what
the Council would like for the groups to do for the City.
37. Draft response to Grand Jury Report.
"
, ,
City Treasurer Weber requested clarification on a specific part of the draft
response that noted the City Attorney negotiated an amended development
agreement that saved the City millions of dollars in interest payments.
'''".., .
.
City Attorney Leibold noted that the agreement had to do with the Outlet Center
development agreement. She gave further explanation into the specifics of how
she saved the City money through interest payments.
REDEVELOPMENT AGENCY
CONSENT CALENDAR
Agenda Item NO.~
Page12-0f-lD
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('\ PAGE NINE STUDY SESSION MINUTES"": SEPTEMBER 13,2005
1. Minutes.
v
No comments.
2. Warrant List - August 31,2005.
No comments.
3. Investment Report for July 2005.
No comments.
BUSINESS ITEMS
4. Nomination and selection of Redevelopment AgencyCom.mittee Member.
(\ Mayor Magee commented that he did not have a copy of Jerry Oldenkamp's
application. .
City Manager Brady replied that he would get Mayor Magee a copy of Mr.
Oldenkamp's application by the 7 p.m. meeting.
ADJOURNMENT
THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY
SESSION WAS ADJOURNED AT 5:18 P.M.
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
[',
Agenda Item No. \ C''t
page~of-1D
PAGE TEN STUDY SESSION MINUTES - SEPTEMBER 13, 2005
u
DARYL HICKMAN, CHAIRMAN
REDEVELOPMENT AGENCY
Respectfully submitted,
MICHELLE SOTO, OFFICE SPECIALIST I
ATTEST:
FREDERICK RA Y,DEPUTY CITY CLERK.
,- '
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Agenda Item NO.~
u
Page~Of-.lD
SEPTEMBER 30, 2005 CITY OF'LAKEELSINORi:
FUNJ) DESCR.!PTION
n FUNJ)#
100
112
130
135
204
205
254
357
358
362
363
366
369
371
372
373
374
605
620
650
n
("'\
GENERAL FUND
TRANSPORTATION MEASURE A FUND
LIGHTING/LANDSCAPE MAINTENANCE FUND
L.L.M.D. NO.1 FUND
SIGNAL C.I.P. FUND
TRAFFIC IMPACT FEE FUND
89-1 RAILROAD CANYON IMPROVEMENT FUND
C.F.D. 2003-02 DEBT SERVICE FUND
C.F.D. 91-2 DEBT SERVICE FUND
C.F.D.95-1 (1996-E) DEBT SERVICE FUND
C.F.D. 88-3 (III 1997-A) DEBT SERVICE FUND
C.F.D. 2005-6 CITY CENTER DEBT SERVICE FUND' .
C.F.D. 2004-3 ROSETTA CANYON DEBT SERVICE FUND'
C.F.D. 2005-1 SERENITY/KB DEBT SERVICE FUND.'
C.F.D. 2005-2 ALBERHILL RANCH DEBT SERVICE FUND
C.F.D. 2005-5 WASSON CANYON DEBT SERVICE FUND
C.F.D. 2005-4 LAKE VIEW VILLAS DEBT SERVICE FUND
PUBLIC IMPROVEMENT TRUST FUND
COST RECOVERY SYSTEM
C.F.D.2003-1 LAW AND FIRE DEBT SERVICE FUND
WARRANT
SUMMARY
TOTAL
$ 642,181.36'
1,185.15
. 27,228.61
500.00
, 322.60
. 1,738.37
. 5,000.45
. 1,350.00
900.00 ,
900.00
1,350.00
..1,703.25
1,350.00
900.00
. 6,750.00. .'
3,000.00
7,500.00
1,236.85
8,007.44
. 4,4 72.50
GRAND TOTAL
. $ 717,576.58
;"1.
.~ : -;'
10/4/2005 Warrant 092905
1011
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AGENDA ITEM NO. 2
PAGE / OF 5"'
SEPTEMBER 30, 2005
CITY OF LAKE ELSINORE
CHECK# VENDOR NAME
83111 AL TURACREDIT UNION
83238 CALIFORNIA P.E.R.S.
83239 " I.C.MA RETIREMENT TRUST
83240 CALIFORNIA BOATING SAFETY OFFICERS ASSOCIATION
83241 LAKE ELSINORE PROPERTY DEVELOPMENT
83242 S.M. WATT CONSULTING ENGINEERS
83429 THOMAS BUCKLEY
83243 VOID
83244'83247 A & A JANITORIAL SERVICE
83248 A A EQUIPMENT RENTAL CO., INC.
83249 ' - ACCENT INDUSTRIES, INC.
83250 ACTION PARK ALLIANCE, INC.
83251 ALL PHASE REFRIGERATION & AIR CONDITIONING, INC.
83252 ' AMERICAN BATTERY SUPPLY
83253 ' AMERICAN FENCE COMPANY, INC. '
83254 AMERICAN FORENSIC NURSES
83255 AMERICAN TRAINCO, INC.
83256-83257 APPLE ONE EMPLOYMENT SERVICES
83258 , ARTISAN GOLDSMITHS & AWARDS
83259 AW DIRECT, INC.
83260 . BERNARDO HERNANDEZ
83261 BERRYMAN & HENIGAR, INC.
83262 'BIO-TOX LABORATORIES'
83263 . . CYNTHIA BLOOD-WILSON
83264 BOATS PLUS
83265 RAYMUNDO BOTELLO
83266 C. R. & R. DISPOSAL, INC.
83267 CALIFORNIA LAKE MANAGEMENT SOCIETY
83268 STATE OF CALIFORNIA, ,DEPARTMENT OF JUSTICE
83269 CALOL YMPIC GLOVE & SAFETY CO.
83270 CANON FINANCIAL SERVICES, INC.
83271 CENTRAL SECURITY SERVICES, INC.
, 83272 JOSE CESAR
83273 CGI MARKETING SERVICES
83274 CHEMSEARCH
83275 CITICORP VENDOR FINANCE, INC.
83276 CNH CAPITAL AMERICA, L.L.C.
83277 COMPUTER ALERT SYSTEMS, INC.
83278 COOK EQUIPMENT OF ORANGE, INC.
83279 KIRT A. COURY
83280 COYOTE RENTALS
83281 CRAFCO, INC.
83282-83283 CUTTING EDGE STAFFING, INC.
83284 D & SELECTRIC
83285 DAPEER, ROSENBIL T & LITVAK, L.L.P.
83286 DELL MARKETING,L.P.
83287 DIEHL,EVANS & COMPANY, L.L.P.
83288 DO IT CENTER
83289 CAROLE K. DONAHOE, AICP
83290 DOWNS COMMERCIAL FUELING, INC.
83291 DRESCO REPRODUCTION, INC.
83292-83295 E. V. M. W. D.
83296 E.G. BRENNAN & CO., INC.
10/4/2005 Warrant 092905
10F.4 ,
SEPTEMBER 30, 2005
. . .
CITY OF LAKE ELSINORE
(' CHECK# . VENDOR NA!vt:E
83297 ECOLOGY CONTROL INDUSTRIES, INC.
83298 EILEENS CLEANERS
83299 ELlE FARAH, INC.
83300 ELITE ELEVATOR, INC.
83301 ELSINORE ELECTRICAL SUPPLY, INC.
83302 ELSINORE PIONEER LUMBER CO.
83303 ELSINORE VALLEY RENTALS
83304 EMPIRE ECONOMICS, INC.
83305 EMPLOYMENT DEVELOPMENT DEPARTMENT
. 83306 EXCEL LANDSCAPE, INC.
83307 FARMER BROTHERS CO.
83308 FEDERAL EXPRESS CORPORATION
83309 DAVID FERGUSON
83310 FILARSKY & WATT, L.L.P. .
83311 FIRST AMERICAN REAL ESTATE SOLUL TION
83312 GEARHART'S GARAGE, INC.
83313 KAREN GENTILlNI
83314 GRACIELAZ. HINES
83315 GREAT EVENT PUBLISHING
83316-83318 GREENSCAPE LANDSCAPE, INC.
83319 ARLINE GULBRANSEN
83320 LORENA HANCOCK
83321' HARDY & HARPER, INC.
83322-83323 HARRIS & ASSOCIATES, INC.
83324' HARVARD BUSINESS REVIEW
(' 83325 HAULAWAY STORAGE CONTAINERS, INC.
83326 . HDR ENGINEERING, INC:
83327 HEWLETT-PACKARD COMPANY . ,
83328 GARY HOFFARTH
83329 INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION
83330 IMPACT PROMOTIONAL PRODUCTS
83331 INFO USA MARKETING, INC.
83332 INLAND EMPIRE LOCK & KEY
83333 INTUIT, INC.
83334 JEFF HAUSER MOBILE WELDING
83335 JEHN ENGINEERING
83336 JOHN DEERE LANDSCAPES
83337 KIRSTEN KING
83338 KNOLL, INC.
83339 L & M FERTILIZER, INC.
83340 LAKE AIR COMPANY
83341 LAKE CHEVROLET
83342 LAKE ELSINORE MATERIALS
83343 LAKE ELSINORE TIRE & AUTO, INC.
83344 LEAR AUTO BODY & TOWING
83345 L1NKLlNE COMMUNICATIONS, INC.
83346 CHARLES MACKEY JR.
83347 MAYHALL PRINT SHOP
83348 LINDA M. MILLER
83349 ED MORCOM AND CROWN CAPITAL FUND
83350 MORROW PLUMBING, INC.
(' 83351 MORROW PLUMBING, INC.
83352. . MORTON PEST CONTROL, INC.
1 OJ4/2005Warranl 092905
2 OF 4
WARRANT IlST
AMOUNT'
1,521.50
41.00
1,000.00
1,062.00
899.98
95.53
238.00
6,750.00
795.00
905.00
133.36 .
20.07
77.54 .
3,465.00
202.20
166.59
32.50
150.00
103.22
12,805.00
302.99
5,093.25
50,000.00
80,682.60 .
129.00 . .
223.20
1,822.50
369.58
700.36
1,080.00
146.02
2,253.00
329.66
521.51
840.00
14,850.00 .
2,706.42
243.75
2,976.42
657.22
140.00
1,436.78
408.38 .
302.39
55.00 .
47.28
5,344:63 .
86.20
4,482.50
2,050.00
220.36'
982.45
75.00
AGENDA ITEM NO. ~
PAGE .5 OF s
SEPTEMBER 3.0. 2.005
CITY OF LAKE ELSINORE
CHECK# VENDOR NAME
83353 . MSA INLAND EMPIRE/DESERT CHAPTER
83354. NATIONAL PEN CORPORATION
83355 NELSON PAVING. INC.
83356 NEXTEL COMMUNICATIONS
83357 NATIONAL FIRE PROTECTION ASSOCIATION
83358 NORTH COUNTY TIMES
83359 ON-TRAX, INC.
83360 THE ORANGE COUNTY REGISTER
83361-83362 PETTY CASH
83363 PHD PENSKE LEASING
83364 . PITNEY BOWES PURCHASE POWER
83365 POSITIVE PROMOTIONS
83366 POWERLAND EQUIPMENT, INC.
83367 PREMIUM PALOMAR MT. SPRING WATER
83368 PRESENTA PLAQUE CORPORATION
83369 THE PRESS ENTERPRISE
83370 PRODUCTION VIDEO
83371-83374 PRUDENTIAL OVERALL SUPPLY
83375-83376 QUILL CORPORATION
83377 RAMSEY BACKFLOW & PLUMBING
83378 RANCHO REPROGRAPHICS, INC.
83379 REBEL RENTS, INC.
83380 RIGHTWAY
83381 RIVERSIDE COUNTY CLERK
83382 COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT
83383 COUNTY OR RIVERSIDE OFFICE OF THE AUDITOR-CONTROLLER
83384 COUNTY OF RIVERSIDE DEPARTMENT OF INFORMATION TECHNOLOGY
83385 COUNTY OF RIVERSIDE BOB DOYLE, SHERIFF
83386 ROCKY WELCH
83387 ROCKY WELCH
83388 DANNY O. RODRIGUEZ
83389 JESUS ROQUE
83390 SADDLEBACK MATERIALS COMPANY, INC.
83391 LESLIE SLEDGE
83392 DAVID S. SOLOMON
83393-83399 SOUTHERN CALIFORNIA EDISON CO.
83400 SPRINT
83401 STAPLES CREDIT PLAN
83402 STAUFFER'S LAWN EQUIPMENT
83403 PEGGY J. STORAASLI
83404 BOB STOVER, INC.
83405 SUCCESSFUL EVENTS FIW 2005
83406 SUDHAKER COMPANY INTERNATIONAL
83407 TARGET SPECIALTY PRODUCTS
83408 TEAM AUTOAID, INC.
83409 TEMECULA COPIERS
. 83410 TEXTRON FINANCIAL CORPORATION
83411 TICOR TITLE COMPANY
83412 TOP-LINE INDUSTRIAL, INC.
83413 TRUCK PARTS SUPPLY & ETC.
83414 UNION BANK OF CALIFORNIA
83415 UNITED PARCEL SERVICE
83416 VERDICON, INC.
WARRANT liST
10/4/2005 Warrant 092905
3 OF 4
SEPTEMBER 30, 2005
CITY OF LAKE ELSINORE
WARRANT LIST
/"""'.. CHECK#
[ '83417
83418
83419
83420
83421
83422
83423
83424
83425
83426
83427
83428
VENDOR NAME
AMOUNT
936.66
165.05
6,500.00
711.50
1,791.17
12,770.60
1,807.94
2,502.64
6,219.00
4,166.00
4,896.00
3,707.54
$ 565,182.80
43,573.02
108,820.76
$ 717,576.58
VERIZON CALIFORNIA, INC.
VERIZON ONLINE
VICTOR R. MARTINEZ TRUCKING
VILLAGE EQUIPMENT RENTALS, INC.
WAXIE SANITARY SUPPLY
WEST COAST ARBORISTS, INC.
WESTERN FARM SERVICE, INC.
WESTERN HIGHWAY PRODUCTS, INC.
WESTERN RIVERSIDE COUNCIL OF GOVERMENTS
WILCOX, MILLER & NELSON
WILLDAN
Z-BEST PAINT
TOTAL
PIE DATE:
PAYROLL TAXES
PAYROLL CASH
GRAND TOTAL
(\
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10/412005 Warrant 092905
40F 4
AGENDA ITEM NO. f2-.
PAGE ,.. OF <)
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CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. B.RADY,CITY MANAGER,
. OCTOBER 11, 2005
SUPPLEMENTAL LAW ENFORCEMENT
SERVICE FUND (SLESF) EXPENDURE PLAN
DATE:
SUBJECT:
BACKGROUND
The City has been receiving funding from theSLESEsince Fiscal Year
1998/1999. April, 2002, Senate Biil 823 amended the Government Code
Section 30061 and 30063 to require that"the City Council shall appropriate
existing and anticipated moneys exclusively to fund ,frontline municipal
police services, in accordance with written requests submitted by the Chief
of Police of that City or the Chief Administrator of the Law Enforcement
Agency that provides police services for that City".
DISCUSSION:
The appropriate forms have been completed as required by:the Riverside '
County Sheriff. These forms are submitted for the City Council's approval.
FISCAL IMPACT:
No Fiscal Impact on the City of Lake Elsinore.
ACENDA ITEM NO.
PACE \
"3
OF F5
REPORT TO CITY COUNCIL
DATE: OCTOBER 11,2005
PAGE #2
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RECOMMENDATION:
Staff recommends that the City Council approve the Supplemental Law
Enforcement Services Fund Expenditure Plan for 2005-2006 and authorize
staff to submit said information to the Riverside County Sheriff's
Department Grants Unit as required.
PREPARED BY:. D~.I .6iat!.l/ .
D~~ANALYST
MATTN. PRESSE. .
. DIRECTOR OF ADMINISTRATIVE SERVICES
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APPROVED FOR
AGENDA BY:.
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ACENDA ITEM NO._~ r-:"
PACE Q OF J
(lity o/1!aj;_E'E[6-in~tE
MEMORANDUM
,Police Department
, , . . 0 'It': qu i~ :U.I \\'1 ,;7'.,"\1.\
l!; \0 U; , l'i IX.: ii\il,
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CI: MSEP ,; '-:C~jj
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Date: September 27,2005
To: Bob Brady .
City Manager
. ~ ;j'.
'.';
From: Louis Fetherolf
Chief of Police .
Subject: Supplemental aw Enforcement Services Fund (SLESF) 2005/06
(\
Each year, the State SLESF provides funding for the purpose of supporting front line law
enforcement services in jurisdictions throughout California. In previous years, we have
used the money to fund personnel, much needed equipment and special programs of
benefit to our citizen's and our business community. In fiscal year 2004/2005 the funds
were used to help offset the cost of our Traffic Enforcement Program, other special
enforcement programs targeting problem areas within the city, and to purchase new radar
and video equipment for our traffic units.
I propose this year's funding be used in the following manner:
I. $50,000 - Salary and Benefits utilized to fund the following special programs:
a. COPSIPOPS street level drugs and other problem enforcement programs.
b. Gang enforcement.
c. Traffic enforcement.
d. Downtown business district patrol.
e. Holiday high visibility patrol.
2.
$50,000 - Equipment to enhance lake operations and special enforcement
programs, teams and staff to combat prostitution, gangs, drugs, and other criminal
(\
.' ACENOA ITEM NO.3
333 Limited Avenue. Lake Elsinore, CA 92530 . Telephone, (909) 245-3300 PACE 3 OF S
enterprises that affect the quality of life in our community. The equipment will C.)
include, but not be limited to:
a.
Body wire and receiving/recording unit.
b. Digital audio/visual recording devices.
d. Tactical equipment.
e. Marine equipment.
f Miscellaneous support equipment.
"'.
Inasmuch as the State requires the City council to approve the spending 'plan, I request
this be placed on the City Council agenda for the October 11.1h meeting. . .
CC: Matt Pressey, Finance Director
( .."
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ACENDA ITE~ ~o._3
. . PACE~OF ~
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City of Lake Elsinore
Supplemental Law Enforcement Services Fund
Expenditure Plan
2005-2006
Beginning Fund Balance
Current Year Allocation
Exnenditures Planned
Salaries and Benefits
Services and Supplies
Equipment
Administrative Overhead
Total Planned Expenditures
(\ *Refer to Chief of Holice
Date approved by the
City Council:
$100,000
S100..000
*$50,000
!il
*$50,000
!il
$100,000
Memorandum 1;.0 City Manager for expenditure details'.
October 11, 2005
The City Manager hereby certifies that the Supplemental Law Enforcement Services Plan was
submitted to the City Council and approved as listed.
City Manager
Date
Please provide the name of a contact person if there are any questions:
Diane Block
Name
(\
(951) 674-3124, ext. 211
Telephone
Riverside County SLESF Oversight Committee
September 12, 2005
City 2006 expenditure plan.xls
AGENDA ITEM NO.
PAGE 5
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CITY OF LAKE ELSINORE
> -. ~
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER"
DATE:
OCTOBER 11, 2005
\:
SUBJECT:
NOTICE OF COMPLETION FOR TRAFFIC SIGNAL AT
GRAND A VENUE AND BROADWAY AVENUE
BACKGROUND
\
Traffic studies were conducted in this area and the warrant for a traffic signal 'was,
met for the intersection of Grand Avenue' and Broadway Avenue. On October 26,
2004 the City Council directed staff to proceed with the design and construction of
a signal at this location. Plans were completed and a request for construction bids
was advertised. Sierra Pacific was awarded the construction project on February
28' 2005 and completed the work in late August. Staff has inspected the
, construction and evaluated the operations of the signal and find it incompliance
with the approved plans and specifications.
DISCUSSION
After final inspection induding an operational test,' Engineering and Inspection
Staff have deemed the project complete.
FISCAL IMPACT
The budget for this project was $161,423.56 for construction, inspection and
administration. Funds were derived from Traffic Safety and Improvement Funds.
Total costs for design, construction, inspection, contract administration are:
$160,176.16. Adequate funds were available for this project.
NMHJA ITEM NO. 'd
PAGE \ OF '2-
REPORT TO COUNCIL
OCTOBER I I, 2005
PAGE 2
RECOMMENDATION
u
That the City Council authorizes the Mayor to execute the Notice of Completion
and have the City Clerk file the document for recordation. -
PREPARED BY:
David S. Solomon, Associate Civil Engineer
REVIEWED BY:
Ken Seumalo, City Engineer _ /(.A'5
APPROVED FOR
AGENDA BY:, .
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AOEHJA ITEM NO......1..-
'" PAGe 2. OF 2
(\
(1
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TO:
FROM:'.
DATE:
SUBJECT:
BACKGROUND
CITY OF LAKE ELSINORE'
REPORT TO THE CITY COUNCIL
MAYOR AND CITY COUN<;:IL
,',
. ,
ROBERT A. BRADY, CITY MANAGER i
., . i ~
OCTOBER 11,2005' ,
CONSTRUCTION CONTRACT BID OPENING FOR
INTERIM 1-15/ RAILROAD CANYON ROAD
INTERCHANGE
',.
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Staff has been processin'g interim desigN improvements with CALTRANS since
May 2004. The City has received plans approval and encroachment permit from
CALTRANS. Currently 37,000 cars use this interchange daily and substantial
future traffic increases are anticipated. The improvements will occur in two stages.
First are interim improvements that will improve existing and near future traffic
flows. Plans for ultimate imi}rovementsare currently being studied in 'coordination
with CAL TRANS. '
DISCUSSION
1.
~ ,(,
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After a 30-day advertisement period, bids were scheduled to be opened on October
4,2005 at 2:00 p.m. The City did not receive'anybids from qualified companies.
Discussions with other cities ha:ve led staff to speculate that construction material
availability and costs are impacting the ability of the contractor to respond to the
project call.
5
AGENJA ITEM NO. .
. PACE \ OF 1-.
REPORT TO CITY COUNCIL.
OCTOBER II, 2005
PAGE 2
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FISCAL IMPACT
Fiscal Year 2005/ 2006 Capitol Improvement Budget allocated $1,400,000 for
Interim 1-15/ Railroad Canyon Road Interchange. The funding sources are Traffic
Impact Fees $86,870 and Railroad Canyon Benefit Assessl!lent for $1,150,000 and
Developer Contributions for $163,130 for a total of$I,400;000.
"
RECOMMENDATION
"
It is recommended that the City Council direct staff to re-advertise Interim 1-15/
Railroad Canyon Road construction project for an additional thirty days with the
hope that material supplies and costs will settle down. Bids are proposed to be
opened on N9V. 14th withthe results presented for Council at the Nov. 22nd
regularly scheduled meeting. , ~ U
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PREPARED BY:
David S. Solomon, Associate Civil Engineer
. '. . " . ' " '.
Ken Seumalo, City Engineer ~
REVIEWED BY:
APPROVED FOR
AGENDA BY:
u
AGEl\DA ITEM NO.
, . PAGE '2. OF
'::>
Q.,
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TO:
FROM:
DATE:
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
MAYOR AND CITY COUNCIL
BOB BRADY, CITY MANAGER
OCTOBER 11, 2005
SUBJECT: DISPOSAL OF SURPLUS ELECTRONICS AS SCRAP
BACKGROUND
The electronic devices below are submitted for declaration as surplus equipment to
be scrapped as e-waste because they are no longer working or repairable.
n
Item
1.
2.
3.
4.
5.
6.
7.
Descri tion
Samsun 17" Monitor
Trinitron 15" Monitor
HP DeskJet 672C Printer
o ti uest 15" Monitor
Com a Armada l700La to
Com a Armada 1750 La to
Com a Armada 1750 La to
Serial No.
A l7H8UT110711 T
4035504
US863l WI CH
5D8080I737
3J93CB27X802
IJ92CFQ8S206
3J94CFQ5X27E
DISCUSSION
Computer and electronic equipment becomes surplus material due to obsolescence,
wear, or when cost of repair exceeds value. The Purchasing Officer can arrange for
disposal of scrap surplus equipment per section 3.12.035 of the Municipal Code,
provided the City Council is notified 30 days in advance of the property to be
scrapped.
FISCAL IMPACT
None.
RECOMMENDATION
Approve disposal of surplus electronic equipment to be scrapped as e-waste.
PREPARED BY: MARK DENNIS, INFO./COMMUNICATIONS MANAGER
APPROVED FOR
AGENDA BY:
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AGENDA ITEM NO. Co
PAGE \L
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
OCTOBER 11, 2005
SUBJECT:
CLAIMS AGAINST THE CITY
BACKGROUND
c'
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.
The following claims have been recommended fOJ:rejection by Carl Warren &
Company: "
CL#2005-26 - Lawrence Gernstner. .'
CL#2005-27 - Terrence D, Thielen
CL#2005-28 - Southern California Edison
. FISCAL IMPACT
None.
RECOMMENDATION
. ,
Reject the claims listed above and direct the City Clerk to send letters informing the
claimants of this deca V
PREPARED BY: :~
FREDERIC Y, CITY CLERK
APPROVED FOR
AGENDA LISTING:
R
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AGENDA ITEM NO.~
PACE-L-OF 2'2
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September 21, 2005
TO: The City of Lake Elsinore
ATTENTION: Frederick Ray, Risk Manager
RE:
Claim
Claimant
DlEvent .
Rec'd Y/Office
Our File '
Gernstner vs. The City of Lake Elsinore
Lawrence Gernstner
. I 4/29/2005
9/2/2005
S-392473-RWQ . i
.'
,.
! . - " '. .
We have. received and re~iewed the above claim and request that you take the action indicated below:
. ", .' .
CLAIM REJECTION: . Send a standard rejection letter to the claimant. .
Please provide'Us with a copy of the notice sent, as requested above. If you have any questions please
contact the undersigned.
u
Very truly yours,
CARL WARREN & COMPANY
cc: CJPIA w/enc.
Attn.: Executive Director
CARL WARREN & CO~,
CLAIMS MANAGEMENT CLAIMS ADJUSTERS
750 The -City Drive . Ste 400 . Orange, CA 92868
Mail: r.o. Box 25180 . $anm Ana; Ca 92799-5180
Phone: (714) 740-7999 Ext_ 140 . (800) 572-6900 '_Fa.'c (714) 740-9412
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AGENDA ITEM NO.
PAGE '2
4-
OF Q '2
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Cit!} of~akEE[~i~o7-E
, dtomE of tfn '.Diamond ~tadium '
September, 9, 2005
Dwight Kunz "
Carl Warren & Company
P,O. Box 25180'
Santa Ana CA 92799-5180
Dear Dwight:
Enclosed for your handling is a claim received oil September 02,
2005 from Lawrence Gemstner (CL#2005-26). Please keep me
advised of appropriate City Council Action.
n ~^ ~'- ,-
"
For further assistance, please contact me at (951) 674-3124 ex!.
~2'- ' . . '.., '
.,.
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,',', 'i
130 douth cMain dtHd, 1'akE C{,inOH, ('c.cft 92530 · 9dEphonc (909) 674-3124
ERIC Y, DEPUTY CITYCLERK
CITY OF LAKE ELSINORE
, ,
Enclosure
Cc:' City Manager
Finance "
, -c"-
."_'. r'"
'3ax: (909) 674-2392
ACENDA ITEM NO. -=t-
PACE 3 OF? '1_
ELLEN HAMMILL ELLISON (Bar No. 141429)
3435 Wilshire Boulevard #2900
Los Angeles,CA 90010
(213) 3365-8225
o ~cg~n'Vl\l ~
~ SEP [j 10n5 ~
C\TY CLERKS OFF\CE
Attorney for Claimants
LAWRENCE GERNSTNER
Claimants,
)
)
)
)
)
)
)
)
)
)
. . ,)
)
~ ,,.,
CLAIM FOR DAMAGES.
California Government Code
!i910 e,t. seq.
vs.
CITY OF LAKE ELSINORE AND ITS
POLICE DEPARTMENT and RIVERSIDE
COUNTY AND ITS SHERIFF'S
DEPARTMENT
Claimant(s) hereby make a claim against ,the CITY OF LAKE
ELSINORE and COUNTY OF RIVERSIDE Pursuant to Goverrtment Code
Section 910, et. seq.
(a) Claimants: LAWRENCE GERNSTNER
(b) Notices concerning this claim are to be sent to: Ellen
. .
Ellison, Law Offices of Ellel? Ellison, 3435 Wilshire'Boulevard,
Suite 2900, Los Angeles, California 90010, (213) 36S-si2S.
(c) Date, location of incident, facts of the incident and
claim: On April 29, 2005 at 23335 CasaBonia in Quail Valley, CA
in the City of Lake Elsinore, unknown Lake Elsinore'police
officers and Riverside County Sheriff's deputies falsely arrested
and brutalized claimant by use of excessive force,
This claim is, made for depriva.tions of federal and state
, cfvii r::ights;excessive force, wrongful death, brutality, assault
and battery, conspiracy to obstruct justice, conspiracy to
, '~GENDA ITEM NO:
. .RAGE 4
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deprive civil rights, 'torts in essence via violations of
California Penal Code Sections 118 (Perjury), 118.1 (false crime
report by peace officer), 127 subornation of perjury, 148.5'
(false, report of crime),132 (offeringfa1se evidence)', 134
(preparation of false ,evidence) " CaliLGovt. Code Section 6204
, ,
". .'
(false police reports), ,and 42 U.S. ~1983, negligence, neglig:ent
. , ....,
employment of peace officers, .negligent retention and sllpervision'
and training, of peace, officers;, intentional and negligent
infliction of emotional distress; official customs, policies, and
,practices of the entities and their police' to ignore 'and cover
up police misconduct, failure to impartially investigate such
claims in accordance with acceptable law enforcement standards,
n
tacit condonation of and approval of pOlice offiqer illegality,
brutality, corruption, dishonesty, a peace officer's.qode of
silence, failure to report known incidents of police misconduct
to the California Department of Justice, failure to~maintaln
necessary ,and reasonable peace officer personnel records
correlating misconduct to personnel perfOl;mance reyiews. Claims
are also made herein under the California Civil Code ~~52.1 and'
51.7.
Claims are against the-entities and their police departments
and officers whose identities are known and unknown at this time
for the acts described above.
DATED: August 24, 2005
LAW OFFICES OF ELLEN HAMMILL~LLISON
~J~~
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ACENDA ITEM NO. ' -=r
. t\=,2_0F 7-'7
PROOF OF SERVICE BY MAIL 1013.a, 2015.5 C.C.P.
STATE OF CALIFORNIA
, ('
COUNTY OF LOS ANGELES
I am employed in the aforesaid county, State of California;
I am over eighteen years of age and not a party to the within
action; my business address is 3435 Wilshire Blvd., Ste. 2900,
Los Angeles, California, 90010.
On the date below I served the foregoing
CLAIM' FOR DAMAGES BY LAWRENCE GERSTNER PURSUANT TO
CALIFORNIA GOVERNMENT CODE !i910 et. seq. _
on the interested parties in this action by placing a true copy
thereof, enclosed in a sealed envelope with postage thereon fully
prepaid, in the United States mail at Los Angeles, California,
addressed as follows: ' ,
CLERK OF THE ~ITY OF LAKE ELSINORE
CITY HALL
ATTN: Tort Claims
130 S. Main St.,
Lake Elsinore, CA 92530
.' ;
Clerk of the BOARD OF SUPERVISORS
COUNTY OF RIVERSIDE
ATTN: Tort Claims
4()80 Lemon 'Street
Riverside, CA :92501
FEDERAL: I declare that I am employed in the office ofa me~er
of the bar of this court' at whose direction the service was made.
I dt;clart; under penalty of.per~ury of the ,laws of the s.,t.a]e, of' ,
ca, 11 forma , that the foreg01ng a true anJ/ll;;/ti{t 0t/1 {l~
DATED: Auqust 24. 2005 ~~ l
Ellen Hammill Ellison '
,
ACENDA ITEM NO.
PAGE ( 0
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September 21, 2005
TO: The City of Lake Elsinore
ATTENTION: Frederick Ray, Risk Manager
'," ,
RE: Claim
Claimant
D/Event
Rec'd Y/Otlice
Our File
Thielen vs: The City' Of Lake Elsinore
Terrence Thielen
3/11!2005
8/23/2005
S-~9247?-CI(Q,i
. . - " ( ",', ". .' " . .
We have received and reviewed'the above claim and request-that you take the a~tion indicated below:
CLAIM REJECTION: Send a standard rejection letter to the claimant:
;...." ;
Please provide us with a copy of the notice sent, as requested above. If you have any questions please
contact the undersigned, .
, ,
Very truly yours,
cc: CJPIA w/enc.
Attn.: Executive Director
CARL WARREN & CO.
CLAIMS MANAGEMENT CLAIMS ADJUSTERS
750 The City Drive' Ste 400 - Orange, CA 92868
Mail: P_O-Box25180-SanbAna.Ca 92799-5180
.Phone; (714) 740-7999 Ext. 140 . (800) 572-6900.; ~ax: (714) 740-9:U2
AGENDA IrEM NO.
PACE. ~
'-=:\ ..
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OF f)?
City of1!akE E[1-i~o7-E
cJfomE of thE fJJiamond d)tadium
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September, 9, 2005
Dwight Kunz~,
Carl Warren & Company
P.O. Box 25180
Santa Ana CA 92799-5180
1: ;;,
Dear Dwight:
Enclosed for yourharidling'is a: claim received on August 23,2005
from Terrence D.Thielen (CL #2005-27). Please keep me advised
., of appropriate City Cotiricil Action. . , .
For further assistance, please contact me at (951) 674-3'124 ext.
262. , . '.:,~ . .''',
u
Sincerely,
~~
~
'CITY OF L~
Y, DEPUTY CITY CLERK
E ELSINORE
Enclosure
Cc: City Manager
Finance
u
130 aou/h .dI1ain a/tEd. ..1!af" EI'inou, Cell- 92530 . 'JdEph'onE: (909)674' 31247ax: (909) 674 .2392
, . . . ACENDA ITEM NO. 4-
PACE P,.) OF ?.. Q
HU.; ".:;' 'eo Ib.lb.." u''i'ur, UiKl::loLSll'ilJ'-<to~I:"(4"~"" TO '1'(607447735" P~02/03' ','
(\,
CLAIM AGAINST THE CITY OF LAKE ELSINORE
(For Diima~ to Persons or Pei1lOilal Property)
,t-,.',
R~br...~..
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, "i/:2~~5", '
<Thn~~ Re\:eived)
A claim _ be filed wilb tlle Crt Clerl< Of" ciy of Lake EisUlcn, within six (6) 1DOilth. after tbe lncid8llt ore Mm
ocaJIlld Be aurejourdaim i. ogaiasl tbcCity ofI..ab'E1siixn-e.!IOt 800Iher pIlbIic 8iility. Wbcre spllC$is insufficiC!lll.
~ use additional paper lIlId ideolUy ilIformalkm by pcaaraph tIUlDi>es' Campleiedclaims uaist be n1ailed or delivered to
the City Ckrk, City ofLake1llsinore, 130 SouIh ~ll Stttct, Lab E1sin<>re, Califumia, 92530:'
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TO THE HONORABLE MAYOR AND Cf!'Y COUNCIL, ClTYOF LAKE ELSiNO~ CALIFORNIA:
The undersigned .~J\y $Ibmils !he following clam and infunnalion relative 10 damage to pen;oiIS and/or penana1
~ " '
J. NAMEOF~"~ r-f'41 C--e 'D. -rt.. ~~f.e;.......) ,
.. AddressofClsillWlt l s-~r" La, [q s,1,"\. ~ r.
b. FborJe~o.(7tdtflo~Stf.ll c.,, DateofBirth/2-!/I/?:z.....
. -. [ .
n ' d. SociaISecurityNo.~ e.DriveBLic.N
3. .
_ Name, post ofli<ie'addrllSSiIlld tdephoili to w1Dob ciai.milllt desires ~ces to be seat; if oWe;- than !he ~-e:
fllA-rJ(. (oIPA-C-fAI/.f.' 'it'n GJ. S4nff;l:t/Lu. f5.0J.>S:-'1/f1!1a.,r:,s;- ,
0I=rreDce or trim fi'om wllidl thi!l claim ~seo: " ' , ' ' c..A-C1 ;2,..>7 g-
a.' Date ,3!/r/OS--: 'b. TUne U/1t::.nown "
c. p~(E><actalllrajlecificJocatioa) 170 ~ 7 " ula'ShaTe. 0,a.K,.p .
'Lqk Z.15r /la-a;,' LA- .192-';;30 ((1tttl, 3'?<a. ~ocO~o)
d" , How lUld uOOe:r wbat cira11lUl1an<leS did damage or iDjUJy 0CI:lIi'I Sp€cl1Y too paoic;ulif --.-ence. event.
act or 0Illissi0n you claim caused the .7 or damage (use additiooaI paper if ~)"
~l~ 'f.e~;ve-.i- Ci4"~f/rJr;' c1qck-G:R1V~~
(.J1~dT ~..P."1i;.e "e---r---du~ pJ'DCL.S<::'r , "
2..
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e, wliat pani<:lllar ac.tiool by tbc Clly ofils employees. "",,"$ed tbc al~ 'dam2ge or iiljuiy? '
~oV<z-1 '6 ,CjcH'rn~" k cLc.-KO tJ0
m ()/1cf." II / -?oo s---
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AGENDA ITEM NO.
PAGE q
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OF ??
R!.fi 23 '05 16:16 FR CITY OF U1KE aSINrnE909 674.2392 TO 17607447739
p.03/03 .
4.
Werethcreany in~atthetimeofthisaccident? Hoot, ~ "No UiJUri....
IUD ~h<-1S.do. ( 60)_' I~
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rill ~l~. Q..
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Gj,,, tile ilaro<:(s) of tile City e:mpioyee(s) <llUSing the damage or inju.-y:
fq-t /(,l O'L; /)lJlLC~i Ld~~qrl~ 11Lo,qf,'( ~..
Nameandllddimof~pe;i<Hl~ '. R- t?9ov-r-c..Ls, ../Gi--;'+~ ( . .
~enV1e.L. l)', -n.:e-l.e/j. /70'37. LcrKe. <:;~ DTt'-"€
I . .
Name..'>cIaddrenoftbeowocrofany".....grd l"~: LA K..C ~. (S" rz =-re... i CA 7'2.<>30
. <;' &i h'U....- ti S Ja
6.
7.
Dimlages claimed:
a. Amounldaimedasofthisda1e $ 17, 75V
b. . Eslimated lllIlOIlIIl of fiJIure toslS . $ .~ 0 0 r ). .
c. TolllIlllIlOIlIIlclai1J1<(i' '.' $ '7 z- 7. '\7) .
d. Basis li;Jr computation of ~ claimed (J1IcllKle copies of ..11 bill&, invok:es. estimates, etc):
J"~~ (<pI<<<~=~ffo,k./.), . (O<>'rr~
9. ~'Nb'''' "'~aU~bospital.;~flLV .q~~-""
. '~l S'~ " 'Loo-" '7"" 7 U: Ie' 5~ lY. I t"..!c;};::~ <.)
b.'}" . prtid~ / 7<6'ilt, tA14..S~ Dr. {(
8.
c.
10. A11y addi1i<mal infusn>srion that migbt be beIpful in considering this ciaitit:
a~ Phofif,' c!. ~kr?Vt;q q
WAiOONG: IT IS A CRlMiNAL 0i'FEI'I-sE TO FiLE A FALSE CLAIMl
(Pen8I code r~ Code 556.1)
1 have read the matters.oo --..-le in tbe &bow c1aim and I \mow the - to be true of my ownJmowledge, e:;upt
as 10 tIloselllllll1n -e npoIl WfurnlaIiou or belief as 10 sucl1_"':' I bell..... the ...... to be true. I certify uDd.. puWty of
JieIjmy that tbe lb......... ;"TRUE AND CORRECT. ~. If / ),Are-<r1
SI<lNIID TInS ,St:/JIt~ "DAY Of (J j T f'V'" - / CALlFORNIA
CLAlMANT'S
SIGNATURE:
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.AC~'~
P!l.CE '11.') OF ') '2
PROPOSAL
~.-- .
PROPOSAL 00_
. (os- ~)
SHEET NO.
(I
DATE-
PROPOSAL SUBMITTED TO:
NAME
WORK TO BE PERFORMED AT:
ADDRESS
?
tJZo
All material is guaranteed to be as specified, and the above work to be perlormed in accordance with the drawings and specifications
submitted for abovewor1<, and compteted ina s siantial ~orkmanlike m ne for the sum of .At?~~---'VL
. .. . ~
-Dollars ($ / -;;: '7 <..5Z1 - )
with payments to be made as follows:
Respectfully submi<<ed
Any alteration or deviation from above spectlicatioos involving extra costs
win be executed amy upon written on:Ier, and will become an extra charge
over and above the estimate. All agreements contingent upon strikes, ac-
cidents. or delays beyond our COlltroJ.
Note - This proposal may be withdrawn
by us if not accepted within~days.
ACCEPTANCE OF PROPOSAL
The above prices. specifications and conditions are satisfactory and are hereby ~epted.
as specified. Payments will be made as outlined above. / /
You are authorized to do the. work
(I
Dale
EXHIBIT I
AGENDA ITEM NO. '-=t
PAGE \ \ OF 2 '2.
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EXHIBIT ..7---:
AGENDA ITEM NO. .~
PACE \ '2 OF 2 '2
City ol..i3akEE[1i}io~E
"DuC'0'" 'got c:!/i{ou"
March 3, 2005
Terry Thielen
1561 La Casita Drive'
San Marcos, CA 92078-4723
NOTICE TO ABATE HAZARDOUS DOCK
Dear Mr. Thielen,
. Notice is hereby given that the City ofLakeElsmore considers the 'current condition of your
dock to be a hazard to the health, safetY and welfare of the general public utilizing Lake Elsinore.
This is based on the dilapidated condition of your dock and the distance of your dock from the
existing shoreline. According to the County Assessor's Records, you are listed as the owner of
the underlying property (APN375250020). .
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, In order to protect the p~blic 'from this hazardous condition, you must remove the 'dock no later
than March I I. 2005. '
Your failure to abate the hazardous condition of your, dock by Mm-ch 1 I. 2005 will result in the
City of Lake Elsinore exercising its police powers to abate this hazardous condition to protect
recreational lake users. ,,' ,; ,
IN LIGHT OF THE RISK TO THE PUBLIC FROM TillS CONDITION, THIS IS THE
FINAL AND ONLY NOTICE.
Sincerely, '
"
,a~~
/0 <q .-CZ--'
Pat Kilroy, Director
Lake and Aquatic Resources Department
(951) 674-7730
cc. Bob Brady, City Manager
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130 douth cMain dtm.t, 1ia&., ClUnou, Cd! '92530 'Jd..ph~'2E; (909) 674-;124 9ax: /;09 i 674-23~2
'- WW(".lakc.-E-~ino'tE-.o'i.g' ,
EXHIBIT '7
AGENDA ITEM NO.
, PAGE l?:,
'4
OF ? '?
21
GERACI & LOPEZ
ATTORNEYS AT LAW
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Alan L. Geraci. APLC
March II,2005
Sellt by facsimile (909)674-2392 aod first class mail
Pat Kilroy, Director
City of Lake Elsinore
Lake and Aquatic Resource Department
130 South Main Street .
Lake Elisnore, CA 92530
Re: APN 375250020
17937 uikeshore Drive, uike Elsinore
Terry Thielen .'
'. .
Dear Mr. Kilroy:
We have been asked to review your Notice to Abate Hazardous Dock, dated March 3, i005.
Mr. Thi~len received this Notice on March 10,2005. " '
Mr., Thielen and his crew worked on the dock on March 5, .6 and 7 to make the necessary
repairs and added two long poles aDd floats; This makes a total Of six poles securing the dock to the
lake's bottom. These repairs have made the dock safe and not 'dilapidated' or 'hazardous' as stated
in your Notice. The dock is secured by two cables to the shoring line to hold it in place.
u
Mr. Thielen does have a City of Lake Elsinore permit for the dock. His property line does
extend out ZOOJeet from the end of the dock. The shore portiori of the dock was placed at elevation
1265 feet above sea level which was to be the maximum height ofthe Lake. Contrary to this
representation, the City has allowed the level to exceed the 1265 feet elevation. Although the recent
storms have caused the dock to appear away from the shore line, we are confident that nature will
correct this condition relatively soon.
Thank you for your anticipated cooperation. Please feel free to call with any questions or
comments you have.
Kindest Regards,
If~ clAPL:
of GERACI & LOPEZ .
::;,'
EXHIBITL
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Phone: 619.231.3131
Fax: 619.374.1911
EAe~~Dl}t~~~~n&eraci.~
PI\.CE_.a OF 'Z. r')
:t1T,,~ '\1tvaCh
817 W. S<:ln ar s V . ,
San Marcos, CA 92078
www.alangeraci.com
(\~
September 21, 2005
TO: The City of Lake .Elsinore
ATTENTION: Frederick Ray; Risk Manager
RE:.
.Claim
Claimant
D/Event
Rec'd Y/Office
Our File
So. Cal Edison vs. The City of Lake Elsinore.
-.J
SO. Cal Edison
3/1412005
9/6/2005 . .
S-392480-CK,Q.
We have received and reviewed the above claim'and requllst that you take the action indicated below:
CLAIM REJECTION: Send a standard rejection letter to the claimant.
('1
. . .
Please provide us with a copy of the notice sent, as requested above. . If you have any questions'please
contact the undersigned. ..,. .
'1,.-.;'
Very truly yours, .
CARL WARREN & COMPANY
cc: CJPlA w/enc.
Attn.: Executive Director
.'
('1
CARL WARREN & (:0.
CLAIMS MANAGEMENT CLAIMS ADJUSTERS
750 The City Drive - Ste 400 . Omngc:, CA 92868 ".' .
Mail: P.O.Box25180-SantaAna.Ca 92799-5180
. Phone: (714) 740-7999 Ext. 140 . (800) 572-6900," :~~: (714) 740-941~
ACENDA ITEM NO.
. PACEJ 5
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GOVERNMENT AL ENTITY PRELIMINARY REPORT
DATE:
CLAIMANT:
FILE NO:
9/22/05
So~ Cal. Edison
1392480
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Cb
(:~
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DIEVENT: 3/14/05
FILING DATE: 9/6/05
. SIX MOS.: YES
PRINCIP ALlCITY: CJPWCity of Lake Elsinore.
RECOMMENDED ACTION ON CLAIM: ,Send a 'standard rejection letter ,to the
claimant.
FACTS: The claimant alleges their property was damaged during excavation.
. .
POSSIBLE CO-DEFENDANTS:'DBX, Inc.
EVALUATION: Pending.
,>. ';', .,'
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RESERVES
1. $IOK
TYPE 'OF cLAIM
LPD'
AMOUNT
$20K
COMMENTIWORK TO BE COMPLETED: Obtain contract\llll documents from city.
. .". ~:".:
Tender to DBX, Inc. for handling. /" .
Very Truly Yours,
CARL WARREN & CO.
4~
Chris Kustra
~c: Frederick Ray, The City of Lake Elsinore
cc: CJPIA - Attention: Executive Director
CARL WARREN & CO.
CLAIMS MANAGEMENT-CLAIMS ADJUSTERS'
750 The City Drive. Ste 400 . Orange. CA 92868
Mail: P.O. Box25180. Santa Ana. Ca 92799~~180 .
Phone: (7.14)740-7999' (800) 572-6900. Fax: (714) 740-9412
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AGENDA ITEM NO.~
PAGE -1i.(L OF ? f"2-.
{lity of~akE E[~in.o~E
. . dforru of the 'bianwnd atadium
September, 13, 2005
Dwight Kunz
Carl Warren & Company
P.O. Box 25180
Santa AnaCA 92799-5180
Dear Dwight:
Enclosed for your handling is a claim received on September 6,
2005 from Southern California Edison (CL #2005-28). Please
keep me advised of appropriate City Council Action:
(\
For further assistance, please contact meat (951)674-3124 ext:
262.
.'-j,
Sincerebv, : " ,
!2 oj
~ERICLy, DEE!ITY CITY C[~ERK'
CITY OF LAKE ELSINORE
; - ~ ' . .
," ~
Enclosure
Cc: City Manager .
Finance .
"
(\
130 ~outh cMain atnet. J:akE El.ino<e, (!cJf 92530 · 0~le~hone; (~09) 674-3124 'Jax;; (909) 674~2392
ACEN!'l4 ITEM NO. -:+
J:=-t OF. ? '2
f] EDisoN
An EDISON INTERNA 110NAL Company
'1_'
August 29, 2005
200502468
DBX Construction
CERTIFIED MAIL
CITY OF LAKE ELSINORE
ATIENTION: CITY CLERK
130 S MAIN ST
LAKE ELSINORE, CA 92530
Reference:
Date of Occurrence:
Location:
March 14, 2005 c> '
. Canyon Hills Fire Station.
Elsinore, CA
200502468
Our File No:
Ladies and Gentlemen:
Maria E. Arredondo.
Claims Representative
fn1 (),
~r~:rpI1M~
l:::.:>'= .
. SEP 0 \) 20D5 J
CITY CLERKS OFFICE
. .'
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Enclosed is our Claim Against a Governmental Agency in the estimated amount of
$20,000.00. When our actual costs are known, this claim will be amended.
, .
Ifadditional forms are required for a claim of this nature, please forward copies, to my
. attention, in the enclosed return envelope;: Please reference. our me number, 200502468,
on all correspondence. .,
Sincerely,
~
Maria E. Arredondo
Enclosure
cc DBX, Inc. .
42066 Avenida Alvarado, Ste C
Temecula, CA 92590
u
PD. Box 900 2244 Walnut Grove Ave. Rosemead, California 91770
(626)302-1974 Fax (626) 569-2573
ACH'''l\ ITEM NO. --=l-
.\BL-OF '/ ')
El' EDIsORN
An EOlSON INTERNATIONAL Company .
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Our File No. 200502468
CLAIM AGAINST A GOVERNMENTAL AGENCY
The Southern California Edison Company, a corporation, is hereby presenting its claim for;damagelloss
to City Of Lake Elsinore. ' . .
Date of occurrence/discovery
March 14,2005
1.
2.
3.
Location of occurrence
Canyon Hills Fire Station Elsiliore
Underground Damage - Dig In-
Unknown employees of DBX Inc. while working for and i:i1 the
direction of the City of Leke Elsinore contacted aQd damaged
Southern CaJifornia Edison's underground electrical facilities during
excavati':lg activities. '
,
Amount or estimate of damage/loss
Name and address (if known) of public
empioyee or agency causing damage
''i,''
Cause of damagelloss
4.
5.
$20,000.00
N/A
All correspondence in reQllrd to this claim should be addressed to: Southern California Edison
,...-.,. Comoanv (Claims Departmentl. P.O. Box 900. Rosemead. California 91770. Attention: Maria E.
( ~rredondo .
. ' .
, . .
VERIFICATION AND CERTIFICATION
State of California, County of Los Angeles (ss.) Marla
E. Arredondo, being by me duly sworn, d!!POs~ ,and
says: that he/she is a Claims Representative for
Southern California Edison Company, a corporation,
claimant; that he/she has read the foregoing
claim and knows the contents thereof; and that the
same is true and correct of hiSlher own, knowledge,
except as to the matters which are therein stated upon
hisJher Information or beliet, and as to those matters
that he/she believes to be true.
UEa~oab\~
Claimant's Signature
n
P.O. Box 900 2244 Walnut Gt-ove Ave.' RoSemead, C;.ufornia,91770
(626)302-1974, Fax (626) 569-2573
AGENDA ITEM NO.. "i-
PAGEjot._OF ? ')
E] ri5isoN
An EDISON INTERNATIONAL Company
U
STATEMENT
'. August 29, 2005
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2005.02468"
CITY OF LAKE ELSINORE
ATTENTION: CITY CLERK
130 S MAINST
LAKE ELSINORE,CA 92530
Cost to repair and/or replace facilities damaged on March 14, 2005; located at Canyon
Hills Fire Station Elsinore, California.
:U
Estimated cost:
'$20,000.00
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P.O. Box 900. 2244 Walnut GTove Ave. Rooemead, California 91770
(626)302-1974
F~.(li2.Q1569-2573 ..' :l.. . '.
P,GENOA ITEM NO.~
. PACE ?n OF '2 '7 '
OCARS Pro Ticket Inquiry
Page I nfl
USA SOUTH OF CALIFORNIA ONE CALL CENTER
n
Ticket : A000350440..Date: 02/04/2005 '.Time: 09:59AM Oper: RIA Chan: 100 NEW GRID.
Old Tkt: A000350440 Date: 02/04/2005 -Time: 09:59AM Opec: RIA Rev' .OOA
State: CA County: RIVERSIDE Place: LAKE ELSINORE
. Address: RAILROAD CANYON RD
X/ST: CANYON HILLS DR
Locat: WORIaNG AT THE.NEW F:tRE STATION LOC ON RAILROAD CANYON RD APPROX
1000n S/OF CANYON HILLS .DR/COTroNWOOD HILLS DR, FRM THE F:tRE SnUON
EN'lRANCE CONT H/FOR APPROX 500FT ON THE W/SIDE OF RAJ:LROAD CANYON RD,
ALSO FRM THE FIRE STATION. ENTRANCE ON THE E/SIDE OF RAZ~ !lOAD CANYON
RD CONT S/FOR APPROX 500FT, . ALSO CROSSING RAILROAD CANYON RD FRM S!E
COR OF THE ENTRANCE TO THE W/SIDE OF ST, ALSO FRM THE S/E COR OF.
ENTRANcE CROSSING THE ENTRANCE TO N/E COR , FRM H/E COR OF EIlTRllNi:E ON
E/SIDE OJ!' RAILROAD CANYON RD CONTN/FOR APPROX 100FT- (MARK ENT:tRE
:tN'ttRS RADIUS)
Grids: 0867C054
Work: BORtNG TO INSTALL TRAFFIC SIGNALS Delineatect:y
Work date: 02/08/2005 Time: 09:49AM Hrs note: 47 prty: SURr
Instruct: ~ BY Permit : NOT REQOXRED
Done for: C/OF LAKE ELSINORE
Company : 0 B X INC
Address : 42066 AVENIDA ALVARADO STE
City: TEHECULA
Phone: 951-296-9909 EKt:
FaK: 951-296-9978
Email:
Formn: CHARLES PERRY Phone: 909-721-4028 EKt:
Time of call: 02/04/05 09:44:55
Caller: !<EN
C
State: CA Zip:
Call Back: 8-4:30
.
92590-
..)
EHW01 EVW37 SCGlMUR-.Ucc:cLKEUQSTSO USCE77 UVZMENIF UVZPERS
Submitted date: 02/04/2005 Time:'09:59AM Replace by:'03/04/2005
n
http://usasalocarsIappslticketsearchbody.asp?id=3856421
. c 3/23/2005
M!:NOA ITEM NO. 3:.
PAGE 2.1 OF 7?...
OCARS Pro Tickellnquiry
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USA SOUTH OF CALIFORNIA ONE CALL CENTER
Page I of I
Ticket : A000350440 Date: 03/01/2005 Time: 10:25AM Oper: SHE Chan: 200 UPOT GRID _
Old Tkt: A000350440 Date: 02/04/2005 Time: 09:59AM Oper: RIA Rev: 01A
State: CA County: RIVERSIDE Place: LAKE ELSINORE
Address: RAILROAD CANYON RD
X/ST:. CANYON HILLS DR
Loeat: WORKING AT THE NEW FIRE STATION LOC ON RAILROAD CANYON RD Al'PROX
1000FT S/OF CANYON HILLS DR/COTTONliOOD HILLS DR , FIlM THE FIRE STATION
ENTRANCE CONT N/roR APPROX 500FT ON THE W/SIDE OF RAILROlID CANYON RD,
ALSO FIlM THE FIRE STATION ENTRANCE ON THE E/SIDE OF RAIL ROAD CANYON
RD CONT S/roR' APPROX 500FT, ALSO CROSSING RAILROlID CANYON RD FIlM S/E
COR OF THE ENTRANCE TO THE W/SIDE OF ST, ALSO FIlM THE S/E COR OF
ENTRANCE CROSSING THE ENTRANCE TO N/E COR , FIlM N/E COR OF ENTRANCE ON
E/SIDE OF RAILROAD CANYON RD CONT N/roR APPROX 100Fr- (HIIRK ENTIRE
IN'rERS RADIUS) ,
Grids: 0867C054
Work: BORING TO INSTALL TRAFFIC SIGNALS 'Delineated: Y
Work date: 03/01/2005 Time: 10:25AM Hrs note: 1 prty: NORM
Instruct: WORK CONTLNUING Permit NOT REQUIRED
Done for: C/OFLAKE ELSINORE
Company : D B X INC
Address : 42066 AVENIDA ALVARADO STE
City: mMECULA
Phone: 951-296-9909 Ext:
Fax: 951-296-9978
Email :
Forrnn: CHARLES PERRY Phone: 909-721-4028 Ext:
Time of call: 03/01/05 10:25:00
Caller: KEN
C
State:
Call Back:
CA Zip: 92590-
Remarks: **RESEND**UPDATE' ONLY-WORK CONT PER JIM PERRY-- [SHE -03/01/05 10:25J
Members: EHWOl EVW37 SCGlMUR u=KE UQSTSO UseE77 UVZMENIF UVZPERS
Submitted date: 03/01/2005 Time: 10:25AM Replace by: .03/29/2005
http://usasalocarslappslticketsearchbody.asp?id=3893045
3/23/2005
^f;I'NDA ITEM NO.
'DE '2 '2.. __OF
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CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
OCTOBER 11, 2005
SUBJECT:
CONSULTANT SELECTION FOR PREPARATION OF
PLANS, PROJECT REPORT, ENVIRONMENT,
DOCUMENTS FOR 1-15/ STATE ROUTE 74 ULTIMATE
INTERCHANGE. '
c.!
BACKGROUND
The freeway interchange at State Route 74 and 1-15 is in need of upgrading to meet
the traffic demands of the development in the area. This interchange is currently
experiencing congestion 'dliring the morning and afternoon commute. ' This
congestion is agrivated when the Temescal Canyon High School is in session.
< <
DISCUSSION
Request for Proposals were adyertised in the applicable trade publications as well
as the local news paper. <.In addition, five reputable consulting firms were '
contacted directly to submitproposals. Staff received five proposalsofwhich
three were selected to prepare fod: formal presentation for evaluation by the
ConsultantSelection Committee. On August 9, 2005, presentations were given 1y
the potential consultants and the Selection Committee scored each firm on depth of
knowledge ofCALTRANS procedures and their total understanding of the project.
Because of prior experience working in the City and their knowledge of current
improvements at this interchange LAN Engineering was the apparent successful
applicant.
AaENOA ITEM NO. ~
PAGE I OF '2.
REPORT TO CITY COUNCIL
OCTOBER 11, 2005
PAGE 2
FISCAL IMPACT
Funding for this design project is budgeted in WRCOG TUMF fees in fiscal year
2005/2006 for a total amount of $750,000. LAN Engineering's proposal is to
accomplish all work in accordance with Scope of Work for a total amount of
$694,232.00. There are adequate funds to complete this portion of work. City
Attorney has reviewed and approved the agreement with LAN Engineering.
RECOMMENDATION
That the City Council authorize the Mayor to enter the City into an agreement with
LAN Engineering for preparation of a Project Report and Environmental
Documents for Interstate 15/ State Route 74 (Central Avenue) in accordance with
Caltrans Guidelines for the amount of $694,232.00.
" ,
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PREPARED BY: David S. Solomon, Associate Civil Engineer
',',
" Ken Seumalo', City Engineer ~
REVIEWED BY:
APPROVED FOR"
AGENDA BY:
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J1;~." m,:M No.~6~"_w,
,""" 'L 2-
"" ~AGE_ OF ~~"'h'''C,,,
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
, ROBERT A.BRADY, CITY MANAGER
DATE:
OCTOBER 11,2005
2005 -2006 C.D;B.G. SUPPLEMENTAL AGREEMENT
,
SUBJECT:, "
."-.
BACKGROUND'
'.',', .
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The City Council, at their' regular scheduled' meeting approved the 31 51 Year
Community DevelopmehtBlock Grant ptoje<.;ts for'Fiscal Year 2005-2006, '.
In September 2005, the City was notified by the Riverside County Economic
Development Agency (EDA) that the City's programs were approved by the County
Board of Supervisors, "
DISCUSSION
, '
Upon the City's approval, the projects'are forwarded to the Board of Supervisors of ,
Riverside County for app'roval.
, ,
Following the County's approval, they are forwarded to Housing and Urban
Development (H.U.D.) for their concurrence and approval. With H.U.D.'s approvals,
the County sends a supplemental agreement that the City must approve and return to
the County.
When the County Board of Supervisors approves the supplemental agreement, they
will send the City a letter authorizing the City to "incur costs." When we receive this
notification, we are then able to release funds to the approved projects with assurance
of reimbursement from the County.
.AGENDA ITEM NO,~
PAGE I OF ,~5
REPORT TO CITY COUNCIL.
OCTOBER 11, 2005
PAGE 2
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FISCAL IMPACT
The 31 5t Year allocation for the City of Lake Elsinore totals $265,688.
RECOMMENDATION
It is recommended the Mayor and City Council approve the attached supplemental
agreementfor 31 it Year CD.E.G. Funds (File l.LE099; l.LE102; l.LE098; l.LE096; .
l.LE095; l.LElOO), for Operation School Bell ($4,000); R.O.P.E. ($6,000); Lake
Elsinore Senior Center ($17,000); Code Enforcement ($20,000); Dangerous Structure
Abatement ($25,000); and Curb, Gutter, Sidewalk, Construction and Replacement
Program ($193,688); and authorize the Mayor and City Clerk to execute the documents ..
and mail, along wi$. a ~ertified copy of the minutes to the County of Riverside
Economic Deve10pmentAgency inc~udinga copy of the minute order by which the
agreement was considered and approved~' .' . .. .
PREPARED BY:
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COMMUNITY SERVICES
APPROVED FOR
AGENDA BY:
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AGENDA ITEM NO.~
PACE d OF ~~
H-CONOMIC
OOVBLOPMENT
A,OHNeT
Economic &
Community
Development
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Housing
,'~
Housing
Authority
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Redevelopment
(gency
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County Service
Areas
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Workforce
, Development
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Edward-Dean
I Museum
! & Gardens
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Aviation
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County Fair &
~nal Date
istival
File No.: UE095, 1.LE096, 1.LE098, 1.LE099, 1.LE100, 1.LE102
I? .__._'''~
'ECE!'vJ i~' i:~ , .' -,' i
, 0' ',:!},"'- _ Hi ill
Can. Cr ~ 1200 !J :;i OCT 32005 10:)1
, 'timUmll, C' ' "1 - UU I , J
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"--,-_....._-.'-_.~,_.~"_._.-_._.
Dear Mr. Brady:
SUBJECT: CDBG PROJECT APPROVED FOR FUNDING/AGREEMENT 2005-2006
Program Year
Funded:
1.LE095 . Code Enforcement~DanaerousStructiJre Abatement $25,000
1.LE096 Code Enforcement ,. $20,000
UE098 Lake Elsinore Senior Activity Center $17,000
1.LE099 Ooeration School Bell " " $4,000, ,
UE100 Curb, !lutter, sidewalk construction and reolacement oro!lram $193,688
1.LE102 Heloina Our People in Elsinore, Inc. (H.O.P.E., Inc.) $6,000 '"
$
," $
The total CDBG fundina for the City is $265,688' " '
The County of Riverside Board of Supervisors has'approved your projects as activities' for' ", , '
this new funding cycle. Your projects will be included in the 2005--2006 One Year Action..
Plan and submitted to the U.S. Department of Housing and Urban Development ,for "'"
approval. We expect approval and the effective date of the grant approval to be July 1,
2005.
Enclosed are three (3) copies of this year's supplemental agreement covering the above-
referenced projects for the use of Community Development Block Grant funds.
Please review the agreement and correct any errors or omissions. After review, sign all three (3)
copies and return them to this office for execution. In addition include a copy of your Council
minutes approving the execution of the agreement. A fully executed agreement and the
authorization to "Incur Cost" will be sent to you as soon as the County Board of Supervisors takes
action. Please note: NO costs incurred prior to or without written authorization from the
Economic Development Agency will be reimbursable. .
ENVIRONMENTAL PROCESS
Economic Development Agency staff is presently undertaking environmental review of noted
activities as required under the National Environmental Protection Act (NEPA). Cities are expected
to complete their CEQA environmentals and provide the county with a copy of each review.
MANAGEMENT CAPACITY
Please submit revised time lines with anticipated milestones with in your agreement by October 17,
2005. As a Grantee, your agency will be monitored on a regular basis. Performance is measured
P,O, Box 1180, Riverside, CA 92502-0 Telephone 951/955-89160 Facsimile 951/955-6686,
Website www,rivcoeda.orQ ACiENCA ITEM NO.
R\COBG\lST\lE\SupplementaIAgrenmenllake Elsinore_lellel(2),doc PAC;; ~ '3
~
OF ~'5
July 28, 2005
Page 2
..1" ,'.
on the basis of timely completion of project milestones (Le., service delivery,
submittal, monthly reports
or project accomplishments)that are jointly developed between grantee, city (if applicable) and the
county. . ;, .
. 0
monthly claim
TRAINING SESSION
A future CDBG Training Session is in the process of being planned. Look for a letter of invitation
after HUD approves the County's One Year Action Plan. Notification will be. made in plenty of time
for you to set-the-date.
.::1
FEDERAL REQUIREMENTS
A list of relevant policy memoranda, which provides guidelines to project development, record
keeping and implementation, will be provided to you. Additionally, the Federal guidelines for CDBG
compliance and regulations prohibits conflicts of interest (ref. 24 CFR 570.611); therefore, please
provide a curient listina prior to any expenditure of CDBG. funds of the following: all employees,
agents, consultants; officers, and elected and appointed officials who are in a position to participate
in the decision-making process, exercise any functions or responsibilities, or gain inside information
with respect to the CDBG funded activity. referenced above.'
If you;have any questions regarding the program, process or need additional information, please.
feel free ,to contact me at 951-955-6682
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JV:AA:ld'
Enclosures
S;\CDBG\1ST\lE\5uppJemenlal Agreemenllake EJsinore_leUer(2).docpIate.doc
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AGENDA ITEM NO.~
PACE-LOF jr:)
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3
4
5
6
7
8
9
10
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015
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File: I.LE095, I.LE096, I.LE098, I.LE099, I.LEIOO, I.LEl02
SUPPLEMENTAL AGREEMENT FOR THE USE OF'
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
, : ,~. ; -,
COUNTY OF RIVERSIDE of the State of California, herein called, "COUNTY," and the
CITY OF LAKE ELSINORE, herein called "CITY," mutually agree as follows:
L GENERAL: COUNTY and CITY have executed a Cooperation Agreement dated'
July 2, 2002, whereby CITY elected to participate with COUNTY; which has qualified as an
"Urban County" for purposes' of receiving Community Development Block Grant (CDBG)
funds; and to. assist and undertake essential community development and housing assistance
activities' pursuant to the' Housing and. Community.Development Act of 1974, as amended,
hereinafter referred to as "Act". Said Cooperation Agreement dated July 2,2002, is incorporated
herein by reference and made a part of-this Agreement as' if each and every provision was set
forth herein.
2. PURPOSE. . CITY promIses and agrees' to undertake and assist 'with .the
community development activities, within its jurisdiction, by utilizing the sum of $50,000,
CDBG Entitlement Funds"as specifically identified in Exhibits A, B, C, D, E and F are attached
hereto and consist of 3 pages (each), and by this reference are incorporated herein, for the
projects:
I.LE095 Code Enforcement,Dangerous Structure Abiltement.$25,000,
I.LE096 Code Enforcement. $20,000. '..
I.LE098 Lake Elsinore Senior Activitv Center, $17:000.
I LE099 Ooeration School Bell, $4,000.'
.I.LEIOO Curb, gutter, sidewalk construction and replacement program, $193,688.
I.LElO2 Helping 'Our People in Elsinore, Inc. (H.O.P.E.,'Inc.), $6,000.
CITY.shall obtain COUNTY~s approval, through its Economic Development Agency, of the
project plans and specifications prior to CITY's construction of same when a.project consists of a
construction activity.
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Page.1 01.8 .
AGEr-JDA ITEM NO. OJ
PASE~OF
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3.
TERM OF AGREEMENT. The tenn of this Agreement for the projects shall be
2 for a period of one (I) year from July I, 2005 to June 30, 2006, and proceed consistent with the U
3, completion schedule set forth in Exhibits A, B, C, D, E and F. In the 'event that the projects are
4 not substantially co~pleied 'by the time set 'forth in the completi~~schedule due to unforeseen or,
5 uncontrollable causes" the schedule for ,the completion of the project may be extended by the
6 period of the enforced delay. Times of performance may also be extended in writing by the
7 mutual agreement of, CITY and COUNTY;. . If substantial, progress toward completion in'
8 conformance with the completion schedule, as detennined by COUNTY of the projects are not
9 made during the term of the Supplemental Agreement, COUNTY may suspend or terminate this
IO agreement by the procedures set forth in the Section titled "Termination", of this agreement and
II the entitlement. funds associated with the projects may be reprogrammed by COUNTY after
12 appropriate notice is given.
I3
4.
DISPOSITION OF FUNDS.. COUNTY's Board of Supervisors shall determine
14 the final disposition and distribution of all funds received by COUNTY under the Act consistent
15 with the provisions of Paragraphs 2 and 3 of this Agreement. COUNTY, through its Economic
16 Development Agency, shall: (I) Make payment of the grant funds to CITY as designated in
17 Exhibits A, B, C, D, E and F; (2).It is the CITY's responsibility to monitor the projects aCtivity
18 of Exhibits A, B, .C, D, E and F to ensure compliance with applicable federal regulations and the
19 terms of this Agreement. CITY shall comply with timely draw down of funds by submitting
20 monthly requests for reimbursement. All disbllfsements of grant funds ",ill be on a
21 reimbursement basis and made within thirty (30) days after.'the CITY has submitted its letter.
22 identifying payments and documentation 'which supports expenditures.. All authorized
23 obligations incurred in the performance of the Agreement must. be reported by June 4, 2005 for
24 'projects eligible under 570.201 (e),Public Services.
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5.
COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with
26 COUNTY in undertaking .essential communiiy,development .and housing assistance activities,
27 specifically urban renewal and public assistance housing, and.shall assist COUNTY in carrying'
28 out its Strategic Plan of the Consolidated Plan and other requirements of ;the Community
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Page 2 of 8
AGENDA ITEM NO.
PACE . It
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Development Block Grant Program;
6, LEAD AGENCY FOR COMPLIANCE WITH THE" CALIFORNIA
-- .. j
ENVIRONMENTAL OUALITY ACT (CEOA). Pursuant to Section 15051(d) ofTitle 14 ofthe
,California Administrative Code, 'CITY is designated as the lead agency for the projects that are
the subject matter of this Agreement: '
- 7. HOLD HARMLESS AND INDEMNIFICATION. CITY shall conipfywith all -
applicable laws, rules and -regulations, and 'shall ,indemnify, save and hold' harmlessTOUNTY
and its agency members and their respective agents, serVants and employees of and'from any and '
all liabilities, claims, debt; damages; demands, suits, actions and causes' of' action' of whatsoever,
kind, nature or sort including, but not :by' wayof'limitatiort, wrongful death; expenses ofthe
deferise of said parties, and, the payment' of attorney's fees, arising . out of or in any manner
connected with the performance by CITY under this Agreement:"
'8. RECORDS AND INSPECTIONS, '
a. CITY shall establish and maintain records in accordance with 24 CFR Part
570 and Part 85 and OMB Circular A-87 as applicable and as they relate to the' acceptance and
use of federal funds under this Agreement.:
b. CITY shall maintain a separate account for CDBG 'Entitlemeritfunds
received as set forth in Exhibits (A, B,' C, D, E,andF):'
, c. CITY shall,:during the' normal business hours, make available to
COUNTY and to the Department of Housing and Urban Development for examination 'and "
copying ,all of its records and other materials with respect to matters' covered by this Agreement.
d. CITY shall not retain any program income as defined in Section ,570.500
of Title, 24 of the,FederalCode of Regulations. Said'program:income shiill be used only for the
activities that are the subject of this Agreement. ,Further, all provisions of this Agreement shall
apply to such activities,
e. The CITY shall ensure projects that are serving limited clientele
(570.208(a)(2)(i), that at least fifty-one percent (51%)ofthepersons benefiting from the CDBG,
funded activities are .of low and moderate income and meet the program income guidelines
Page 3 of 8 :.'
AGENDA ITEM NO.
PACE-.!l-OF
I attached as Exhibits (A, B, C, D, E and F). The CITY mU,st provide the direct benefit
2 documentation required. U
3
9.
,
FEDERAL REOUIREMENTS. <;:ITY slJaIl comply with the provisions of the
4. Act and any' amendments thereto and the federal regulations and guidelines now ore hereafter
5 enacted pursuant to the Act. More particularly, CITY is to comply with those regulations found
6 in Part 85 and Part 570 of Title 24 of the Code of Federal Regulations. CITY is to comply with r
70MB Circular A-87, or any subsequent replacement. CITY is to abide by the provisions of the
8 Community.Development Block Grant Manual, prepared by COUNTY and cited in the above-
9, mentioned Coopt<ration Agreement. City to comply with Section 3 of the Housing & Urban
10 Development Act of1968: as amended:attached hereto as Exhibit "S". .
11
10.
INDEPENDENT CONTRACTOR. CITY and its agents, servants and employees,
12 shall act at all times in an independent,capacity during the term of this Agreement, and shall not
13 act as, shall not be, nor shall they in any manner be construed to be' agents; officers or employees
14 ofthe COUNTY.
15
16
.11.
TERMINATION.,
u
a. CITY. CITY may not terminate. this Agreement except upon express
17 written consent of COUNTY.
18
b.
COUNTY. Notwithstanding the provisions of Paragraph II a,. COUNTY'
19 may suspend or terminate this Agreement upon written notice, to CITY of action being taken and'
20 the reason for. such action:
21
(I)
In the event CITY fails to perform the covenants herein .contained
22 at such times and in such manner as provided in this Agreement; and
23
(2) ,.In the event there is a conflict with any federal, state or'local law,
24 ordinance, regulation or rule rendering any'of the provisions of this Agreement invalid or
25 untenable; or
26
(3) . In the event the, funding from the Department of Housing and
27 Urban Development referred to in Paragraphs' I and 2 above is terminated or otherwise becomes
28 unavailable.
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AGENDA ITEM NO.
PACt: ~
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, Upon' suspensIOn of this Agreeinent,CITY 'agrees to return "any
, c.
o 2 unencumbered funds which it has been provided by:COUNTY. In accepting said funds,
3 COUNTY does not waive any claim'or clnlseof action it may have against CITY for breach of
4 this Agreement.
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d.
Upon 'suspension' of this' Agreement, CITY' agrees' not to incur any
6 additional cost with regard to the projects that are cited in the written notice as necessitating the
7 suspensIOns.
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12.
NONDISCRIMINATION. CITY shall abide by Sections 570.601 and 570.602 of
9 Title 24 of the FederaJ'Code of Regulations'which requires that no:person in the United States
10 shall on the grounds ofrace;color, national origin,'or sex,'be exCluded from participation in,'be
11 denied the benefits of, or be subjected to discrimination' under any program or activity funded in'
12 whole or in part with Community Development furids.
, ~, ,
13
14
:. , ,13.
PROHffimON AGAINST CONFLICTS OF INTEREST
a.
: CITY and its assigIis, einployees, agents, consultants, officers ~d eleCted
and appointed officials shall become farriiliar with and shall comply with the CBBG regulation's
prohibiting 'conflicts of interest contained in 24 CFR570:611, attached hereto as Exhibit' "CI" ,
and by this reference incorporated herein.
b. '. . _CrrYand its aSsigns, employees, agent~,'c(iI;su'1tants, officers, and elected
and' appointed officials shall become familiai' with and shall comply with Section A~ 11 of the
County's CDBGPolicy: manual, attached hereto as Exhibit "CI" and bY . this' reference
incorporated herein,
c.
CITY understands and agrees that 'n'owaiver of exception can be'granted
23 to the prohibition against conflict of interest-except upon written approval of HUD pursuant 'to
24 24tFR 570.611 (d): Any request by CITY for an excejltion shall first be reviewed by
25 COUNTY to determine whether such request is appropriate for submission to HUD: ' In
26 determining whether such request isappropriatefor submission to HUD; COUNTY will consider
27 the factors Jisted in 24 CFR570.61 i(e).
d.
,'Prior to any funding under this Agreement, CITY 'shall provide COUNTY
Page 501 8
AGENDA ITEM NO. q
PACE ----9-- OF
I with a list of all employees, agent~, co~sultants, officers and elected and appointed officials who.
2 are in a position to participate in a decision making process, exercise any functions or U
3 responsibilities, or gain inside information with respect to the CDBG activities funded under this
4 Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including
5 even the appearance of conflict, that may arise with respect to the CDBG activities funded under
6 this Agreement.
7
e.
Any violation of this section shall be deemed a material breach of this
8 Agreement, and the Agreement shall be immediately terminated by the COUNTY.
9
14.
PROJECT ELIGffiILITY. As to CITY or its claimants, COUNTY shall bear no
10 liability. for any later determination by the United States Govemment, the Department of
II Housing and Urban Development or ,any other person or entity that CITY is or is not eligible
12 under 24 CFR Part 570 to receive CDBG fin.1ds.
13
15.
USE OF PROPERTY. Whenever federal CDBG funds or program income are
14 used, in whole or in part, for the purchase of equipment or personal property, the property shall
15 not be transferred from its originally funded use for a perioq of five (5) years from the date that
16 the City is no longer a part of the urban COUNTY, program. The qTY shall maintain an
17 inventory for COUNTY review.
U
18
16.
EMPLOYMENT OPPORTUNITIES TO BE CAUSED:BY PROJECT. CITY
19 agrees to notify and to require any lessee or assignee to notify Riverside County Workforce
20 Development Center/JTP A and GAIN - Department of Public Social Services of any and all job
,
21 openings that are caused by this project.
22 17. "PUBLICITY. Any publicity generated by CITY for the project funded pursuant
23 to this Agreement, during the term of this Agreement, will make reference to the Contribution of
24 the County of Riverside Community Development Block Grant Program in making the project
25 possible.
26
18.
PROGRAM MONITORING AND EV ALUA TION. CITY shall be monitored
27 and evaluated in terms of its effectiveness and timely compliance with the provisions of this
28 Agreement and the effective and efficient achievement of the Program Objectives. Quarterly
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Page 6 of 8
AGENDA ITEM NO.
PACE-1V
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reports 'shall be due on the' last day- of the' month immediately' following the end of the quarter
being reported. The quarterly written reports shall include, but shall not be limited to the
following data elements:
a. Title of program, listing of' components, /descriptioh of
activities/operations.
b. The projected goals, indicated numerically, and also the goals achieved
(for each report period). In addition, identify by percentage and description, the progress
achieved towards meeting the specified goals; additionally, identify any problems encountered in
meeting goals.
]) Total number of direct beneficiaries (clientele served) who are:
. Moderate income
.'
Low income
,.
. Very-low income
2) Percent of the Low/Moderate income beneficiaries
3) , Racial ethnicity of clientele
4) Number of Female Headed Households
SPONSOR shall report beneficiary statistics monthly to EDA on the pre-approved Direct
Benefit Form,.and Self-Certification Form.(certifying income, family size, and racial ethnicity)
I
as required by HUD. Updated forms are to be provided to said SPONSOR by EDA should HUD
implement changes during the term of this agreement.
19. ENTIRE AGREEMENT., It, is expressly agreed that this Agreement together with.
the cooperation Agreement between the parties, embodies the entire agreement of the parties in
relation to the subject matter thereof, and that no other Agreement or understanding, verbal or
.otherwise, relative to this subject matter, exists between the parties at the time of execution.
i
20. MIN]STER]AL ACTS. The Executive Director of the COUNTY's Economic
Development Agency or his or her designee(s) are authorized to take such ministerial actions as
Page7018,
ACENDA ITEM NO. g
PACIL.U__ OF
I may be necessary or appropriate to implement .the terms, provisions, and conditions of this
2 Agreement as it may be amended from tim~ to time by COUNTY.
u
3
21.
MODIFICATION OF AGREEMENT. This Agreement may be modified or
4 amended only by a writing signed by the duly authorized and empowered representative of
5 COUNTY and CITY respectively.
6
7 DATED:
8
9 ATTEST:
10 Nancy Romero
Clerk ofthe Board
COUNTY OF RNERSIDE
11
12
13 By:
14 Deputy
15
16
17 DATED:
18
19
20
21
22
23
By:
Chairman, Board of Supervisors
(Seal)
u
APPROVED AS TO FORM
," .
By:
County Counsel
ATTEST:
CITY OF LAKE ELSINORE .
24
25
26
27
By:
Mayor
JV:AA:Jd
2 8 S.\CDBG\I~lIlE',sllppkmenlal Agrwnenl 05lE098-lE102.doc
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Page B of B
AGt;f,a)j~ tTE~~~ I~G. 9
PACE-14-0F
(\,
Prohibition Against Conflicts of Interest
EXHIBIT CI . page 1 of 4
S 570,611 Conflict of interest.
(a)
Applicability.
:,
(I) In the procurement of supplies, equipment, construction, and services by recipients, and by
subrecipients (including those specified at S 570'.204(c)), the conflict of interest proyisions in 24 CFR 85.36 and
OMB Circular A 110, respectively, shall apply. ' , ' . .
(2) , In all cases not governed by 24 iCFR 85.36 and OMB Circular A-11 0; the provisions of this
section shall apply. Such cases include the acquisition and disposition of real property and the provision of
assistance by the recipient, by its subrecipients,or to individuals, businesses an~ other private entities under
eligible activities which authorize such assistance (e.g., rehabilitation, preservation, and other improvements of
private properties or facilities pursiJant to S ,570.202, or grants, loans and other assistance to busiriesses,
individuals and other private entities pursuant to S 570~203, S '570.204 or S 570.455).' i.' '.
(b) Conflicts prohibited. Except for ihe use of CDBG funds to pay salaries and other related
administrative or personnel costs, the' general rule is that no persons described in paragraph (c) of this section,
who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under
this part or who are in a position to participate in a decision making process or gain inside information with
regard to such activities, may obtain a personal of financial iriterest or benefit from a CDBG assisted activity, or
';-"ve an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder,
r ier for themselves or those with whom they have family or business ties, during their tenure or for one year
thereafter. For the UDAG program, the above,restrictions shall apply'to all activities that are a part of the
UDAG project, and shall cover any such interest or benefit during, or at ally time after, such person's tenure.
(c) Persons covered. The conflict of interest provisions or' paragraph (b) of this section
apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of
the recipient, or of any designated public agencies, or subrecipients which are receiving funds under this part.
(d) Exceptions: threshold requirements. Upon the written request of the recipient, HUD
may grant an exception to the provisions of paragraph (b) of this section on a case-by-case basis when it
determines that such an exception will serve to further the purposes of the Act and the effective and efficient
administration of the recipient's program or project. An exception may be considered only after the recipient
has provided the following:
(I) A disclosure of the nature of the conflict, accompanied by an assurance that
there has been public disclosure of the conflict and a description of how the public disclosure was made; and
(2) An opinion of the recipient's attorney that the interest for which the exception is
sought would not Violate State or local law.
(\
ACENDA ITEM No.9
PAOE I,':) Of J"')
Prohibition Against Conflicts of Interest
, EXHIBIT CI. page 2 of (J
(e) Factors to be considered for exceptions, In determining whether. to grant a request~d
exception after the recipient has satisfactorily met the requirements of paragraph (d) of this section,HUD shall
consider the cumulative effect of the following factors, where applicable: '
, .
(I) Whether the exception would provid~ a significant cost benefit or an essential
degree of expertise to the program or project which would otherwise not be available;' .
(2)
Whether an opportunity was provided for open competitive bidding or
. . ".
negotiation;
(3). Whether the person affected is a member of a group or class of low or moderate
income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such.
person to receive generally the same ipterests or benefits .as are being made available or provided to the group
or class;' ' . .. . . . .
.'
. .' (4) . Whether tile affected person has withdrawn from his ,or her functions or
responsibi]ities,~r the decision makingprocess with respect to the specific assisted activity in question;'
(5).' Whether the interest or benefit was present before the affected person was in a
position as described in paragraph (b) of this section; . .' '. . . '
" , (6)'. Wh'ether undue hardship will result either to the recipient or the person affectedU
when weiglJed against the p~blic interest serVed by avoiding the p~ohibited conflict; and '
, ." - . - " . , -
, (7)
Any other rel~v~t con~iderations.
: 1<
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AGENDA ITEM NO....3
PAGE I f OF 35
(1
, '
Prohibition Against Conflicts of Interest
Exhibit CI, page 3 of 4
TOPIC:
CONFLICT OF INTEREST CODED
RNERSIDE COUNTY
ECONOMIC DEVELOPMENT AGENCY
DATE:
October 1989
This Conflict of Interest Code is written to comply with Federal Regulations (24 CFR Part 85). These
Regulations. "Administrative Requirements for Grants and Cooperative Agreements to State, Local and
Federally Recognized -Indian Tribal Goverrimehts" require "that 'grantees and sub-grantees 'will maintain a
written code of standards of conduct governing the perforinance of their employees engaged in the, award and
administration of contnicts. " ; " .. ',' ,
)"; .
1) No employee, officer or agent of the grantee shall participate in the selection, in the award or in the
administration-of a contract supported by Federal Funds if a conflict of interest, real or apparent, would be
involved. ' .
2) Such a conflict will arise when:
i,'
i)
The employee, officer or agent;
"
(1,'
ii)
Any member of the immediate Jamily;, '
'. .1
,iii) His/Her partners, or; '.
iv) An organization which employs, or is about to employ any of the above has a financial or other
interest in the firm's selection for award. '
3) (rhe grantee's or sub-grantee's officers, employees or agents will neither solicit nor accept gratuities,
favors of anything of monetary value from contractors or parties to sub-agreements except as noted in Section
4.
4) f\ grantee's or sub-grantee's officers, employees or agents will be presumed ,to have a financial interest
in a busipess iftheir financial interest exceeds the following: '
i) Any business entity in which the official has a direct or indirect investment worth one thousand
dollars ($1,000) or more.
ii) Any real property in which the official has a direct or indirect interest worth one thousand
dollars ($1,000) or more.
(1
AGENDA ITEM NO.~
PAOE-1l2-Of 3')
, ,
:\1.
Prohibition Against Conflicts of Interest, \
Exhibit CI. page 4 of 4--.1
TOPIC:
CONFLICT OF INTEREST CODE
RIVERSIDE COUNTY . . '.. f
ECONOMIC DEVELOPMENT AGENCY
DATE:
October 1989
.! .
iii) ., Any source of income, other than gifts and other than loans by a commercial lending institution
in the regular course of business on terms available to . the public without'regard to official
status, aggregating tWo hundred fifty dollars ($250) or more in value provided to, received by or,
promised to the official within 12 months prior to the time when the decision is made.
," .
,iv) Any, business entity, in which,the official is a director, officer, partner, trustee, employee, or
holds any position of management.
v) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two
hundred fifty dollars ($250) or more in value provided to, received by, or promised to the
official within 12 months prior to the time when the decision is made..
5) ~or purposes of Section 4, indirect investment or interest means any investment or interest owned by
, the spo se or dependent child of an official, by an agent on behalf of an official, or by a business entity or trustU
in whi h the official, the official's agents, spouse, and dependent children ,own directly, indirectly, or
benefi ally a 10-percent interest or more.
,1
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AGENDA ITEM NO.-.-3
PACE Ifp OF =)5
. EXHffilT US". page I of I
n Economic Opportunities for'Section 3 Residents and Section 3 Business Concerns
Sec. 13538 Section 3 clause.
All section 3 covered contracts shall include the following clause (referred to as the section 3
clause):
The work to be performed under this 'contract is subject to the requirements of section 3 of the Housing
and Urban Development Act of 1968, as amended,.12 U.S.C. 1701u (section 3). The purpose of section
3 is to ensure that employment arid other economic opportunities generated by HUD assistance or HUD-
assisted projects covered by section 3, shall; to the greatest extent feasible, be directed to low- arid very
low-income persons, particularly persons who are recipients ofHUD assistance for housing.
The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which
implement-section 3. As evidenced by their execution of this contract, the parties to this contract certify
that they are under no contractual or other impediment .that would prevent them from. complying with
. '.' '. ' . . '.
the part 135 regulations. .
(\
The contractor agrees to send to each labor organization or representative of workers with which
the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the
labor organization or workers' representative of the contractor's commitments under .this section 3
clause, and will post copies of the notice in conspicuous places at the work site where both employees
and applicants for training lind employment positions can see the notice. The notice shall describe the
section 3 preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training ,positions, the qualifications for' each; and the name and location of the
person(s) taking applications for each ofthepositions; and the anticipated date the work shall begin.
Thecontractor agrees to include this,section 3 clause in every subcontract subject to compliance
with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable
provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in
violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any
subcontractor' where the contractor has notice or knowledge that the subcontractor has been found in
violation of the regulations in 24CFR part 135.
The contractor will certify that any vatantemployroent positions, including training positio~s,
that are filled (I) after the contractor is selected but before'the contract is executed, and (2) withpersons
other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be
directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.
Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination
of this contract for default, and debarment or suspension from future HUD assisted contracts.
(\
With respect to work performed in connection with section 3 covered Indian housing assistance,
section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also
appliesto the work to be performed under this contract. Section 7(b) requires that to the greatest extent
feasible (i) preference and opportunities fortraining and employment shall be given to indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-
owned Economic Enterprises. Parties to this contract that are subject' to the' provisions of section 3 and
section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of
compliance with section 7(b), ()
, ., AGENDA ITEM NO.---=.L-
PAOE...J:L. OF ~ t)
EXHmIT A
Page I of3
SUPPLEMENTAL AGREEMENT
Sponsor: City of Lake Elsinore
Address:. 130 South Main Street. Lake Elsinore. CA 92530 '
Project Title: ,Code Enforcement-Dangerous Structure Abatement
Location: City of Lake Elsinore
FILE: I.LE095
Description: The program consists of removal of abandoned vehicles and/or demolition of substandard
structures that ha~e been determined to be miinhabitable, a public nuisance and pose a threat to public
health and safety. CDBG funds will be used to carry out the program and for costs associated with
removal or correction of the problem.
Project Budget:
I) ArchitectJEngineer Design Costs
2) Administration Costs
3) Planning Costs
4) Acquisition Costs
5) Construction Costs
6) Relocation Costs
7) Equipment Costs'
8) Other Costs/Abatement
9) OperationIMaintenance
10) Contingency ,
Cost
$
TOTAL
CDBG Approved
$
$25,000
$25,000
. ." I
AGENDA ITEM NO.' q
PA01L.l-L_OF ~Cj
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0XHffiIT A
.'age 2 of3
Timetable Implementation Schedule
Milestone
Submit Abatement Inventory
Semi-Annual Monitoring Site'visit
Submit Final Claim for Reimbursement
Program Services Complete
. .
("\
t
II
I
(\
Start Date
December 3, 2005
~. ,'.' .
FILE: LLE095
Completion Date
October 2005
June 1, 2006
June 30, 2006
- . . , .
ACENDA ITEM NO.~
PACE~OF qcJ
EXHIBIT A
Page 3 of3
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ANNUAL COMMUNITY DEVELOPMENT PROGRAM
PROJECT SUMMARY
3. PERIOD OF APPLICABILITY
FROM
TO
Ju]y I. 2005
Jooe 30. 2006
FILE: I.LE095
u
]. NAME OF APPLICANT
County of Riverside
2. APPLICATION/GRANT NUMBER
B-05-UC-06-0506
4. XOrigina] (each year)
_Revision, Date
_Amendment, Date
7. ENVIRONMENTAL REVIEW STATUS
Categorical Excluded.
5. NAME OF PROJECT
Code Enforcem~t-
Dangerous Structure Abatement
8. ENTITY WITH RESPONSffiILITY FOR CARRYING OUT THE PROJECT
City of Lake E]sinore
6. PROJECT NUMBER
] .LE095
9. TELEPHONE NUMBER
(95]) 674-3i24
] O. DESCRIPTION OF PROJECT: The program consists of removal of abandoned vehicles and/or demolition of
substandard structures that have been determined to be tminhabitab]e, a public nuisance and pose a threat to public
health and safety. CDBG funds will be used to carry out the program and for costs associated with removal or
correction of the problem.
ELIGffiILITY: 5.70.201 (d)
BENEFIT: 570.208 (b)(1)
. II. CENSUS TRACT(S)/ENUMERATION DISTRICT(S)
N/A.
u
12. ANTICIPATED ACCOMPLISHMENTS:
Remova] of abandoned vehicles and/or demolition of substandard structures for the elimination ofb]ight and slum
13. CDBG COMPONENT ACTIVITIES
(List component activities using names
of activities shown in Part A, COST
SUMMARY. Form HUD-7067.)
(a) .
CDBG
Low/Mod
Benefit
(b)
PROGRAM YEAR FUNDS(in thousands of $)
OTHER
Amooot
Other
Benefit
(c)
Source
(d)
(e)
Clearance
$25.000
14. Totals
$25.000
15. Total Costs To Be Paid With Community Development Grant Foods
(Sum ofColurrms b and c) $25.000
u
ACENDA ITEM NO.
PAOE &0
q
OF ~ 'S
('\
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EXHIBIT B
Page I of3
Sponsor: City of Lake Elsinore
SUPPLEMENTAL AGREEMENT
Address: 130 South Main Street, Lake Elsinore. CA 92530
l
Project Title: Code Enforcement
Location: City of Lake Elsinore
,..j'
.'-'-.;
FILE: I.LE096
Description: The City's Code Enforcement Division will identify code violations throughout eligible
areas of the city. The program will focus on issuing citations to abate substandard structures,
abandoned vehicles, graffiti, and eliminate nuisances in the community. CDBG funds will be used for
program operational cost.
Project Budget:
I) ArchitectJEngineer Design Costs
2) Administration Costs
3) Planning Costs
4) Acquisition Costs
5) Construction Costs
6) Relocation Costs
7) Equipment Costs
8) Other Costs
9) Operation/Maintenance
10) Contingency
Cost
$
TOTAL
CDBG Approved
$
$20,000
$20,000
AGENDA ITEM NO. <=1
PAOl!-.QI.LOf 3')
EXHIBIT B
Page 2 of3
FILE: I.LE096
Timetable Implementation Schedule
Milestone
Start Date
Completion Date
Submit monthly claims with list of
all applicable citations
July I, 2005
Monthly
Submit final claim
June 1,2006
Program services complete
June 30, 2006 .'
ACENDA ITEM NO.
PA~ J.J..
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OF ,~')
0XHIBIT B
'age 3 of3
FILE: I.LE096
U.S. DEPARTMENf OF HOUSING AND URBAN DEVELOPMENf
ANNUAL COMMUNITY DEVELOPMENT PROGRAM
PRO~CT SUMMARY"
3. PERIOD OF APPLICABILITY
I. NAME OF APPLICANT
County of Riverside
2. APPLICATION/GRANT NUMBER
'B-05-UC-06-0506
FROM
TO
4. XOriginal (each year)
_Revision, Date .
_Amendment, Date
July 1. 2005-
5. NAME OF PROJECT
Code Enforcement
JlD1e 30. 2006
6. PROJECT NUMBER " . .
I.LE096
).
7. ENVlRONMENfAL REVIEW STATUS
Exempt
.,'; ,._,':,_.
8. ENTITYWITHRESPONSIBILITYFORCARRYINGOUTTHEPROJECT.... .' 9. TELEPHQNENUMBER
City of Lake Elsinore . . .. , ',' (951)674-3124
" "
--.,
10. DESCRlPTION OF PROJECT: The City's Code Enforcement Division will identifY code violations throughout
. .'
eligible areas of the city. The program will focus on issuing citations to abate substandard structures, abandoned
vehicles, graffiti, and eliminate nuisances in thecommlD1ity. CDBG funds will be used for program operational cost.
ELIGIBILITY: 570.202 (c) BENEFIT: 570.208 (b)(1)
("'t. CENSUS TRACT(S)/ENUMERATION DlSTRICT(S)
N/A ' . .
..
12. ANTICIP:\TED ACCOMPLISHMENfS: .
Issue citations to abate substandard structures, abandoned vehicles, and graffiti to eliminate nuisances, blight and
slum in tlie community . . ..' . . , "
13. CDBG COMPONENf ACTNITIES
(List component activities using names
of activities shown in Part A, COST
SUMMARY. FormHUD-7067.)
.. (a)
CDBG
Low/Mod
Benefit
(b)
PROGRAM YEAR FUNDS(inthousands of $)
OTHER
Amount
. Source
Other
Benefit
(c)
'~ ~ ')
(d)
(e)
Code Enforcement .
$20.000
14. Totals
$20.000
15. Total Costs To Be Paid With Community Development Grant Funds
~um ofCoJumns b and c) $20.000
ACENDAITEM NO.~
PAOE 0/3 Of :~5 .
EXHIBIT C
Page I of3
. FILE: I.LE098
;u
SUPPLEMENTAL AGREEMENT
Sponsor: City of Lake Elsinore
.'
"
Address: 130 S. Main Street. Lake Elsinore. CA 92530
Project Title: Lake Elsinore Senior Activity Center
Location: 420 E. Lakeshore Drive, Lake Elsinore. CA 92530
Description: The Lake Elsinore Senior Activity Center provides senior services for the entire Lake
Elsinore Valley, serVices include nutrition. programs, information assistance, referrals, inedicalexams,
educational programs. and social activities/interaction, CDBG funds will be used for staff salaries and
program operations.
'/'
.'
Project Budget: .
;',"
I) ArchitectlEngineer Design Costs
2) Administration Costs
3) Planning Costs
4) Acquisition Costs
5) Construction Costs
6) Relocation CClsts
7) ~quipment Costs ,.
. '.8)' Other Costs '
9) OperationlMaintenance
10) Contingency
Cost
$
CDBG Approved
$
u
$17,000
TOTAL
$17,000
i
u
AGENDA ITEM NO.-3--
PACf4--0F ,'-')~
~XHIBIT C
( .Jage 2 of3
Timetable Imple~entation Schedu]~
Milestone
Program Services .
Submit Quarterly Report
(in accordance to section 26
of Sponsor's Agreement)
t',
Semi-Annual Monitoring' Site Visit
Submit Final Claim'for Reimbursement
Program Services Complete
(\
'. ,~
('
Start Date
July I, 2005
"1. . December 3,2005
It:
. .
'.
, .~ ,--
"'.,.
FILE: I.LE098
Completion Dah~
October 31, 2005
January 31, 2006
.April 30,,2006 .
July 31, 20Q6
June 1, 2006
June 30, 2006
ACENDAITEMNO.~
PACE ~'J OF ,'15
EXHIBIT C
Page 3 of3
FILE: l.LE098
u
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ANNUAL COMMUNITY DEVELOPMENT PROGRAM
3.
PROJECT SUMMARY
PERIOD OF APPLICABILITY
~.
I. NAME OF APPLICANT
. County 6fRiverside
2. APPLICATION/GRANT NUMBER
B-05-UC-06-0506
FROM
TO
4. XOriginaI (each year)
_Revision, Date
_Amendment, Date
Julv I. 2005
,.
June 30. 2006
5. NAME OF PROJECT 6. PROJECT NUMBER
Lake Elsinore Senior Activity Center I.LE098
7. ENVIRONMENTAL REVIEW STATUS
Exempt
8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT
. City of Lake Elsinore
9. TELEPHONE NUMBER
(951) 674-2526
10. DESCRIPTION OF PROJECT: The Lake Elsinore Senior. Activity Center provides senior services for the entire Lake
Elsinore Valley, services include nutrition programs, information assistance, referrals, medical exams, educational
programs and social activities/interaction. CDBG funds will be used for staff salaries and program operations. .
ELIGIBILITY: 570.201 (e)
BENEFIT: 570.208 (aX2)(i)(A)
II. CENSUS TRACT(S)/ENUMERA TION DISTRICT(S)
N/A
u
12. ANTICIPATED ACCOMPLISHMENTS:
Provide services to 2,000 senior citizens
13. CDBG COMPONENT ACTIVITIES
(List component activities using names
of activities shown in Part A, COST
SUMMARY. Form HUD-7067.)
(a)
CDBG
Low/Mod
Benefit
(b)
PROGRAM YEAR FUNDS(in thousands of $)
OTHER
Amount
Source
Other
Benefit
(c)
(d)
(e)
Public Services
$17.000
14. Totals
$17.000
15. Total Costs To Be Paid With Community Development Grant Funds
(Sum of Columns b and c)
$17.000
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AGENDA ITEM NO.-9
PACl=-J.{p_ OF 3 ")
. r: 1
(\ EXHIBIT D
Page 1 aB
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FILE: I.LE099
SUPPLEMENTAL AGREEMENT
Spansar: City afLake E1sinare
Address: 28720 Via Mantezuma, Temecula. Ck 925-90
Praject Title: Operatian Schaal Bell
Lacatian: 28720 Via Mantezuma, Temecula. CA 92590
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Descriptian: The, Assistance League af the Temecula Valley, thraugh their Operation Schaal Bell
pragram, will provide children ages 11-18 af LawlMaderate incame families with c1athing, school
supplies, hygiene items, and reading boaks..CDBO fupds will be used to. purchase the necessary items
far each child.
Project Budget:
I) Architect/Engineer Design Casts
2) Administratian Casts
3) Planning Casts
4) Acquisitian Casts
5) Canstructian Casts
6) Relacatian Casts
7) Equipment Casts
8) Other Casts
9) OperatianlMaintenance
10) Cantingency
Cast
$
TOTAL
CDBG Approved
$
$4,000
$4,000
ACENDA ITEM NO.
PAGE (21
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OF 3 'S
EXHffiIT D
Page 2 of3
Timetable Implementation Schedule
Milestone
Program Services
Submit Quarterly Report
(in accordance to section 26
of Sponsor's Agreement)
Semi-Annual Monitoring Site Visit
Submit Final Claim for Reimbursement
Program Services Complete
Start Date
July 1,2005
"
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, December 3, 2005 '
FILE: J.LE099
Completion Date
October 31, 2005 . ,
January 31, 2006
April 30, 2006
. July 31,2006
June I, 2006
June 30, 2006
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AGENDA ITEM NO. q
PACE ..:20" OF :~S
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rXHIBIT D
kge3 00
FILE: I.LE099 .
U.S. DEP ARlMENT OF HOUSING AND URBAN DEVELOPMENT .
ANNUAL COMMUNITY DEVELOPMENT PROGRAM: .,
PROJECT SUMMARY.
3. PERIOD OF APPLICABILITY
I. NAME OF APPLICANT
County of Riverside
2. APPLICATION/GRANT NUMBER
B-05-UC-06-0506
FROM
TO
4. XOriginal (each year)
_Revision, Date
_Amendment, Date
July I. 2005
June 30. 2006
5. NAME OF PROJECT
Operation School Bell
- -6. PROJECT NUMBER"
LLE099
'. 7. ENVIRONMENTALREVIEW'STATUS
" ! Ex~mpt
8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJEcr
CitY of Lake Elsinore"
..9. TELEPHONE NUMBER
(951) 694-8018
10. DESCRIPTION OF PROJECT: The Assistance League of the Temecula Valley, through their Operation School Bell
program, will provide children ages I I - I 8 of LowlModerate income families with clothing, school supplies, hygiene .
items, and reading books. CDBG funds will be used to purchase the necessary items for each child.
ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(B)
n. CENSUS TRACT(S)/ENUMERATION DISTRICT(S)
N/A . ,
]2. ANTICIPATED ACCOMPLISHMENTS:
Provide services to 150 children
13. CDBG COMPONENT ACTNITIES
(List component activities using names
of activities shown in Part A, COST
SUMMARY. Form HUD-7067.) .
(a)
CDBG
LowlMod
Benefit
(b) ..
PROGRAM YEAR FUNDS(in thousands' of $)
.. ,OTHER
Other Amount Source
Benefit
(c) (d) (e)
Public Services .
$4.000
]4. Tota]s
$4.000
]5. Tota] Costs To Be Paid With Community Development Grant Funds
(Sum of Columns b and c) $4.000
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ACENDA ITEM NO.-.-9
PACiLJ.Q_~OF 3")
EXHIDIT E
Page I of3
FILE: I.LEIOO
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SUPPLEMENT ALAGREEMENT
Sponsor: City of Lake Elsinore
Address: 130 S. Main Street. Lake Elsinore. CA 92530
Project Title: Curb, gutter, sidewalk construction and replacement program
Location: Historic Downtown Lake Elsinore
Description: The project consists of constructing 4,000 linear feet of new curb, gutter and sidewalk in
the City's. downtown area. In addition,' the project will address the n:movaJ'.and replacement of
deteriorated existing sidewalk in the downtown area. CDBG funds will be used for architectural design
and constructiop.
Project Budget:
;i
I) Architect/Engineer Design Costs
2) Administration Costs.
3) Planning Costs
4) Acquisition Costs
5) Construction Costs
6) Relocation Costs
7) Equipment Costs
8) Other Costs
9) OperationlMaintenance
10) Contingency
Cost
$
CDBG Aooroved
$
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$193,688
TOTAL
$193,688
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ACENDA ITEM NO.
PAce ,30
<1
OF ,~~
Milestone
"",
Prepare Plans & Specifications' .
Bid Documents & Review
Bid Advertisemertt, Bid Review '
& Award '
Construction
Notice of Completion
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FILE: LLElOO
Start Date
Completion Date
July I, 2005
. November 1, 2005
Dece~ber' 2005
February 2006
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March 2006
May 2006 .
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June 2006 '
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ACENDA ITEM NO. C4
PAGl:--3L-OF ,~'5
EXHffiIT E
Page 3 00
FILE: I.LEI 00
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ANNUAL COMMUNITY DEVELOPMENT PROGRAM
I.NAMEOF,APPLICANT
County of Ri"erside
2. APPLICATION/GRANT NUMBER
B-05-UC-06-0506
PROJECT SUMMARY
3. PERIOD OF APPLICABILITY
FROM
TO
4. .x Original ( each year)
_Revision, Date
_Amendment, Date
Julv 1. 2005
June 30. 2006
5. NAME OF PROJECT
Curb, gutter, sidewalk
construction and 'replacement program
8. ENTITY WITH RESPONSffiILITY FOR CARRYING OUT THE PROJECT,
City of Lake Elsinore
6. PROJECT NUMBER
I.LEIOO
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7. ENVIRONMENTAL REVIEW STATUS,
Categorical Excluded
9. TELEPHONE NUMBER
(951) 674-5170
10. DESCRIPTION OF PROJECT: The project consists of constructing 4,000 linear feet of new curb, gutter and sidewalk
in the City's downtown area. In addition, the project will address the removal and replacement of deteriorated existing
sidewalk in the downtown area. CDBG funds will be used for architectural design and construction.
ELIGffiILITY: 570.201 (c)
BENEFIT: 570.208 (a)(1)(i)
II. CENSUS TRACT(S)/ENUMERATION DISTRICT(S)
430 BG 6 (63.2%)
12. ANTICIPATED ACCOMPLISHMENTS:
Construct 4,000 ft of curb, gutter, and sidewalks in the city's downtown area
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13. CnBG COMPONENT ACTIVITIES
(List component activities using names
of activities shown in Part A, COST
SUMMARY. Form HUD-7067.)
(a)
CDBG
Low/Mod
Benefit
(b)
PROGRAM YEAR FUNDS(in thousands of $)
OTHER
Amount
Source
Other
Benefit
(c)
(d)
(e)
Public Facilities
$193.688
14. Totals
$193.688
15. Total Costs To Be Paid With Community Development Grant Funds
(Sum of Columns b and c) $193.688
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ACENDA ITEM NO.3-
PACE /-\d. OF 3 t:)
n EXHIBITF
Page I 00
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SUPPLEMENTAL AGREEMENT
Sponsor: City of Lake Elsinore
Address: 29885 Second Street, Unit R, Lake Elsinore, CA 92532
,
Project Title: Helping Our People in Elsinore, Inc. (H.O.P.E., Inc.)
Location: 29885 2nd Street, Unit R, Lake Elsinore, CA 92532
FILE: I.LElO2
Descriptis>n: The H.O.P.E. Inc. emergency food pantry works directly with DPSS, LEUSD and 16 non-
profit organization in the Lake Elsinore Valley to distribute food to those in need, such as low/mod
income people,' migrant workers, the elderly and the homeless. CDBG funds will assist in the
purchasing of food, transportation cost, supplies, and rent.
Project Budget:
I) Architect/Engineer Design Costs
2) Administration Costs
. 3) Planning Costs
4) Acquisition Costs
5) Construction Costs
6) Relocation Costs .
7) Equipment Costs
8) Other Costs
9) Operation/Maintenance
10) Contingency
Cost
$
TOTAL
CDBG Approved
$
$6,000
$6,000
ACENDA ITEM NO.
PM! j 3
C1
OF 3&S
EXHffiIT F
Page 2 of3
FILE: l.LE102
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Timetable hnplementation Schedule
Milestone
Start Date
Completion Date
Program Services
July 1, 2005
Submit Quarterly Report
(in accordance to section 26
of Sponsor's Agreement)
October 31, 2005
. January 3 I, 2006
April 30, 2006
July 31, 2006
Semi-Annual Monitoring Site Visit
December 3, 2005
Submit Final Claim for Reimbursement
June 1,2006
Program Services Complete
; June 30; 2006
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ACENDA ITEM NO.-9--
PAC!~OF <~'S
~XHffiIT F
( ~ge3 of3
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ANNUAL COMMUNITY DEVELOPMENT PROGRAM
PROJECT StJMIv,1ARY
3. PERIOD OF APPLICABILITY
FROM
TO
Julv 1. 2005
June 30. 2006
FILE: I.LEI 02
I. NAME OF APPLICANT
County of Riverside
2. APPLICATION/GRANT NUMBER
B-05-UC-06-0506 .
4. XOriginal (each year)
_Revision, Date
_Amendment, Date
6. PROJECT NUMBER
I.LEI02
7. ENVIRONMENTAL REVIEW STATUS
Exempt
5. NAME OF PROJECT
Helping Our People
in Elsinore, Inc. (II.O.P.E., Inc.)
8. ENTITY WITH RESPONSffiILITY FOR CARRYING OUT TIlE PROJECT
City of Lake Elsinore
9. TELEPHONE NUMBER
(951) 245-7510
. 10. DESCRIPTION OF PROJECT: The H.O.P .E. Inc. emergency food pantry works directly with DPSS, LEUSD and 16
non-profit organization in the Lake Elsinore Valley to distribute food to those in need, such as low/mod income
people, migrant workers, the elderly and the homeless. CDBG funds will assist in the purchasing of food,
transportation cost, supplies, and rent.
PROGRAM YEAR FUNDS(in thousands of$)
OTIlER
Amount
BENEFIT: 570.208 (a)(2)(i)(A)
n ELIGffiILITY: 570.201 (e)
II. CENSUS TRACT(S)!ENUMERA TION DISTRICT(S)
N/A
12. ANTICIPATED ACCOMPLISHMENTS:
Provide services to 1,500 elderly,.homeless, and low/mod families
13. CDBG COMPONENT ACTIVITIES
(List component activities using names
of activities shown in Part A, COST
SUMMARY. Form HUD-7067.)
(a)
CDBG
Low/Mod
Benefit
(b)
Other
Benefit
(c)
Source
(d)
(e)
Public Services
$6.000
14. Totals
$6.000
15. Total Costs To Be Paid With Community Development Grant Funds
(Sum of Columns b and c) $6.000
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ACiENDA ITEM NO.~
PAC!! 35 OF ?>'S
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MAYOR AND CITY COUNCIL
ROBERT A.BRADY, pTY MANAGER
OCTOBER 11,2005
EXTENSION OF TIME NO. 2005-02 FOR TENTATIVE
PARCEL MAP NO. 31051
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
FROM:
DATE:
SUBJECT:
APPLICANT
Glen Daigle
Oak Grove Equities'
28991 Old Town Front Street, Suite 207
Temecula, California 92590
. 1'<
BACKGROUND
,'I.
At their regular meeting of September 2, 2003; the Planning Commission considered
and recommended approval of Tentative Parcel Map No. 31051 to the City Council.
. .'
Oil September 23,~2003 the City Council approved the referenced Tentative Parcel
Map.
The applicant made a request of an Extension of Time for Tentative Parcel Map No.
31051 and Mitigated Negative Declaration No. 2003-02 via a letter dated August 23,
2005. The Mitigated Negative Declaration No. 2003-02 does nothave an expiration
date: .
,1. ,.
DISCUSSION
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Pursuant to the California Subdivision Map Act Section 66452.6 and Section
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16.24.160 of the Lake Elsinore Municipal Code (LEMC), conditioriiillyapproved
tentative parcel maps shall expire within 24 months of City Council appiovalunless an
extension of time is filed or the map is finaled and recorded. The life of the
subdivision may be extended for up to three (3) years for a totaloffive (5) years,
[Section 66452.6(e) of the Subdivision Map Act].
AOENDA ITEM NO. '2. ~
PACE \ OF \ CO
REPORT TO CITY COUNCIL
OCTOBER 11,2005
Page 2 of2
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According to Section 16.24.160.C of the Lake Elsinore Municipal Code, the City
Council may require that' the land division conform to the applicable latest
requirements in effect at the time an extension is granted. The following Conditions of
Approval have been revised or added as a result of the subject Extension of Time:
No's 1, and 62 through 73.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2005- m approving the
Extension of Time No. 2005-02 for Tentative Parcel Map No. 31051 located at Central
Avenue and Pasadena Street, Assessor's Parcel No's 377-120-007 & 008, based on the
Findings, Exhibits and attached revised Conditions of Approval.
PREPARED BY:
Linda M. Miller, AICP, Associate Planner
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APPROVED FOR
AGENDA BY:
ATTACHMENTS:
L Vicinity Map '.
2. Resolution No. 2005- _ approving an Extension of Time No. 2005-02 for
Tentative Parcel Map No. 31051.
3. Revised Conditions of Approval
4. 8ity Council report dated September 23, 2003
5. Reduction of Tentative Parcel Map No. 31051
6. Full-sized Exhibits of Tentative Parcel Map No: 31051
:' " " . ... ' . ' ,;..,
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U;llmillerlALLFILESlReportslCC Rptsl20051CC Report Extension ofT imeTPM~1051 IO.n.05.doc' '." ... U
AGENDA ITEM NO,_..2l__
PACE..2-_:~. J .8._
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VICINITY MAP
APN 377-120-007 & 377-120-008
EXTENSION OF TIME FOR TPM NO. 31051
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OCTOBER 11, 2005
AGENDA ITEM NO. '2. \ .. -
PACE ., ~OF \ '{ -
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RESOLUTION NO.2005-1:Li
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING AN
EXTENSION OF TIME NO. 2005-02 FOR TENTATIVE
PARCEL MAP NO. 31051 LOCATED AT CENTRAL
AVENUE AND PASADENA STREET
WHEREAS, Glen Daigle, Oak Grove Equities, has initiated proceedings for an Extension
of Time No. 2005-02 for Tentative Parcel Map 3105]; and .
WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the
responsibility of approving Extension of Time for Tentative Parcel Maps; and' .
WHEREAS, the City Council of the City of Lake Elsinore certified Mitigated Negative
Declaration No. 2003-02 for Tentative Parcel Map No. 3]05], and making a determination that
the document was adequate and prepared in accordance with the requirements of the California
Environmental Quality Act (CEQA); and
NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY U
RESOLVE as follows: .
SECTION 1. The City . Council has considered the request for the Extension of Time
No. 2005-02 for Tentative Parcel Map 31051. The City Council finds and determines that in
accordance with State Subdivision and Planning Law, and the City of Lake Elsinore's Genenil
. Plan and the Lake Elsinore Municipal Code (LEMC) that approval of Extension of Time No.
2005-02 for Te.ntative Parcel Map 3105] is consistent with all of the required procedures,
policies, guidelines and provisions based on the following findings: .
1. The proposed Extension of Time for the subdivision krlown as Tentative Parcel Map
31051 (project) 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.
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 by encouraging the: development of commercial land uses that
strengthen the City's economic base and offer a range of enterprises that serve the needs
of the residents and visitors.
2. Subject to the attached conditions of approval, the proposed project is not anticipated to .
result in any significant environmental impact.
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AGENDA ITEM NO.-2..L-
.... PAGE 4 ~OF_ I ~--
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CITY COUNCIL RESOLUtiON FOR .
TENTATIVE PARCEL MAP NO. 31051
Page 2 of2
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Theproject has been adequately conditioned by all applicable departments and agencies
and will not therefore result in;any significant eflvironmental impacts.
PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council of the
City of Lake Elsinore, California, that t~e request Jor an Extension of Time No. 2005-02,for
Tentative Parcel Map No. 31051 be approved. . ." . . .. ' ,
PASSED, APPROVED AND ADOPTED this, ll'hday of October 2005, 'by ,the
following vote:
AYES:
COUNCILMEMBERS: .,
. NOES::
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
:1:
ABSTAIN:
COUNCILMEMBERS:
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,Robert Magee"Mayor'
City of Lake Elsinore
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ATTEST:
". H
Frederick Ray, City Clerk. .
APPROVED AS TO FORM:
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Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
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(SEAL)
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AGENDA 1m" NO.
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PACE 0
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OF~
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CONDITIONS OF APPROVAL FOR
TENTATIVE PARCEL MAP NO. 31051
APN 377-120-007 and 008
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PLANNING DIVISION
(Note: Fees listed in the Conditions of Approval are the best estimates available at the time of approval. The exact
fee amounts will be reviewed at the time of bui/dingpermitissuance and may bemised.)
I. Tentative Parcel Map No: '31051 Will expire two '(2)' years from September 23, 2005 aRte ef
Rl'l're. "j unless within that period of time a final map has been filed with the County Recorder,.
or an extension of time is granted by the City of Lake Elsinore City Council in accordance with
the Subdivision Map Act. Tentative Parcel Map No. 31051 will eXpire on September 23, 2007.
2. Tentative Parcel Map No. 31051 shall comply with the State of California Subdivision Map Act
and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title
16 unless modified by approved Conditions of Approval. ' .
3. Approval of this subdivision is subject to the mitigations 'measures listed within the Mitigated
Negative Declaration No. 2003-02
4. The applicant shall defend (with counsel acceptable to the City), indeinnify, and hold harmless
the City, its Official, Officers, Employees,' and Agehts from any claim, action, or proceeding
against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul U
an approval of the City, its advisory agencies, appeal boards, or legislative body concerning
Tentative Parcel Map No. 31051, which action is bought within the time period provided for in
California Government Code Sections 65009 and/or 66499.37, and Public Resources Code
Section 21167. The City will promptly notify the Applicant of any such claim, action, or
proceeding against the City and will cooperate fully with the defense. If the City fails to
promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not,
thereafter, be responsible to defend, indemnify, or hold harmless the City.
5. The applicant shall sign and return an "Acknowledgment of Conditions" to the COmmunity
Development Department within 30 days of the Tentative Parcel Map approval.
6. Prior to final map approval of Tentative Parcel Map No. 31051, the improvements specified
herein and recommended approved by the Planning Commission and approved by 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.
7. All of the improvements shall be designed by developer's Civil Engineer to the specifications
of the City of Lake Elsinore.
8. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD)..
Pagelof7
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AGENDA ITEM NO.
PAGE if>
'7\
OF ..J6.-
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CONDITIONS OF APPROVAL FOR
TENTATIVE', PARCEL MAP NO. 31051
n ' APN 377-120-007 'and 008 '
9. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore,
Unified School District (LEUSD) prior to issuance of building permits.
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'10. Pay all applicable park fees ill force anim~ of issuance of building permits, '
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I I.' ' The applicant shall provide connection to public sewer for each lot' within the subdivision prior
'to building permit, No 'service Literals 'shall cross adjacent, property lines and shall be
delineated on engineering sewer plans and profiles for submittal to the EVMWD.
12. MeetallreqUirements of the proviClillg electric utilitY campa;'}".'
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13. Meet all requirements of the providing gas utility company.
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14. Meet all requirements of cl,e providing telephone utility comp~ny.
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15. '!be applicant shall comply with ,all requirements of the Riverside County Fire Department.
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16. All trailers; mailboxes and 'signage used' dUring
."Division review and approval prjor to jn~tallation.
. -' . ... '
c~;'s~ction' shall be subject to Planning
n 17. All developmentassoci~t~d with,' this map requires s~parate Design Review:approvaI'lllirsuant
to Section 17.82 of the Lake Elsino~e Municipal Code. ' . ' , , ",'
I 8. Prior to building permit the ,applicant' shall ~ubniit a ~ign Program for the entire complex. This '
Program shall include size, location and color restricts for each building. The program shall
,include size, location and color for any monuments signs" '
. .' -,
19. },a.Ea. irenmeatM Cefi3traint SI~eet ,shan be artadiea t';aaa r~ tie 00 ecl~s 'part ~f !be Final Mal'
preeess. The Ea'.ir'enmcnral Censtrain Skeet skan aere that Pareels 7, 8,9 aaa 10 afete be
a. eiaea illitil replaeemeat habitat is fO,liaa at, a rnini1ffilm ratie ef}:1 per rb.e re'luiremeat of
the Departmcnt 8f Fisl, aad Came. The eooaersma} seel, appre.al ef alteraare a1ftigatiea
frem U.S. Fisk & Came aRa the City ef Lal<e,Elsiner~ if rb.!, c,.1stiag eaffl8nmeatall) impaetd
situatieR (\icren r8el<cry) ckaages, ' ,
. I ,&vised.at P/anningCom;"issionSeptember 2,2003 '
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20. .The applicant shall record a CC&R that provides for irrevocable reciprocal l"arI.tftg, circulation,
" ingress, and egress,Joading and landscaping .majntenance,easements in favor of all lots, It shall
also enforce st~ndards of building maintenance and participation in landscape maintenance.
The CC&R shall be approved by, the Cptntnwllty DeveloprrlCnt Director prior to building
permit.
Revised at Planning Commission September 2,2003
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AGENDA ITE'M NO.
PACE ~
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CONDITIONS OF APPROVAL FOR .
TENTATIVE PARCEL MAP NO. 31051
APN 377-120-007 and 008
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ENGINEERING DIVISION
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21. All Public Works requirements shall. be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code, (LEMC) prior to final map app~ovat
22.. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution85-26). The traffic,
. mitigation fee. is $0.71 per, sq. ft. of building area and the drainage fee is $95,297, (Warm
Springs WestDistr.).
23.
Submit a "Will Serve" letter to ,the City Engineering Diyi~ion from the applicable water agency
stating that water and sewer arrangements have been made for this project. Submit this letter
prior to final map approval,
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24. Applicant shall dedicate a 50 ft. haif section on Central Ave., a 60 ft. half section on Collier
Ave, and a 45 ft. half section on Pa~adena St. and show on the parcel map. "
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25. Co~struct all public works improvements per approved ~treet plans (LEMC 12.04). Plans
must be approved and signedby the City Engineer prior to final map approval (LEMC 16,34).
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26. Street improvement plans and specifications shall be' prepared by a ,CaliCRegistered Civil
Engineer. Improvements shall be designed and constructed to Riverside County Road U
Dep'arrmeni Standards, latest edition; and City Codes (LEMc; 12.04 and16.34), .
27. Applicant shall enter into an agreement with the City for, the construction of public works
. improvements and shall post the appropriate bords' prior to' final 'map approval; ,
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28. The applicant shall be required to place the finalAC pavement overlay on the entire width' of
Central A venue to Collier Avenue. The alBa!; the existing curb and gutter along Central Avenue shall
be allowed to remain in place and the applicant shall dedicate the necessary right-ofw'!J along Central to the '
,Citj. "
Revised I1t Planning Commission September 2;2003
29.' Applicant shall obtain any necessary Caltrans permits'and meet all Caltrans requirements.
30. Pay all fees and meet requirements of encroachnient permit issued by the Erigineering Division
for construction of public works improvemen~s (LEMC 12.08 and Resolution 83-78).
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31. AU compaction reports, grade certifications, monument certifications (with tie notes delineated
on 8 %" x 11" Mylar) shall be submitted to the.EngineenngDivision before' fmalinspection of
public works' improvements will be scheduled and approved.
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ACENDA ITEM NO.
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CONDITIONS OF APPROVAL FOR
TENTATIVE PARCEL MAP NO,'31051
APN 377-120-007 and 008
32. '
< .. . .
Applicant shall obtain all necessary off-site' easements for off-site grading from the adjacent
propertY owners prior to final map approval. '
33. Arrapgements for relocation of utility company facilities (power poles, vaults, etc.) out of the
roadway or alley shaIi be the responsibility of the property owner or his agent.
34. Provide ftre protection facilities as required in writing by Riverside County Fire.
35. Provide street lighting and show lightipg improvements as part of street improvement plans as
required by the City Engineer.
, 36. Developer shall install blue reflective pavement markers ill the street at all fIre hydrant
locations.
37. ' Applicant shall s{.bmit a trafftc control plan showing all traffic control devices for the tract to '
be approved prior to final map approval. All trafftc control devices shall be installed prior to
final inspection of public improvements. This includes No Parking and Street Sweeping Signs
for streets witliin the tract. ,,"
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38. All improvement plans and tract maps shall be digitized. At Certiftcate of Occupancy applicant
shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer
to'pay $300 per sheet for City digitizin'g. .,'
39. ,All utilities except electrical over 12 kv shall be placed underground, as appro,:"ed by the
servirig utility. ' ., ' .
40. Apply and obtain a 'grading permit with appropriate security prior to building permit issuance.
A grading plin signed and stamped bya Calif.' Registered Civil Engineer shall be required if the
grading exceeds 50 cubic yards or the existing flow pattern is' 'substantially . modifted as
determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is
!lot required, a grading permit shall still be obtained so that a'ctlhory drainage and flow pattern
inspection can be conducted before grading begins. ' , ' . ,
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41. ,Provide soils, geology and seismic report including street design recommendations. Provide
, final soils rep6rt showingcompliancewith recommendations:
42. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults
and/ or liquefaction zones present on~site, ",
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43. 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.
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AGENDA ITEM NO. ::? \
PACiE-4.=OF --t2
CONDITIONS OF APPROVAL FOR
TENTATIVE PARCEL MAP NO. 31051
APN 377-120-007 and 008
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44. 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".
45. All natural drainage traversing site shaUbe co~veyed 'through the site, or shall be collected and
conveyed by a method approved by the City Engineer. ' '
46. Meet all requirements ofLEMe 15.64 regarding flood hazard regulatio;;s:
47. Meet all requirements of LEMC 15.68 regarding floodplain man~gement. Part of this site is in ' '
FEMA Flood Zone AE and the finish floor elevation must be at or above an elevation of
,1260. Part of this site is in,FEMA Flood Zone AO and the,finish floor elevation must at least
one foot above the adjacent grade. .
48. The applicant to provide FEMA e1evatio~.certificates priorto certificate of occupancies where
, applicable.
49. Submit Hydrology and Hydraulic Reports for review and approval'by City~ngineer 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.
. - . , .
50. All drainage facilities in this tract shall be constructed to Riverside CoUnty Flood' Control
District Standards.
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51.
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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.
52.
, Roof and yard drains will not be allowed to outl~t through cuts in the stre~t curb.' Roof drains
should drain to a landscaped area when ever feasible. . '
53.,
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10 year storm runoff sqould be contained within the c~b atidthe 100 year si~rm runoff
should be contained within the street right~of"way. :when either of these criteria is exceeded,
drainage facilities should be installed. ' ,
54.
A drainage acceptance letter will b~ necessary from the downstrea~
outletting the proposed stormwater ~-off on private property. "
55. Developer shall be subject to all Master Planned Drainage fees and will r~ceive credit for all "
Master Planned Drainage facilities constructed. " . "
, ,
prop.efty .O\yners ,for
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AGENDA ITEM NO. '2 ~
llAGE--0--0F I ~.__..
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CONDITIONS OF APPROVAL FOR
TENTATIVE PARCEL MAP NO. 3i051
APN 377-120-007 and 008
56. 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 peirnits. The applicant shall proVide a SWPPP for
post construction which describesBMP's thai Will be implemented for the development and
including maintenance responsibilities.
57. Education guidelines and Best Manag~ment 'Practices (BMP)' shall be provided to .building
owners for outdoor storage, building maintenance, vehicle maintenance and landscaping as
well as . (jiber environmental awareness edutation 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.
58. Lots that front Collier Ave. shill have their access restricted on Collier Ave. and so noted on
the final map.
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59. All parcels shall have direct access to 'public. right-of-way or be. provided with a minimum 25
foot ingress and egress easement to public right-of-way by separate instrument or through map
recordation. The width and turning radii of access easements must be approved by Riverside
Fire Dept. prior to final map approval.
60. Applicant shall cause to be recorded a CC&R which provides for irrevocable' reciprocal
parking, circulation, loading and landscape maintenance easement in favor of all lots subject to
. the approval of the 'director of Community Development & the City Attorney. The CC& R ' .
shall enforce standards of building" maintenance, participation in landscape maintenance,.
prohibition of outside vehicle or material storage.
61. In accordance with the City's Franchise Agreement for waste disposal & recycling, the
applicant shall be required to contract. with CR&R Inc. for removal arid disposal of all waste
material, debris, vegetation and other mbbish generated during cleaning, demolition, clear and
grubbing or all other phases of construction.
mE FOLLOWING CONDmONS OF APPRO V ALARE PART OF mE EXTENSION OF
TIME, CITY COUNCIL HEARING, OCTOBER 11,2005:'
62. Existing Conditions of Approval are in effect with the ftllowing revisions and additions.
Prior to issuance of building permit:
63.
Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area
drainage fee, traffic impact fee (lIp), encroachment permit fees and inspection fees associated with the project
and its development. The fees shall be based on the latest fee rates approved ry City Council.
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Page 6 of7
AGENDA ITEM NO. ?\
PACe.-11.-: OF -L e
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CONDITIONS OF APPROVAL FOR
TENTATIVE PARCEL MAP NO. 31051
APN 377-120-007 and 008.
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Priorlo approval of final map:
64. Dedicate a full. halfwidth right-of-way for Collier, Avenue consistent with' the recommendations of the
approved traffic stu& of Tentative Parcel Map 33056.
65. Construct full halfwidth road improvements along the project frontage of Collier Avenue consistent with the
recommendations included in the approved traffic stu& of Tentative Parcel Map 33056.
66. Dedicate full halfwidth. right-of-way for Central Avenue. Half width shall be consistent with the
recommendations of the approved traffic stu& of Tentative Parcel Map 33056.
67. Construct full halfwidth street improvements along the project frontage of Central Avenue consistent with
recommendations of the approved traffic stu& ofTef!tative Parcel Map 33056.
68. Dedicate full halfwidth right-of-way for Pasadena Street such that the half width. is 30feet. Street
improvements shall be conditioned on the parcel adjacentto Pasadena Street when a submittal is received.
General Requirements:
69.
All street improvements on State Route 74 (Collier Avenue) shall require an encroachment permit from
CALTRANS.
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70. Applicant shall comply with th~ mitigation described in the approved traffic plan including contribution
towards.the improvements in the SR74 / 1-15 interim interchange improvements. '" '
'.
71. The entrance on Collier shall provide for a dedicated right turn/ deceleration lane
72. Applicant shall provide for detention of the incremrntal increase in stormwater runtiff. Calculations shall be
consistent with Riverside County Flood Control standards.
73. Street improvements shall include road and drainage improvements, street lighting, traffic signing and striping.
"
*Italics indicates addition to text, strikethr6t1f,h indic~tes removal from text.
Page 7 of?
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ACENOA ITEM NO. '7 \
PACE ---l.d:::. OF
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCILIREDEVELOPMENT AGENCY
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TO: HONORABLE MAYOR AND. MEMBERS OF THE CITY COUNCIL.
AND REDEVELOPMENT AGENCY
FROM: . RICHARD i WA.tENP AUGH, CITY MANAGER;
DATE:
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING OF
SEPTEMBER 23, 2003 .
TENTATIVE pARCEL MAp NO. 31051 (APN 377-120-007 & 008)
SUBJECT:
BACKGROUND
At their regular meeting of Sept~m~~~ 2~ 2003. tht::Plamii~gCo~is~lon ~dopted Resolution No.
2003-72 recommending that City Council approve Tentative Parcel Map No: 31051 subdividing
approximately 20. acres of vacant land into 24 industrial parcels. (Minutes, Staff Report, and
revised Conditions of Approval attached). ..
.'<.
DISCUSSION :
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Discussion was limited to. corrections of three Conditions of Approval, Numbers 19, 20,and 28,
and clarification on other conditions. The applicant questioned the inclusion of Condition No. I?
..' .' ,
Staff found that this condition was included in error and removed Condition No. 19, as well as
the word "parking" from Condition No. 20. Condition No. 28 was revised to read:
,
The applicant shall be required to place the final AC pavement overlay on the
entire width of Central Avenue to Collier Avenue. The along the existing cUrb and
gutter along Central Avenue shall be allowed to remain in place and the applicant
shall dedicate the necessary right-ol-way along Central to the City (Note: Italics
indicates addition to text, strikethr~llgh indicates' removal of text). .
ENVIRONMENTAL
Pursuant to Section 15070 of the California Environmental Quality Act (CEQA) Negative
Declaration No. 2003-02 has been prepared and was reviewed by the Planning Commission at
their regular schedullid'meeting of Auiust' 19, "ZOOr The. Planning Commission adopted'
Resolution No. 2003-66 recommending to City Council certification of Mitigated Negative
Declaration No. 2003-02. The Mitigated Negative Declaration No. 2003-02 is before the City
Council along with the accompanying Design Review of Industrial Project No. 2002-04.
FISCAL IMPACT
n Fiscallmpacts associated with this project have been deemed insignificant.
AGENDA ITEM NO. J ( _
PACiE~OF-l0
I f
REPORT TO THE cn ~ COUNCIL AND REDEVELOPMlb, i AGENCY
SEPTEMBER 23, 2003
Page 2 of2
SUBJECT:
TENTATIVE PARCEL MAP NO. 31051 (APN 377-120-007 & 008)
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FINDINGS
Tentative Tract Map No. 31051
1. The proposed subdivision, together with the provISIons for its design and
improvement, is consistent with th~ General Plan. ' The proposed subdivision is
compatible with the objectives, policies, general land uses and programs specified in
the General Plan (Government Code Section 66473.5). .
.l.
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2. The effects this project is likely to have upon the housing needs of the region, tl)e
public service requirements of its residents and the available fiscal and environinental.
resources have been considered and balanced.
3. Subject to the attached conditions of approval, the proposed project is not anticipated
. ' to' result in any significant environmental impact. .
RECOMMENDATIONS
Staffrecommends that City Council approve Tentative Tract Map No. 31051 which subdivides
approximately 20 acres of land into 24 industrial parcels. Approval is based on Exhibits,
Findings, and subject to the attached revised Conditions of Approval. The project site is located
in Project Area No. 1 of the Redevelopment Agency Project Area Boundary; therefore, it is also
recommended that the Redevelopment Agericy concur with City Council Action.
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PREPARED BY:
Linda M. Miller, AlCP, Associate Planner
REVIEWED BY:.
"
APPROVED BY:
G. Villa, Planning & Code Enforcement Manager
ct '..; "
rt A: Brady, AlCP, C munity Development Director
APPROVED FOR
AGENDA LISTING:
Richard J. Watenpaugb, City Manager
Exhibit' A' .
Exhibit' B'
Exhibir'C; ,
Exhibit 'D' . .,
Minutes from Planning Commission September 2, 2003/Revised Conditions of Approval
Planning Commission's StaffRepoJ1, September 2. 2003 . ,
Full Sized Exhibit . ..
Full Sized Color Exhibit (presented at Hearing)
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AGENDA ITEM NO. '2 I
. PAGE~ if OF /0
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MINUTES'
, '
PLANNING COMMISSION MEETING
" ,CITY OF,LAKE ELSINORE
i83 NORJ'H MAINSTREEJ' ' " r
LAKE ELSINORE, CA 92530
". ,...'
"
TUESDAY, SEPTEMBER 2, 2003 '
"., .
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,Chairman Barnes called the Regular Planning COmnUssion Meeting' of September 2, 2003 to
order at 6:01 PM: '"
The Pledge of Allegiance was led by Commissioner LaPere.
> I f- 'I'
ROLL CALL '
" '
PRESENT: COMMISSIONERS:
,:i
", BARNES; MATTHIES,"NASH; LAPERE &
. UHLRY
','.".;'
ABSENT:
COMMISSIONERS:
NONE-
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c.
Also present were: Community Development Dir<ictor 'Brady,' Phiiining & Code Enforc~ent
Manager Villa, Associate Planner Miller, Associate Planner Preisendanz, City Engineer O'Donnell,
Community Development Technician Hennings, Office Specialist Porche' and Deputy City
Attorney_Miles. -- .,'
2XH1Blt '6'
0(- 7. ~~o ~
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PUBLIC COMMENTS.-'
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None
I,",
CONSENT CALENDAR
'c.~
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. MOVED - BY LAPERE-'SECONDED BY MATTHIES AND' CARRIED ' BY
UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT
CALENDAR AS PRESENTED.
," '.
1. Minutes: . . '.
Planning Commission Regular Meeting - August 19, 2003
.... ,
PUBLIC HEARINGS
2. Tentative.Parcel Map No. 31051. Cornerstone Group ,," -"
-.
Chairman Barnes opened the Public Hearing at 6:03 PM, and requested the reading of the
Staff Report.
ACENDA ITEM NO. 1. \
PAGE--tfLOF -ill-
PAGE 2 - PLANNING COMMISSION MINUTES - September 2, 2003
Community Development Director Brady indicated that this is a request for a Tentative U
Parcel Map located in the Limited Industrial District at Pasadena Street, Collier A venue, and
Central Avenue, and requested Associate Planner Miller to review it with the Commission.
Associate Planner Miller stated that before she discussed the project, the applicant pointed
out a couple of changes to the Conditions of Approval. She stated that one of the changes
. would b~ to Condition No. 19,which do~ not refer.to this project and could be deleted.
She stated that the next change would be to Condition No. 20. She indicated that the
applicant has requested to delete the word "parking" in the sentence.
"
Associate Planner Miller stated that this project would subdivide 20 acres of vacant land into
24 parcels to be used as a future industrial project. She stated. that the proposed project
would range in sizes from 12,971 to 213,831 square feet. She indicated that access to the
buildings would be off Central and Pasadena Avenue: She indicated that. Staff
rec~minended approval of this pr~ject based on the Findings, Exhibits and is subject to the
Conditions of Approval. She stated that the applicant is present this evening to answer any
questions that the Commission may have. .
Chairman Barnes requested comments from the public.
Russell Sharp, representing Cornerstone Group, 1485 Spruce Street, Ste. H, Riverside, CA
indicated that he concurs with the changes to the Conditions of Approval, and had no
further comments.
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There being no further comments from the public, discussion was brought back to the
Commission.
Commissioner UWry asked the applicant if Condition No. 28 had been resolved.
Gary Washburn, 905 West Lakeshore Drive indicated that the issue with Condition No. 28
had not yet been resolved. He stated that he hoped that the Condition would be resolved
prior to the City Council meeting. He suggested change the language of the Condition to
read the same as in the Industrial Project No. I 2002-04.
City Engineer O'Donnell stated that the existing curb and gutter would remain on lot 24 and
the applicant would give the City the right-of-way that is required.
"Ii'.
Commissioner UWry had no further comments.
Vice Chairwoman Matthies had no comments.
Commissioner LaPere asked the applicant if they agreed to Conditions No. 25 and 27.
Gary Washburn indicated thai the Conditions were per Code and would agree to those
Conditions.
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AGENDA ITEM NO. 2. \
PAGE-+6-0F (~
PAGE 3 - PLANNING CpMMISSION MINUTES - September 2, 2003
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Commissioner LaPere had no further comments.
Commissioner Nash had no comments
Chairman Barnes had no comments.
There being no further comments,<eh:illman Barnes closed the Public Heanng @ (;:16 PM
and requested the reading of the Resolution.' "
, "
MOVED BY LAPERE, SECONDED BY UHLRY, AND PASSED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO.
2003-72, A RESOLUTION OFTHEPLANNING COMMISSION OF THE CITY
OF LAKE, ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF TENTATIVE
PARCEL MAP 31051 TO INCLUDE THE CHANGES TO THE MENTIONED
CONDITIONS OF APPROVAL.
3.
C nditional Use Permit No. 2003-03 Varianc' No. 2003-04 and Commercial Pr 'ect
No. 200 3 - Manufactured Homes Sales L .
Community'Develo
t 6:17 PM and requested the reading of the
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Community Development Te Clan e~gs; stated that the project is approximately 1 %
acres, and would feature five m '~ ctured homes, and' office building, spec room, and a,
utility/storage room" She statedtli the applicant is requesting a variance due toa request'
to reduce the front setback from 'e erage of 20 feet to 10 feet. She, indicated that the
Conditional Use Pernrit is for out or display of the models. She stated, that the
applicant has provided addition . dscap' and walkways to create a park-like ~etting. She,
indicated that the models are no to be occup' 'atany time, but rather for display only. She i
stated that the applicant is r uesting to rotat the models every 2 to 5 years, and the
approval process to be hand! as a Adrninistrativ esign Review with the approval of the
Community Development D' ector. '
Community Development , echnician Hennings stated t Staf( supports the, approval of
the project based on' the indings, Exhibits and is subject 0 the Conditions of Approval.
, ,
She indicated that the ap . cant is present to answer any ques, ns that the Commission' may
have. '
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ted comments from the public.
AGENDA ITEM NO.
PACE 11
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OF 10
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:.
MAYOR AND CITY COUNCIL
FROM:
. , ROBERT A. BRADY, CITY MANAGER
DATE:
OCTOBER 11, 2005
SUBJECT:
TENTATIVE TRACT MAP ~O.32786
. '-"
APPLICANT:
. JOHN NEU,CENTEX fIOMES, 2280 W ARDLOWCIRCLE
SUITE NO. 150, CORONA CA 92880' .
(."
.
REOUEST .
, ;j't;:.
The applicant requests approval of:
· Findings of Consistency with the Multiple Species Habitat Conservation
: ,Plan(MSHCP), . .
. Mitigated Negative Declaration No. 2005-09
~.. Tentative Tract Map No. 327,86
BACKGROUND
The proposed project was presented to the Planning Commission on September 20,
2005. The Planning Commission recommended approval of the project and adopted
Resolution No. 2005-110 reco:mri1ending to the City Council adoption of MSHCP
Consistency Findings; Resolution No. 2005-111 recommending to the City Council .
adoption of Mitigated Negative Declaration No. 2005-09; Resolution No. 2005-112
recommending to the City Council approval of Tentative Tract Map No.. 32786 (PC
Minutes, Staff Report, Conditions ofApPI:oval, Resolution, and Exhibits attached).'
1 .
The environmental review period for the.proposed Mitigated Negative Declaration,
was considered from July 8, 2005 to August 9,2005. Staff received six letters from
various governmental agencies. In response, a final Mitigated Negative Declaration
has been prepared in accordance with the California Environmental Quality Act .
(CEQA). Generally, Final MNDs do not include responses to comments per CEQA.
U :\kcoury\ TTM _ 32786\CC Staff Report.doc
Agenda Ite~ No, 2').'
Page] of 50
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REPORT TO THE CITY COUNCIL
OCTOBER 11,2005
Page 2 of3
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However, the City, as the Lead Agency, has determined that the documents for the
Proposed Project would be prepared to the same level of detail as an Environmental
Impact Report (EIR). All impacts resulting from the Proposed Project can be mitigated
to a level of "less than significant."
DISCUSSION
Items of discussion at the Planning Commission Hearing were related to the site
design, project improvements and various environmental issues (i.e. traffic, circulation,
water, drainage, grading, dust' control; etc.). The Commission expressed satisfaction
with the design and layout of the proposed project. It was the majority consensus of
the Planning Commission to accept staff s recommendation of approval with revisions
to Conditions of Approval No(s) 60, 61, 63, 72 and 76. (See attached City Council
Conditions of Approval). .
RECOMMENDATION
The Planning Commission recommends that the City Council approve the following
applications based on the Findings, Conditions of Approval and Exhibits. U
1. Resolution No. 2005-r&; adopting Findings of Consistency with the Multiple
Species Habitat Conservation Plan (MSHCP)
2. Resolution No. 2005-m adopting Mitigated Negative Declaration No. 2005-09. .
3. Resolution No. 2005-1.50 adopting Tentative Tract Map No. 32786.
. .
PREPAREDBY:KIRT A.COURY, ASSOCIAT~ PLANNER.
APPROVED FOR
AGENDA BY: ..
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ATTACHMENTS
1. . Vicinity Map.. .
2. Conceptual Site Plan.
U:\kcoury\TTM_32786\CC StaffReportdoc
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Agenda Item No. .2.2-
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REPORT TO THE CITY COUNCIL
OCTOBER 11, 2005
Page 3 of 3
3.
4.
5.
6.
7.
City Council R~solution No. 2005-_, adopting Findings of Consistency with
the Multiple Species Habitat Conservation Plan (MSHCP).
City Council Resolution No. 2005c _, adopting Mitigated Negative Declaration
No. 2005-09.
Ci.ty CoUncil ResolutionNo. 2005--, 'adopting Tentative TractMap No. 32786.
CitY Council ConditionsofAJ>proval.
Planning Commission Minutes, Staff Report, Resolutions, Conditions of
Approval, and Exhibits from tkSeptemger 20, 2005 meeting.
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U:\kcouryITTM_32786ICC StaffReport.doc
Agenda Item No. 2Q..
Page 3 of ";'0
VICINITY MAP
TIM NO. 32786
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PROJECT SITE
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AGENDA ITEM NO.
PAGE ~-
'2-'2-
OF 5"0
RESOLUTION NO. 200S-fi'
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING
FINDINGS OF CONSISTENCY WITH THE MULTI-
SPECIES HABITAT CONSERVATION PLAN (MSHCP)
FOR THE PROJECT IDENTIFIED AS TENTATIVE
TRACT MAP NO. 32786
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WHEREAS, John Neu, Centex Homes, has submitted application{s) for Mitigated
Negative Declaration No. 2005-09, and Tentative Tract Map No. 32786; and
WHEREAS, Mitigated Negative Declaration No. 2005-09, and Tentative Tract Map No.
32786 together comprise the "project" as defined by Section 21065 of the California
Environmental Quality Act (CEQA), California Public Resources Code ~ 21000 etseq., which is
defined as an activity which may cause either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment and which includes the
issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or
more public agencies; and
WHEREAS, a Mitigated Negative Declaration for the subject project has been prepared
to evaluate environmental impacts resulting with the project; and
WHEREAS, public notice of said project has been given, and the City Council has U
. considered evidence presented by the Community Development Department and other interested .
parties at a public hearing held with respect to this item on October 11, 2005.
SECTION 1. The City Council has considered the proposed Mitigated Negative
Declaration No. 2005-09, and Tentative Tract Map No. 32786. The City Co~ncil finds and
determines that the project identified as Tentative Tract Map No. 32786 is consistent with all of
the required procedures, policies, guidelines and provisions of the MSHCP based on the
following findings:
MSHCP CONSISTENCY FINDINGS
1. The proposed project is a project under the City's MSHCP Resolution that must make an
MSHCP Consistency finding before approval:
Pursuant to the City's MSHCP Resolution, because the proposed project requires a number
of discretionary approvals from the City and is subject to CEQA review, it must be reviewed
for MSHCP consistency, which entails for the proposed project determining whether it is
subject to the City's LEAP process, consistent with the Protection of Species Associated with
Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, f 6.1.2), Protection of
Narrow Endemic Plant Species Guidelines (MSHCP, f 6.1.3), Additional Survey Needs and
Procedures (MSHCP, f 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, f 6.3.2),
Vegetation Mapping (MSHCP. f 6.3.1) requirements, Fuels Management Guidelines
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P:\TTM 32786\CC RESO MSHCP.doc
ACENDA ITEM NO.
PACE (p
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OF 50
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CITY COUNCIL RESOLUTION
Page 2 of 5
TTM 32786 FINDINGS OF CONSISTENCY MSHCP :
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(MSHCP, f 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP
Ordinance, f 4). . . .
2, The proposed project is subject to the Joint Project Revie~ proc'ess. .
. As described in Section 3.l2, Project Impacts, pp. 3.2-14 through 15, of the Draft IS/MND
and the Biological Constraints Analysis, the Proposed Project site islocared within the " .
Elsinore Area Plan of the MSHCP. 0eentire Prop~sed ho)ectsite is approximately 152
acres with only 2.5 acres along the,nqrthern boundary of the project site lqcated within
,MSHCPCriteria.pe1l4157. Per the March 3,2005 project site plan, Terra Cotta Road w,ill
be extended to, theproject boundary, placing aO.i -acre area of the road within Criteria Cell
4157. The remaining 2.4 acres of the Criteria Cell 4157 would remain undeveloped. the,
Lake Elsinore General Plan Circulation Element designates Terra Cotta Road as a
secondary 'road already plarmedfor extension to Nichols Road. In addition, the MSHCp: .
, identifies Terra Cotta Road as a "planned road ".(Figure 7-1 in'MSHCP). Section .7.3.,5 of
the MSHCP; Planned Roads Within Criteria Areas, states that planned roadways are
"Covered Activities ". The MSHCP also states that Co.vered Activities. "will receive Take ,
Authorization under the sectio'n !O(a) Permit and the NCCP Permit, provided these activities
are otherwise lawfuL" MSHCP Def/Acr v (emphasis added). Because constru.i::tion o/Terra
Cotta Road is'the only activity proposed in the Criteria Cell and construction ofTen;a Cotta
. . Road is a Covered Activity,joint projectreview(JPR)does not apply to the Proposed
Project.
In addition, the construction o/,Terra Cotta. Road will only impact 0.1 a~re of the 160 acres
in Criteria Cell 4157, or 0.06 percent of the Criteria Cell. According to the cell conservation
criteria, areas in Cell 4157 to be conserved will be connected to habitat to.the,west and north
of the Criteria Cell, and the conservqtion goal for the Criteria Cell is 45-55 percent focusing
on the western half. The portion oj the project site in the Criteria Cell is located in the
s'outhern- area of the Criteria. Cell", not within the area to .be conserved. . Furthermore,
conservation in the portion of the project within the Criteria Cell substantially exceeds the
conservation goal since 2.4 acres of the 2.5 acre portion within the Criteria Cell (or more
than 95 percent) will be conserved and only 0.1 acre. will be disturbed to construct Terra
Cotta Road.
3. The proposed project is consistent' with the Riparian/Riverine Ar'eas and Vernal Pools'
Guidelines.
In the Draft IS/MND (including Section 3,2.2 and the' D~aft IS/MND Mimc? Consistency
Analysis, Appendix B), a Determination of Biologically Equivalent or Superior Preservation
(DBESP) was prepared in accordan~e with theMSHCP'Riparian/Riverilie 'and Vernal Pool
Policy and was attached to the. MSHCP Consistency Analysis as. an Appendix. The
Determination of Biologically Equivalent or Superior Preservation will be provided under
separate cover letter to the Us. Fish and Wildlife Service and the ,California Department of
P:\TTM 32786\CC RESO MSHCP.doc
AGENDA ITEM NO.
PAGE 7
0-'L
OF So
CITY COUNCIL RESOLUTION
Page 3 of 5
TTM 32786 FINDINGS OF CONSISTENCY MSHCP
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. Fish and Game prior to proje,ct approyal for. 60-day review consistent with the MSHCP. See
MSHCP 6-25.
4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species
Guidelines.
, , . .
The MSHCP requires habitat assessments on the project site for the following narrow
endemic plant sjJecies; California orcutt grass, Hammit's clay-cress, many~stemmed dudleya,
Munz's onion, San Diego amb~osia, San Miguel savory, shinder-horned spinejlower,
spreading havarretia, and Wright 's trichoco~onis. These species were nor' detected on-site
duringfwelve focused botanical surveys performed between February 24, 2004 and June 12,
2005. The p'roposedproject has been determined tobe consistent with the Protection of
Narrow Endemic PlCmt Species Guidelines.
5. The proposed project is consist~nt with the Additional Survey Needs and Procedures.
. .;, '" , . ,
As described in Section 3.2.1.4, Existing Conditions, p. 3.2-8 of the Draft 1S/MND and in the
Biological Constraints Analysis, a habitat suitability assessment for the western. burrowing
owl (BUOW) was conducted. 1n addition, although not required, searches were also made
for BUOW individuals and BUOW occupied ground burrows. 'No BUOW individuals or
Bubw occupied ground burrows were observed on-site during twelve constraints analysis
plant and wildlife field surveys, and sixfocused coastatCalifornia gnatcatcher field surveys.
These surveys were performed on-site on April 10, ,May 15 and June 12, 2005, and February
24, March 19, 25, April 5, 12, 19, 27 and May 4 and n, 2004. Eleven of the surveys were
conducted during the BUOW breeding season of two separate years. The Biological
Constraints Analysis documents the survey results for all species covered by the MSHCP
including the burrowing owl. 'The project is therefore consistent with the Additional Survey
Needs Requirements.
6. . The proposed project is consistent with the UrbanIWildlimdrlnterface Guidelines.
Measures have been incorporated into' the proposed project so that there will be no project-
related drainage, toxics, lighting, noise, invasives, barriers,. and grading/land development
impacts to the Conservation Area. The proposed project is therefore,consistent with the
Urban/Wildlands Interface Guidelines. .
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7. The proposed project is consistent with the Vegetation Mapping requirements.
. . . . . ' . . .
The vegetation of the entire project site has been mapped. This mapping is sufficient under
. the MSHCP and is consistent with the MSHCP.
8. .The propos,ed project is consistent with .the Fuels Management Guidelines.
The proposed project has been designed to include landscape buffers near the proposed
MSHCP Consen'ation Area that will in essence act 'as Fuel Modification.Zones. Within
. these areas there will be fire"resistant, non~invasive plants. Accordingly, with these
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AGENDA ITEM~/O.
PAGE 0
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CITY COUNCIL RESOLUTION
Page 4 of5
TTM 32786 FINDINGS OF CONSISTENCY MSHCP
measures, the proposed project is therefore consistent with the Fuels Management
Guidelines.
9. The proposed project will be conditioned to pay the City's MSHCP Local Development
. Mitigation Fee.
As a condition of approval, the project will be required to pay the City's MSHCP Local.
Development Mitigation Fee at the time of issuance of building permits.
10. The proposed project overall is consistent with the MSHCP.
The proposed project complies and is consistent with all of the required procedures, policies,
and guidelines of the City's MSHCP Resolution and the MSHCP. The applicant has made
revisions to the project or has agreed to specific conditions, which would avoid the effects or
mitigate the effects of the project to a point where no significant effects would occur.
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 Multi-Species Habitat
Conservation Plan Findings of Consistency hereof be adopted. .
PASSED, APPROVED AND ADOPTED this 11th day of October 2005, by the
following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Robert Magee, Mayor
City of Lake Elsinore
ATTEST:
Frederick Ray,
City Clerk
P:\TTM 32786\CC RESO MSHCP.doc
AGENDA ITEM NO.
PAGE q
Q~
OF SO
CITY COUNCIL RESOLUTION
Page 5 of 5
TTM 32786 FINDINGS OF CONSISTENCY MSHCP
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APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore ,
(SEAL)
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AGENDA ITEM NO. '2 '1-..
PNiE )0 OF SV
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RESOLUTION NO. 2005-rtl
A RESOLUTION OF 'THECITY COUNCIL OF THE "
CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING
MITIGATED NEGATIVE DECLARATION NO. 2005-09
FOR THE PROJECT "IDENTIFIED AS TENTATIVE
TRACT"MAPNO.32786 " '.
WHEREAS,' John Neu, C,entex ,Homes, has. submitted a reque.st to adopt Mitigated
Negative Declaration' No. 2005-09 for the project identified as Tentative Tract MapNo. 32786;
and
-,) " . , .
WHEREAS, Mitigated Negative Declaration No: 2005-09'has been prepared to evaluate
environmental impacts resulting with the project; and
WHEREAS, public notice of said project h~s been given, and the City Council has
considered evidence presented by the Community Development Department and 'other interested
parties at a publichearing held with respect to this it~,on October I 1,2005.
SECTION I. The City Council has considered the proposed Mitigated Negative
Declaration No. 2005-09. The City Council finds and detennines that the project identified as
Tentative Tract Map No. 32786 is consistent with all of the required procedures, policies,
guidelines and provisions of the California Environmental Quality Act (CEQA) based on the
following findings: "
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FINDINGS-MITIGATED NEGATIVE DECLARATION
L Revisions in the project plans or proposals made by or agreed,tO by the applicant'befonia '
proposed mitigated negative declaration and initial study are released for public review
would avoid the effects or mitigate tlie effects to a point where clearly no significant effects
would occur; and '
The applicant has made revisions to the project or has agreed to specific conditions which
would avoid the effects or mitigate the effects of the project to a point where no significant,
effects would occur. ' ' , , , '
2. There is no substantial evidence, in the light of the whole record before the agency, that the
project as revised may have significant effect on the environment.
Pursuant to the evidence received in the light of the whole record presented to staff the
project will not have a significant effect on the environment considering the applicable
Conditions of Approval and Mitigation Monitoring Program,
3. Mitigation measures have been required to ensure all potentially significant impacts are
reduced to levels of insignificance.
Mitigation measures have been required which will reduce significant environmental impacts
to the level of insignificance.
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AGENDA ITEM NO.
PAC.E j (
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CITY COUNCIL RESOLUTION
Page 2 of2
MITIGATED NEGATIVE.DECLARATION NO, 2005-09
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PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council
of the City of Lake Elsinore, California, that Mitigated Negative Declaration No. 2005-09 hereof
be adopted.
. PASSED,. APP,ROVED Mm ,ADOPTED this 11th da~ .of October 2005, by the
following vote:
.':...' '
AYES:
L ' '
COUNCILMEMBERS:
, , .\
NOES: COUNCILMEMBERS:
ABSENT: . COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Robert Magee, Mayor
City of Lake Elsinore
ATTEST:
Frederick Ray,
City Clerk
}" , ' ,
APPROVED AS TO FORM:
Barbara Zeid Leibold; City Aitomey
City of Lake Elsinore
)
(SEAL)
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P:\TTM 32786\CC RESO MND.doc
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AGENDA ITEM NO. ') 0
PACE ) 'J-... OF So
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RESOLUTION NO. 2005-~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA APPROVING
. TENTATIVE TRACT ~AP NO. 31957 . .
WHEREAS, John Neu, Centex Homes, has initiated proceedings to approve Tentative
Tract Map No. 32786; and
WHEREAS, the Planning Commission 'of the City of Lake Elsinore at a regular meeting
held on September 20, 2005 made its report upon the desirability of the proposed project and
made its recommendations in favor of the project by adopting Planning Commission Resolution
No. 2005-112 reeommendingto the City Council approval of Tentative Tract Map No. 32786;
and .
WHEREAS, public notice. of said application has been given, and the City Council has
considered evidence presented by the Community Development Department and other interested
parties at a public hearing held with respect to this item on October II, 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 projeci prior to making a
decision to approve Tentative Tract Map No. 32786. The City. Council finds and determines that
Mitigated Negative Declaration No. 2005-09 is adequate and prepared in accordance with the
requirements of the California . Environmental Quality Act (CEQA) which analyzes
environmental effects of the Tentative Tract Map, 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 Tentative Tract Map No. 32786 have
been made as follows:
I. . The proposed subdivision, together with the provisions for the design and improvement, are
consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to
Subdivisions; and the State Subdivision Map Act.
The project is consistent with the designated land use planning orea. development and design
standards, and all other appropriate requirements contained in the General Plan, Zoning
Code, City Municipal Code, and Subdivision Map Act.
2. The proposed subdivision is compatible with the objectives, policies, general land uses and
programs specified in the General Plan (Government Codc 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.
P:\TTM_32786\CC RESO TTM.doc
ACENDA ITEM NO.
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CITY COUNCIL RESOLUTION
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TENTATIVE TRACT MAP NO. 32786
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3. The effects this proposed subdivision is likely to have upon the housing needs of the region,
the public service requirements of its residents, and the available fiscal and environmental
~esources 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 gre-atest extent possibie, for future passive or
natural heating or cooling opportunities in tlie subdivision (Government Code Section
66412.3).
The project will comply with 'all appropriate conservation requirements of the City and
Uniform Building Code., " , , '
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PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council
of the City of Lake Elsinore, California.approval of Tentative Tract Map No. 32786.
AYES:
NOES:
COUNCILMEMBERS:
\ .
this 11th day of October 2005, by the
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PASSED, APPROVED AND ADOPTED
following vote: ; ,'.
COUNCILMEMBERS:
, .'
ABSENT:
COUNCILMEMBERS:
'ABSTAIN: COUNCILMEMBERS:
. ,1.
- .:
Robert Magee, Mayor
City ,of Lake Elsinore
ATTEST:
Frederick.Ray, ;
City Clerk
"\
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lak,e Elsinore
(SEAL) ,," .,'
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GENERAL
,1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold hannless the
,City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or
proceeding against the City, its Officials, Officers, Employees; orAgents to attach, set aside, void, or
annul an approval of the City, its advisory agencies, appeal boards, or legislativebodyconceming
implementation and construction of Tentative Tract Map No. 32786, 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. 32786
2. Tentative Tract Map No. 32786 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 Like Elsinore City Council in accordance with the
Subdivision Map Act and the LEMC
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3. Tentative Tract Map No. 32786 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.
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4. Prior to final certificate of occupancy of Tentative Tract Map No. 32786, the improvements
specified herein and approved by the Planning COnmllssion ahd 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. The applicant shall comply with all thermugauons contained and identified in the Mitigated
Negative Declaration No. 2005-09.
6. All lots shall comply with minimum staridardscontained in the LEMC'
7. A precise survey with closures for boundaries and all lots shall be provided per the LEMC
8. The applicant shall comply with all conditions of the Riverside County Fire Depaitment.
9. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD).
10. All future structural development associated:with this map shall require-separate'Design Review
, approval.
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11. Prior to issuance of any grading pennit and/or building pennit, the applicant shall sign and complete
an "Acknowledgment of Conditi,?ns" and shall return the executed original to the Community
Development Department.
City Council
ApPruVl:d (klubcr 11, 2005
AGENDA ITEM NO. 9 '?
PAGE J S- OF, ')0
CONDITIONS OF APPROVAL
Page 2 of8
TENTATIVE TRACT MAP NO. 32786
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12. The applicant shall comply with the following City programs: the City Source Reduction and
Recycling Elemem and Household Hazardous Waste Elemem, the County Solid Waste Managemem
Plan and Integrated Waste Managemem Plan..
13. Prior to issuance of building pennit, the applicant shall submit a letter of verification (will-serve
letter) to the City Engineer, for all required utility services.
14. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified
School District (LEUSD) prior to issuance of building pennits.
15. The Multiple Species Habitat Conservation Fee (MSHCP) ';"iIl be due upon issuance of each
building pennit.
16. The applicant shall pay all applicable fees including park fees.
17. The applicant shall meet allrequiremems of the providing electric utility company.
18. The applicant shall meet all requiremems of the providing gas utility company.
19. The applicant shall meet all requiremems of the providing telephone utility company.
20. A bond is required guaranteeing the removal of all trailers used during construction.
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21. All signage shall be subject to Planning Division review and approval prior to installation.
22.. 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
23. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the
grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined
by the City Engineer.
24. Prior to commencemem of grading operations, applicant to provide to the City with a map of all
proposed haul routes to be used for movemem of expon material. Such routes shall be subject to
the review and approval of the City Engineer.
25. All grading shall be done under the supervision of a geotechnical engineer and he shall cenify aU
slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater
than 30 ft. in height shall be comoured.
26. The applicant shall adhere to the Conditions of Approval from. tre City Traffic Engineer dated
September 14, 2005. The conditions are included in the Prior to Occupancy ponion. of the U
City (:ounciI
Approved October 11. 2005
AGENDA ITEM NO. I) ')
PAGE /ft:; OF S-o
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CONDITIONS OF APPROVAL
Page3 of 8
TENTATIVE TRACT MAP NO. 32786
Conditions of Approval. '
27. Tract Phasing Plan shall be approved by the City Engineer.
'Phase as approved by the City Engineer: ' .
Bond public improvements for each
., (
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28. An Encroachment Permit shall be obtained prior to anywOlk onGty right-of-way,
29. All utilities except electrical over 12 KV sh;;n be placed Undergrouild, as approved by the serving
utility. Arrangements for relocation of utility compahy'facilities (power poles, vaults; etc.) out of the
roadway: or alley shall be the responsibility of the property owner or his agent. '
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30. UndergroUnd water rights shall be dedicated to the City pursuant to the provisions of Section
16.52.030 (LEMC),and consistent with the City's'agree1llent with the Elsinore Valley Municipal
Water District.
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3 L The applicant shall install peI1narierit bench mms 1'0 Riverside CoUnty Standards and at a location
to be determined by City Engineer. ' , ,
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32: Provide f~e pro~ection facilities as required in writing by Riverside County Fire. Developer shall
provide an approved open' space conservation easement 'for the tracts' open space with, a fuel
modification zone for a fire break to be maintained by a homeowner's association.
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33. Open space lots adjacent to residential lots shall have areas designated as fuel modification zones for
, . ' a firebreak to be maintainedbya homeowner's association: '
" , .
34. Applicant' shall, pay all applicable' development' fees; 'includllig but not all inclusive: TIlMF,
MSHCP,TIF and area drainage fees. ',..'.
35. Hi year storm runoff shall be contairidd within 'the curb and'the 100 year storm runoff shall be
contained within the street right-of-Way. When either' of these criteria ar~ exceeded, drainage
facilities shall be provided.
, 36. Applicant shall protect all downstreampropenies 'from'damages caused. by alteration of the drainage
patterns, i.e., concentrations or diversion of flow., Protection shall be provided by constructing
adequate drainage facilities including enlarging existing facilities arid! or by securing a drainage ~asement.
A maintenance mechanism shall be in place fol' any private drainage facilities construcred on-site or off-
site. Any grading or drainage onto private off site oradjacent property shall require a written permission
to grade and! ora permission to drain leiteI' from the affected landowner.
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37. All drainage facilities in this tract shall be constructed to Riverside CouiJtyFlood Control District
Standards., An access road for maintenance to detention/water quality basins shall be provided. ,
, 38. All'c~mpactio'; reports, grade certifications, monument certifications (with tie notes delineated on 8
~ ff x 11 ff Mylar) shall be submitted to the Engineering Division before fmal inspection of public
works improvements will be scheduled and approved.
(~ity COlUlCil
Appro\'cd October 11.2005
ACENDAlTEM NO. ? 0-
PACE J 7 OF -S-O
CONDITIONS OF APPROVAL
Page 4 of 8
TENTATIVE TRACT MAP NO. 32786
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39. A precise survey with closures for boundaries and all lots shall be pro,nded per the LEMC.
40. Street improvements including street lighting, traffic signals, and traffic signing ~d striping shall be
required as part of this project. The improvements shall be prepared by a registered civil engineer
and shall meet city and/or,riverside county standards. .
41. Street lighting and landscaping on public right-of-way shall be maintained by a maintenance
assessment district or a homeowner's, association.
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42. All open space and slopes except for public pams ;md schools and flood control district facilities,
outside the public right-of-way will be owned and maintained by either a home owner's association
or private property owner. An access road for mainten;mce shall be provided.
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43. All waste material, debris, vegetation and other rubbish generated during cleaning, de~olition, clear
and grubbing or other phases of the constructiol). shall be disposed of at. appropriate recycling
centers. The applicant should contract with CR&R Inc. for ,recycling anq storage container services,
but the applicant may use the services of another recycling vendor. Another recycling vendor, other
than CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is
not using CR&R Inc. for recycling services and the recycling material is either sold Or donated to
another v~ndor, the applicant shall supply proof of debris disposal at a recycling ~enter, including
verification of tonnage by certified weigh master tickets. U
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44. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant
shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris,
vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other
phases of construction.
45. Protect palm trees in place, or contact the Community; Services of City; of Lake Elsinore for Palm
" Tree Preservation Program, LEMC 5.78 Ordinance ~044.
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46. On-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a
letter of drainage accept;mce, or conveyed to a drainage easement. '
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47. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and
. conveyed by a method approved by the City Engineer, .
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48. Roof drains shall not be allowed to outlet directly through coring in the street curb. . ,
, 49. Roofs should drain to a landscape9 area. .
50. Applicant shall comply with all NPDES requirements in effect; including the submittal of an Water
"Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control
Board.
Citv Council
Approved Octuber 11. 2005
AGENDA ITEM NO. f)? >-
PACE I~ OF .sO
U
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, CONDITIONS OF APPROVAL
Page 5 of 8
TENTATIVE TRACT MAP NO. 32786
54, Applicant shall obtain all necessary off"site easements for off"site grading from the adjacemproperty
'ownerspriono'fmalmap'approval: ", ,", '
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55. All Public Works requirements shall be coinpliedwith as a condition of development as specified in
n the Lake Elsinore Municipal Code (LEMC) prior to final map approval.
56. Make an offer of dedication for all public streets and easements required by these conditions or
shown on the Tentative Map. All land so offered shall be granted to the City.free and clear of all
. liens and encumbrances and without cost to the city: ; " ,
57. Some of the improvements shown on the Map and! or required by these conditions are located off-
site'on propertywhich neither the,CitY nonhe subdividermay have no titleor interest to permit the
improvements to bnnade 'without acquisition ohitle or interest. The subdivider shall pay all costs
for acquisition of title or interest.
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, 58:' A Calif. Reg;si:ered Civil' Engineer shall' prepare' street and' drainage improvement plans and
specifications. Improvements shall be designed arid constructed to Riverside COunty Road
Department Standards, latest edition, and City COdes (LEMC 12.04 and 16.34). Street improvement
", plans shall show existing and future profiles at centerlirie of Street, at top of curb and at centerlirie of
., the alley. The profiles' and ~o~tours will extend to 50' beyond ,the property limits; ,
. 59. Interior streets shall'b(~ dedicated and improved to public residential street standards (40'/60') or as
shown in the map. " , . '
60. Construct half-width street improvements on Stoddard Street (from V street to f.mold AVeBa~, ,
Dryden Street, Dolbeer Street, Terra Cotta Road,' and Lakeshore Drive along project frontage. The
improvements shall include ac pavem~nt, curb and gutter,'sidewalk, street lighting, ~igning and
n striping, and necessary drainage improvements '(Amendtri by Planning GmnisSim on Septerrih:r 19, 2005).
CitY Council
Appwv~:d OClOber 1~. 200S
AOENDA lTEi NO. Q "2-
PACE OJ OF S-O
mNDITIONS OF APPROVAL
Page 6 of 8
TENTATIVE TRACT MAP NO. 32786
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61. Construct full half street improvements on Hoff Avenue along project frontage and as shown on the
map(Amendai f?y Plarming Omni5sionon Septeml::er 20, 2005}. .
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62. Construct a 24' temporary ac paved road that connects Hoff Avenue to extension of Terra Cotta
Road. " .
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63. Construct 24' temporary,ac pavement on Stoddard Street, from f..mold AveHHe to Stevens Street
(Amendai by Plarming Carrmission m Sepumlx:r 20, 2005).' .
64. Traffic Signing and Striping plans shall be required with th~ .street imp~ovement plans. Signing and
striping shall be installed in accorcjance with m.~ plans app.fo,;ed by the City Traffic Engineer. .
65. Street ab:mdcrowu shall beprrxessexl muiappruwl pri1Jr te blliklingjJamil iss~l4mEas part offinal map (Amendai
by PlarmingCarrmission on Septrmber 29,.200). ", '
Prior to Issliance ~f a Grading Peimit:
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66. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a
Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding
an~or erosion downstream caused by development of the site and! or diversio~ of drainage.
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67. Provide soils, geology and seismic ~eport 'including street Clesign recommendations. Provide fmal U
.soils report showing compliance with recommendations, "
68. An Alquis- Priolo study shall be performed ~n' the site to identify any hidden earthquake faults
and! or liquefaction zones present on-site.
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69. The applicant. shall obtain aIi ,necessary off-site easements for off-site grading and! or. drainage
, acc,eptance from the adjacent property owners prior to.grading permit isSuance.
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70. Applicant to provide erosion control measures as part of their grading plan. The applicain shall
contribute to protection of storm water quality and meet the goals of the BMP in Supplement" A"
in the Riverside County NPDES Dr~age Area Management Plan.
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71. Applicant shall provide the city with proof of his having filed a Notice. of Intent with the ~egional
Water Quality Control Board for, the National Pollutant Discharge Elimination System (NPDES)
program with a storm water pollution prevention plan prior to issuance of grading permits. The
applicant shall provide a. SWPPP. fN post construction, which describes BMP's that will be
implemented for the development and including maintenance responsibilities.
Prior to Issuance of Building Pennit:
72. . All PublicW orks requirements. shall be complied with as a condition of development as specified in
the Lake Elsinore Municipal Code (LEMC) prior ,to building permit.
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On' Council
Approved O(lobcr 1 L 2005
ACENDA ITEM NO. ? 12
PAGE ;{ 0 OF 56
(\
CONDITIONS OF APPROVAL
Page 70f8
TENTATIVE TRACT MAP NO. 32786
72: Street abandonment shall be processed andappro':e'd prior to bailamg permit i~saaHce. .
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73. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency
stating that water and sewer amuigements have'been .made for this project and speci/)rthe technical
data for the water service at the location. such as water pressure and volume etc. Submit this letter
priorto applying for a building permit., " .
.
74. If the proj~ct is within the FEMAJOO~yr floodplain, theappli~ant must submit a'C~nditional Letter
of Map ~evision (CLOMR) to, FEMA Ptior toi~suance of building permits. A Letter of Map
Revision (LOMR) must beapproved from FEMA pt;iorto occupancy.'
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75. Pay all Capital Improvement Mitigation and Plan Check fees (LEMC 16:34).
Prior to Occupancy: .
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76~ Pay all fees and me~t requirements of m encroachment permit: issued by the Engineering Division
. for construction of off-site publi<; works improvements (LEMCI2.08, Res.83-78). Per Cmditim No.
83 ;IIJ\ fees aHd requirements for' aneilcl'Oachffient permit shall be fulfilled before Certificate of
Occupancy (A1?'I.eJ'Idui by PLmning Ommi.ssim en September 20, 2005). .
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79. If applicable, the applicant to provide FEMA elevation certificates prior to certificate of occupancies
80. All public improvements shall be completed in accordance with the approved plans to the
satisfaction of theCity Engineer.
81. All traffic signing and striping shall be completed in accordance with the approved plans to the
satisfaction of the City Traffic Engineer.
82. Water and sewer improvements shall be completed in accordance with Water District requirements.
83. TIlls project is subject to the following traffic conditions of approval by the City Traffic Engineer:
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. By thel00'h Certificate of Occupancy (C of 0) construct Terra Cotta Road from the project's
north boundary to Nichols Road and construct Nichols Road from Terra Cotta Road to the
existing pavement section west of Collier Avenue. These roads shall be designed to general
City Council
Apprmi(;d OGobl'r J 1.2005
AGENDA ITEM NO.
PACE J.. /
'2.'1...
OF !)O
CONDITIONS OF APPROVAL
Page 8of8
TENTATIVE TRACT MAP NO. 32786
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plan circulation alignment and standards, and shall be paved with a travel lane in each direction.
. By the 100'h C of 0 a traffic signal shall be constructed and operational at the intersection of
Nichols Road and Collier Avenue. ' ", '
. By the 300'h C of 0 traffic signals shall be constructed and operational at the 1-15 freeway
nonhboundramp and southbound ramp intersections at Nichols Road.
. If Terra Cotta Road and Nichols Road cannot be constructed as defmed in the first item
described above by the 100'h C of 0, a traffic signal shall be constructed and operational at the
intersection of Lake Street and Temescal Canyon Road by the 100'h C of o. ' '
. If Terra Cotta Road and Nichols Road cannot be constructed as defined in the fIrst item
described above by the 100'h C 'of 0, traffic signals' shall be designed, constructed and
operational at the intersections of Lake Street and the 1-15 freeway southbound and
northbound ramps by the 200'h C of Oif the above referenced Terra Cotta Road and Nichols
Road segments are not constructed by the 200'" C of o.
. By the 50'h C of 0, the intersection of Terra Cotta Road and Lakeshore Drive shall be fully
improved and signalized. lbis intersection will require special design as determined by the City
Engineer.' , . . . '
. By the 250'h C of 0" the intersectio,:! of DIY den Street arid LakeshoreDriveshallbe fully
improved and signalized. . .' . .
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City Council
;\ppro\'l~d October 1 L 20.05
ACENDA ITEM NO. ? '2
PACE ~ ~OF ,<)"0
PAGE 8 - PLANNING CDMMISSION MINUTES.-September 20,2005
('\ ated that this area was erentfrom AlisO Viejo .indthe .
proerties there were di ent. He stated. that the pro sed building for Lake . inore
was ore elegant 'than the 0 r Ones in Lake Elsinore.
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Commiss' ner Larimer clarified at the project was an inves ent for the applicant fo
right now. . She stated that'the re . ents 'were proud of the Cland this project had
receivednega'vereview. .' .' ,
Solomon Miskam a stated that the inside .better than the homes in A . 0 Viejo.
Chairman LaPere n ted the General Plan Up tein process. He indicated at it was the
ity's intention to aintain the historical ign standard. ,He suggest that the
a Hcant work with sta and do further research.,
.}
MOVED B . O'NEAL, SECONDE BY GONZALES
ANDPASSE WITH AVOTEOF 5- TO APPROVE
RESOLUTION 0.2005-109, A RES UTION OF
THEI'LANNIN COMMISSION OF TH CITYOF
AKE ELSINO CALIFORNIA, NYlNG
NORDESIGNVlEW . OF ' TWO ' GLE
FA ILYRESIDENCLOCATED AT 316 .318
TO SEND STREET. .
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7. Tentative Tract Map No. 32786
ChairmanLaPere opened the Public Hearing at 7:24 p;m.
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City Manager Brady provided a brief overview of the proposed project and requested
Associate Planner Coury review the project with the Commission and answer questions.
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ACENDA ITEM NO. f) 'L
PACE ;)..3 OF 5V
PAGE 9 - PLANNING OOMMISSION MINUTES -September 20,2005
AssQciate Planner CQtiryprovided an .overview .of the prQposed prQject. He indicated that
the applicant had proPQsed t.o CQnstruct a 12,300 square fQQt liQmmunity park .or tQt IQt.
He further nQted that the applicant intended tQ pay all applicable park fees tQ SUPPQrt park
cQnstructiQn in the immediate area. He nQted changes in the fQIIQwing cQnditiQns:
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· CQnditiQn NQ. 60, page 19 .of 24 eliminate (from V street to Arnold A venue)
· CQnditiQn NQ. 61, page 20 .of 24 change the wQrd "full"tQ half
.' CQnditiQn NQ. 63, page 20 Qf24 change "ArnQld Avenue" tQ project frontage '
. ConditiQn NQ. 72, page 20 .of 24 change'''priQr tQbuilding permit issuance" tQ as
part affinal map
· MQve CQnditiQn NQ. 72 tQ CQriditiQnNQ, 65 because it is priQr tQ approval .of.
final map
· CQnditiQn NQ. 76, .on page 21 .of 24, strike last sentence and replace with Per
Condition No. 83
Associate Planner CQury nQted that he had been cQntacted,by fQur property .owners iiI the
area whQ had CQncerns with traffic circulatiQn and related issues, including drainage.
JQhn Neu, Centex HQmes,2280 WardlQw Circle; Ste. ISO, nQted that he was prQud to be
a part .of the grQwth the City was experiencing. He addressed the drainage issues arid
noted their intentiQn tQ maintain the histQric flQW .of water in the area. He nQted the
addition .of the tQt IQt based .on negQtiatiQns with CQmmunity Services. He 'stated that
Centex was in agreement with the mQdifIed ConditiQns .of ApprQval presented by
AssQciate Planner CQury. He thlinked staff and Wendy WQrthy fQr their effQrts.
Danny Perez, 19615 Grand Ave., addressed the drainage from the project. He stated that
the existirig stQrm drain system frQm the track of hQmes near his prQperty had damaged
his prQperty. He nQted improvements he made tQ his prQperty tQ accQmmQdate the
additiQnalwater runoff: "He requested assurance that this prQject would nQt damage his
property' in the event '.of a heavy rain. He addressed his; CQncern with access tQ his
prQperty disrupted by the existing stQrm drain system.
Leandro Perez 16663 Lash St. requested cQnsideratiQn .of new stQrm drains tQ allQw fQr
access tQ his property withQut flooding.,
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Wally Sage, 3515 Cherry BlQssQm Lane, addressed the roads and traffic, He addressed
the eucalyptus trees .on LakeshQre. He alsQ addressed safety issues and the large bQulders
that eQuId cause damage .or injury if they are nQt contained, He nQted his concern with
the dust caused by the project.
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AGENDA ITEM NO. ~ '2
PAGE ;(Lf OF.~()
PAGE 11- PLANNING CDMMISSIONMINUIES -September2Q, 2005
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> MOVED BY O'NEAL, SECONI>ED BY LARIMER
, AND PASSED WITH A VOTE OF 5-0 TO
APPROVE RESOLUTION NO. 2005-nO, A
RESOLUTION' OF, THE . PLANNING
COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING
TO THE CITY COUNCIL ADOPTION. OF,
. FINDINGS OF CONSISTENCY WITH SECTION
6.1.2 OF THE MUJLTIPLE SPECIES HABITAT
CONSERVATION PLAN (MSHCP) FOR THE
PROJECT IDENTIFIED AS. TENTATIVE TRACT
MAP NO. 32786
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MOVED BY' LARIMER, SECONDED" BY
GONZALES AND PASSED WITH A VOTE OF 5-0
, TO APPROVE RESOLUTION NO. 2005"111, A
RESOLUTION OF THE PLANNING COMMISSION
OFTHE CITY OF LAKE ELSINORE, CALIFORNIA,
RECOMMENDING TO ,THE CITY COUNCIL OF
. . THE CITY OF LAKE ELSINORE APPROVAL OF
MITIGATED NEGATIVE DECLARATION NO: 2005-
09
MOVED BY FRANCIA, SECONDED BY LARIMER
AND P ASSEI> WITH A VOTE OF 5-0 to APPROVE
RESOLUTION,NO. 200S-112, A RESOLUTION OF
THE PLANNING COMMIssiON OF THE. CI1Y ()F'
LAKE ELSINORE, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL OF
THE CITY, OF LAKE ELSINORE APPROVAL OF
TENTATIVE TRACT MAP NO. 32786 WHICH
SUBDIVIDES 151.78 ACRES. OF. LAND INTO 386
LOTS' ,. '
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ACENDA ITEM NO. 2. fL
PACE :;J0 OF SO
PLANNING COMMISSION
STAFF REPORT
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City of Lake Elsinon:
Planning Division
J30S. Man Street
Lake Ebnore, CA 92530
(909)674-3124
(909)4n-1419fax
DATE:
September 20, 2005
Chairman and Members of the Planning Co"ullnission
TO:
FROM:
. Roben A. Brady, City Manager
PREPARED BY:
Kin A. Coury, Associate Planner
Tentative Tract Map No. 32786
PROJECT TITLE:
APPLICANT:
"
John Neu, Centex Homes, 2280 Wardlow Circle, Ste. #150,
Corona, CA92880
REQUEST
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A request to subdivide 151.78 acres of land in the R-l Single-FmnIy Residential District into 386
individual lots pursuant to the requirements of Section 16 "Subdivisions" of the Lake Elsinore
Municipal Code and section(s) 66424 and 66427 of the Califomia,Subdiyision Map Act (CSMA).
ENVIRONMENTAL SETTiNG
Project Vacant' ReI; Single'FmnIy Residential Low Medium Density
Site Residential
North Single FmnIy Murdock AlberhiIJ SP AlberhiIJ Ranch SP.
Residential
South Single FmnIy R-l, Single-Family Residential Specific Plan Area "]"
Residential -'
East Vacant/Industrial M-l, Limited Manufacturin Limited Industrial
West Single FmnIy R-l, Single Family Residential Low. 'Medium Density
Residential Residential
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ACENDA ITEM NO. ') V)
PACE ~ ~ OF SO
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PLANNING COMMISSION STAFF REPORT
Septernber20,2005
. PAGE2of5
PROJECT TITLE: TENTATIVE TRACT MAP NO. 32786
LOCATION
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. The subject site is located north of Lakeshofe Drive, east of Terra Cotta Road, and west of Riverside
Drive. The property is generally located between Collier Avenue arid Lakeshore Drive at the
,northern end of Counuy Club Heights area, adjacent the Murdock Alberhill Specific Plan. ,
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PROTECT DESCRIPTION
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The proposed tract map.will subdivide the aforementioned 151.78-acres of residentially zoned land
into 386 individual lots (369 single-family residential lots, and 17 lettered open space lots). The
proposed residential lots will range in size from 6,000 square feet to 25;486 square feet with an
average lot size of 9,060 square feet.
DISCUSSION,
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The proposed subdivision has be~n 'de~med to be consistent with the de~elopItlent standards in
Chapter17.23 (R-l Single-FamilyResideritial District) bf the LEMC, in that Chapter 17.23 requires
that all ne\>.;ly subdivided parcels be a minimum size of 6,000 square feet, and an average of 7,200
square feet. Further, the LEMC requires that coiner lots be a minimum of 7,700 square feet. The
proposed subdivision complies with these requirements. It should be noted that the project will
provide a private community ~pocket park" totaling 12,300 square feet. .
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ENVIRONMENTAL
. .
The proposed Mitigated Negative Declaration No. 2005-09 has been prepared pursuant to Article 6
(Negative Declaration Process) and.Section 15070 (Decision' to Prepare a Negative or
Mitigated Negative Declaration) of the Calijarnia' ErrWwmmtd Quality Act (CEQA). Based on
staff's evaluation, the proposed project will not result in any significant effect on 'the environment.
Further, pursuant to ~ection 15073 . (Public Review of a Proposed Negative Declaration, or
Mitigated Negative Declaration) of the Calift>>nia EnviranrrmJal Quality Act (CEQA), the intended
Mitigated Negative Declaration was submitted to the State Clearinghouse on July 8, 2005 for the
required 30 day review period, which ended on AugUst 9, 2005, '
RECOMMENDATION
It is recoriunended that the Planning Commission approve Resolution No 2005-_ ;ecommending
City Council adoption of Findings of Consistency with Section 6.1.2 of the MSHCP, and Resolution
No. 2005-~, recommending to the City Council adoption of Mitigated Negative Decl:rration No.
2005-09; and Resolution No. 2005-_, recommending to the City Council approval of Tentative
Tract Map No. 32786, based on the following Findings, and, Exhibits 'A', 'B' and 'C', and the
attached Conditions of Approval. . . '.' " ..' .
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ACENDA ITEM NO. Q ')
PACE ;L I OF S-Q
PLANNING COMMISSION STAFF REPORT
September 20, 2005
PAGE3of5
PROjECT TITLE: TENTATIVE TRACT MAP NO. 32786
FINDINGS - MSHCP CONSISTENCY
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1. The proposed project is a project under the City's MSHCP Resolution that must make an
MSHQ> Consistency finding before approval. '
Pursuant to the Citys MSHCP ResoIutinn, because the proposed prujoct n:quires a numl:er of discreticwry
appruwls /rrm the City and is subject to CEQA review, it must iT; reviewxi fOr MSHCP cunsistency, uJidJ
entails fOr the proposed prujoct determining 7ikther it is subject to the Citys LEAP j>>TX1'Ss, cunsistent with the
ProtIDim of Species Associated with Riparian/Riwine Areas and Vemd Pool Guidelines (MSHCP, ~
6.1.2), ProtIDimofNanuwErukmK: Plant Species Guidelines (MSHCP, ~ 6.1.3), Additimd Suruy Neuis
and Procedmr:s (MSHCP, ~ 6.3.2), Urlxm/WUdbnds Interfaa: Guidelines (MSHCP, ~ 6.3~2), V~
Mapping (MSHCP,'~ ,6.3.1)requironmts, Fuels ManagemntGuidelines (MSHCP, ~ 6.4), and payment of
the MSHCP Local Delxloprmt Mitigation Fee (MSHCP 0rr:IiJwue, ~ 4).
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2. The proposed project is subject to the Joint Project Review process.
As desr:rilW in Soctim 3.2.2, Project Imfuas, pp. 3.2-14 through i 5, of the Draft IS/MND and the
Binlagio1J O:nstraints, Analysis, the Proposed Project site is la:atal within the Elsbwre A rea Plan of the
M SHCP. 1be entire Proposed Project site is approximately 152 acres with only 2. 5 acres almg the northern
luwulary()ftheprujoct site hcatedwithin MSHCPCriterW Cell 4157. Per the March 3,2005 projoctsite
pLm, Terra COtta Road will iT; extended to the prujoct luwulary, phOng a O.l-acre area of the road within
CriterW Cell 4157. 1be remaining 2.4 acres of the CriterW Cell 4157 uwld remain und:udopxl. 1be Lake U
Elsinore General Plan Cimdation Element designates Terra COtta Road as a secaIuiary rllid already pLmned
fOrextensian to NU:hols Road. In addition, the MSHCP identifies Terra COtta Road as a "plannairoadD
(Figure 7-1 in MSHCP). Sectian 7.3.5 of the MSHCp, PlannaiRoads Within CriterWAreas, states that
pLmned rwdzmys are "Comrrl Activities". 1be MSHCP also states that Comrrl Activities "will ~ Take
Authorization under the soctim 10(a) Pemit and the NCCP Permit, pruvidaitheseactivities areotheroise
kzwfiJ. D MSHCP Dej/Acrv(emjlJasis addai). Bea:utsecms/:nictimofTerra COttaRoddis theOnlyadivity
proposed in the Criteria Cell mid cmstruaion ofT erra COtta Road isa Comrrl Activity, joint prujoct review
OPR) does not apply to the Proposed Project.
In additim, the cmstruaion if T ma 'Cntta Road will Only in1{k1Ct 0.1 aae of the 160 ao-td in C:riterW Cell
4157, or 0.06 perunt of the CriterW Cell. Aaurrfing to the cell amsermtim criteria, areas ,in Cell 4157to iT;
cmserml will iT; aJrU18::tEd to habitat to the = and rumh of the CriterW Cell, and the ccmirmtian gJal far the
Criteria Cell is 45- 5 5 perunt focusing an the ur:stem half 1be portion of the project' site in the Criteria Cell is
hcauxi in the southern area of the Criteria Cell, not within the area to iT; cunsermi. Furtherrnnre, amsermtim in
the portion of the prujoct within the Criteria Cell substantially exceeds the amsermtim god sime 2. 4 acres of the'
2.5 aae portion within the Criteria Cell (or 111lJrF! than 95 perunt) will iT; CXJnSf?IWi and only 0.1 acre will iT;
disturlxxi to canstmct ' Terra Cotta Road.
3. The proposed project is consistent with the RiparianlRiverine Areas and Vemal Pools
Guidelines.'
, In the Draft IS/MND (~kling Section 3.2.2 and theDrafi IS/MND MSHCP O:nsistenCy Analysis,
AfJ!XI1dix B), a Determination of Bio/4!Jmlly Equirnknt or Sup:rior Presenl:ltion (DBESP) was preJXmri in U
aLWrdana: with the MSHCP Ripzrimz/Riwine and Vernal Pool Poliry and was attaAhd to the MSHCP
AGENDA ITEM NO. >I) iv
PAGE J.X . OF
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PLANNING COMMISSION STAFF REPORT'
September 20, 2005
PAGE4of5
PROJECT TITLE: TENTATIVE TRACT-MAP NO. 32786
OrisistencyAYzalysis as an Appt!ndix. The'Deteiminalimof BiolngimIly Equimlent ar Superior Preseruztim
uilllx: pruvidtxJ under separate CUW" letter to the US. Fish and Wzldlife Seruiie and the GdijJmia lJepartrrmt
of Fish and Game prior to projlrt approwl fOr 60-dayrr:uiewconsistentwith the MSHCP. . See MSHCP 6-25;
4. ;Jbeproposed project is coflsistent 'Yith the Protection of N;uyow Endemic Plant Species
Guidelines. .
The MSHCP requires habitat 'assessmmtsan. the projrt site fOr the fOUnwii1g narrow endimir plant spedes;
CalifUrrM orrutt grass, Hammit's clayoess, rr7L1rf)'-sternJm:i dudIeya, Munz's emion, San ~ ambrosia, San
Mi?JlE! sawry, sleruler-hanud spinefImrer, spreading namm:tia, and Wright's t:rid:xx:mwis. These sJXXies ~
not detemd olHite during twk ftx:usai b:Jtanim]sll1'W)lS perftmrni betrJxm February 24, 2004 and June 12,
2005. The projXJ5ed projrt has bwt detenni:nRd to Ix: consistent with the Prvtoctinn of Ndrruw EiukinK pfdJ'lt
SJXXies Guidelines.
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5. The proposed project is c.onsistent with the 1\dditi~nal Survey Needs and Pro~edu~~s..
As descril:x!d in SeaiiilJ.2.1.4, Existing ConditimS,p.3.2-8 of the Drafi-IS/MND and in the BWIugimJ
Constraints Analysis, a habitat suitability assessment fOr the W?5tem burrowing Old (BUOW}'lWS cauIuae:l.
In addition, although not required, seardxs upr also made fOr BUOW individuds and BUOWoa:upiRd ground
burrous. No .BUOW iJuiiddualsm;BUOW oa:upiRd ground burrous ~ obsemrlem-site during twk
cmstraints analysis p/Mt and wildlife field SIl1'W)lS, and six focus<<l coastal CalifOrnia gnatmtdJer field surnys.
These surn?JS ~ per/Uirn<<l en-site em Ajm1lO; May 15' and June 12, 2005, and February 24, March 19,
25, Ajm15, 12, 19,27 andMay 4 and 11,2004. Eleien of the surn?JS~aJJUiuaslduring the BWW
brwJing season of tliXJ 5epttrate)ll:lYS. . The BWIugimJ Constraints Analysis docwrmts the suruy results fOr aU
. sJXXies CXJU!J1!J:.! by the MSHCP indudingthe burrowing iJ1d . The projrt is therefOre consistent with the
Additimal Suruy Neals Requirmvus. ., . .
6. The proposed project is consistent with the Urpan/WIidlands Interface Guid~lines.
Measures hau: bwt inaJrparated into the projXJ5ed projrt 50 that there will Ix: no projei:t-re14ted dr~, toxiG,
l~ noise' . hmiers and 'Ak.-,17tou/ -l~.J~, . to the Ca1seYwJim Ami. The
'1'I/u"I5>. , IlmI.S1W, ,.. gr"",,'5' ~~jA'=U unjXICts
projXJ5ed projrt is therefOre cmsistent with the Urlun/Wzldlands Inter{= Guidelines.
7. The proposed project is consistent with the Vegetation Mapping requirements.
The ~tim of the entire projert site has bwt rnappxl. This mapping is sujfrient under the MSHCP and is
Crmistentwith the MSHCP. ',. '.'
8. The proposed project is consistent with the Fuels Management Guidelines.
The profXJsed projert hasbwt designai to bu1ude landscape bujfrrs nMY the profXJsed lvfSHCP Consem:lticn
. A rea that will in essence act as Fuel Modijimtim Zones. WIthin tIxse areas there will Ix: fire-resistant, 11m-
inwsiu: p/Mts. Acwrdingly, with these measures, the profXJsed projrt is therefOre consistent with the Fuels
Managonmt Guidelines. . .
9. The proposed project will be conditioned to pay the City's MSHCP Local Development
Mitigation Fee. '
AGENDA ITEM NO. 2 '2
PACE ;)..~OF ljO
PLANNING COMMISSION STAFF REPORT.
September 20, 2005
PAGE 5 of 5
PROJECT TITLE: TENTATIVE TRACT MAP NO. 32786
As a ronditimofapprumJ, the project will krequimi ro pay the City's MSHCP Local Der:e/oprmt MitigaJim
Fee at the t:irrK! of issuarKe of building permits. .
10. The proposed project overall is consistent with the MSHCP.
The prufXJSf'Li project a:mJiies and is ansistent with. all of the requimi proarlures, po!ide5; and guidelines of the
Oty's MSHCP Resolution and the MSHCP. The applicant has made revisions ro the project or has af!)T1Xi ro
spocific ronditims, 7ihidJ uvu1d amid the effirts or mitigate the effirts of the project ro a pointukre rw sigrtifit:am
eJfrts uould occur.
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FINDINGS-MITIGATED NEGATIVE DECLARATION
. 1. Revisions in the project plans or proposals made by or agreed to by the applicant before a
proposed mitigated negative declaration and initial study are released for public review would
avoid the effects or mitigate the effects to .a point where clearly no signifi.cant effects would
occur; and
The applicant has made revisions ro the project or has af!)T1Xi ro sprifr wnditions 7ihidJ uould aroi4 the effirts or
miJigate the effirts of the project ro a point ukre rw si~ effirts uwId oaur.
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: . U
Pursuant ro the euidence rrnil8i in the light of the ukle rocurd presented ro stafJ the project will rwt har.x! a
si~ effi:ron the enui:rwmm crnsidering the applicahle Canditims of Apprornl andMitigatim MoniJuring
Prugram. .
3. Mitigation measures have been required to ensure all potentially significant impacts are reduced,
to levels of insignificance.
Mitigatim mmsures. ha1X? lx:en requimi 7ihidJ will mlua: sif!flifiatnt emirrnmntal imjXKtS ro the feW of
insignijimmE. '
FINDINGS - TENTATIVE TRACT MAP
1. The proposed subdi.....ision, together with the provisions for 'the design and improvement, are
consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to
Subdivisions; and the State Subdivision Map Act.
The project is dlnsistent with the designated land use planning area, deuJnpnmt.~ desi?J1 starulards, and all
other appropriate m:JUinmmts a:ntaimd in the General Plan, Zoning Code, City Municipal Code, and
Sulxiivisim Map Act.
2. The proposed. subdivision is compatible with the objectives, policies, general land uses and
programs specified in the General Plan (Government Code Section 66473.5).
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PACE 30 OF 50
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PLANNING COMMISSION ST AFFREPORT
Septerriber20,2005
PAGE 60f5
PROJECf TITLE: TENT ATIVE TRACf MAP NO. 32786
The prrjoct .is rxn;istent Wth the lard tlSe plan, deze/q>>rmtani design staniards. am program; am all aher
apprrpriate wquirem!nts cwtain!d in the Gerx?raJ Plan,
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3. The effects this pC()posed subdivision is; likely to ha~e upon the ho~ing n'eeds of the region, the
public selVice requirements of its residents, and the available fiscal and environmental resources
have been considered and balanced. .' .
The prrjoct is rxn;istent Wth the Ciry's Gerx?raJ Plan ani Z~ OxIe,Wll prmide n:msary puUif: serUas ani
fad1itiRs, Wll /MY all tlpf>>rpria~ /as, ard Wll rxi; result in any adrerse em.i1mrrEntal irrprut.
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4. The design of the subdivision proVides to the greatest extent possible,. for 'fut;ui-e passive' or
natural heating or cooling opportunities in the subdivision (Governrnent Code Section 66412.3).
. TheprrjoctWll~Wthall ~m~7fquirenrnls if the Ciryam UnifurmB~OxIe,
Prepared by.
KirtA CoUly, Associate Planner:
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Revi~:wed by.
~lamll~Manager
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Approved by.
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ATTACHMENTS . ',.', '. '
. ,1. PLANNING COMMISSION RESOLUTIONS'
2. CONDITIONS OF APPROVAL .
3. EXHIBITS
A Vicinity Map
B. MND
C. MMRP
D. Tentative Tract Map No. 32786
E. Full Size Exhibits .
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ACENDA ITEM NO
PACE 3/'
22
OFSV
RESOLUTION NO. 2005-110
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL
ADOPTION OF FINDINGS OF CONSISTENCY WITH
,
SECTION 6.1.2' OF THE MULTIPLE SPECIES
HABITAT CONSERVATION PLAN (MSHCP) FOR THE
PROJECT IDENTIFIED AS TENTATIVE TRACT MAP
NO. 32786
WHEREAS, consistency with the MSHCP is required and a site specific focused surVey
for Narrow Endemic Plant Species is required by Section 6.1.2 of the Multiple Species Habitat
Conservation Plan (MSCHP) for the purpose of a Tentative Tract Map;' and '
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WHEREA~, the City of Lake Elsinore evaluated 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 September 20, 2005; and U
WHEREAS, the Planning\Corrimission of the City of Lake Elsinore DOES HEREBY
RESOLVE as follows: .
A Habitat Assessment prepared by Thomas Leslie Corporation 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 identified as Tentative Tract Map No. 32786 and
will not preclude the implementation of the MSHCP goals, based on the following
finding;
FINDINGS-MULTIPLE SPECIES HABITAT CONSERVATION PLAN
1: The proposed project is a project under the City's MSHCP Resolution .that must make an
MSHCP Consistency finding before approval.
Pursuant to the City's MSHCP Resolution; because the proposed project requires a number
of discretionary approvals from the City and is subject to CEQA review, it must be reviewed
for MSHCP consistency, which entails for the proposed project determining whether it is
subject to the City's LEAP process, consistent with the Protection of Species Associated with
Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, S 6.1.2), Protection of
Narrow Endemic Plant Species Guidelines (MSHCP, S 6.1.3), Additional Survey Needs and (\
Procedures (MSHCP, .Ii 6.3.2), Urban/Wildlands 1nteiface Guidelines (MSHCP, S 6.3.2), \.-I
AGENDA ITEM NO. '/.Fv
PAGE 3 d- OF
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PLANNING COMMISSION RESOLUTION FOR'.. .
MSHCP CONSISTENCY OF TENTATIVE TRACT MAP NO. 32786
Page 2 of 4
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., Vegetation Mapping' (MSHCP, S '6.3.1) 'requiri!111enis, Fuels MaJiagement 'Guidelines
(MSHCP, S 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP
Ordinance, SA). . ; .
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2. The proposed project is subject to the Joint Project Review process.
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As described in Section 3.2.2, Projectlmpacts, pp. 3.2-14 through 15, of the Draft IS/MND
and the Biological Constraints Analysis, the Proposed Project site is located within the
Elsinore Area Plan of the MSHCP., The entire Proposed Project site is approximately 152
acres with only 2.5'acres along the northern boundary of the project site.located within .
. MSHCP CriteridCellAl57. Per the March 3, 2005 project site plan, Terra Cotta Road will
be extended to the project boundary, placing a O.I,"acre area of the road within Criteria Cell
4157. The remaining 2.4 acres of the Criteria Cell 4157 would remain undeveloped. The
Lake ElsiilOre General Plein Circu{atio~Element designates Terra' Cotta Road as'd' . .
. . secondary road already planned for extension to Nichols Road. In addition, the MSHCP .'
identifies Terra Cotta Road as a "planned road" (Figure 7-1 in MSHCP). Section 7.3.5 of
the MSHCP, Planned Roads Within Criteria Areas; states that planned roadways are
"Covered Activitiei ". The MSHCP also states that Covered Activities "will receive Take
.Authorization under the section 1 O(a) Permit and the NCCP Permit, provided these activities
are otherwise lawful." MSHCP DejlAcr v (emphasis added). Because construction' of Terra
. Cotta Road is the only activity proposed hi the Criteria Cell and construction. of Terra Cotta
Road is a Covered Activity, joint project review (JPR) does not apply to the Proposed
ProjeCt. ' ,....
. In addition, the construction of Terra Cotta. Road will only impact 0.1 acre of the 160 acres
in Criteria Cell 4157, or 0.06 percent of the Criteria Cell. According to the cell conservation
criteria, areas in Cell 4157 to be .conserved will be connected to habitat to the west and north.
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of the Criteria Cell, and the conservation goal for the Criteria Cell is 45-55 percent focusing'
on' the western half The portion of the project' site in the Criteria Cellis iocated'in the
southern area of the Criteria Cell, not within the area to be conserved. " Furthermore,
conservation in the portion of the project within the Criteria'Cel/substantially exceeds the
conservation goal since 2.4 acres of the 2.5 acre portion within the Criteria Cell (or more
than 95 percent) will be conserved and only 0.1 acre will be disturbed to construct Terra
Cotta Road.. ' ". ;,
3.' The proposed project is consistent. with the'Ripiuian/Riv~rine Areas and Vernal Pools
Guidelines.
In the DrajilS/MND (including Section 3.2.2,afld the. Draji IS/MND MSHCP C,?nsistency
Analysis, Appendix B), a Deierminat(on of Biologically Equivalent or Superior Preservation
(DBESP) was prepared in accordance with the MSHCP Riparian/Riverine and Vernal Pool
c',. Policy and' was attached to' the MSHCP 'Consistency' Analysis as an Appendix. The
Determination of Biologically Equiv'alent or Superior Preservation will be provided under
separate'cover letter to the'U.S: Fish and Wildlife Service and the California Department of
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ACENDA ITEM NO.
PACE jJ
r; 0,
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PLANNING COMMISSION RESOLUTION FOR
MSHCP CONSISTENCY OF TENTATIVE TRACT MAP. NO. 32786
Page 3 of 4
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Fish.and Game prior to project approval for 60-day review consistent with the MSHCP. See
MSHCP 6-25. . . .' . .. .'
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4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species
Guidelines.
The MSHCP requires habitat assessments 'on the project site for the following narrow
endemic plant species; California orCutt grass, Hammit's clay-cress, many-stemmed dudleya,
Munz's onion, San Diego ambrosia, San Miguel savory, slender-horned spine flower,
spreading navarretia, and Wright's trichocoronis. These 'species 'were not detected on-site
during twelve focused botanical surveys performed between February 24, 2004 and June 12,
'2005. The proposed project has been determined'to be consistent with the Protection of
Narrow Endemic Plant Species Guidelines.
5. .The propo~ed project is consistent with the Additional Survey Needs aDd Pr~cedures.
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As described in Section 3.2.1.4, Existing Conditions, p. 3.2-8 of the Draft IS/MND and in the
Biological Constraints Analysis, a habitat'suitability assessment for the western burrowing
owl (BUOW) was conducted. In dddition, although not required, searches were also made
for BUOW individuals and. BUOW occupied ground burrows. No BUOW individuals or
BUOW occupied ground burrows were observed on-site during twelve constraints analysis
. plant and wildlife field surveys,. and six focused coastal California gnatcatcher field surveys. U
These surveys were performed on-site on April 10, May 15 and June 12, 2005, and February
24, March 19, 25, April 5, 12;,19, 27 and May 4 and n, 2004. Eleven of the surveys were
conducted during the BUOW breeding season of two separate years. The Biological
Constraints Analysis documents the survey results for all species covered by the MSHCP
including the burrowing owl.. The project is therefore consistent with the Additional Sur:vey .
. . Needs Requirements.
.
6. The proposed projeCi is consistent with the UrbanlWildlands Interface Guidelines.
. . .
Measures have been incorpora(ed,into the proposed project so that there will.beno project-
related drainage, toxics, lighting, noise, invasives, barriers; and. grading/land development
. impacts to the Conservation Area. The Proposed project is therefore consisten( with the
Urban/Wildlands Interface Guidelines.
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7. The proposed project is consistent with the Vegetation Mapping requirements.
The vegetation oftbe entire project site has beeI'!' mapped. This mapping Is sufficient under.
the MSHCP and is consistent with the MSHCP. ,. .
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8. The proposed project is consistent' with the'Fuels Management Guidelines.
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The proposed project 'has been designed to include. landscape buffers near the proposed
. MSHCP Conservatiqn Area that will in essen.ce act as Fuel Modification Zones. Within
these areas. there will be fire-resistant, non-invasive plants. Accordingly, with these
. measures,. the proposed project is therefore consisient with the. Fuels Management U
Guidelines.
ACENDA ITEM NO.
PACE 3 L.j
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PlANNING COMMISSION RESOLUTION FOR
MSHCP CONSISTENCY OF TENTATIVE TRACT MAP NO. 32786
Page 4 of 4 .
9. The proposed project will be conditioned to pay the City's MSHCP Local Development
Mitigation Fee.
As a condition of approval, the project wi/i be ;equired to pay the City's MSHCP Local
Development Mitigation Fee at the time of issuance of building permits.
10. The proposed project overall is cpnsi~tent with the MSHCP. .
The proposed project complies and is consistent ~ith all of the required procedures, policies, .
and guidelines of the City's MSHCP Resolution and the MSHCP. The applicant has made
revisions to the project dr has agreed to specific conditions, which would avoid the effects or
mitigate the effects of the project to 'apoint where 110 significant effects would occur. . .
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; '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 adopt the Findings of Consistency Section 6. I .2.
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Ron LaPere, Chairman. .. . .
Lake Elsinore Planniitg Com~issiori
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I hereby certify that the precediitg.resolution was adoptedbyfue Planning Commission at a
meeting thereof conducted on SeptLmher 20, 2005 'by the "following vote: '
,.
AYES:
Commissioners:
LAPERE, O'NEAL, GONZALES, FRANCIA,
LARIMER
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NOES:
Commissioners:
. ABSENT:
Commissioners:
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ABSTAIN: Commissioners:
ATTEST:
Robert A. Brady, Secretary to the Planning Commission
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ACENDA ITEM NO. Q. Cl.-.
PACE 3. S- OF-:5C)
RESOLUTION NO. 2005-111
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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 MITIGATED
NEGATIVE DECLARATION NO. 200~-09
WHEREAS, Cent~x Homes, has submitted an application for Tentative Tract Map No.
32786. The approximate 151.78 acni'site is. located north of Lakeshore Drive, east of Terra
Cotta Road, and west of Riverside Drive; and
WHEREAS, Mitigated Negative Declaration No. 2005-09 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's to the City Council for approving Mitigated U
Negative Declaration No. 2005-09; and
WHEREAS, public notice of said applications has been given, and the Planning
Commission has considered evidence presented by the Community Development Department
and other interested parties at a public hearing held with'respett to this item on September 20,
2005.
NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES
HEREBY RESOLVE as follows:
SECTION 1. The Planning Commission has considered the proposed Mitigated
Negative Declaration No. 2005-09, prior to making a decision to recommend approval to the
City Council. The Planning Commission finds and determines that Mitigated Negative
Declaration No. 2005-09 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 State Planning and Zoning law and the City of
Lake Elsinore the following findings for the approval of Mitigated Negative Declaration No.
2005-09 have been made as follows:
]. Revisions in the project plans or proposals made by or agreed to by the applicant before a U
proposed mitigated negative declaration and initial study are released for public review
AGENDA ITEM NO. 0 "L
PACE ,'3c,. OF SZ)
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PLANNING COMMISSION RESOLUTION FOR
MITIGATED NEGATIVE DECLARA110N NO. 2005-06
Page 2 of 2
would avoid the effects or mitigate the effects to a point where clearly no significant effects
would occur; and
The applicant has made revisions to the project or has agreed to specific conditions which
would avoid the effects or mitigate the effects of the project to a point where no significant
effects would occur.
2. There is no substantial evidence, in the light of the whole record before the agency, that the
project as revised may have significant effect on the environment.
Pursuant to the evidence received in the light of the whole record presented to staff the
project will not have a significant effect on the environment considering the applicable
Conditions of Approval and Mitigation Monitoring Program.
3. Mitigation measures have been required to ensure all potentially significant impacts are
reduced to levels of insignificance.
Mitigation measures have been required which will reduce significant environmental impacts
to the level of insignificance.
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 Mitigated Negative Declaration No. 2005-09.
Ron LaPere, Chairman
. Lake Elsinore Planning Commission
I hereby certify that the preceding resolution was adopted by the Planning Commission at a
meeting thereof conducted on September20, 2005 by the following vote:
AYES:
Commissioners:
LAP ERE, O'NEAL, GONZALES, FRANCIA
LARIMER
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Robert A. Brady, Secretary to the
Planning Commission
ACENDA ITEM NO. () .~
PAGE 3 '7 OF ()
PLANNING COMMISSION RESOLUTION FOR
MITIGATED NEGATIVE DECLARATION NO. 2005-06.
Page 3 of 2
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AGENDA ITEM ~ 0. ~
PACE 3 OF 5Q
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RESOLUTION NO. 2005-112
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY.. 01<' LAKE ELSINQRE, CALIFORNIA, ,.
RECOMMENDING TO THE CITY COUNCIL OF, THE
CITY OF LAKE ELSINORE APPROVAL OF TENTATIVE
TRACT MAP NO. 32786 WHIC~ SUBDIVIDES 151.78.
ACRES OF LAND INTO 386 LOTS
~, ,,~_.,
WHEREAS, Centex Homes, has,submitted an application for Tentative Tract Map No.
32786 which subdivides 151.78 acres ofialld into 38~ lots (369 single-family residential lots and
17 lettered lots). Tentative Tract Map No. 32786 is generally located northof Lakeshore Drive,
east of Terra Cotta Road, and west of Riverside Drive; and
WHEREAS, the Planning Commissi~n of the City of Lake Elsinore has been delegated
with the responsibility of making reconlmendations to the City Council pertaining to the
subdivision ofland; and .'
". ,
WHEREAS, public notice of said application has been given, and the Planning
Commission has. considered. evidence presented by the Community Development Department
and other interested parties at a public hearing held with respect to this item on September 20,
2005. . . .
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NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES'
HEREBY RESOLVE as follows:
SECTION 1. The Planning Commission has considered the proposed subdivision,
Tentative Tract Map No, 32786, prior to' making a decision to recommend that the City Council
approve the proposed subdivision. The Planning Commission finds and determines that
Mitigated Negative Declaration No. 2005-09 is adequate and prepared in accordance with the
requirements of the California Environmental ,Quality Act (CEQA) which analyzes
environmental effects of the Tentative Tract Map No. 32786, based upon the following findings
and determinations:'
SECTION 2. That in accordance with State California Subdivision Map Act and
requirements of the City of Lake Elsinore the following findings for the approval of Tentative
Tract Map No. 32786 have been made as follows:
1. The proposed subdivision, together with the provisions for the design and improvement, are
consistent with the General Plan; Zoning Code; Title 16 of the. Municipal Code relating to
Subdivisions; and the State Subdivision Map Act.
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1he project is cmsistent with the desig(k1lR1i kmd use pWming area, deadoprmt and desifJZ standards, and all .'
other appropriate requiremmts containffiin the General Plan, Zoning Gxie, City Municipal Gxie, and
Sulxlivi.sion Map Act.
ACENDA ITEM NO.
PACE 34
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PLANNING COMMISSION RESOLUTION FOR
TENTATIVE TRACT MAP NO. 32786
Page 2 of2
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2. The proposed subdivision is compatible with the objectives, policies, general land uses and
programs specified in the General Plan (Government Code Section 66473.5).
1he projrt is cunsistent with the land ~plan, deudoprmt and desigrz standards and'pragrams, and all other
appropriate n'ljI/iremmts crntained in the Gmeral Plan.
3. The effects this proposed subdivision is likely to ha~e upon the 'housing needs of the region, the
public serVice requirements of its residents, and the available fiscal ana environmental resources
have been considered and balanced.
, ,
1he projrt is cunsistent with the Citys Gmeral Plan and Zcning Gxle, will prrwide ne:essary publil: servia>s and
fadities, will pay all appropriate fees, and will not result in any atbxrse erwiramrmtal impu:t.
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).
. 1he projrt will a:mjiy with all appropriate cmsermtim n'ljI/iremmts of the City and lJni/vnn Building 0Je
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 U
Elsinore approve Tentative Tract Map No. 32786. . .
, Ron LaPere, Chairman'
Lake Elsinore Planning Commission
I hereby certify that the preceding resolution. was adopted by the Planning Commission at a
meeting thereof conducted on September 20, 2005 by the following vote:
AYES:
Commissioners:
LAPERE, O'NEAL, GONZALES, FRANCIA;
LARIMER
NOES:
I:.
Commissioners:
.'
, , ~
ABSENT:
Commissioners:
'ABSTAIN: . ',Commissioners:
ATTEST:
l ~ .
Robert A. Brady, Secretary to the
Planning Commission
u
ACENDA ITEM NO.
PACE t.j 0
'7'7
OF 5V
. . GENERAL
1. The applicant shall defend (with counsel acceptable' to the City), ~demnify, and hold harrriIess the
City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or
proceeding against the City, its Officials; Officers, Employees, or AgeiIts to attach, set aside, void, or
annul an approval of the City, its advisoiy agencies, appealboards,ot legislative bodyconceming
implementation and construction of Tentative Tract Map No. 32786, which action is bought within
the time period provided for in California Govemrneilt Code Sections 65009and/ or 66499.37, and
Public Resources Code Section'21167. The City Will promptly notify the applicant of any such
claim, action, or proceeding~gainst the City and will cooperate fully with the defense.,
;! n J,' ";.
TENTATIVE TRACT MAP NO. 32786
2. Tentative Tract Map No. 32786 will e~pire rv:.o (2):years frbm date ofappro~al 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 bythe'City of Lake Elsinore City Council'in accordance with the
Subdivision Map Act and the LEMC.
3. Tentative Tract Map No. 32786 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 Conditi~ns of Approval.
.~. .
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4. Prior to fmal certificate of occupancy of Tentative Tract Map No. 32786, 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 coriditions shall be complied with. . Alluncompleied improve~ents
must be bonded for as part of the agreements.
'[
5. The applicant shall comply with all the mitigations contained and identified iti the Mitigated
Negative Declaration No. 2005-09.
6.' All lots shall complyw~ minmnml standards contained in the LEMC:
7. A precise survey with closures for boundaries and all lots shall be provided per the LEMC.
8: 'The applicant shall c~mlply with all conditions of the Riverside County Fire Department.
. - . . ,c ~ _ . . .
9. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD).
10. All futurntrucruraldevelopmennissociated with 'this map shall require separate Design Review
approval. ' , ' , "..' . ,
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11, Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete
an "Acknowledgment of Conditions" and shall return the executed original to the COITnminity
, Development Department. '
PJ-.11lnrJ1g Cnmrni:;si(\n ,"
. - ~-Appro\'cd SiJ)\ ('m.r.wr o20! 2005
ACENDA ITEM NO. ')?
PACE L/ / OF LJZ)
CONDITIONS OF APPROVAL
Page 2 of 8
TENTATIVE TRACT MAP NO. 32786
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12. The applicant shall comply with the following City programs: the City Source Reduction and
Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management
Plan and Integrated Waste Management Plan: " .
. ,
13. Prior to issuance of building permit; the applicant shall submit a letter of verification (will-serve
letter) to the City Engineer, for all required utility services.
'14. The applicant shall pay applicable fees and obtain proPer~learance fr~m the Lake Elsinore Unified
Scheol District (LEUSD) prier to. issuance ef building permits.
". . ,. ,.' . I.; '.1 J, . ", . . r,
15. The Multiple Species Habitat Conservatien Fee (MSHCP) will be due tipon issuance ef each
building permit.
16. ,The applicant shall pay all applicable fees including park fees.
,17. The applicant sh~meet all ~equirements ef the; providing e1e~c,utilitycompany.
18. The applicant shall meet all requirements of the providing gas utility company.
19. .The applicant shall meet all requirem~nts ef thepreviding telephene utility company;
20. A bend is required guaranteeing the remeval ef all trailers used d~g construction.
21. All signage shall be subjecuo Planning Divi~io~ review and'approval prieno installatien.
22. 'The City's Neise, ()rdin;mce shall be met during ~I site preparatien activity. Constructien shall net
commence before 7:00 AM and cease at 5:00 PM, Monday threugh Friday. Censtructien activity
shall net take place en Saturday, Sunday, er any Legal Holidays.
u
ENGINEERING
23. A grading plan signed and stamped by. a Calif. Registered Civil Engineer shall be required if the
grading exceeds 50 cubic yards er the existing flew pattern is substantially medified as determined
by the City Engineer.
"1..
24. Prior to. commencement of grading operations, applicant to provide to the City with a map of all
propesed hauli'outes to be used for movement ef export material. Such routes shall be subject to
the review and approval ef the City Engineer, .'
25. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all
slepes steeper than 2 to 1 for stability and proper erosien control. An minufactured slepes greater
than 30 h. in height shall be contoured.
, !. ' I .
, 26. The applicant shall adhere to the Cenditions ef Approval from the City Traffic Engineer dated U' .
September 14, 2005. The conditiens are included in the Prier to. Occupancy portion {)f the
P]<lnnlng Commisslon
Appnwcd S(~ptembcr 20~ .2005
AGENDA ITEM NO. ?~
PAGE 1.;,;)..... OF
CONDITIONS OF APPROVAL
Page 3 of8 '
n TENTATIVE TRACT MAP NO. 32786
Conditions of Approval.
27. Tract Phasing Plan shall be approved by the City Engineer. Bond public improvements for each
Phase as approved bytl}e City Engineer. .
28. An Encroachment Permit shall be obtained prior to any work on City right -of-way. '
29; All utilities except electrical over 12 KV shall be placed underground,: as approved by the serving
utility. 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.
,;. >"[. <
30'. Underground water' .rights shall be dedicated to the City pursuant to the provisions of Section
16.52.030 (LEMC), and consistent with the City's 'agreement with the Elsinore ,Valley Municipal
Water District.
31. The applicant shall install permanent bench marks. to Riverside CoiIDty Standards and at a location
to be determined by City Engineer. '. , .
1.
32. Provide fire protection facilities as required in writing by 'Riverside County Fire. Developer shall
'provide an approved open space' conservation easement for the tracts open space 'with a fuel
(\ modification zbne for a fire break to be maintained bya homeowner's association.
33. Open space lots adjacent to residential ]ots shall have areas designated as fuel modification wnes for
a firebreak to be maintained by a homeowner's associatiol}'
, '
36. Applicant shall protect all downstream properties from damages caused by alteration of the drainage
, patterns, i.e., concentrations or diversion of flow. Protectipn shall be provided by constructing
. adequate drainage facilities including enlarging existing facilities and! or by securing a drainage easement.
A maintenance mechanism shall be in place for any private drainage'facilities construCted on-site or off-
site. Any grading or drainage onto private off site or adjacent property shall require a written permission
to grade and! ora perinission to drain letter from the affected landowner.
37. All drainage facilities in this tract shall be constructed to Riverside County Flood ConrrolDistrict
, Standards. An access road for maintenance to detention/water quality basins shall be provided
, . . , ~ . . . . . ,
(1
38. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8
Y.i" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public
works improvements will be scheduled and approved.
Planning Commission
Appro"\,(:d ,.September 20, 2005
AGENDA ITEM NO. '2 b
. PAGE Lt3 OF '
CONDITIONS OF APPROVAL
Page 4 of8
TENTATIVE TRACT MAP NO. 32786
39. A precise survey with closures for boundaries and all lots shall be provided perthe LEMC.
-"
40. Street improvements including street lighting, traffic signals, and traffic' signing and, striping shall be
required as pan of this project. The improvements shall be prepared by a registered civil engineer
and shall meet city and! or riverside county standards.
4 L Street lighting and landscaping on public right~of-way shall be ,maintained by a mamtenance
assessment district or a homeowner's association.
, " '. . , ,
42. All open space and slopes except for public parks and schools and flood coriirol district facilities,
outside the,public right~of-way will bt; owned and maintained by either a home owner's association
" "or private property owner. An access road for maintenance, shall ~e provided.
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43. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear
and grubbing or o~er phases of the construction shall be disposed of at appropriate recycling
centers. The applicant' should contract with CR&R Ine. for recycling and storage container services,
but the applicant may use the services of another recycling vendor. Another recycling vendor, other
than CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is
not using CR&R Inc. for recycling services and the recycling material is eithe~ sold or donated to
another vendor, the applicant shall supply proof of debris disposal ~t a recycling center, including
verification of tonnage by cenified weigh master tickets. U
., '
44. In accordance with the City's Franchise Agreement for waste disposal & recyc1ll1g, 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.
45. Protect palm trees in place, or contact the Community Services of City of Lake Elsinore for Palm
,Tree Preservation Program, LEMC 5.78 Ordinance 1044. .
46. On-site drainage shall be conveyed to a public facility, accepted by adjac~nt property owners by a
e, " letter of drainage acceptance, or conveyed to adrainage easement. ,
" .
47. All natural dran;age traversing the site shall be conveyed through the site, or shall be collected and
conveyed by a method approv~d by the City Engineer.
48. Roof drains shall not be allowed to o~t1et directly through coring in the street ,curb.
49. Roofsshould drain ,to a landscaped area.
50. Applicant shall comply with all NPDES requirements in effect; including the submittal of ~ Water
Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control
Board., '
Planning Commission
Approved September 2C, 2005
?~
OF
ACENDA ITEM NO.
PACE t.; '-I
,
U
(\
CONDITIONS OF APPROVAL
Page 5 of 8
TENTATIVE TRACT MAP NO. 32786
51. Education guidelin~s' and Best Mar;age-rnent Practi~es(BMP) shall be providedt~ residents of the
development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness
education materials on good houseke.eping practices that contnbute to protection of storm water
quality in the Riverside county NPDES Drainage AreiManagement Plan. .' . .
Prior. to Approval of Final Map, urtless other timingis indicated, the subdivider shall complete
the f~llowing or have plans subrtntted and approved, agreel11ents execut~d and securities
posted: .'
52. Applicant shall recordC C &: R's formairiie~ance ofsloiJ<,s, drainage facilities, and srteetlighting
. within the project. TheC C & R's shallbe approved by the Planning Director priortorecordation
offinalmap. . .
53. Applicant shall enter into an agreement with the City for the construction of 'public works
improvements and shall post the appropriate bonds prior to fmal map approval.
54. Applicant shall obtain all necessary off-site easements fOr off-site grading from the adjacent property
. owners priort6 final map approval. ',' '. '., ," '. ': ". . . ,"
, - . . ' .;' '. - . - . . -
55. All fublicWdtks requirements shall he cOnlpliedwith. as a condition of development as specified in
(\ the Lake Elsinore Municipal Code (LEMC) prior to final map approval.
56. Make an offer of dedication for all public streets and easements required by'these' conditions or
shown. on the Tentative Map. All land so offered shall be granted to ,the City free and clear of all
liens and encumbrances and without cost to the citY:" .
57. Some of the improvements shown on the Map and/or required by these conditions are located off-
site on property which neither the CitY nor the subdivider may have no title or interest to permit the
improvements to be made without acquisition of title or interest. The subdivider shall pay 'all costs
for acquisition ohitle or interest.'
,- .. . . ..
58. A Calif. RegiStered Civil Engineer'shall 'prepare street, and: Orainage iinprovement plans and
specifications. Improvements shall be designed and constructed to Riverside' County Road
Department Standards, latest edition, and City. Codes (LEMC 12.04 and 16.34). Street improvement
plans shall show existing and future ptoftles at centerline of street, at top of cum and at centerline of
the alley: The profiles and contourswip extend to 59' beyond the property limits. .'
. . . ... " I.J' . - .
. - .
'59. Interi~rStreets shall be dedicated and improved to public residential street'standatds (40'/60') or as
shown in the map. ...." .
60. Construct half-width street improvements on Stoddard Street '(from V street to Arnold Avenue),
Dryden Street, Dolbeer Street, Terra C:Otta Road, and Lakeshore Drive along project frontage. The
improvenleilts'shall include 'acpaVem~nt, cum and gutter, sidwalk, street lighting, signing and '.'
(\ striping, and necessary drainage improvements (Arnendal bY Planning Gnmissilm on Sepff!Ji1b?r 19,2005).
Planning Commi5sion
Approved September 20. 2085
ACENDA ITEM NO. '70
PACE Lit) OF SO
CONDITIONS OF APPROVAL
Page 6 of 8
TENTATIVE TRACT MAP NO. 32786 .
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61. ~nstruct full half street improvements on Hoff Avenue along project frontage and as shown on the
"rmp(AmendedbyPlanningCamissimmSeptemlr;r20,2005). . . '. '
,. 62. Construct a 24'tempo~ ac pilVedroad that'connects Hoff Avenue to extension' of Terra Cotta
Road . '. '. '. , '" . ,
r.. .r .' .
63. Q>nstruct 24' temporaty ac pavement on Stoddard Street, from .^.rnokl.^.yenuc to Stevens Street
(Amended byPlanningCorrnissim'm Septi7r1lxr 20,2005).
64. Traffic Signing and Striping plans shall be required with the street. improvement plans: Sign,ing and
. striping shall be installed in accordance with the plans approved by the City Traffic Engineer., .
, " "',, '.' , ..,' .'
65. Street ahandmnvu shall be processed andappruadprinr 18 buildingpemit issIlLO':fE as part afjim/map (Amended
by Planning Corrnissim m Sept1'1'11ber 20, 200). " . '
Prior to Issuance of a Grading Pemiit:
66. Sub.cit:gradillg plaits with appropriate security, Hydroiogy and Hydraulic Reports pi~pafed by a
Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding
and! or erosion downstream caused by development of,the site and! or diversion of drainage.
'. '
67. Provide soils, geology and seismic report incluan'Ig ;treet design recoriuneridations; Provide fmal U
, soils report showing compliance with recomme~dations.
, 68. An Alquis-Priolo study shall be performed on. th~ site to identify any hidden earthquake faults
and/or liquefaction zones present on-site.' . .
'69. The applicant shall obtain all necessary off-site easements for off-site grading and/or drainage
: : acceptance from ,the 'adjacent property owners prior togTadillg pennit issuance. . .
70. Applicant to provide erosion control measures as part of their gracfutg plan. The' applicant shall
, contribute to protection of storm water quality and ~eet the goals of the BMP in Supplement "A"
, in the ~verside County NPDES Drainage,Area Management Plan... .
71. Applicant ~hal,i provide the city with proofofhis 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 pennits. The
applicant shall provide a SWPPP for post. construction, which describes BMP's that will be
implemented for the development and including maintenance responsibilities.
Prior to Issuance. of Building Permit:
72. All Public Works requireme~ts shall be c~mplied ~ith a~ aconditio~ of d~velopment as specified in
the Lake Elsinore Municipal yode, (LEMC) prior t'? building pe~t. .
U
Planning COffi!nission
Approved September 20) 2005
ACENDA ITEM NO. 7 Q
PACE Li f,t; OF 50
CONDITIONS OF APPROVAL
Page 7of8
TENTATIVE TRACT MAP NO. 32786
(\
. 72. Stieet abaRdonrneBt shall-be proeesaed ana appHl'led prio~ to ~tlilding jJermitissuanee.
73. Submit a "Will' Serve" letter to the' City Engineering Division _from the 'applieable water ageney
. stating that water and sewer. arrangements have been made for this projeet and speciJy the teehnieal
data for the water serviee at the location, sueh as water pressure andvolumeetc Submit this letter
priono applying for a building permit.
;'"
74. If the projeet is..:.nthin th~ FEMA 1000yr floodplain, th~ applieantm~st submita Conditional Letter
of Map Revision (CLOMR) to FEMA prior to issuanee of. building permits. A Letter of Map
Revision (LOMR) must be approved from FEMA prior to oeeurancy. . . .
, " .. ,-' '.
- 75. PaY all Capital Improvemeqt Mitigatio~ andPlari Ch~ek fees(LEMC 16.34). :.
- . " ,.. .... " . ,-),
Prior to Occupancy:
. . ,
"
- -
76. Pay all fe~s ~d meet reqiIiements obn encroachment permit issuedby' the Engineering Division
for construetion of off-site public works improvements (LEMC12.08, Res.83-78). Per Orulitim No.
83 :\lrfees and - reqtlffemeHts foj>' an 'eHeroaehment permit shall be fulfIlled bef-or-e Certificate of
OCCUf'aRey (A111e11li<<iby Planning Ccmmissimoo Septtmh:r 20,2005):' . .
(\
77. Prior to final cenifIcate of oceupaney of the Tentative Traet Map, the improvements specified
herein and approved by the Planning Commission and the City Couneil 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.
78. All compaetion repons, grade eenifIeations, monument eenifIeations (with tie notes delineated on 8
1/2" x 11" Mylar) shall be submitted to the Engineering Division before fmal inspeetion of off-site
improvements will be seheduled and approved. .
79. If applieable, the applieant to provide FEMA elevation eenifieates prior to eertifieate of oerupaneies
80. All publie improvements shall be completed in aecordanee with the approved plans to the
satisfaetion of the City Engineer.
81. All traffie signing and striping shall be completed in aecordanee with the approved plans to the
satisfaetion of the City Traffie Engineer.
82. Water and sewer improvements shall be completed in aecordanee with Water Distriet requirements.
83. TIlls projeet is subjen to the following traffie conditions of approval by the City TraffIe Engineer:
(\
. By the 100,h Cenifieate of Oerupaney (C of 0) construn Terra Cotta Road from the projecr's
noM boundary to Niehols Road and construn Niehols Road from Terra Cotta Road to the
existing pavement seetion west of Collier Avenue. These roads shall be designed to general
Pl.lnning Commission
Approv~~d September 20, 2005
ACENDA ITEM NO, ? ')
PACE '-I 7 OF SO
CONDITIONS OF APPROVAL
Page 8 of 8
TENTATIVE TRACT MAP NO. 32786
u
.
plan circulation alignment and standards, and shall be paved with a travel lane in each direction.
By the 100m C of 0 a traffic signal shall be constructed and operational at the intersection of
Nichols Road and Collier Avenue..' "
By the 300m C of 0 traffic signals shall be constructed and operational at the: 1-15 freeway
northbound ramp and southbound ramp intersections at Nichols Road.
If Terra Cona Road and Nichols Road cannot be constructed asdefmed in the first item
descnbed above by the 100'h C of 0, a traffic signal shall be constructed and operational at the
. intersection of Lake Street and Temescal Canyon Road by the 100m C of O.
If TerraCona Road and Nichols Road cannot be constructed as defined in the first item
described above by the 100m C of, 0, traffic signals shill' be designed, constructed and
operational at the intersections of Lake Street and the 1-15 freeway southbourid and
northbound ramps by the 200m C of 0 if the above referenced TerraCona Road and Nichols
Road segments are not constructed by the 200m C of O.
By the 50'h C of 0, the intersection of Terra Cona Road and Lakeshore Drive shall be fully
improved and signalized. This intersectio~ will require special design as determined by the City
. Engineer. .: ", . , . . . , ..
By the 250'h C of 0, the interseCtion of Dryden Street ;md Lakeshore Drive shall be fully
improved and signalized. ,
.
.
.
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Planning Commission
Approyed SqHcmb<.:'r 20. 2005
ACENDAITEMNO. '2(2-
PNJE '/2" OF -')0
n
. VICINITY MAP
'TIM NO. 32786
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PROJECT SITE
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PLANNING COMMISSION
n SEPTEMBER 20, 2005
EXHIBIT " A'
AGENDA ITEM NO. 22-
PAGE t.; '1 OF SO
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
,
"
DATE: ~
,oCTOBER 11,.2005 ,
SUBJECT: .
. '
MlTIGATEDNEGATIYE DECLARATWN NO. 2005-'
07/MITIGATION l\10NlTORINGPROGRAM, TENTATIVE
. TRACT MAP, ]'Im: 33370 . (FOR CONDOMINIUM,j.
.' ~ .1 .. ' .
PURPOSES) AND RESIDENTIAL DESIGN REVIEW NO.
2005-02~
APPLICANT:
LUMOS COMMUNITIES, LLC, LEONARD LEICHNITZ,
30713 RIVERSIDE DRIVE, SUITE 201; LAKE ELSINORE
CA 92530.
(\
.\ .' ,.
REQUEST:
The applicant requests approval of:
. Mitigated Negative Declaration No.:. 2005-04/Mitigation ' Monitoring
Program ,'. " -" . ' . .
. Tentative Tract,Map No. 33370 (f()r~ondominium Purposes) .
. Residential Design Review No. 2005-02 .
BACKGROUND:
At theirregular meeting of October. 4,2005, theJ>lanning Commission recommer
adoption and approval of the following: . . . .
(\
. Resolution No, 2005-116 adopting Mitigated Negative Declaration N
07' and '. . ..... . . . .
, . \'., ,,' "
. Resolution No'. 2005-117 :approving Tentative Tract Map No. 333
Condominium pUrPoses);'~nd
. Resolution No. 2005-119 approving DeSign Review No. 2005-02,
I
AGENDA ITEM NO.
PAGE
REPORT TO CITY COUNCIL
OCTOBER 11, 2005
Page 2 of 3
u
DISCUSSION:
The applicant spoke in favor ofthe project and provided additional information for the
Planning Commissioners. There was a request from a Planning Commission to add
features to the Plan lA proposed and the,applicant stated that he would comply with
that request. The Planning Commissioner's discussed the project and asked for
clarification of the proposed improvements to Franklin Street and questioned whether
there was any loss of views, Upon deliberation,the Pl<l;nning Commission voted to
recommend adoption and approval of the project. No Conditions of Approval were
revised. .
RECOMMENDATION:
c
The Planning Commission recommends that the City Council adopt and approve the
following items based on the Findings, Attachments "1" through "10" and attached U
Conditions of Approval:
. Resolution No. 2005-.11L adopting Mitigated Negative Declaration No.
2005-07/Mitigation Monitoring Program; and
· Resolution No. 2005- ~ approving Tentative Tract Map No. 33370 (For
Condominium Purposes); and,
· Resolution No. 2005- rs 3 approving Residential Desigil Review No. 2005-
02.
PREPARED ~Yi
LINDA M. MILLER, AICP ,
PROJECT PLANNER,
APPROVED FOR
AGENDA BY:.
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AGENDA ITEM NO. Q <J-,
PAGE J. OF C4S'..
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REPORT TO CITY COUNCIL
OCTOBER 11, 2005 .
Page3 of3
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ATTACHMENTS: ..
1. Vicinity Map
2. Resolution No. 2005-_ adopting Mitigated Negative Declaration No.
. 2005-07/Mitigation Monitoring & Reporting Program.
3. Resolution No. 2005-_ approving Tentative Tract Map No. 33370 (For
Condominium Purposes).
4. Resolution No. 2005- ~ approving Residential Design Review No. 2005-
02.
5. Conditions of Approval.
6. Planning Commission StaffRepot, Resolutions and Conditions of Approval
of October 4, 2005. n .
7. Full sized exhibits of the TTMNo. 33370, Site Plan, and Grading Plan.
8. Mitigated Negative Declaration No. 2005-07/Mitigation Monitoring
Program. ,
9. Brochure with Floor Plans, Elevations, Entry,Landscape Plan, and Materials .
arid Colors.
IO.Color Exhibits (mounted on boards, presented at Hearing).
Note: Minutes from the Planning Commission hearing of October 4, 2005 were..
not available.
ACENDA ITEM NO.
PACE 3
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OF t.-S-
.. VICINITY MAP
APN 373-071-018
MND NO. 2005-07/MITIGATED MONITORING & REPORTING PROGRAM
TTM NO. 33370, RESIDENTIAL DESIGN REVIEW NO. 2005-02
enrn "
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AC,A.CIAST z
IJITIrllRI mr UW~
ITIIJJJ LAKE.~ST~
TIIIlJI]] ITJJIII[[]][]]
CITY COUNCIL
OCTOBER 11, 2005
AGENDA ITEM NO.
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RESOLUTION NO. 2oo5-ill.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CALIFORNIA, .
ADOPTING MITIGATED NEGATIVE..
DECLARATION NO. 2005-07 AND MHIGATION
MONITORING. AND REPORTING PR09RAM
FOR THE PROJECT KNOWN AS TENTATIVE
TRACT MAP NO. 33370 (FOR CONDOMINIUM
PURPOSES) AND . RESIDENTIAL DESIGN
REVIEW NO. 2005~02
WHEREAS, an application has been filed with the City of Lake Elsinore by Lumos
Communities, LLC to request approval of Mitigated Negative Declaration No. 2005-07 and
Mitigation Monitoring and Reporting Erogram for Tentative Tract Map No. 33370 (For.
Condominium Purposes and Residential Design Review No. 2005~02; and
WHEREAS, Mitigated Negative Declaration No. 2005-07 and the Mitigation Monitoring
and Reporting Program have been prepared to evaluate environmental impacts resulting with the
project; and . .
WHEREAS, public notice of said application has been given, and the City Council has
considered evidence presented by the Community Development Department and other interested
parties at a public hearing held with respect to this item on October 11, 2005; and
WHEREAS, a Notice ofIntent to Adopt (NOI) has been filed with the Office of Planning
and Research (SCH No. 2005091060) and the County of Riverside Clerk of said applications,
and the Planning Division has requested a public review period of said document, from
September 9, 2005 to October II, 2005.
SECTION 1. The City Councilhasfconsidered the proposed Mitigated Negative
Declaration No. 2005-07 and Mitigation Monitoring and Reporting Program. The City Council
finds and determines that the project known as Tentative Tract Map No. 33370 (For
Condominium Purposes) is consistent with all of the required procedures, policies, guidelines
and provisions of the California Environmental Quality Act (CEQA) based on the following
findings: .. . . - ... . .. .
FINDINGS - MITIGA TED NEGATIVE DECLARATION NO. 2005-07 .
I. Revision in the project plans or proposal made by or agreed to by the applicant before
a proposed mitigated negative declaration and initial study are released for public .
review would avoid the effects or mitigated the effects to a point where clearly no
significant effects would occur; and
ACENDA ITEM NO.
PACE S-
2'2..
OF (pS-
PLANNING COMMISSION RESOLUTION FOR
MITIGATED NEGATIVE DECLARATION NO. 2005-03
Page 2 of2
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The applicant has made revisions to theproject or has agreed to specific conditions
which would avoid the effects or mitigate the effects of the project to a point where
no significant effects would occur. ,
2. There is no, substantial evidence, in the light of the whole record before the agency,
that the project as ~evised may have significant effect on the environment.
Pursuant to the evidence received in the light of the whole record presented to staff
the project will not have a significant effect on the environment considering the
applicable Conditions of Approval and Mitigation Monitoring Report Program.
, ,
PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council
of the-city of Lake Elsinore, Cillifomia, that Mitigated Negative Declaration No. 2005-07 and
Mitigation Monitoring Program hereof be adopted. . ",
. PASSED, APPROVED AND ADOPTED this 11th, day of October 2005, by the
following vote: .
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
", .
()
ABSENT:
COUNCILMEMBERS:
.ABSTAIN:
COUNCILMEMBERS:
;'..
Robert Magee, Mayor
City of Lake Elsinore
ATTEST:
Frederick Ray, City Clerk
APPROVED AS TO FORM:
, '
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
(SEAL)
U:\lmiller\ALL FILES\Resolutions-Ordinances\2005\CC RESO MND 2005-07 Lumos IQ-I 1-05.doc
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AGENDA ITEM NO.
. PAGE (;,
2.3
OF 1,,5'
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, " RESOLUTION NO. 2005-~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING
TENTATivE TRACT" MAP NO.' 33370 (FOR
CONDOMINIUM PURPOSES) FOR THE "TERRESA"
PROJECT LOCATED SOUTHEAST OF THE 1-15, SOUTH
OF FRANKLIN STREET(APN 373-071-018) ,
"
"", '.' .... " , ." .'... .. " .. .
, WHEREAs, an,application has been filed with the City 'of Lake Elsinore by Lumos
Communities, LLC' to' request the' approval' bf Tentative Tract Map No. 33370 (For
Condominium Purposes) for the estabiishmlmt of a residentialcond~minium commuriity;and' ,
. '
\ .' .. . .. \ ,. ..'
WHEREAS, public' notice' of said' application has beeri given, and the Planning
Commission has considered evidence pre'sented by the Community Developmtmt Department
and other interested parties at a public hearing held with respect to 'this item on October II,
2005' and ,- '. , c "
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, NOW THEREFORE, the CITY COUNCIL of the City of Lake Elsinore DOES HEREBY
RESOLVE as follows:
('1
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SECTION 1. The City ,Council has considered the proposed request for Tentative Tract
Map No. 33370 (For Condominium purposed) and lias found it acceptable. The City Council
finds and determines that this project is consistent with Section 16 "Subdivisions" of the Lake
Elsinore Municipal Code (LEMC); Section(s) 66424 arid '66427 of theCillifornia Subdivision
Map Act (CSMA) and that Mitigated 'Negative DeClaration No. 2005-07 and Mitigation
Monitoring and Reporting Program 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 followingfindings'and determinations: '
"
, SECTION 2. Thatin 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 - TENTATIVE TRACT 'MAP NO. 33370 (FOR ',CONDOMINIUM
PURPOSES)
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
(Government Code Section 664735).,
The project as designed assists inachieving"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
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ACENDA ITEM NO.
PACE I
'2:S
OF ~S-
CITY COUNCIL RESOLUTION FOR
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES)
Page 2 00 '
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opportunities and a satisfYing living environment for residents of Lake Elsinore (GOAL 1,0,
Housing Element) ,
2. The effects this project is likely to have upon the housing needs of the region, the public
service requirements of its residents' and the available fiscal and environmental resources
have been considered and balanced.
'Considering the effects this projeft is likely to have upon the needs of the region p condition
of approval was implementedwnich 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
}3413(b) of the California Community Redevelopment Law or an alternative equivalent
;action which may include (without limi!ation) dedication of vacantland, 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 redevelopment' _
project areas.
3. Subject to the attached conditions 'of approval, the ,proposed project is not anticipated to
result in any significant environmental impact.
The project has been adequately conditioned by all applicable departments and agencies and U'
will not therefore result in any significant environmental impacts. "
'PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council. of the
City of Lake Elsinore, California, that Tentative Tract Map .No. 33370 (For Condominium ,
Purposes) hereof be approved. '
'.' ,
PASSED, APPROVED AND ADOPTED this nth day of October2005, by the,
following vote:
AYES:"
COUNCILMEMBERS:
, . I,'
NOES:
COUNCILMEMBERS:
ABSENT:
. COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Robert Magee,' Mayor
, City:of Lake Elsinore
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ACENDA ITEM NO.
PACE g
2~
OF tn,')
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CITY COUNCIL RESOLUTION FOR:
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES)
Page 3 of3 .
ATTEST:
.'-.'
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Frederick Ray, City Clerk
'. .
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney. .!'
City of Lake Elsinore
(SEAL)
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(\ U:\lmiller\ALL FILES\ResoJutions-Ordinances\2005\CC RESO TIM 33370 for Condo Lumos JO-II-05 .doc
ACENDA ITEM NO.
PACE q
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2.3
OF (,~S:_____
RESOLUTION NO. 2005-ill.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING
RESIDENTIAL DESIGN REVIEW NO. 2005-02 FOR THE
DEVELOPMENT "TESSARE" LOCATED AT SOUTHEAST
OF THE 1-15 FREEWAY, SOUTH OF FRANKLIN STREET
- APN 373-017-013
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WHEREAS, an application has been filed with the City of Lake Elsinore by Lumos
Communities, LLC to request the approval of Residential Design Review No. 2005-02 for the
design, construction and establishment of a residential condominium community; and
~
WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the
responsibility of approving the Design Reviews for residential projects; and '
WHEREAS, public notice of said application has been given, and the Planning
Commission has considered evidence presented by the Community Development Department
and other interested parties at a public hearing held with respect to, this item on October .11,
,2005; and
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 request for Residential
Design Review No. 2005-02 and has found it acceptable. The City Council finds and determines
that this project is consistent with the Lake Elsinore Municipal Code and determines that
. Mitigated Negative Declaration No. 2005-07 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:
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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 - RESIDENTIAL DESIGN REVIEW NO. R 2005-02
1. The project, as approved, will comply with the goals and objectives of the General Plan and
the Zoning DistriCt in which the project is located.
The proposed Residential Design Review contained herein complies with the goals and
objectives of the General Plan, in that the approval of this Condominium Community will
assist in achieving the development of a well-balanced and functional mix of residential,
commercial, industrial, open space, recreational and institutional land uses a~ well as
encouraging industrial land uses to diversifY Lake Elsinore's economic base.
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AGENDA ITEM NO.
PAGE J 0
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OF 10 6-/
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CITY COUNCIL RESOLUTION FOR
RESIDENTIAL DESIGN REVIEW NO. 2005-02
Page 2 of3
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2. The project complies with the design directives contained in Section 17.82.060:and all other
applicable provisions of the Municipal Code.
The proposed Residential Design. Review contained herein is appropriate to the site and
surrounding developmentsiri .that .the Condominium project has been designed in
consideration of the size and shape of the property, thereby creating interest and varying
vistas as a person moves along the street. Further the project as proposed will create a
visually pleasing non-detractive relationship between the proposed and existing projects in
the architectural design, color and materials and site design proposed evidence a concern
for quality and originality.
3. Subject to the attached Conditions. of Approval, the proposed project is riot anticipated to
result in any significant adverse environmental impacts.
Although the proposed project could have a significant effect on the environment, because
revisions in the project have been made by or agreed to by the project proponent and
significant adverse effects would not be anticipated. Further, pursuant to the California
Environmental Quality Act (CEQA), the Mitigated Negative Declaration for the proposed'
Residential Design Review referenced herein found that the proposed project will not have a.
significant effect on the environment pursuant to the attached Conditions of Approval and
mitigations proposed .
4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including
guarantees and evidence of compliance with conditions, have been incorporated into the
approval of the subject project to ensure development of the property in accordance with the
objectives of Chapter 17.82.
Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore
Municipal Code (LEMC), the proposed Residential Design Review referenced herein has
been scheduledfor consideration and approval of the Planning Commission.
PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council of the
City of Lake Elsinore, California, that Residential Design Review No. 2005-02 hereof be
approved.
PASSED, APPROVED AND ADOPTED this 11th day of October 2005, by the
following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
AGENDA ITEM NO.
PAGE ) J
2~
OF I"J)
CITY COUNCIL RESOLUTION FOR
RESIDENTIAL DESIGN REVIEW NO. 2005"02
Page 3 of3
ABSTAIN: 'COUNCILMEMBpRS:
"
,"
Robert Magee, Mayor
City of Lake Elsinore
ATTEST:
Frederick Ray, CityGlerk
l.
APPROVED ASTO FORM:
I')
Barbara Zeid Leibold, City Attorney
, City of Lake Elsinore '
(SEAL)
~ c. _' r ".
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U:llmillerlALL FILESIResolutions-Ordinancesl2005lCC RESO Res; DR 2005-02 Lumos 10-1 1-05,doc
ACENDA ITEM NO.
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CONDITIONS OF APPROVAL
FOR
, MITIGATED NEGATIVE DECLARATION NO. 2005-07,
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL
DESIGN REVIEW NO. 2005-02, AND CONDITIONAL USE PERMIT NO. 2005-01
, FOR "TESSERA" ~ APN 373-071-018
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GENERAL CONDITIONS
"JT: .
1. The ~pplicant 'shall defend (with'counsel acceptable to the' City), indemnify, and hold harmless the City,
its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its
Official, Officers"Employees, or Agents to, attach, set aside, void, or annul an approval of the City, its
advisory ageri~ies: appeal b.oirds; of 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 Sedion21167. 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 riot, thereafter, be responsible to defend, indemnify, or hold harniIess the City.
2. The applicant shall submit a money order, cashier's check or check, made payable to the County
Recorder, for filing 'of a Certification of Fee'Exemption "De Minimis Impact'Finding." in the. amount
of $64.00 to the Pla,nning Division within 48hours'of the City Council approval date for the required
Environmental Filing..' .
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3.
The applicant shall comply with those mitigation'measures
Declaration No. 200S-07/Mitigation Monitoring' Rep~rt
No.200S091060) for the "Tessera" project.' ,
4. 'Th,e applicant shall completely avoid the aloe': identified as the "riparian habitat" area and shall' use
appropriate Best Management Practices (BMPs). '
identified: in the Mitigated Negative
and 'Program" (State. Clearinghouse
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5. Condition~l Use Permit No. 2005-01 for the condominium project shall run with the land and shall
continue to be valid upon any change of ownership Of the site or structure which was the subject of the ,I
Conditional Use Permit (CUP) applicatiori.'
TENTATIVE PARCEL MAP NO. 33370 (FOR CONDOMINIUM PURPOSES)
6. The Tentative Parcel 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 ftIed 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,' ' , . " '
, ",.
7. The Tentative Parcel Map shall~omply ~th the State of California Subdivision Map Act and shall
comply with all applicable requirements of the Lake Elsinore Municipal Code, Tide 16 unless modified
by approved Conditions of Approval.
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Page 1 of12
AGENDA ITEM NO.
PAGE I '3
Q2,
OF &,)-
CONDITIONS OF APPROVAL
FOR
MITIGATED NEGATIVE DECLARATION NO. 2005-07, . U
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL
DESIGN REVIEW NO. 2005-02, AND CONDITIONAL USE PERMIT NO. 2005-01.
FOR "TESSERA" - APN 373-071-018 .
8. Prior to final certificate of occupancy of Tentative Parcel 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.
. .
9. Prior to issuance of a grading permit, the. applicant shall prepare and record CC&Ws against the
condominium co~plex. The CC&R's shall be.reviewed and approved by the Community Development
Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining
common areas,' parking and drive aisle areas, landscaped areas. including parkways, and methods for
common maintenance.. of all underground, arid ab~ve ground utility infrastructure improvefIlents
necessary to support 'the .complex. In a<ldition, CC&R's .shall established methods to. address design
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improvements. '
10. 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 fIDancially 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
auth,?rity to control, and duty to maintain, all said mutually availa,ble 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 ass~ssments tq 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. ..
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11. Provisions .to restrict parking upon other than approved and developed parking spaces shall be written
into the covenants, conditions and restrictions for each project.
12. The Home Owner's Association shall be established prior to the sale of the first dwelling unit.
13. Membership in the Home Owner's Association shall be mandatory.for each buyer and any successive
buyer. .
14. 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). homeqwner's association with common area for rhe total development of the subject project
(phase I) and the proposed project (phase II). :
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Page 2 ofl2.
ACENDA ITE~ ~~'-: Q? tJ'
PACE.-L..:l-OF A
n
CONDITIONS OF APPROVAL
FOR
MITIGATED NEGATIVE DECLARATION NO. 2005-07,
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL
DESIGN REVIEWNO. 2005-02, AND CONDITIONAL USE PERMIT NO. 2005-01
FOR'''TESSERA'' - APN 373-071-018
15. In the eve'nt the association or other legally responsible person(s) fail to maintain said common area in
such a manner as to cause same to constitute a public nuisance, .said City may, upon proper notice and
hearing, institute summary abatement procedures and impose a lien for the costs of .such abatement
upon said common area, individual units or whole thereof as provided by law.
16. Each unit owner shalI.have full access to commonly owned areas, facilities and utilities.
RESIDENTIAL DESIGN REVIEW NO. 2005-02
',t.
17.-Design -ReView approval for Residential Design Review No. 2005-02 will lapse. and be void unless
building permits are issued within one (1) year of City Council approval. The Community Development
Director may grant an extension of time of up to one (1) year per extension, prior to.the expiration of
the initial Design Review approval. Application for a time extension must be submitted to the City of
Lake Elsinore one (1) month prior to the expiration date.
18. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building
r'" -Division Plan Check. ..All Conditions ofApprovalshall'be met prior to the issuance of a Certificate of
Occupancy and release of utilities. .." .
19. The dwelling units are two: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 pool area t:4ey
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 building elevations
shall be subject to the review' of the Community- Development Director. All plans submitted for
Building Division Plan Check shall conform to' the submitted plans as modified by Conditions of
Approval, '.or the Planning Commission/ Citr Council through subsequent action,
21. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to
development shall be architecrurally 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 lightihg shall be shielded and directed- on-site so as not to create glare onto
. neighboring property and streets or allow illumination above thehorizontal'plane,of the.fixrure. All
light fIXrures 'shall match the architecrural style of the building.
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Page 3 of 12
AGENDA ITEM NO. 1.. 3
PAGE ) S- OF &.5-
CONDITIONS OF APPROVAL
FOR'
MITIGATED NEGATIVE DECLARATION NO. 2005-07, U
TENTATIVE TRAcT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL
DESIGN REVIEW NO. 2005-02, AND CONDITIONAL USE PERMIT NO. 2005-01
FOR "TESSERA" - APN 373-071-018 :
23. The applicant shall meet Americans with Disabilities Act (ADA) requirements. The club house shall
comply with all ADA requirements, including an accessible path of travel from the public way and
including an accessible parking space. Any common use areas would also be subject to accessibility
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 Class "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 the plans and materials board shall, be used. unless modified by the
Community Development Director or designee.
28. Decorative paving shall be'included at the entryway and shall be shown on the construction drawings
submitted to Building and Safety. "
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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 ^' GRADING PERMIT,
31. 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 J:>ondmay be required to pay for damages to the public right_of -way,
subject to the approval of the City Engineer.
<. ....t
32. Prior to. issuance of any grading permit or building permits, the applicant shall. sign and complete an
."Acknowledgement of Conditions" form and. shall return the executed original to the Planning Division
for inclusion in the case records. .
33. The applicant shall submit a photometric study for those light standards located in the proposed
condominium project. Said study shall ensure that parking lot light~ will not disturb. neighboring land
uses and shall be approved by the Community Development Director or designee. .
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Page 4 of 12
ACENDA ITEM NO.
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CONDITIbNS OF APPROVAL' ,
'. . FOR
n . . ,MITIGATEDNEGATlVE DECLARATiON NO. 2005-07". ,.,
. . TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL
DESIGN REVIEW NO. 2005-02, AND CONDITIONAL USE PERMIT NO. 2005-01
FOR "TESSERA" - APN 373-071~018
PRIOR TO ISSUANCE OF A BUILDING PERMIT
34, Pnor to the issuance o'f building permits, the applicant shall' enter into'an agre~ment 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 Redi:velopm~nt Law or an ~lternative equiYalent 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 sufficie"!-t funds to underwrite the long-termaffordability of an
equivalent number of affordable dwelling units constructed ,or,. substantially rehabilitated on other sites
within'the City's redevelopment project areas, "
35, 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 issues in, the City. '
.- ' ,,^
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n
36. 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 hndscaped 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 which includes a maintenancefee to Southern California Edison,
37. A Fencing Plan shall be review and approved by the Planning DiviSIon prior to the issuance of building
permits. " "
38, Pursuant to Ordinance No. 1124, prior to the issuance of abuilding permit the applicant shall pay the
applicable Multiple Species Habitat Conservation Plan (MSHCP) Fee.
39. 'Three (3) sets of ' the Final Landscaping/Irrigation Detail Plan, shall be submitted, ~eviewed a;"d
approved by the City's Landscape Architect Consultant and the Community Development Director or
designee, prior to issuance of building permit, ; ,A Landscape Plan Check&' Inspection ,Fee will be
charged prior to final landscape approval based on the Consultanes fee plus forty percent (40%) City
fee,
- . ~ ,
a, All planting areas shall have permanent and automatic sprinkler system with 100% plant and
grass coverage using a combination of drip and conventional irrigation methods,
i J "
b, Applicant shall plant street trees, selected from, the City's Street Tree List, a maximum of
thirty feet (30) apart and at least twenty-four-inch (24") box in size,
n
c. All planting areas shall be separated from paved areas with a six inch (6") high and six inch
(6") wide concrete curb,
"
Page50f12,
ACENDA ITEM NO. '23
PACE II OF ~5"
CONDITIONS OF APPROVAL
FOR
MITIGATED NEGATIVE DECLARATION NO. 2005-07,
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL U
DESIGN REVIEW NO. 2005-02, AND CONDITIONAL USE PERMIT NO. 2005-01
. . ,I _ _. . "'.
FOR "TESSERA" - APN 373-071-018 .
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
SO%parking I~t shading in fifteen (lS).yea~s. .
f. Any transformers ~;':d mechanical 'or electrical equipment shall be indicated on landscape
plan and screenedas part of the iandscaping plan. .
g. The landscape plan shall provide . for .ground cover, shrubs, and trees and meet all
requirements of the City's adopted Landscape Guidelines. Special attention to the use of
Xeriscape or drought resistant plantings with combination drip irrigation system to be used
to prevent excessive watering.
h. All landscape improvements shall be bonded.100% for material ~nd labor for two years from
installation sign-off by the City. Release of the landscaping borid shall be requested by the
applicant at the end of the required two. years with approval! acceptance by the Landscape
Consultant and Community Development Director or Designee. .
" i. All landscaping and irrigation shall be installed within affected portion of any phase at the U
.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 Jandscape plans to include planting and irrigation details. ,
40. 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 oE-building permits and fmal approval.
41. Pnor to issuance of building permits, applicant shall provide assurance that all required fees to the Lake
Elsinore Unified School District have been paid.'
42. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the
Riverside County Fire Department have been met.. .
"
43. Prior to issuance of building permits, applicant shall pay park-in-Iieu fee in effect at time of building
permit issuance.
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Page 6,of 12
U
ACENDA ITEM NO.
PACE /?'
Z3
OF ~S-
CONDITIONS OF APPROV At
FOR
(\ MITIGATED NEGATIVE DECLARATION 1':'10; 2005~07,
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL '
DESIGN REVIEW NO. 2005~02, AND CONDITIONAL USE PERMIT NO. 2005-01"
FOR "TESSERA"- APN 373-071-018
ENGINEERING
44. All Public Works requirements shall be complied with as a condition of development as specified in the
Lake Elsinore Municipal Code (LEMC) prior to building permit.
45, Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26),
. , " '. - ",' - ;,-]..-.
)
46. Subrrut a "Will SerVe" letter to the CitY Edgmeering Division from the applicable water agency stating
that water and s~wer arr:"'gements have 'been made for this project: Submit this letter prior to final map
approval. .' ' I ' ", ' . .
47. Arrangements f~r relocation ofuti!iryc01rtp,uiy' fa~ilities' (power poles, v'aults,etc'.) out of the roadway or
alley shall be the responsibility of the 'property owner or his agent.
48. Provide 'fJe pr6tectionfaciliti~s as r~qWre'cl in wntingbyRiverside County Fire. 'Secure, from Fire
Dep~rtiUen:t, app;ov~1 of the 36fe'et curb-to-cu'rb wide street with parkeil cars on ':'ne side as fire land
,and nu:nmg radius ~t'intersections of.tw036~eet curb-t6-~urbstreetsforfire engines. ".
(\ 49. In accordance with the CitY's Fnirichise Agteement for waste di.posaI' & re~cling, the applicant shall be
required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation
'a"d other rubbish generated during cleanihg, demolition; clear arid grubbing or all ~ther phases of
construction. If the applicant is not using CR&R Inc:, for recycling services and the recycling material is
either sold or donated to another vendor, the applicant shall supply, proof of debris disposal at a
recycling center, mcluding verificaiion'Of tonnage by certified'weigh master tickets.
50. ,All open space and slopes except for public parks and schools and flood control district facilities,
outside the public right-of-way will be owned and maintained by either a homeowner's association'or
private property owner.
51. Applicant.hall record CC&R's for the tract prohibiting on-street storage of boats, motorhomes, trailers
'and truckS' over one-ton capacity, roof 'mounted' or' front yard rrucrowave satellite antennas. The
CC&R's shall be approved by the CommurUry: Development Director prior to recordation of fmal map.
52. Applicant shall '~ause to be recorded a CC&R's"With recordation of final map which provides for,'
irrevocable reciprocal p:.rklllg, circulation, loading andlan'dscape'maintenanceeasement in favor of 'the
units in each lot, subject to the approval of the Direct~r of'Community Development arid the City
Attorney. The CC&R's shall enforce standards of building maintenance, participation in landscape
maintenance, prolUbitic:in of outside vehicle or mateiialstorage.'
53. Applicant shall provide a homeowner's association with CC&R's for maintenance of the open space.
(\
Page 7 0(120"
ACENDA ITEM NO.
PACE I 1
r')3
OF &5"
CONDITIONS OF APPROVAL.
, "
FOR
MITIGATED NEGATIVE DECLARATION NO. 2005-07, , U
TENTATIVE TRACT MAP N:O, 33370 (FOR CONDOMINIUM PU;RPOSES); RESIDENTIAL .
DESIGN REVIEW NO. 2005-02, AND CONDITIONAL USE PERMIT NO. 2005-01
FOR "TESSERA" - APN 373-071-018'
54. Existing access easements over property, if any, must be addressed to the satisfaction of the easement
owners prior, to final map apP!oval..
Street Improvements:
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55. Construct all public works improvements per approved street plans (LEMC'12.04). phns m{,st be
approved and signed by the City Engineer prior ,to llnal map approval (LEMC 16.34). Franklin Street
shall be, improved from prop~rtyline to one foot beyo,nd centerline of Fr~pklin Street and it will extend
within the frontage of the property plus any transition beyond as 'required per approved street
improvement plans. Avenue 5 will be graded within the 60 feet wide right of way. Avenue 5 shall be
improved from property line to minimum of 12 feet beyond center.line of Avenue 5 and within full
length of the property on Avenue 5. ' .,,";, '
56. Street improvement plans and 'specifications shall be prepared by ,a Calif. Registered Civil Engineer.
Improvements shall be designed and constructed to Ril'erslde !=ounty Road Department Standards,
latest edition, and City Codes (LEMC 12.04 and 16.34). Franklin Street and Avenue 5 plan~ shall sho~
profiles at centerline and top of curb to 50 foot beyond the property frontage length. The profile of the'
Avenue 5 plans shall be d,esigned frominterse~tio,ns of Franklin Street to Mill Street.
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57. Applicant shall enter into an agreement with ,the City for, the," construction ot' public' w~rks
improvements and shall post the appropriate b!"nds' P,rior to final map approval.
58. Desirable design grade for local'streets should not exceed 9oi~:, !he rnaJcimum grade of 15% should only
be used because of the design constraints. ' , , ., , , " .., '
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59. Interior streets shall be designed with maJillnum,5% as the desired grade and fnt,ersecting'streets shall
meet at a maximum grade of 6%. Each leg of the intersection approach shall be a minimum of40.feet
long at a maximum 6% grade. .'
'.' . (' ."
60. Pay all fees and meet requirements o( encroachment permit issued by the E;'gineermg Di~ision for
construction of public works improveme,:,ts, ,(L.Etv,IC 12,Q8 and Resoluti()n 83-78)., '
61. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/2"
x:11" Mylar) shall be submitted to the,Engineering Divisi()n before final in;pectiotl of public, works
improvements will pe scheduled and approveq,
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62. The applicant shall install two permanent benchm,,:rks to'Riverside County Standards and at a location
to be determined by City Engineer.
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Page,8 of 12
,
ACENDA ITEM NO. 1..3
PAGE ;) 0 OF to S-
CONDITIONS OF APPROVAL
FOR
(\ , . MITIGATim NEGATIVE DECLARATION NO. 2005-07,:
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES); RESIDENTIAL
DESIGN REVIEW NO. 2005-02, AND CONDITIONAL USE PERMITNO.,2005-01
FOR "TESSERA" ~ APN373-071-018
63. Provide' ~treetlighting, at interval of 200 +/ _' 20 feet, and show lighting improvements as part of street
improvement plans 'as required by the City Engineer. Revise street lighting on Franklin Street to provide
street lights at intersection of Street "A" with Franklin Street, and on Avenue 5 and its ,intersection.with
Street "DH.
64. Developer shall install bluerdlective pavement markers in the street at all fire hydrant locations.
65. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be
approved prior to fmal map approval. All traffic control devices shall be installed prior to final '
inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets
Within the tract. . " .' , " .., ."
"
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66. All improvement' plans and tract mapssiiallbe digitiied.At. Certificate of Occupancy applicant shall
subnUt tapes'and/or discs which are compatible with . City's ARC Info/GIS or developer to pay $1,000
per sheet for City digitizing. ' '
67. All utiliti~s' except electrical over 12 kv shall be placed underground, as approved by the serVing utility.
/'""'\ . , ,," .
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68. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular
attentiori should be taken for intersections 60 the inside'of curves);' If site distance can be obstnicted; a -
special limited use easement must be recorded to" limit the slope,' type of landscaping and wall
placement. ,
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69. Intersecting streets on the inside radius bf a curve will only'be pennitted when adequate'sight distance is
verified by a registered civil engineer.
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Traffic:
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70. Developer has submitted a traffic study; it has been reviewed by City Traffic Engineer. The study show
. that the volume of traffic'will impacts the intersection ofthe Main'Street and Franklin Street, and ,that
'tIie inte~section needs to be signalized to mitigate the imp'act.' 'j "
71. The Study also shows that the centerline radius of Franklin Street at the northeast comer of the project
should be a minimum of 300 feet.
72. The General Plan calls for extension of Pottery Street to Auto Center Drive to fit between the northeast
comer of this project and the freeway. Trafflc. study shows that 'there is no' need to. dedicate additional
right-Of-way for this purpose."
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Page 9 oE12
ACENDA ITEM NO.'} 3
PAC~OF &S-
CONDITIONS OF APPROVAL
FOR
MITIGATED NEGATIVE DECLARATION NO. 2005-07,
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL U
DESIGN REVIEW NO. 2005-02, AND CONDITIONAL USE PERMIT NO. 2005-01
FOR "TESSERA" - APN 373~071~018
73. Developer shall construct four ':Nay traffic signal system at the intersection"of Franklin Street and Main
Street. The poles and arms of the traffic. signals .shall ,be compatible with the downtown area
architectural design theme. Developer shall, be reimbursed fo~ the traffic signal'system through the City's
TIF funds.
74. No residentialloi shall front any public roads; access to the project shall be restricted on Fr,anklin Street
and Avenue 5 and so noted on the final map.
Grading:
75. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading
plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50
cubic yards or theexistirig flow pattern is substantially modified as determined by the City Engineer. If
the grading is less. than 50 cubic yards and a grading plan ,i~. not required, a grading permit shall still be
obtained so that a cursory drainage and flow pattern inspection can be conducted before gra'ding begins..
76. Applicant shall ootain all necessary off-site easements for off-site; gr~ding from the adjacent property
owners prior to final map approval.' .
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77. Provide soils, geology.and seismic report including street.design recotnplendations. Provide final soils
'report showing compliance with recommendations. .
78. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes
steeper than 2 to 1.for stability. and proper erosion controL All m.anufactured slopes greater than 30 f~.
in height shall be contoured. " , .
79. 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.
80. Applicant to provide to the City a photographic baseline record of the condition of all proposed public
City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring p;'blic
roads to the baseline condition. A bond may be required to ensure payment of damages to the public
'right-of-way; subject to the approval of the City Engineer.
Drainage:
81. Individual lot drainage shall be. conveyed to a public facility, including streets and! or drainage channel,
or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage
easement.
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Page 10 of 12
ACENOA ITEM NO. 23
PACE .A d-OF GrS-
CONDITIONS OF APPROVAL
FOR'
(\ , MITIGATED'NEGATIVE DECLARATION NO. 2005-07,.
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES); RESIDENTIAL
DESIGN REVIEW NO, 2005~02, AND CONDITIONAL USE PERMIT NO. 2005-01
FOR "TESSERA" ~ APN 373-071-018
82. On site drainage facilities located outside of road right-of-way should be contained within drainage
easements shown on the fmal map, A note should' be added to the final map stating: "Drainage
e~sements shall be kepi free of buildings and'obstructions.'"
83. 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.
84, Submit Hydrology and' Hydraulic Reports foneviewand approval by City Engineer prior to approval of .
final map. Developer shall mitigate any flooding and/or erosion caused by development of site and
'diversion of drainage.
85. Identify potential runoff pollutants associated with the proposed project and address it in project-
specific WQMP.
86, The detention basin shall address Hydraulic Conditions of Concern. It shall achieve post development
runoff flow rates, volumes, velocities and durations that prevents significant increases in down stream
erosion compared to the pre-development condition and prevent significant adverse impact on adjacent
properties during the 2-year and 10-year, 24'hour rainfall event.
(\
87, Address the water quality and passageway of the daily nuisance runoff thruthe detention basin/water
quality area,
88. Provide outlet structure and riprap at storm drain outlet.
89. All drainage facilities in this tract shall be. constructed to Riverside County Flood Control District
Standards, ' .
90. Storm drain inlet facilities 'shall be appropriately stenciled to prevent illegal dumping in the drainsysteni,
the wording and stencil shall be approved by the City Engineer,
91. Roof drains must be drained to a landscaped area, or be treated per WQMP requirements prior to
release into public drainage system or other properties.
92. 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.
93. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master
Planned Drainage facilities constructed.
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Page 11 of 12
AGENDA ITEM NO. ? ~
PAGE ;;L? OF J-
CONDITIONS.OFAPPROV~
FOR
MITIGATED NEGATIVE DECLARATION NO. 2005-07, U
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIU~ PURPOSES), RESIDENTIAL
DESIGN REVIEW NO. 2005-02, AND CONDITIONAL USE PERMIT NO. 2005-01
FOR "TESSERA" - APN 373-071-018
I
94. Applicant shall provide' the city with proof of his having filed a Notice of Intent, with.the Regional
Water Quality Control Board for the NationaLPollutant Discharge Elimination System (NPDES)
program with a storm water pollution prevention plan prior to issuance of grading permits, The
applicant shall provide a SWPPP for, post construction, which describes. WQMP that, ,will be
implemented.
, ~ ,
95. Education guidelines and Best Management Practices (EMP) 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. .
Dedication:
,
96. Dedicate a 30' wide' strip of street rightcofcway along the easterly property line along Avenue. 5.
Dedicate additional right-of~ay for a standard comer cutback for the future curb return, at the
northeasterly comer of the lot for a 300 feet radius horizontal curve at, centerline of Franklin Street. See
Traffic section for other possible dedication requirements. U
MisceUaneous:
97. Show location of all perimeter walls on Tentative Tract Map.
End of Conditions ' "
Note: * Italics indicates addition to text, strikethreagh indicates removal from text.
U,\lmiller\ALL FILES\Condition, o,f Approyal\2005\PC CofA 10-4-05 Lurn?, MND 2005-07, TIM 33370, R 2005-02, CUP 2005-0Ldoc .
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Page 12 of q ,
ACENDA ITEM NO. '2 2,
PACE J.4 OF (~5
",
(\
PLANNING COMMISSION
.., . . . .. -
STAFF REPORT
CirydlAeBsinore
PI,,,,,,;,,! D;"isii"
B()S.~b.nSt=
1m Elmott, c..... 92530
('Xl9)614-3124
(909} 411-141<)fu
.:,,^
.....~IIIl'~~\~
DATE:
j'.. 'r. "
Octob~i 4, 2005
':f0:
Chairman and Members of the Planning Commission
FROM:
';
Robert A. Brady, City Manager
J Linda M. Miller, Project Planner .
Draft l'vfitigated Negative Declarati';n No. 2005-07, Tentative Tract
Map No. 33370 (For Condominium J?urposes), Conditional Use
. Permit No, 2005-01, and Residential Design Review No. 2005-02 -
APN 373-071-018
PREPARED BY:
PROJECT TITLE:
(\
,,'
Lumos Communities, LLC, Attention: Leonard Leichnitz, 30713
Riverside Drive, Suite 201, L~ke Elsinore, California 92530 (Owner:
Same) 4995 Murphy Canyon Road, Suite 402, San Diego, California
92123 (Owner: RancOn Current Yield .12+, LP, C;O RP Sanders &
Company, 33 North Stone, Suite 1905, Tucson, Arizona 85701
j
APPLICANT:
PROJECT REQUEST
. l'vfitigated Negative Declaration .No. .2005-07. The City of Lake Elsinore intends to adopt a
Mitigated Negative Declaration (MND)pilrsuant to the Guidelines established by the
California Environmental Quality Act (CEQA).
. Tentative Tract Map No. 33370 (For Condmnini,!mPurposes).The applicant is requesting
approval of Tentative Tract Map No. 33370 (For Condominium Purposes) pursuant to
Section 16 "Subdivisions" of the Lake Elsinore Mumcipal Code (LEMC), Chapter 17.30
(Condominium and Condo Conversions) of the LEMC, and Sections(s) 66424 and 66427 of
the California Subdivision Map Act (CSMA).
;',
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. Conditional Use Permit No. 2005-01. The applicant is requesting the approval of a
conditional use permit to allow for the development of ninety (90) single family detached
condominium units which will be part of an underlying common area pursuant to Chapter
ACENOA ITEM NO. 2.3--
PAGE ;:), S- OF &S-
PLANNING COMMISSION STAFF REPORT
OCTOBER 4, 2005
Page 2 oft3
PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. .2005-07
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM
PURPOSES), CONDITIONAL USE PERMIT NO. 2005-01, AND
RESIDENTIAL DESIGN REVIEW NO. 2005-02 - APN 373-071-018.
u
17.30 (CQndQminium and CQndQ CQnversiQns) and Chapter 17.74 (CQnditiQnal Use Permits)
Qf the LEMC.
. Residential Design Review N 6. 2005-02. The applicant is requesting Design Review
cQnsideratiQn for the constructiQn Qf ninety (90) single family detached residential
condQminium units. Review is pursuant tQ applicable Chapters. in the LEMC.
BACKGROUND
In the past, the subject prQperty, knQwn as the "Old RQdeQ Grounds", was zQned R-3 (High
Density Residential) District. In 1998 RancQn Current Yield 12+LP' purchased the property.
Subsequently, the previQus Qwners requested a ZQne Change frQm R-3 (High Density Residentia~ to
C-2 (General Commercial) and a corresPQnding General Plan Amendment from Medium High
Density Residential to General Commercial. The applicant request tQ retum the property to the
Qriginal ZQning designatiQn Qf R-3 with a General Plan consistency ch~nge tQ Medium High Density,
allQwing a maximum of 18 dwelling units per net acre. City Council appf<?ved this request Qn August
, /
9,2005. -
u
PROJECT LOCATION
The 9.11 net acre project site is IQcated sQutheast of the 1-15 Freeway, SQuth of Franklin Street
(APN 373-071-013). . '. . .
ENVIRONMENTAL SETTING
EXISTING ZONING GENERAL PLAN
LAND USE
PrQject Site Vacant R-3, High Density Residential . Medium High Density
North Vacant C-2, General Commercial Medium Density
East Vacant R -1, Single F amilv Residential Future SP 'K'
SQuth Vacant R-1, Single Familv Residential Future SP 'K'
West Vacant R-1, Single Family Residential . Future SP 'K'
PROJECT DESCRIPTION
TENTATIVE TRACT MAP NO. 33370 (fOR CONDOMINIUM PURPOSES)
The applicant requests apprQval tQ establish a proPQsed residential cQndQminium community knQwn
as "Tessera." Pursuant tQ Section 66424 Qf the CalifQrnia SubdivisiQn Map Act (CSMA)
u
AOENDA ITEM NO. ?-.3
PACE ;}{o OF /oS-
PLANNING COMMISSION STAFF REPORT
OCTOBER4, 2005
n Page 3 of 13
PROJECT TITLE:
MITIGATED NEGATIVE DECLARATION NO. . 2005-07
TENTATIVE T~CT MAP NO. 33370 (FOR CONDOMINIUM
. PURPOSES), CONDITIONAL' USE PERMIT NO. 2005-01, AND
RESIDENTIAL DESIGN REVIEW NO. 2005':02 ~ APN 373-071-018.
condomiim proje~tS' are defined 'as "subdiVision," and are reviewed pursuant to Section 16 of the
LEMC. . '.. .
The proposed Map is divided into five (5) numbered residential lots, one (1) numbered recreation
center lot and three (3) lettered lots used for streets and common area. The numbered residential
lots range in siz~ fromi-ot 1, 74,508 squarefeetthat in~ludes 24 units to Lot 4, 33,687 square feet
that includes 12 units. Lot 5 is an'l1,669 square feet parcehhat includes the recreation center. The
recreation center con'si;ts of a pool, club house;covered picnic area and parking for five (5) vehicles.
CONDITIONAL USE PERMIT NO. 2005-01
Pursuant to Chapter 17.30, of the LEMC, the applicant is requesting a Conditional Use Permit for
the establishment of the s';bject condominium project: The Planning Commission is 'empowered to
grant or deny applications for Conditional Use Perrilits and to impose reasonable' conditions upon
the granting of Conditional Use P~rmits. '" ,
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RESIDENTIAL DESIGN REVIEW NO. R 2005-02
,. -,
Site Plan
,
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The projeCt is being developed. on a vacant 9.9 gross acre site: ; Access is via .two (2) decorative
paved streets located at Avenue 5 and Franklin Street. The development is a clustered plan that
typically includes six (6) units per cluster: The entrance . to each cluster will be a "T" shaped
decorative concrete paved area: The recreation center is located at the center of the project and
consists of a pool, club house and covered. picnic area. The condominiums are single family
det~ched' units with private indi~dual fenced rear yards and private entrances. "
There will be three (3) condominium plans offered. Each plan will have three (3) different elevations: .
available. All of the' plans are two storyunits with attached two (2)' car garages. Plan 1 is a 1,560.
square foot unit consisting ofa great room, kitchen, and bath:on the first floor and three bedrooms,
two baths and a h1undry 'area on the second floor. Plan 2 is a 1,675 square feet unit with a living
room dining room, kitchen and bath downsta~ and three bedrooms, two bathrooms, and laundry
upstairs. Plan 3 is 1,783 square feet unit that includes a greatroom, kitchen, nook and bathroom on
the first floor and the option'of4 bedrooms'or 3 bedrooms and a loft option; 2. bathrooms and
laundry room on the second floor. Plans 2 and 3 provide two additional open parking spaces in
front of their respective garages. Additional parking is provided on site (see the Circulation and
Parking Section of this report for de~ls). . .
(\
The total building area is 152,461 square feet or thirty-eight percent (38%) of the project site which
is within the maximum building area allowed under Section 17.28.090 of the LEMC.
AGENDA ITEM NO. 2.3
PAGE J.. I OF f.c" S-
PLANNING COMMISSION STAFF REPORT
OCTOBER 4, 2005
Page 4 of 13
PROJECT TITLE:
MITIGATED. NEGATIVE DECLARATION NO. 2005-07
TENTATIVE TRACT MAP NO. 33370 (FOR-CONDOMINIUM
PURPOSES), CONDITIONAL USE PERMIT NO. 2005-01, AND
RESIDENTIAL DESIGN REVIEW NO. 2005-02 - APN 373-071-018.
u
As previously mentioned, each unit is provided with a fenced rear yard o,f private open space. These
private open space areas are ap.proximately 319 square feet which exceeds the minimum reqUired
private open space area of 100 square feet per unit pursuant to Section 17.28.120 (Open Space) of
the LEMC.
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The project will be coinpletely enclosed with" decorative block wall with pilasters. Units that ba~k
to the recreationrarea will have a combinarion block wall.witb wrought iron view fen~ing. The City
Standard wood fencing will be ;used between each condominiu'Jl; unit, ~,nclosing the priva~e open, ;
space area.
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Circulation and Parking
This project is intended to be regulated by a Homeo~~rs Association. Intenor streets. will be
private' roads to, be maintained by the Association. There are two, a,ccess points proposed. The
primary access point off of Franklin Street is sixty feet (60') in width. 1"he, secondary, forty-four foot
(44') road access is located off of Avenue 5. The four (4) interior streets (Street '~B", "C", "D", and'
"E'') will allow parking on one side of the street. These streets are proposed at forty-four feet (44')
in width with a clear driving width of twenty-eight feet (28') per the request of the County ~f U
Riverside Fire Department. The parking rows have planters and extended sidewalks at each end of
the street, which will direct pedestrian crossings. The long lengths of block wall'along each of these
streets have indented planter areas at the .middle of the wall run, breaking up the long expanses.
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Section 17.66.030 (Number of Parking Spaces Required) of the LEMC also requires two covered
parking space and two open spaces for single .family detached units, However, this section further
states that "In lieu of two' open spaces in the driveway, one open space' per dwelling unit may be
provided else where on the lot.. ,in a Planned Unit Development." Staff found that this e>;ception
could apply to the subject project. Considering this, the project proposes a minimum of 135 parkiO.g
spaces.,'The Plan 2 and Plan.3 provide two enclosed and two ' open parking spaces; The Plan One
provides two covered spaces, but not two open spaces, therefore the additional parking spaces for
Plan One units are proVided on one ,side of the four streets shown. In addition, there will be
sufficient number of parking spaces to accommodate visitor parking. The following table details the
parking provided: '
, Type of Parking
Covered Parking
Open Parking Spaces
Street/ Guest Parking Spaces
Total
Parking Provided
180
104
44
328
Parking Required
180
90 (pursuant to Section17.66.030.D.l.a.)
27 (10% of total) ,
297
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ACENDA ITEM NO. '2.3
PACE ~ P" OF 0,C;-
PLANNING COMMISSION STAFF REPORT
OCTOBER 4, 2005
(\ Page 5 of 13
PRO]ECTTITLE: MiTIGATED NEGATIVE DECLARATION NO. 2005-07
i'ENTATIVE TRACT MAP NO.:33370 (FOR CONDOMINIUM
PURPOSES); CONDITIONAL' USE PERMIT NO. 2005-01, AND
RESIDENTIAL DESIGN REVIEW NO. 2005-02 -.APN 373-071-018.
Landscqping
The project site includes common open spaces areas. that will be landscaped by the developer, and a
private open space that will be landscaped by the homeowner. The common open space landscaped
areas include the front yatds of each unit; 'all slope areas, the retention. basis, the street frontage
along Franklin Street and Avenue 5 arid the landscaped areas of the recreation center. These. areas.
consist. of approximately 60,137 square feet (excluding the Franklin Street and Avenue'S areas) or.
15% if the total project site and are shown on the Conceptual Landscape Plan that is attached. The
private rear yards will remain un-laridscaped-toallow'each owner to create there own personalized
space.
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Architecture
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As stated previously, the applicant is proposing three different units, Plan 1, Plan 2 and Plan 3. The
architecture proposed is Traditional/Cottage (planlC,. 2B, 2D, and 3A);.TraditionaI/Craftsman
(plan lB, 2D, and3B) and Traditional/&lnch (plan lA; ZA, 2C, .3B). Features include individual.:
porch entries With Craftsman/Cottage style pillars and covered roof, shutters, pot shelves, faux
balconies; wide Window trim, and 'bay Windows:
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ANALYSIS
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TENTATIVE TRACfMAPNO. 33370 (FOR CONDOMINIUM PURPOSES)
Primary concerns dealing with condominium projects are the establishment of appropriate
mechanisms to ensure the successful and consistent aesthetic appearance of residential complexes.
Moreover, the establishment of unmistakable rules and boundaries or covenants, conditions, and' 'c'
restrictions (CC&R's) for ownership, interest, and maintenance responsibilities of common areas as
well as individual areas within the units sold will be required. : The establishment of the CC&R's,
corroborating each of these elements, will be recorded:against the project as,a condition of approvaL'
Additionally, a homeowner's association (HOA) must be established prior to the sale of the first unit ."
sold. The HOA will be empowered to' admiirister and 'enforce the various elements of the CC&R's.
To accomplish this, homeowrier's as'sociations in mos~ 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.withincomplexesc Additionally, Stiff has added a condition. of
approval pursuant to Section 17.30.040 (Documents Required) of the LEMC, which will require .that
a homeowner's association be established prior to the' sale. of the first dwelling. unit. 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.
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ACENDA ITEM NO. '] '3>
PACE ;A q OF &.S- .
PLANNING COMMISSION STAFF REPORT
OCTOBER 4, 2005
Page 6 of 13
PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005-07
TENTATIVE TRACT MAP NO. 33370 (FOR C.oNDOMINIUM
PURPOSES), CONDITIONAL USE PERMIT NO. 2005-01, AND
RESIDENTIAL DESIGN REVIEW NO. 2005-02 - APN 373-071-018.
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RESIDENTIAL DESIGN REVIEW NO. 2005-02
Sitting
The proposed site plan meets.. or exceeds the requirement~ of Chapter 17 .14 (Residential
Development Standards), Chapter 17.28 (R-3, Medium High Density Residential District) and
Chapter 17.66 (parking Requirements) of the.LEMC. Additionally, the applicant has exceeded the
requirement. contained in Chapter 17.28 (R-3, Medium High Density Residential District) of the
LEMC, in that the applicant is proposing thirty-eight percent (38%) building coverage instead of the
allowed sixty percent (60%) coverage, the dwelling unit per net acre is 13.2 du/ ac instead of the
allowed 18 dulac, and 328 parking spaces are provided instead of the 298 parking spaces required.
Noise
-,
According to the' Noise Study prepared by UrbanCrossroa.ds on August 26, 2005 the future noise
from Franklin Street and 1-15 Freeway.are the' principal sources of noise. It was found that.the site
would experience' exterior noise levels that exceed the City's exterior noise standards of 60 dBA. The. U
recommended mitigation measures require the applicant to build a six foot(6') to eight foot (8') high
noise battier along both Franklin Street and Avenue 5. In addition, several of the units will be
required to use upgraded dual-glazed windows with a Sound Transmission Class (STC) rating of 29
or higher. A "window closed" condition shall be provided for all units in Lots 1,2,3,4, 11 and 12
facing Franklin Street and Avenue S. All recomniended mitigation measures shall be Conditions of
Approval for the project (see attached Mitigated Monitoring & Reporting Program for futther
details).
Traffic
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A Traffic Study was prepared by Urban Crossroads, Inc. on August 3, 2005. The 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 (2007) with and without the proposed project; and (3)
determination of on-site and off-site improvements and. system management actions needed to
achieve City of Lake ElSinore's level of service requirements under 2007 with project conditions.
. .
Foremost, 'the Traffic Impact ,Analysis, referenced herein, found that three intersections were
anticipated to operate at a Level of Service (LOS) "E" or "F" without the proposed improvements.
These intersections are Main Street @ US northbound rarnps'(EW), Main Street @ 1-15
southbound ramps (EW), Main Street and Franklin Street and Franklin Street @ Auto Center Drive.
Mitigation measures agreed upon between' the City and the applicant include; 1) install traffic signal
at Main Street at Franklin,' construct . eastbound left turn lane, and ,construct westbound left turn
lane; 2) in lieu of installation of traffic signals at the Main Street/I-IS northbound and southbound
signalization, the applicant shall pay the Transportation Uniform Mitigation Fees (TUMP) and
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AGENDA ITEM NO. '2 ~
PAGE ,=5 0 OF ipS-
PLANNING COMMISSION STAFF REPORT
OCTOBER 4, 2005
Page i of 13
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PROJECT TITLE:
MITIGATED N;EGATIVE DECLARATION NO. 2005-07
TENTATIVE.:TRACT MAP NO. 33370 (FOR CONDOMINIUM.
PURPOSES); CONDITIONAL USE PERMIT NO. 2005-01, AND
RESIDENTIAL DESiGN REVIEW NO. 2005-02,-APN 373-071-018.
,
Transportation Impact Fees (rIF). Other improvements consist of; 1) Street 'A' at FranklitiStreet:
shared n~rthbound 'Ieft/right turn hne, (EW); and 2) Avenue '5' at Franklin Street: shared
northbound left/right turn lane (EW). The project has been conditioned to meet these suggested
requirements.
Circulation and Parking SPact Lavout
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The circwation and parking layout meets the requirements' set forth in Chapter' 17.66 (parking
Requirements) of the Lake Elsinore Mutiicipal Code (LEMC). In compliance, theapplicatit has
provided 180 covered spaces and 148 open' parking spaces (104 spaces in front of garages and 44
spaces on four .(4) streets). ,No "compact spaces" are being' proposed 'asa pirt of this application.
The app~cant has pro~ided forty-four foot.(44') "private road"widths with a thirty-six foot (36')
two-way drive lat;>es.. Parking will be provide4 on one side of streets B, C, D, and E. Parking will not
be allowed along the opposite side of these roadways. To enforce this, the curbs of these 'roads will
be painted "red" with "No Parking Allowed" lettering. As a reswt, a 'clear'lane of twenty-eight feet
(28') will be maintained as reviewed and accepted by the Riverside County Fire Department. Staff
has determined that the circwation sho~ Will present adequate turning radii arid turnarounds for
emergency and. tra~h and delive,ry vehicles.' . ..' .' . '. '.'.... ~'"
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Private. OPen SPace
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The applicant has exceeded the private open space requireme"tset forth in Chapter 17.28 (R-3,
Medium High Density Residential District/Qpen Space) of the LEMC.. Each unit is proyided with
a fenced rear yard or private ,open space area. These private open space areas areapproximately 319
square feet each, which exceeds the mininium ,required private ,open space \,rea of 1 00 square feet
pursuant to the Chapter 17. 28 of the LEMC.
Architecture
; ;
The architectural design of the proposed buildings meets the requirements set forth within. Chapter
17.14 (Residential Development Standards) :of the LEMC in that the architecture of the buildirigs
has been designed to enhance thett immediate surroundings. Additionally, the applicant has
provided three different elevations for each of the three plans. The applicant has provided 'varying
features that include individual porch entries with Craftsman style pillars and covered roof, shutters,
pot shelves, faux balconies, wide window trim, and bay windows.
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Color and Materials
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The color and materials proposed for.this project meet the minimum requir~ments set forth within
Chapter 17.14 (Residential Development Standards) of the LEMC in that, the colors and mat~rials
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AGENDA ITEM NO.
PAGE ,~ /
16
OF 0..5-
PLANNING COMMISSION STAFF REPORT
OCTOBER 4, 2005
Page 8 of 13
PROJECT TITLE:
MITIGATED ,NEGATIVE DECLARATION NO. 2005-07
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM
PURPOSES), CONDITIONAL USE PERMIT NO. 2005-01, AND
RESIDENTIAL DESIGN REVIEW NO. 2005-02 - APN 373-071-018. '
., . '
proposed will create a~ensitive alteration of colors and materials, producing diversity ~nd 'enhancing'
the architectural effect~._., . , ' _ , ' - _ - . , , .
ENVIRONMENTAL DETERMINATION
The proposed Mitigated Negative Declaration No. 2005-07 has been p~epared pursuant to 'Article 6 .
(Negative Declaration Proces~) -and Se~tion 15070 (Decision to Prepare a Negative or Mitigated
Negative Declaration) of the California Environtp.ental Quality Act (CEQA). Based on' staffs
evaluation, the proposed project will not result in any significant effect 6ri the environment.
Further, ,pursuant for. Secti~n 15073 (public Review of a Proposed Neg.;tive Declaration ()r
Mitigated Negative Declaration) of the California Environmental Quality Act (CEQA), the intended
Mitigated Negative Declaration was submitted to the State pearinghouse on September 9, 2005 for'
the required ,30 day review period, which will end. on October, 11 , 2005 prior to 'City Council'
consideration (SCH No. 2005091060).' , , '
Staff received two (2) comment letter~ on the Mitigated Nega1ive Declaration; 1) California Regional
Water Quality Control Board dated September 21, 2005 (No' cotIUl}ents were received from the
- Department of Fish and Game) (copy attached), and 2) 'Riverside County Transportation
Commission dated September 19, 2005 were received(copy attached). The Water Quality Control
Board stated that there is a "riparian habitat located immediately to the east of the site although not
within the site boundaries itself." The Water Quality Control Board advised that the project's
proposed detention basis, which 'collects onsite stormwater, use appropriate Best Management
Practices (BMPs) and assure that "ffsite flows do not impact the isolated riparian channel. In
response, Staff has added a Condition of Approval that states that the applicant shall completely
avoid the area identified by the California Regional Water Quality Control Board as ~'riparian
habitat." This mitigation shall be added to the Mitigation Monitoring and Repotting Program as
well.
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STAFF'S RECOMMENDATION
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Staff recommends that Planning Commission adopt Resolution No. 2005-_, recommending City
Council adoption of Mitigated Negative Declaration No. 2005-07; Resolution No. 2005-_
recommending to the City Council approval of Tentative Tract Map No. 33370 (For Condominium
Purposes); Resolution No. 2005-_ recommending to the City Council approval of Residential
Design Review No. 2005-02; Resolution No. 2005-_ approving Conditional Use Permit No.
2005-01; based on the following Findings, Exhibits and attached Conditions of Approval.
ACENDA ITEM NO. '2-3
PACE 3 d-.. Of (p S-
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PLANNING COMMISSION STAFF REPORT
OCTOBER 4, 2005
n . Page, 9 of 13
PROJECT TITLE:
MITIGATED NEGATIVE DECLARATION NO. 2005-07
. TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM
PURPOSES), 'CONDITIONAL USE PERMIT NO. 2005-01, AND
RESIDENTIAL DESIGN REVIEW NO. 2005-02 - APN 373-071-018.
FINDINGS - MITIGATED NEGATIVE DECLARATION NO. 2005-04 .
L Revisi~n'in ,the projectphns' or proposal' made. by or agreed to by' the, applicant before a
proposed mitigated negative declaration and initial study are released for public review would
avoid the effects or mitigated the effects to a point where clearly no significant effects would
occur: and '
The' applicant has made revisions to the project or haS'agreed to specific conditions which' would avoid the effects or'
mitigatdhe effects of the project to appoint where no significant effectj would occur. .
2, There is no substantial evidence, in the light of the' whole record before the agency, that the
project as revised may have significant effeCt on the environment,
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Pursuatit to the evidence received in ihe light of the whole record presented to staff,the project will not have a.
significant effect on the environment considering the apphCable Conditions of Approval and Mitigation
MOnitoring and IVporting Program. . , .J ", .
FINDINGS - TENTATIVE TRACT MAP (FOR CONDOMINIUM PURPOSES)
L The proposed' subdivisIon, together with, the provisions for its design and improvement,.is
consistent with the General Plan. The proposed subdivision is compatible with .the objectives"
policies, general. land . uses and programs" specified in the General Plan (Government Code
Section 66473.5). ' . .', .
The project as designed assistrin achieving the ,development of a we/I-balanced. and functional mix of residential,
commercial, industrial, open space, recreational and institutional land uses (GOAL '/.0, Latid Use Element) as
well provide decent housing opportunities and a satisfjing living environment for residents of Lake Elsinore
(GOAL /.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.' '
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Considering the Cffects this project ij/ike/y to 'have upon the needs of the. region a condition' of approval was
implemented which would require .the applicant to enter into an agreement with .the Redevelopment Agenry of the
Ciry of Lake Elsinore,' providing/5% of the units in the project as'affordable housing units in accordance with,
the requirements of Section 33413(b) of the California Communiry 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
affOrdabiliry of an equivalent number of redevelopment project areas.
AGENDA ITEM NO.
PAGE ,1 =)
'/_~
OF &:>.5-
PLANNING COMMISSION STAFF REPORT
OCTOBER 4, 2005
Page 10 of13
PROJECT TITLE:
,
MITIGATED NEGATIVE DECLARATION NO. 2005-07
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM
PURPOSES), CONDITIONAL USE PERMIT NO. 2005-01, AND
. RESIDENTIAL DESIGN REVIEW NO. 2005-02 - APN 373-071-018.
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3. Subject to the attJlched conditions of approval, the proposed project is not anticipated to result
in any significant environmental impact.
The project has been adequatelY conditioned by a/! applicable departments and agencies and.wi/! not therrJfore
result in any significant environmental impacts.
FINDINGS - RESIDENTIAL DESIGN REVIEW NO. R 2005-02
1. The project, as approved, will comply with the goals and objectives of the,Genera! Plan and the
Zoning District in which the project is located.. , .,.,'
The proposed Residential Design Review contained herein complies with the goals and objectives 0[ the Ge,!eral
Plan, in that the approval 0[ this Condominium Community wi!! pssist in achieving, tpe development 0[ a
well-balanced and functional mix 0[ residential, commercial, industrial, open space, recreational and
institutional land uses as we/! as encouraging industrial land uses to diversify LakrElsinore 's economic base,
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2. The project complies with the design directives contained in Section 17.82.060 and all other
applicable provisions of the Municipal Code.
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The proposed Residential Design Review contained herein is appropriate to the site and surrounding developments
in that the Condominium project has been designed in consideration ,0[ the size and shape of the property, thereby
creating interest and varying vistas as a person moves along the street. J:urther the project as proposed will create a
visuallY pleasing non-detractive relationship between the proposed and existing projects in the architectural design,
color and materials and site design proposed evidence a concern for quality and originality.
3. Subject to the attached Conditions of Approval, the proposed project. is not anticipated to result
in any significant adverse environmental impacts.
Although the proposed project could have a significant effict on the environment, because revisions in the project
have been made by or agreed to by the project proponent and significant adverse efficts would not be anticipated.
Further, pursuant to the CalifOrnia Environmental Quality Act {CEQA}, the Mitigated Negative Declaration
for the proposed Residential ,Design Review referrJnced herein found that the proposed project wi!! not have a
significant effict on the environment pursuant to the attached Conditions 0[ Approval and mitigations proposed.
4, Conditions and safeguards pursuant to Chapter 17.'8L070 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.'
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AGENDA ITEM NO. '2...2.,
PAGE E3 1.1 OF ~S--
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Pursuant to Section 17.82.070 (Action of the Planning CommiJsion) of the Lake Elsinore Municipal Code
(LEM<;:), the proposed RJ:Jid,ntial pesign fuview referenced herein has been' scheduled for consideration and
approvafofthe Plan~ing CommiJsiolt., ' ," " . .. .,' .
FINDINGS - CONDITIONAL USE PERMITNO. 2005-01
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 plaruiing' districtm which the'site is
located: ' . . " . . , .
In order.to achieve a well balanced and functional mix of residential, commercial, industrial, open space,
recreational a~d institutional land uses, staff ha~ thoroughly evaluated the land UJe compatibility, noise, traffic and
other environmental hazards related to the proposed Conditional Use Permit for a Condominium Community
referenced herein. Accordingly, the proposed land use, is in concumnce with the objectives of the General Plan and
the purpose of the planning district in which the'siteis located. ' . , , .
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(\ 2. The proposed use will not be detrimehtal'td' the general health, safety, comfort, or general
welfare of persons residing or working within the neighborhood of the proposed use or the City,
or mjurious t~ property or improvement~ in 'the neighborhood or the City. '
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In accord with the purposes of the Chapter 17.14 (Conditional Use Permits) of the Lake Elsinore Municipal
Code, the City realized that the proposed condominium use referenced herein may have a potential to negativelY
impact the welfare of persons residing or working within the neighborhood or the City. Considering this, staff has
substantiated that all applicable City Departments and Agencies have been cifftrded the opportunity for a
thorough review of the use and have incorporated all applicable commentsandl or conditions related to installation
and maintenance of landscaping, street de!lication}, regulations of points Of vehicular ingress and egress and 'control'
of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general
welfare of the surrounding neighborhood or the Cift
3. The site for the intended use is adequate in size and shape to accommodate the use, and for all
the yards;setbacks;walls or fences; landscaping, buffers and other features required by Title 17
of the LEMC. ,'-..
The proposed condominium use referenced herein has been designed in consideration of the size and shape of the
property, thereby strengthening and enhancing the immediate industrial area. Further, the project as proposed, will
, complement the quality of existing development and will create a visuallY pleasing, non-detractive relationship
between the proposed and existing projects, in that the storage area has been reviewed to ensure adequate provision
of screeningfrom the public rights-ofway or adjacent properties.
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4. The site for the proposed use relates to streets and highways with proper design both as to width
and type of pavement to carty the type and quantity of traffic generated by the subject use.
AGENDA iTEM NO. ~~
PAGE 3S OF -5~
PLANNING COMMISSION STAFF REPORT
OCTOBER 4, 2005
Page 12 of 13
, ,
PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005-07
" TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM
PURPOSES), CONDITIONAL USE PERMIT NO. 2005-01, AND
RESIDENTIAL DESIGN REVIEW NO. 2005-02 - APN 373-071-018.
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The proposed condominillm ,lIse referenced herein has been reviewed as to its refation to the width and type of
pavement needed to carry the type and qllantity of tr4ftc generated, in that Ihe Citj has adeqllately evalllated the
potential impacts associated with the proposed olltdoor storage prior to its approval imd has conditioned the project
to be served by roads of adeqllate capacity a,!d d:sign standards to provide reasonable access by car, trock, transit,
and bicycle. ." '
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In approving rhe subj~ct use'located south of the I-IS Freeway,' nort:h of Lakeshore Drive, west
of Railroad Canyon Road, a~d e~st of M~in Street (APN 373-071-013) there ~ be no adverse
affect on abutting property or the permitted and normal use thereof.
The proposed IIse has been thorollghly reviewed and Conditioned by all applicable City Department; and olltside
, Agencies, eliminating the potential fOr any and all adver!e effictson the akllfting property. ' ,
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6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC' have been
incorporated into the approval of the Conditio~l Use Permit to insure that theuse continues in
a manner,envisioned by ,these findings for the term of the ~se.,
Pllrsllant t~ Section 17.74.050 (Action oj the Planning Commission) if'lhe Lake Elsinore Mllniapal Code
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(LEMC), the Condominillm Commllnity known as 'Tesseran has been scheduled fOr consideration and approval
of the Planning Commission. '
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Prep~red by:
Linda M.Miller, AICP, Project Planner
Reviewed by:
Rolfe Preisendariz, Planning 'Manager
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Approved by:
Robert A. Brady, AICP, City Manager
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AGENDA ITEM NO.
PAGE 3 &
12,
OF iPS-
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PLANNING COMMISSION STAFF REPORT
OCTOBER 4, 2005
Page 13 of 13
PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005-07
TENTATIVE TRACT MAP NO., 33370 (FOR CONDOMINIUM
PURPOSES), CONDITIONAL USE PERMIT NO. 2005-01, AND
RESIDENTIAL DESIGN REVIEW NO. 2005-02 - APN 373c071-018.
ATTACHMENTS
1. ' Exhibit 'A'
2. Exhibit 'E'
3: Exhibit 'C'
4. Exhibit 'D'
S.
6.
7.
Exhibit 'E'
Exhibit 'F'
Exhibit 'G'
Vicinity Map
Reductions: TTM 33370 for Condo Purposes, Site Plan, Grading Plan,
Landscape Plan
Full sized exhibits: TTM'33370 for Condo Purposes, Site Plan, Grading
Plan ' '
Draft Mitigated Negative Declaration/Mitigation Monitoring &
Reporting Program / Conunent Letters: California Regional Water Quality
Control Board, September 21, 2005, and Riyerside County Transportation
Commission . ~
Brochure with Floor Plans, Elevations, Entry, and Color Landscape Plan
Colored Elevations/Site Plan (presented at Hearing) ,
Color and Materials (presented at Hearing) ,
U,\hniller\ALL FILES\Reports\PC Rp',\Re;idential Tram\R 2005.02, TIM 33070, MND 2005.07,' CUP 2005-01 10-4.05
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revised.doc , . ' . .' _
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AGENDA ITEM NO. I/.... '3,
PAGE 3 7 OF to.. c)
VICINITY MAP
TIM NO. 33370
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PLANNING COMMISSION
OCTOBER 4, 2005
ACENDA ITEM NO. 'fL ~
PAGE 3 f( OF (pS-
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RESOLUTION NO. 2005- .'.'
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LAKE ELSINORE, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL ADOPTION
OF MITIGATED NEGATIVE DECLARATION 2005-07 FOR
THE PROJECT KNOWN AS TENTATIVE TRACT MAP
NO. 33370 (FOR CONDOMINIUM PURPOSES);
RESIDENTIAL DESIGN REVIEW NO., 2005-02; AND
CONDITIONAL USE PERMIT NO. 2005-01 LOCATED
SOUTHEAST OF 1-15. FREEWAY AND SOUTH OF
FRANKLIN STREET.
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WHEREAS, an application has been filed with the City of Lake Elsinor~. by Lumos
Communities, LLC to request approval. of Mitigated. Negative. Declaration No. 2005-07 for the
purpose of developing a residentia\condominium cOnuDunity; and
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WHEREAS, Mitigated Negative Declaration No. 2005-07 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
n Declaration No. 2005-07; and
WHEREAS, public notice of said applicatiorihas been given, and the Planning Commission
has considered and. approved the request by staff on October 4,.2005; and
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WHEREAS, a Notice of Intent to Adopt (NOI) 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 Septembec9, 2005 and.
extending to October 11, 2005 (SCH No. 2005091060); and
WHEREAS, the Planning Commission of the City of Lake Elsinore' DOES' HEREBY
RESOLVE as follows:
Mitigated Negative Declaration No. 2005-07 has been prepared, submitted and reviewed in
accordance with requirements of the California Environmental Quality Act and the City's
CEQA requirements. The report is complete and adequate' in it's evaluation of all
environmental effects of the project known as Tessera and associated discretionary .
approvals and will not result in any significant environmental affects with mitigation
measures, based on the following findings;
WHEREAS, the Planning Commission .recommends to the City Council that it finds. that
Mitigated Negative Declaration No. 2004-10 is complete andadequate.andprovides appropriate'
environmental documentation for. the project and fully complies with the requirements of CEQA,
and the City's. environmental clearanc~'procedures. . .
AGENDA ITEM NO.
PAGE ,~ g
'13
OFhS
PLANNING COMMISSION RESOLUTION FOR
MITIGATED NEGATIVE DECLARATION NO. 2005-07
Page 20f2
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FINDINGS-MITIGATED NEGATIVE DECLARATION
1. Revisions in the' pr~ject 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 effect; to a point where clearly n~ significant effects would
occur; and
The applicant has made revisi~ns to 'the project or has agreed to specific conditions which would avoid the
effects or mitigate the effects if the pro/ect to a point where no, significant effects would occur.
2. There is no substantial evidence, in the light of the whole record before the agency, that the
project as revised may have significant effect on the environment, :
, ,
, -
Purmant to the evidence received in the'light of the whole record presented to staff the project wz!! not have a
significant effect on the environment considering' the applicable Conditions of Approval and Mitigation
Monitoring fuporl Program.
NOW, THEREFORE, based on the above findings, the Planning Cotnmission of the City
of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake
Elsinore certify Mitigated Negative Declaratiori No. 2005-07.
u
RonLaPere,ChUnnan
Lake Elsinore Planning Cotnmission
I hereby certify that the preceding resolution was adopted by the Planning Cotnmission at a meeting
thereof conducted on October'4, 2005 by the following vote:
AYES: ' Cotnmissioners:
NOES: Cotnmissioners:
ABSENT: Cotnmissioners:
ABSTAIN: Cotnmissioners:
"
ATTEST:
Robert A. Brady, Secretary to the Plannmg Cotnmission
U:\lmiller\ALL FILES\Resolutions-Ordinances\2005\PC RESO MND 2005-07 Lumos 2nd 10-5-05.doc
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AGENDA ITEM NO.
PAGE Lf ()
1-3
OF~S
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. "l
RESOLUTION NO. 2005-~
A RESOLUTION OF THE pLANNING COMMISSION OF
THE CITY, OF LAKE ELSINORE, CALIFORNIA,
-RECOMMENDING ,CITY 'COUNCIL APPROVAL OF '
TENTATIVE TRACT. ,MAP NO. 33370 (FOR
,CONDOMINIUM PURfOSES) FOR THE" "1,'ESSERA"
PROJECT LOCATED SOUTHEAST OF I~15 FREEWAY
AND SOUTH OF FRANKLIN STREET:
WHEREAS, an application has been filed with the City of Lake Elsinore by Lwnos,
Communities, LLC, to request the , approvalof TentativeTract MapNo. 33370 (F?r Condominium
Purposes) for the establishment of a residential condomllUum community; and
, ' . . < ~
WHEREAS, the Planning Commission of the City of Lake Elsinore has been C1elegaied with
the responsibility .of recominendmg 'approval of Tentative Tract Maps (For Condominium
Purposes) for residential projecis;"lOd "
WHEREAS, public notice of said application has been given, and the Planning Commission
has considered' evidence' presented by the Comniunity Development Department and other
o interested parties ',It a public nearing held with respect t~ this item on October 4,2005; and '.
(\
..
WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with
the responsibility of recommending approval for Tentative Tract,M~ps;, ."
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 Tract Map No. 33370.(For.Condominiwn Purposed) and'hasJound 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. 2005-07 is
adequate and prepared in acc~rdance with the requirements of the California Environmental Quality
Act (CEQA), which analyzes enyironmental effe.cts 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 ~~p has been made as . '
follows:' '
. .
ACENDA ITEM NO.
PAGE 4 I
'2:3
OF 0s-
PLANNING COMMISSION RESOLUTION FOR
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES)
Page 2 of 3 ' '.
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FINDINGS -TENTATIVE TRACT MAP (FOR CONDOMINIUM PURPOSES)
1. The proposed subdiVision, 'togetl)er with the provisions for its design and iinprovement, is
consistent with the General Plan. The proposed subdivision is compatible with the objectives,
policies, general land uses and 'programs. specified ,in the' General Plan (Government Code
Section 66473.5). '.
The project as designed assists in achieving the development of a well-balanced and functional mix of residential,
commercial, industrial, open space, recreational and institutional land uses (GOAL 1.0, Land Use Element) as
well provide decent housing opportunities and a satisfjing living environment for residents of Lake Elsinore
(GOAL ro, Housing Element) .
2. The effects this proje~t is likely to have upon the housing needs of the region, the public service
requirements of its residents and' the availible fiscal and' envirorimetital resources' have been
co~sidered and balanced, ,
Considering the' effects ~his project is likelY to have' upon t~e needs of the region a condition of approval was
implemented which would require the applicant to enter into an agreement with the Redevelopment Agenry of the,
City of Lake Elsinore, providing 15% of the units in the project as affordable housing units in accordance with
the requirements of5ection 33413(b) of the Califtrnia. Community Redevelopment Law or an, alternative
equivalent action which mqy include (without. limitation) dedication of vacant land, construction of affordable,units
on another site, orpqyment of an in lieuJee calculated (0 provide sufficient funds to underwrite the long-term U
affordability of an equivalent number of redevelopment project areas. .
3. Subject to the attached conditions of appro;~I, the 'proposed project is not anticipated to result
in any significant environmental impact.
The project has been adequatelY .conditioned i!Y all applic'fble departments .and agencies and will not therefore
result in any significant environmental impacts. .
,
NOW, THEREFORE, based on the above Findings, the Planning Commission of the City
of Lake Elsinore DOES HEREBY'RECOMMEND TO THE CITY COUNCIL APPROVAL of a
Tentative Tract Map No: 33370 (For Condominium Purposes).
,f
Ron LaPere, Chairman
Lake Elsinore Planning Commission
"
I hereby 'certify that the preceding resolution was adopted by:the Planning Commission ata meeting
thereof conducted on October 4, 2005 by the following vote:
u
. AGENDA ITEM NO. ? ~
PAGE Lj:J-.. OF S-
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PLANNING COMMISSION RESOLUTION FOR' ii' ,
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES)
Page 3 of 3' ,
AYES:
NOES:
ABSENT:
'ABSTAIN:
ATTEST:
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.-",
Comffiissioners:
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Commissioners:
Commissioners:
Comniissioners:' !:~
.' <,
'"
t'
.1"-
Robert A, Brady; Secretary' to the' Planning Commission
1.. 1 ;,.'
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U,\lmiller\A1L FILES\Reso!utions-Ordinaom\200S\PCRESO TfM 33370 Condo Map 10.S:0S,doc
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AGENDA ITEM NO,
PACE t; 3
9~
OF toS-
RESOLUTION NO. 2005-_'
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT NO. 2005-01
FOR THE ESTABLISHMENT OF A CONDOMINIUM
PROJECT KNOWN AS "TESSERA" LOCATED
SOUTHEAST OF 1-15 FREEWAY AND SOUTH OF
FRANKLIN STREET.
u
WHEREAS, an application has been filed with the City of Lake Elsinore by Lumos
Communities, LLC to request the approval of a Conditional Use Permit 2005-01, for; the
establishment of a condominium community known as "Tessera"; 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 October 4, 2005.
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 U
Conditional Use Permit No. 2005-01 and has found it acceptable. The Planning Commission finds
and determines that this project is consistent with the Lake Elsinore Municipal Code and determines
that Mitigated Negative Declaration No. 2005-07 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 achieve a well balanced and functional mix of residential, commercial, industrial, open space,
recreational and institutional land uses, staff has thoroughlY evaluated the land use compatibiJi!), /loise, tr4fic
and other environmental hazards related to the proposed Conditional Use Permit for a COl1dominium
Communi!) referenced here;n. Accordingly, the proposed land use is in conmrrence with the objectives of the
General Plan and the purpose of the planning district in which the site is located.
2. The proposed use will not be detrimental to the general health, safety, comfort, or general
welfare of persons residing or working within the neighborhood of the proposed use or the
City, or injurious to property or improvements in the neighborhood or the City. U
ACENDA ITEM NO.
PACE 4 Lf
'):2.,
Of ~s-
(\
PLANNING COMMISSION RESOLUTION FOR
CONDITIONAL USE PERMIT NO. 2005-01
Page 2 of 3
(\
In accord with'the purposes of tbe Chapter 17.74 (Conditional UsePerinits) of the Lake. Elsinore
Municipal Code, the 'City realiz~d that the proposed condominium use reftrenced herein may have a potential
to negatively impact the welfare of persons residing or working within the neighborhood or the City. .
Considering this, staff has StIbstantiated that all applicable City Departments and Agencies have been
afforded the opportunity ftr a thorough review of the use and have incorporated all applicable comments
and! or conditions related to installation 'and maintenance of landscaping, street dedications, regulations of
points of vehicular ingress and egress and control of potential nuisances, so as to eliminate. any negative
impacts to the general health, sqftty, comftrt, or general welfare of the surrounding neighbo;hood or the City.
3. The site for the intended use is adequate in size a~d sh.ape 'to acco~';dat~ the use: arid for .
all the yards, setbacks, walls or fences, landscaping, buffers '~nd' other features requir~d by
Tide 17 of the LEMC. .
The proposed condominium use reJimnced herein has been designed in'consideration of the size and shape of
the property, therelry strengthening and enhancing the. immediate industrial area. Further, the project as
proposed, will complement the quality of existing development and willcreate.a visually pleasing, non-
detractive relationship between the proposed and existing projects, in/bat the storage area has been reviewed to
ensure adequate provision of screeningfrom the public rights-ofway or at{jacent properties. . ..: '.
4. The site for the proposed use relates to streets and highways with proper design both as to
width and type of pavement to carry the type and quantity of traffic generated by the subject
use.
The proposed' condominium use reftrenced herein has been reviewed as to its relation to the width and type of
pavement needed to carry the type and quantity of traffic generated, in that the City has adequately evaluated
the potential impacts associated with the proposed outdoor storage prior to its approval and has. conditioned
the project to be served Iry roads of adequate capacity an.d design standards to provide reasonable access Iry car,
truck, transit, and bigcle.
5. In approving the subject use Iocate,d at Assessor Parcel Number 373-071-013 there will be
no adverse affect on abutting property or the permitted and normal Qse thereof.
The proposed use has been thoroughly reviewed and conditioned by all applicable City Departments and
outside Agencies, eliminating the potential ftr any and all adverse effects on the abuttingproperty.
6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have been
incorporated into the approval of the Conditional Use Permit to insure that the use
continues in a manner envisioned by these findings for the term of the use.
Pursuant to Section 17.74.050 (Action of the Planning Commission) of the Lake Elsinore Municipal Code
(LEMC), the CondominiUm Community known as "fessera" has been scheduled ftr consideration and
approval of the Planning Commission.
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AGENDA ITEM NO. I)~..s-: =
PAGE L/~ OF_
PLANNING COMMISSION RESOLUTION FOR
CONDITIONAL USE PERMIT NO. 2005-01
Page 3 00
NOW, THEREFORE, based on the above Findings, the Planning Commission. of the City
of Lake Elsinore DOES HEREBY APPROVE Conditional Use Permit No. 2005-01.
Ron LaPere, Chairman -
Lake Elsinore Planning Commission
I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting
thereof c~:>oduc,ted on October 4; 2?05 by the following vote:' .
. -
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTAIN:
ATTEST:
Commissioners:
.:
Robert A. Brady, Secretary to the Planning Commission
; t '\ ,
U:\lmiller\ALL FILE5\Resolurions-Ordinances\2005\PC RESO CUP,2005-01 Lwnos l0-4-05.doc
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ACENDA ITEM NO. 7 ~
PACE Y' '" OF iPS--
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',j
u
n
RESOLUTION NO: 2005~~
.<.'
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LAKE ELSINORE, CALIFORNIA,
RECOMMENDING CITY COUNCIL APPROVAL OF
, RESIDENTIAL DESIGN REVIEW NO. 2005-02 FOR THE
DESIGN; CONSTRUCTION' AND ESTABLISHMENT OF
, THE CONDOMINIUM P~OJECT KNOWN AS "TESSERA!'
LOCATED SOUTHEAST OF 1-15 FREEWAY AND SOUTH
OF FRANKLIN STREET.
'WHEREAS, an application has been filed with the City of Lake Elsinore by, Lumos
Communities, LLC to request the approval of ResidentiaI.Design Review No. 2005-02' for the
desi~, construc~o!, and establishment of a residential condoffiinium community; and , .
, '. . ....
WHEREAS, the Planning Conimission of the City of Lake Elsinore has been delegated with
the responsibility of recomm~nding approval of Design Reviews for residential projects; and.: .'
WHEREAs, public notice 'of said application has been given:, and the Planning Conunission
has considered and approved the request by staff on Odober 4, 2005.
;' -" ',.' J.
NOW THEREFORE, the Planning Conunission of the City of Lake Elsinore DOES
HEREBYRESOLVEas follows:-:' , ,,'
("\ SECTION 1. ,The Planning Conunission has considered the proposed request' for
Residential Design Review No. 2005-02 and has.found it acceptable. The Planning Conunission
finds and determines that this project i~consist~ntwith' the Lake Elsmo~e Municipal Code and
determines that Mitigated Negative Declaration No. 2005-07 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 17.82 (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.
The proposed Resid~ntial Design ReView'contained herein co':';plies With the goals;and objective/of'the ., '
General Plan, in that the approval of this Condominium' Com;;unity will assist in achieving the ddzielopment
of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and
institutional land uses as well as encouraging industrial land uses to diversiJj Lake Elsinore's econon:ic base.
2. The project complies with the design directives contained in Section 17.82.060 and all other
applicable provisions of the Municipal Code.
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AGENDA ITEM NO. r-; ~ .
PACE Lj 7 OF ~S-
PLANNING COMMISSION RESOLUTION FOR
RESIDENTIAL DESIGN REVIEW NO. 2005-02
Page 2 of3
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The proposed fusidential Design Review contained .herein is appropriate to the site and surrounding
developments in that the Condominium project has been designed in consideration of the size and shape of the
property, thereby creating interest and varying vistas as. a person moves along the street. Further the project as
proposed will complement the quality of existing qevelopment and will create a visually pleasing, non-detractive
relationship between the proposed and existing projects in that the architectural design, color and materials
and site design proposed evidence a concern for quality and originality.
3. Subject to the attached Conditions. of Approva~ the proposed project is not antiCipated to
result in any significant adverse environmental impacts. , '.
, ' '- ' . " ~ , .
Although the proposed project could have a significant effect on the environment, because i-evisions in the
" project have been made by.or agreed to by the project proponent a'!Y significant adverse effects would not be
anticipated. Further, pursuant to the California Environmental Quality Act {CEQA}, the Mitigated
Negative Declaration Mitigation Monitoring lliport Program for the proposed fusidential Design fuview
,referenced herein found that the proposed project will not have a significant effect on the en~ronmen(pursuant
to the attached Conditions of Approval and '!litigations proposed.;
4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, incl':'ding
guarantees and. evidence. of compliance' With conditions,' have been incorporated into the
approval of the subject project to ensure development of the property in accordance With
the objectives of Chapter 17.82.
'... ,',' , ',;,' .
Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code
(lEMC), the proposed fusidential Design fuview refer:e,ncedherein has been scheduled for consideration and,
approval of the Planning Commission.,' '. .
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NOW, THEREFORE, based onth" 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. 2005-02.
, "
"
'"
Ron LaPere, Chairman'
Lake Elsinore Planning Commission
I hereby certify that t4e preceding resolution was adopted by the Planning Commission ata meeting
thereof conducted on'October 4, 2005bythe following vote:' " ,
AYES:
Commissioners:
.'!,
NOES:
Commissioners:
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AGENDA ITEM NO. '2.3
PAGE '-I 9" OF t-.S-
(',
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PLANNING COMMISSION RESOLUTION FOR
RESIDENTIAL DESIGN REVIEW N6~ 2005-02
Page 3 of3
ABSENT:
Commissioners:
ABSTAIN:
Commissioners:
,.-','
ATTEST:
Robert A. Brady, Secretary to the Planning CorIunission
. ' . . . . .
U:\Imill~r\ALL FlLES\Resolu~ons-Ordinances\2005\PC RESO Design Revi:wR200S-02 Lumps ,1O-04-0?d?c
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ACENDA ITEM NO.
PACE '-I q
[,
'2-.3
OF ?S
CONDITIONS OF APPROVAL
FOR
MITIGATED NEGATIVE DECLARATION NO. 2005-07,
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL U
DESIGN REVIEW NO. 2005-02, AND CONDITIONAL USE PERMIT NO. 2005-01 . .
FOR "TESSERA" - APN 373-071-018
GENERAL CONDITIONS
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City,
its Official, Officers, Employees, and Agents from any claim, action,or proceeding against the City, its
Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its
advisory agencies, appeal boards, or legislative body concerning the Tentative Condominium Map,
which action is bought within the time period provided for in California Government Code Sections
65009 and/or 66499.37, and Public Resources Code Section 21167.' The City will promptly notify the
. Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the
defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the
Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City.
2. The applicant'shall submit a money order, cashier's check or check, made payable to the County
Recorder, for filing of a Certification of Fee Exemption "De Minimis Impact Finding." in the amount
of $64.00 to the Planning Division within 48 hours of the City Council approval date for the required
Environmental Filing.
3. The applicant shall comply with those nuttgation measures identified in the Mitigated Negative U
Declaration No. 2005-07/Mitigation Monitoring Report and Program (State Clearinghouse
No.2005091060) for the "Tessera" project.
4. The applicant shall completely avoid the area identified as the "riparian habitat" area and shall use
appropriate Best Management Practices (BMPs).
5. Conditional Use Permit No. 2005-01 for the condominium project shall run with the land and shall
continue to be valid upon any change of ownership of the site or structure which was the subject of the
Conditional Use Pertnit (CUP) application.
TENTATIVE PARCEL MAP NO. 33370 (FOR CONDOMINIUM PURPOSES)
. .
6. The Tentative Parcel 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.
7. The Tentative Parcel 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.
Page 1 of 12
U
ACENDA ITEM NO.
PACE t;1)
'2.3
OF 05"
CONDITIONS OF APPROVAL
FOR
(\. MITIGATED NEGATIVE DECLARATION NO. 2005-07,
TENTATIVE TRACT MAP NO. 33370 (F()R CONDOMINIUM PURPOSES), RESIDENTIAL ,
DESIGN REVIEW NQ. 2005"02, AND CONDITIONAL USE PERMIT NO. 2005-01
FOR "TESSERA" - APN 373-071-018 "
8. Prior to fmal certificate of occupancy of Tentative Parcel Map, the improvements specified herein and
approved by the Plannipg CoffilT!ission and, theCiry Council shall b'e 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 uncompieted impro;'ements must be b,',nded for as part of the
agreennents. ~ '
9. Prior to issuance of a grading pe~t, the ~ppli~ant shall prepare and record CC&R's against the
condominium complex. The CC&R's shall be reviewed and approved by the Community Development
Director or Designee and the City' Attorney. The CC&R's shall include methods of maintaining
'common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for
common maintenance of all w:>derground, and aboveground utility .infrastructure improvements,
necessary to, support the complex. In addition, CC&R's shall established methods to address design
. .J .
improvements. . ,
10. No unit in the development shall be sold unless a corporation, association, property o~er's group ~r
similar entity has been formed with the right to financially assess all properties individually owned o~
jointly owned which have any rights or inte~est 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. Su~h
entity shall operate under recorded CC&R's which shall include compulsory membership ';f all owners
of lots and/or.,dwelling units and, flexibility of assessments to meet, changing sosts of maintenance,
repairs, and services. Recorded CC&R's sh~ permit el)forcemeqt by the City for provisions. reqUired as
Conditions of Approval. The developer shall s;"bmit evidence ,of compliance with tliisrequirement t';,
and receive approval of, the 'Ciry prior to tn~kingany such sale., 1bis condition shall ~ot apply to land
dedicated to the City for public purposes. . " ' ,
11. Provisions tores~ct parking upon other than app~oved al1:d devel;ped parking spaces shall be written
into the covenants, conditions and,restrictio,ns for eac~ project. ' ' ' " ,
12. The Home Ow~er's Association shall be established prior,t~ the sale ~'f Ihe first dwenmg 'unit.
13. Membership in the Home Owner's Association shall b,e mandatory for each buyer and any successive
bu,yer. " "'0 . '.'
,c.
14. Reciprocal covenants, c;'nditions, and restnctlons 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 con;,m"m are:> for the total development of the subject project
(phase I) and the proposed project (phase II)., ' '
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Page 2 of 12
ACENDA ITEM NO.
PACE ') I
JL-
CONDITIONS OF APPROVAL
FOR
MITIGATED NEGATIVE DECLARATION NO. 2005-07, U
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL
DESIGN REVIEW NO. 2005-02, AND CONDITIONAL USE PERMIT NO. 2005-01
FOR "TESSERA" - APN 373-071-ois
15. In the event the association or other legally respon~ible person(s) fail t"maintain said common area in
such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and
hearing, institute sUIIUIlary abatement procedures and impose a lien for the costs of such abatement
upon said common area, individual units 'or'whole thereof as provided by law. ' '
16. Each unit owner shall have full access to commonly owned areas, facilities and utilities.
. j '-'.'
T..!
RESIDENTIAL DESIGN REVIEW NO. 2005-02
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17. Design Review approval for Residential Design Review No. 2005-02 will lapse and be void unless
building permits are issued within one (1) year of City Council approval. The Community Development
Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of
the initial Design Review approval. Application for a time extension must be submitted to the City of
Lake Elsinore ~ne (1) month prior to the expiration date. :
IS. Conditions of Approval shall be 'reproduced on page one of building plans ,submitted to 'the Buildiflg
Divisio;' Plan Check. All Condition~ of Approval shall be met prior to the issuance of a Certificate of
Occupancy and 'release of utilities. ' "
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19. The dwelling units are two-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 pool 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 building elevations
shall be subject to the review of the C6mrriuniiy 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 air conditiocing units or other mechanical equipment incidental to
development shall be architecturally screened or shielded by landscaping so that they are not visible
&om 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 arid ooeCted on-site so as not to create glare onto
neighboring property and streets or allow illumination above the horizontal plane of the fixture, All
light fixtures shall match the architectural style of the building.
u
Page 3 of 12"
ACENDA ITEM NO.
PACE 5";:L..
23
Ol'~
CONDITIONS OF APPROVAL
FOR
MITIGATED NEGATIVE DECLARATION NO. 2005-07,
(\, TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL
DESIGN REVIEW NO. 2005-02, AN'n CONDITIONAL USE PERMIT NO. 2005-01
FOR "TESS ERA'; - APN 373~071-018 " , ,
23. The applicant shall meet Americans with Disabilities Act (ADA) requirements. The club house shall
comply with all ADA requirements, including an accessible path of travel from- the publi~ way' and
including an accessible parking space. An~ common use areas would als<;> be subject to accessibility
requirements.
24. Trash enclosures shall be co~:structed per CitY ~tandards a; approved by the Community Dev~lopme~t
Drrector or'Designee. ",' , ,
25. Applicant shall use roofing materials With Ciass"A" ftrerating:
. ' '. )-. ' ';"
26. The Planning Division shall approve the location of' any construction trail~rs utilized during
construction" All construction trailers shall require a $1 ,000.00 c~sh bond processed through the
Planning Di~sion. ,
, 27. Materials and colors depicted on the plans and materials board shall be used 'unless modifted by the
Community, DeVelopment Director or designee. ,
(\28. rieco~ativepav:ingshall be included at th{e~tryway and shall be shown on the construction draWings
subnutted to Building and Safety. , .,'.., " "
.' '.: " . r -. ":..,
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 perinanent irrigation system and
erosion control vegetation installed, approved by the Planning Division.
, .
PRIOR TO THE ISSUANCE OF A GRADING PERMIT'
31. Pi:i~r t~ the commencement of grading operations, the applicant shall provide a map of all proposed
haul routes to be used; fo'r movemen~ of dirt'mat,eria\' Such routes shall b,,'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:" '., " , ' '.' . " . ,
32. Prior' to issuance of a,:,y grading pennit or building permits, the applicant shall sign and complete an
"Acknowledgement of Conditions" form and shall return the executed original to die Planning Division
for inclusion in the case records:'" - ,
33. The applicant' shall submit a photometric study for those 'light ~tandards located in the proposed
condominium project. Said study shall ens~e diat parking lot lights will not disturb neighboring land
'~ses and ~hall be approved by the Community Development Director or designee.
(\
Page 4 of 12
ACENDA ITEM NO. ~3
PAGE 5'3 OF S--
CONDITIONS OF APPROVAL
FOR
MITIGATED NEGATIVE DECLARATION NO: 2005-07, U
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL '
DESIGN REVIEW NO. 2005-02, AND CONDITIONAL USE PERMIT NO. 2005-01
FOR "TESSERA" - APN 373-071-018
PRIOR TO ISSUANCE OF A BUILDING PERMIT
34. Prior to the issuance of buildifig 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 fhe requirements of Section 33413(b) of the Califomia
Community Redevelopment Law or ~n alternative equivalent acti~n 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 fun4s to underwrite fhe long-term affordability of an
eqnivalent number of affordable dwelling units constructed or, substantially rehabilitated on other sites
within the City',s redevelopment project areas,.
35. 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 issues in fhe City.
36. Prior to the issuance of the first huilding permit, the applic~nt shall anneX into lighting and' Landscape
Maintenance District No.1 to offs~t 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 "U"
which the City will pay for electricity which includes a maintenance fee to Southern California Edison, "
. " ., .
. '. . , .
37. A Fencing Plan shall be review and approved bi the Planning Divlsion prior to the issuance of building
permits.
" ..
"38. Pursuant to Ordinance No. 1124, prior to the issua;;ce ofa building permit the applica~t shall pay the
applicable Multiple Species Habitat Conservation Plan (MSHCP) Fee.
. . - ,
39. Three (3) sets of. the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and
approved by the City's Landscape Ar~hitect Consultant and the Community Develop~ent Director or
designee, prior to issuance of building permit., A Landscape Plan Check &, Inspection Fee will be
charged prior to final landscape approval based on the Consult~nt's f"e plus forty percent '(40%) City
fee. "' '
a. ' All planting areas shall have permanent and" automati~ sprinkler ~ystem with 100% plant and
" grass coverage using a combination of drip and conventional irrigation methods.
b. Applicant,sh~nplantstreet trees, selected from the City's Street Tree list',a maximum of
thirty feet (30) apart and at least twenty-four:inch (24") box in size. '
c. All planting areas shall be separa~ed from paved areas with a 'six inch (6") high and six in~h
(6") wide concrete curb.
U
Page 5 of 12
ACENDA ITEM NO.
PACE ,I)l-/
2..3
OF 05'
CONDITIONS OF APPROVAL'
FOR
r---. ' MITIGATED N'EGATIVE DECURATION NO, Z005-07,
( \ TENTATIvE TRACTMAP NO: 33370 (FQR CONDOMINIUM PURPOSES); RESIDENTIAL
DESIGN REVIEW NO. 2005-02, AND CONDITIONAL USE PERMIT NO. 2005-01
FOR"TESSERA" - APN 373-07i-018
d. Planting within fifteen feet (15') of ingress/egress points shall be no higher'than thirty-six
inches (36").
f ,;
e. Landscape planters shall be planted with an appropriate 'parking iot 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
, plall and screened as part of the landscaping plan:' , 'J
, '. _, '," r .. " , .'. -c' '. "
g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all
requirements of the City's adopted Landscape Guidelines. Special attention to the use of
, Xeriscape,or drought resistant plantings with combination, drip irrigation systrm to be used
to prevent excessive wateting. ' '
h., All landscape improvements shall be b,!nded 100% for material and labor for two years from
installation sign~off by the City"Release of the landscaping bond shallbe requestedbr th~
applicant at ~e, end of the r~quired two years with approval/ accept~nce by the L~ndscape'
Consultant and Community Development Director o'r Designee. ,',
n
.1.
. . ",'." ", ,I " '>" ;"'" >,'; ..' ,__. . ' l '
. All landscaping and irrigation shall be installed within 'affected portion orany phase at the
tiffie a Certificate of Occupancy is requested for a~y building: All planting areas sh~ll include
plantings in the XeriscaReconcept, drought tokrant grasses" ~nd plants. , . .,
J.
Final landscape plan must, be consistent with appr~ved site plan.
. ,,' " ,
"
k. Final landscape plans to include planting and irrigation details.
, .' ,...x. _ _. , . .' ~
. . .", . -, ",. "
40. Applicant shall comply with the requirements of the Elsinore'Valley Municipal Water District. Pro{)f
shall be presented to the Chief Building Official prior to issuance of building permits and final ~pprovai:
. .... " -' '-..'., .
41. Prior to issuance of building permits, applicant shall provide assurance ,that' all required fees, to the Lake
Elsinore TJni.fied School District have been p~id, ", ."
42. Pri<;>r to'i~suance()f building permits; applicant; shall. provide assurance that all requiretpents of, the
Riv~rside County Fire Department have be<;nmet. . " ; '.,
, ,
'.j" .: '. 1".J. . '.,' . . ", '
,43. Prior to issuance of building permits, app~cant shall pay park-in-lieu fee in effect at time of building
permit issuance.
(\
Page 6 of 12
ACENDA ITEM NO. 23
PAGE SS- OF IP ~
CONDITIONS OF APPROVAL.
FOR
MITIGATED NEGATIVE DECLARATION NO. 2005-07,
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL U
DESIGN 'REVIEW NO. 2005-02, AND CONDITIONAL USE PERMIT NO. 2005-01 .
FOR "TESS~RA" - APN 373-071-018 .. .
ENGINEERING. .
."
" , .', ," ,
'. '
44. All Public Works requirements shall be complied with as a condition of development as specified in the
Lake Elsinore Municipal Code (LEM,C) pri9r m ~bu,ilding permit. .,'
45. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26).
46. Submit a "Will Serve" letter to the City Enginee~g.Division fr~m the applicable water agency' stating
that water and sewer arrangements have been made for this project. Submit this 'letter prior to final map
approval. ..
47. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or
alley shall be the responsibility of the property owner or his agent. '
48. Provide fire protection facilities as required in writing by Riverside County' Fire. Secure; from Fire
Department, approval of the 36 feet curb-to-curb wide street with parked cars on one side as fire lanes
and turning iadius at mtersections of two 36 feet curb-to-curb streets for fire engines.
, '.'.
49. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be
required to ,contract ~th CR&R Inc. for removal and disposal of all waste material,' debris, vegetation U
and other rubbish generated dUMgcleaning, demolition, cleai and 'grubbing 'or all other phases of
construction. If the applicant is nofusing CR&R Inc'., for iecyclingservices and the recycling material is
either sold or donated to another vendor, the applicant shall' supply proof of debris disposal at a
recycling center, including verification of tonnage by certified weigh master tickets.' "
50. All open space and slopes excdpt Eor public parks and :schools and flood control district facilities,
qutside the public right-of-way will be owned and maintained by either a homeowner's association or
private property owri~r.
"
. J .~
51. Applicant shall record CC&R's for the tract prohibiting on-street storage of boats, motorhomes, trail~rs
and trucks over one-ton capacity,' roof mounted or front yard microwave satellite antennas. The
CC&R's shall be approved by the Community Development Director prior to recordation of fmal map.
, ,
52. Applicant shall cause to be'recorded a CC&R's with recordation of final map which provides for
irrevocable reciprocal parking, circulation, loading and Iandscape maintenance easement in favor- of the:
units in each lot, subject to the approval of the Director of Community Development and the City
Attorney. The CC&R's shall' enforce standards of building maintenance, participation in landscape
maintenance, prohibition of outside vehicle or material storage.
53. Applicant shall provide a homeowner's association with CC&R's for maintenance of the open space.
Page 7 of 12 .
U
AGENDA ITEM NO. 'Q t '
PAGE S- "OF .-;
(\
,"
CONDITIONS OF APPROVAL
. .. FOR,. ' '
MITIGATED NEGATIVE DECLARATION NO: 2005-07,', '. ,
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES); RESIDENTIAL
DESIGN REVIEW NO. 2005-02, AND CONDITIONAL USE PERMIT NO. 2005-01
FOR"TESSERA" -APN 373-071-018
54. Exi~~g access~asements over property, idni, 'musfbe addr~ss~d to the satisfaction orthe easement
owners prior to final map approval. ' : . . '
. ...
Street Improvements:
55. Construct all public works improvements 'per appro.;ied street plans (LEMC 12.04).' Plans must be
approved and signedl>Y the City ,Engineer prior to final map approval (LEMC 16.34). Franklin Street
shall be improved from property line to one foot beyond centerline of Franklin Street and 'it will extend
within, the frontage of the property plu~ any trans\tion beyond as required per approved street
improvement plans. Avenue '5 will be graded within the 60 feet wide right of way. Avenue '5 shall be
improved from property line to minimum of 12 feet beyond center-line of Avenue 5 and within full.,
lengthof the property on Avenue 5.
(\
56. 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). Franklin Street and Avenue 5 plans shall show
profiles at centerline and top of curb' to' 50 foot beyond the property frontage length. The profile Of the'
Avenue 5 plans shall be designed from inte~section~ of Franklin Street to MillStreet.
57. Applicant sh~n enter ~io an agr~ement 'with 'the,city for the construction of public works
improvements and shall post the appropriaie bond; prior to final map approval.
58. Desirable design grade for local streets should not exceed 9%. The maximum grade of 15% should only
be used because of the design constraints.
59. Interior streets shall be designed with maximum 5% as the desired grade and intersecting streets shall
meet at a maximum grade of 6%. Each leg of the intersection approach shall be a minimum of 4O-feet
long at a maximum 6% grade.
60. Pay all fees and in~ei requirements ';(en~ioachnient permi{issued' by the Engineeririg Division for
constructiOn: of public works improvements (LEMC 12.08 and ResolutiOn 83-78).
61. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '12"
x 11" Mylar) shall be submitted to the Engineering Divisiori before final inspection of public ~orks
improvements will be scheduled and approved. '
62. The appli~ant shall install'~op~rm~nent benchmarks to Rive~~ide County Standa~ds and at a loc~tion
to be determined by City Engmeer.' ' .
(\
Page 8 bf 12
ACENDA ITEM NO. 2.3
PACE S-/ OF &.C)
CONDITIONS OF APPROVAL
FOR
MITIGATED NEGATIVE DECLARATION NO. 2005-07, U
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL.
DESIGN REVIEW NO. 2005-02, AND CONDITIONAL USE PERMIT NO. 2005-01
FOR "TESSERA~'.- APN 373"071-018
63. Provide street lighting, at interval of 20Q + / ~ 20 feet, and show lighting improvements as part of street
imptovement plans as required by the City Engineer. Revise street lighting on Franklin Street to provide
street lights at intersection of Street "A" with Franklin Street, and on Avenue 5 and its intersection with
Street "D".
64. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations.
. .
. 65. Applicant shall. submit a traffic co~tro'l plan showing all tratfi~control' devices for the tract to b~
approved prior to final map approval. All traffic control' devices shall be ~stalled prior to final'
inspection of p~blic improvements. Thi~ incl~4es No Parking and Street Sweeping Signs for streets
within the tract. . . . . . .
66. All improvement plans and tract maps shall be digitized. At Certificate ~f O~cupancy applicant shall .
submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $1,000
per sheet for City digitizing. . .
.. .
67. AU utilities except electrical over 12 kv shall be placed underground, as ~pproved by the serving utility. .
68. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular U
attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a
special limited use easement must be record,ed to, limit the slope, typ~ of landscaping and' wall
placement. .'
69. Intersecting streets on the inside radius of a curve.Will only be permitted when adequate sight distance is
verified by a registered civil engineer. .
.lJ""
Traffic:
70. Developer has submitted a traffic study; it has been reviewed by City Traffic Engineer. The study show
. that the volume of traffic. will impacts the intersection of the Main Street and Franklin Street, and that
the intersection needs to be si~alized to mitigate the impact. . .
'- "
71. The Study also shows th\lt the centerlin~ radius of Franklin Street at the northeast comer of the project
should be a minimum of 300 feet. .
72. The GeI).eral Plan calls for ex~ension of ~ottery Street to Auto Center Drive to fir betw<;enthe northeast
comer of this project and the freeway. Traffic study shows that there is no need to dedicate additional
right-of-way for this purpose. .
u
Page 9 of 12
ACENDA ITEM NO. r') ~
PACE Sf? OF 0S
n
CONDITIONS OF APPROVAL
;FOR
MITIGATED NEGATIVE DECLARATION NO. 2005-07,
TENTATIVETRA.CT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL
DESIGN REVIEW NO. 2005-02, AND CONDITIONAL USE PERMIT NO. 2005-01
FOR ''TESSERA'' - APN 373-071-018
'". -'
73. Developer shall construct four way traffic signal system at the intersection of Franklin Street and Main
Street. ,The poles and arms of the traffic 'signals shall be compatible with the downtown area
architectural design theme: Developer shall be ,reimbursed for the traffic signal system through the City's,
TIF funds.
74. No resid<cntiallot shall front,any p'ublicroad~; access to the project shall be restricted.on Franklin Street
and Avenue 5 and so noted on the final map.- ,,-'
Grading:
'.
75. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading
plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50
cubic yards or the existing flow pattern is substantially modified as determined by ,the City, Engineer. If-
the grading is less than 50 cubic 'yards and a grading plan is 'not required, a grading pe~t.shall still be,
obtained so that a cursory drainage and flow pattern inSpection can be conducted before, grading begins.
n 76. Applicant. shall obtain all necessary off-sit~ easements for off-site grading from the adjacent property .
owners pnor to.final map approval. ,. .' , , ,'. . '. ' '.\ J'" " '.
77. ProVide soils, geology and seismic report including street design recommendations. Provide final soils
report showing compliance with recommendations.
78. All grading shall be done.under the supervision of a geotechnical engineer and he shall'certify all slopes
steeper than 2 to 1 for s.t:.ability and proper, erosion control. All manufactured slopes greater than 30 ft.
in height shall be contoured.
'."
79. 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;, ' ,
80. Applicant to, provide to the City a photographic baseline record of the conditio;' of all proposed1>ublic
City haul ,roads. In the event of damage to such roads, applicant shall pay full cost of restoring public
roads to the baseline condition. A bond may, be ,required ,to ensure-payment of damages to the public
right-of-way, subject to the approval of the City Engineer.
Drainage:
81. Individual lot drainage shall be conveyed to a public facility, including streets andlor drainage channel,
or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage
easement.
(\
"
Page 10 of 12
AGENDA ITEM NO.
PAGE SC]
23
OF &','J'
CONDITIONS OF APPROVAL
FOR
MITIGATED NEGATIVE DECLARATION NO. 2005-07,
TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM 'PURPOSES), RESIDENTIAL U
DESIGN REVIEW NO. 2005-02, AND CONDITIONAL USE PERMIT NO. 2005-01
" FOR "TESSERA" - APN 373-071-018
82. 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,?'
.,'
83. 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.
84, Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of
final map. Developer shall mitigate any flooding and/or erosion caused, by development of site and
diversion of drainage.
85. Identify potential runoff pollutants associated with the proposed project and address it in project-
specific WQMP.'
86. The detention basin shall address Hydraulic Conditions of Concern. It shall achieve post development
runoff flow rates, volumes, velocities and durations that prevents significant increases in down stream
erosion compared to the"pre-developmenrcondition and prevent significant adverse impact on adjacent,
properties during the 2-year and 10-year,24-hour rainfall event.
"
87. Address the water quality and passageway of the daily nuisance runoff thru ,the detention basin/water U
quality area. ,
"
88. Provide outlet structure and riprap at storm drain outlet.
89. All'drainage 'facilities in this tract'shallbe constructed to Riverside County Flood,Control District,
Standards. ' ' ,. ,
90. 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. ' .
91. Roof drains must be drained to a landscaped area, or be treated per WQMP requirements ,prior to
release into public drainage system or other properties.
92. 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.
93. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master
Planned Drainage facilities constructed.
u
Page 11 of 12
U
ACENDA ITEM NO.
PAGE & 0
0;-~5
CONDITIONSOF APPROVAL
, FOR'
n MITIGATim NEGATrVEDECLARATION NO. 2005-07,
! " TENTATIVE TRACT MAP NO. 33370 (FOR CONDOMINIUM PURPOSES), RESIDENTIAL
DESIGN REVIEW NO. 2005-02, AND CONDITIONAL USE PERMIT NO. 2005-01
FOR "TES~ERA" " APN 373-071-018
94. 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 pian prior to issuance of grading permits. The
applicant shall provide a SWPPP for post construction which describes WQMP that will be
,implemented.
95. Education guidelines and Best Management Practic'es (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. '
Dedication:
(\
96. ' Dedicate a 30' wide strip of street rightCof-wayalong the easterly property line along )\venue 5.
Dedicate additional right-of-ay' for a standard comer cutback for the future curb return at the
northeasterly comer of the lot for a 300 feet radius horizontal cUrve at centerline of Franklin Street. See
Traffic section for other possible de~cation' requii-einents,'
Miscellaneous:
97:: Show location of all perimeter walls on Ten~tiveTract Map.
End of Conditions
Note: * Itolics indicates addition to text, s!fil,et\l1'''''gh ~dicates removal from text:
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(I
Page 12 of 12
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CITY OF LAKE ELSINORE
. . .
REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY
TO:
MAYOR AND CITYCOUN,CIL \
CHAIRMAN AND MEMBERS OF THE BOARD
FROM:
BARBARA ZEIn LEIBOLD, CITY ATTORNEY
DATE:
OCTOBER 11, 2005
SUBJECT: EMPLOYMENT AGREEMENT FOR CITY CLERK!
AGENCY SECRETARY
BACKGROUND
In connection with selection of a City Clerk and Agency Secretary, the City Council
and Redevelopment Agency Board directed the City Attorney to prepare an agreement
setting forth the terms under which Deputy City Clerk Frederick Ray will serve as the
City Clerk and Agency Secretary.
DISCUSSION
A draft Employment Agreement prepared by the City Attorney will be reviewed by the
City Council in closed session and entered into the record of the regular City Council
meeting prior to City Council and Agency Board action on this item.
FISCAL IMPACT
The draft Employment Agreement will establish compensation for the City
Clerk/Agency Secretary at $55,000 per year with benefits as specified in the
Agreement.
RECOMMENDATION
That the City Council and Agency Board approve the Employment Agreement and
authorize the Mayor and Chairman to execute the same.
ACENDA ITEM NO. 3 (
PAGE I OF ')..
PREPARED AND
APPROVED BY:
APPROVED FOR
LISTING BY:
Barbara Leibold, City Attorney/Agency General Council
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AGeNDA ItEM NO. . .~ l.
PACE ?., . OF )--
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
OCTOBER 11,2005
,1
SUBJECT:
.' 'RAILROAD CANYON ROAD ROCKSLIDE REPAIR
BACKGROUND
,.
.. ~.' I'
,I,"
The City of Lake Elsinore.has been utilizing the expertise ofCity,&CountySoils,
Engineering and Testing.Company to analyze the causes bfthe Railroad'Canyon .
Roildrockslideand the possible mitigation measures which will be necessary to
complete prior to opening numbertwo.eastbound lane near the .rockslide area.
DISCUSSION
(', .
The Engineering Division has meet with both the above referenced
geologist/testing company and also with a contractor, Hi-Tech Rockfall
Construction, Inc., which specializes in repairing rockslides for many jurisdictions
in California and the continental United States.'
"
Repair/mitigatioJ;l measures were discussed and expert opinions were heard
concerning the required measures to allow the opening of the number two.
eastbound lane with a level of comfort concerning the possibility of a recurring
rocKslide and the safety of the public while utilizing Railroad Canyon Road.
1-.
Based on the localizep rockslide,.within an approximate one hundred foot wide
portion of the existing rock slope, repair methods were discussed and the proposed,
options of repair included rock scaling, catchment fences, mounted wire mesh, rock
bolting, and horizontal drain installation.
There are basically three repair options that are being reviewed which meet the
A~A ITEM NO. 3'0
", PAGE I OF J-
REPORT TO CITY COUNCIL
OCTOBER 11,2005
PAGE 2
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constraints of the site and the City.
Option I
This option includes the installation of rock bolts, horizontal drains, rock catchment
fence, wire mesh drape and rock scaling. This option would install rock bolts,
which essentially attempt to bolt the exposed rock areas into the deeper rock areas
and reduce the possibility of the exposed rock areas to fall. The horizontal drains.
are installed to relieve the pressure build up due to groundwater and rainfall
volumes which invade any cracks or void areas in and behind the existing rock
areas. The wire mesh drape would be used to cover the slope in the slide area and
catch any further rock slideinaterials and dissipate the energy of the falling
material, allowing it to fall and remain off the roadway area. The catchment fence
would be installed on the edge of the shoulder to' catch any materials that may fall
. and attempt to stop that material before it reaches the roagwayarea~
This option is estimated at a cost of approximately $815,000.
u
Option 2
This option includes the installation of rock bolts on a smaller cross sectional area
of the slide, horizontal drains, rock catchment fence, post mounted wire mesh and
rock scaling. This option is similar to Option I, but proposes the installation of
rock bolts in the area with a larger spacing between bolts, resulting in a lesser,
number of bolts installed. Additionally, a post mounted wire mesh system would.
be installed to cover the slope in the slide area and catch any further rock slide
materials and dissipate the energy of the falling material, allowing it to fall and
remain off the roadway area. The catchment fence would be installed on the edge
of the shoulder to catch any materials that may fall and attempt to stop that material
before it reaches the roadway area: .
This option is estimated at a cost of approximately $460,000.. .
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AGaIDA ITEM NO. .2/2._-
PACE 2.. OF 4
REPORT TO CITY COUNCIL.
(\ OCTOBER 11,2005
PAGE 3
Option 3 ....
.r':'1{ I'.
This option includes the installation of a rock catchment fence, post mounted wire
mesh and rock scaling. This option is similar to Option 1 & 2, but does not include
the installation of rock bolts and h~rizontal drains. A post mounted wire mesh
system would be installed to cover the slope inthe slide area and catch any further
rock slide materials and dissipateihe energy of the falling material, allowing it to
fall and remain off the roadway ar~a~ .Thecatdiment fence would be installed on.
the edge of the shoulder to catch any materials that may fall and attempt to stop that
material before it reaches the roadway-area.. . ; , .
",' 'j; ",' ,.' 'I
i This option is estimated at a cost of approximately $'175,000.
ANALYSIS
(\
City Staff has worked with City and County Soils Engineering Staff to identify the
condition of the slope failure area adjacent to Railroad Canyon Road and provide
alternative mitigation measures. "Three options were developed, all providing the
benefit of controlling potential slope debris to the shoulder area of the roadway.
Option I proposes to use an extensive bolting, drainage, netting and fencing system to
limit the potential of future failures. Option 2 proposes a more strategic placement of
drains and bolting while maintaining the netting and fencing provisions. The goal of
Option 3 is to control any debris that may loosen without the use of the preventative
measures of a bolting system or additional drainage.
From the Staff point of view, Option 2 appears to provide the most benefit ~or the
money. By strategically placing the bolts, the most "at risk" areas will be reinforced
by "pinning". the higher risk areas to the more competent material deep within the
slope. The construction of additional drains will reduce the potential for water build-
up. Relieving potential water b1-lild-up will reduce the potential for hydrologic
pressures behind the face of the slope which may add to any failure potential. Option.
2 also maintains the netting syste~ over the face of the slope and catchment fencing
along the base of the slope. These features will keep any materials that may loosen
close to the slope (netting) and away from the roadway (catchment fencing).
(\
AGENDA ilEM NO. .~'2
PAIiE. 3 Of 4
REPORT TO CITY COUNCIL
OCTOBER 11,2005
PAGE 4
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Depending on the availability of contractors, the project can potentially be completed
by early January.
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FISCAL IMPACT
'1
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The City Council has set aside approximately $125;000 for use in thexepairs of the
rockslide on Railroad Canyon Road. The proposed repairs are in excess of the
amount currently available and willhaveJo taken from an additional.source. An,
additional $225,000 is needed to complete the project,which is availabldrom.the
Railroad Canyon Benefit District Fund. The .current balance.in the fund Railroad
Canyon Benefit District Fund is $2,369,064 of which $1,275,000 has been
budgeted including the $125,000 for this project. The available amountis
$1,094,064.
,RECOMMENDATION,
. . ,
1~, City Council direct Staff to proceed with correctional work related to Option 2.
2. City Council approve the use of Railroad Canyon Benefit District Funds in the'
amount of $350,000 to be used to fund this project. . ,
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~~REPARED BY: KEN A. SEU~ALO, CITY ENGINEER/('.A5 ,
, ,'.
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APPROVED FOR
AGENDA BY:
. J.
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CITY OF LAKE ELSINORE
REPORT TO THE CITY' COUNCIL
TO:
,MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
OCTOBER 11,2005
SUBJECT: REQUEST TO PROVIDE FUNDING FOR THE VICK
KNIGHT COMMUNITY LIBRARY AT LAKESIDE
HIGH SCHOOL
BACKGROUND
The City has annually provided funding to the Lake Elsinore Library, which
is operated by the County of Riverside, to purchase collection materials to be
used by the community. With the completion of Lakeside High School and
'the new Vick Knight Communit)ILibrary, the County Librarian has sent a "
letter to tile City requesting funding in the .amourtt of $40,000 to enhance the ,
collection'at the new facility. ' ,
. ;,
,>'"
FISCAL IMPACT.-
. ~,
'.'.,; .
, .
'The City collects a library fee of$150'rrom developers for each new home,' , '
constructed in the City. The Citycurtently has $734,789 available in this." -
account. The adopted budget for Fiscal Year 2005-2006 ident{ties $80,000
for the purchase of library books and is in addition to the $734,789.
RECOMMENDATION': ..
~!' . -:.~: ~, '
;'".,.
,','
. It is recommended thaftIle city Council allocate haffofthe $80,000 t6 allow','
the County Librarian to purchase books for the new Vick Knight '
Community Library.
<,.(,.',:, - .:,
PREPARED BY:
Robert A. Brady, City Manager
APPROVED FOR
AGENDA LISTING:
Attachment
. .....,.~...." =~>" '".. 3 CJ
~.w~SH~'.r~'iJ'~ ~
f.~;;f," / (". 3
Execudye Office
C;'~nty of Riverside
u
.. Larry Parrish
i~7" C~~ni)fEx'tutive Officer
l:::! '-iJ '.:: -, . '.
.'... ' - .:
~ SE' '~~5i
CiTY "';.'8eptember 19, 2005
.--..-........"., """ ..J
Bob Brady, City Manager
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Dear Mr. Brady:
I
',',
First, I would like to thank the City of Lake Elsinore for its continuing support of the Lake
Elsinore Comml!ility Library. The annual. gifts of mitigation funds for the purchase of
additional materials have enriched the L~keElsinore collection greatly and made.a
library which is rather modest in space astroilg community information resource. U
At the end of this month, the new Lakeside High School, which includes Lake Elsinore's
second public library, the Vick Knight Community Library, will be dedicated. The
spacious and attractive new library facility and the growing and receptive community
around it make this project an exciting one for County Library staff. We have opened the
doors with a collection of 13,000 shiny, brand new books. With opening day collection in
place, our goal is to continue to fill the shelves with a quality collection over the next few
, .' . I
years.
. i .
Would the City of Lake Elsinore consider providing $40,000 in mitigation fees to the new
Vick Knight Library and support it in the same generous manner as the first Lake
Elsinore Library? Since this is an area of young families, it might be appropriate to
designate the funds for development of the children's collection, preschool through
grade six. .' ". '. .' .,'" . .
" ,
The County Library is planning a special grand opening for the Vick Knight Library in
early October. We want to invite the entire community to drop by and see the splendid
..
U
Robert T. Andersen Administrative Center
4080 Lemon Street. 4" Floor. Riverside, California 92501. (951) 955-1100. Fax ~55-110.5.' " .
ilt'J\ "P:'~ 'A"
;' l...."..~..y,
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Bob Brady, City Manager
Page 2
new facility that is available to children and adults. If the Lake Elsinore City Council is
willing and able to make this gift, we could announce this at the grand opening event.
Thank you for your consideration of this request.
Sincerely,
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Nancy L. ~ohnson
Riverside County Librarian
cc: Gary Christmas
Mark Smith
Cindy Delanty
Supervisor Bob Buster
Robert T. Andersen Administrative Center
4080 Lemon Street. 4" Floor. Riverside, Califomia 92501 . (951) 955-1100. Fax (951) 955-1105
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