The URL can be used to link to this page

Home My WebLink About10/28/2008 CC Reports CITY OF LAKE ELSINORE CITY COUNCIL AGENDA DARYL HICKMAN, MAYOR GENIE KELLEY, MAYOR PRO TEM ' THOMAS BUCKLEY, COUNCILMAN ROBERT E. "BOB" MAGEE, COUNCILMAN ROBERT SCHIFFNER, COUNCILMAN ROBERT A. BRADY, CITY MANAGER WWW.LAKE-ELSINORE.ORG (951) 674-3124 PHONE 'I' (951) 674-2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 ************************************************************************************* TUESDAY, OCTOBER 28,2008 STUDY SESSION AT 4:00 P.M. CLOSED SESSION AT 5:00 P.M. PUBLIC SESSION AT 7:00 P.M. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk's Office at (951) 674-3124, ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. CALL TO ORDER -- 5:00 P.M. CLOSED SESSION (1a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code S 54956.8) Property: APN 379-403-018 City Negotiator: City Manager Brady Negotiating Parties: City of Lake Elsinore and Jess and Marissa Enriquez Under Negotiation: Price and terms of payment I '\vvVIIIlII'l::iIIUClllUII. ~Ldll 1t;::l,;UrlHTlellUS approval. (7) Award Contract for Roof Replacement for Planet Youth Buildino Recommendation: Authorize the City Manager to process a purchase order in the amount of $20,621.00 to Dan's Roofing for the removal of the existing and the installation of a new roof at the Planet Youth Building. (8) Safe Candv Niqht Recommendation: Approve closure of Main Street from Library to Peck for the Safe Candy Night. (9) Request for Street Closure and Fee Waiver for the Unitv in the Communitv Parade Recommendation: Ap~rove the fee waiver and closure of streets along the parade route for the 1i Annual Unity in the Community Parade. (10) Approval to use Siqns of Support Funds Recommendation: Approval to use funds from the Signs of Support donation account to assist the Skate Park program. (11) Cultural Center Diqital Audio Upqrade Recommendation: It is determined to be in the best interest of the City to waive the informal-bidding process and authorize the City Manager to sign and issue a purchase order to On-Trax, Inc., to acquire, install, and configure the Digital Sound Board device. PUBLIC HEARING(SI (12) Mitiqated Neqative Declaration No. 2008-07. Tentative Parcel Map No. 36066. and Commercial Desiqn Review No. 2008-01 for the "Greenwald Commercial Center" Recommendations: 1. Adopt Resolution No. 2008-_ adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan. 2. Adopt Resolution No. 2008-_ adopting Mitigated Negative Declaration No. 2008-07 and the Mitigation Monitoring and Reporting Program appertaining thereto. 3. Adopt Resolution No. 2008-_ approving Tentative Parcel Map No. 36066. 4. Adopt Resolution No. 2008-_ approving Commercial Design Review No. 2008-01. APPEAL(SI (13) Consideration of an Appeal of the Plannino Commission's Decision Relative to Public Convenience and Necessitv Findinqs for Off-Premise Alcohol Sales from a Proposed Convenience Store Located within the Viscava Villaqe Shoppino Center Located at 16665 Lakeshore Drive, Suite 'A' (APN: 379-470-083) Recommendations: 1. Consider the appeal and either uphold the Planning Commission's decision to deny the Public Convenience and Necessity request; or 2. Overturn the Planning Commission's decision and approve the Public Convenience and Necessity request. BUSINESS ITEM(S) (14) Second Readinq - Adoption of Ordinance No. 1256, Addino Chapter 5.80 to the Lake Elsinore Municipal Code Reqardinq Tree Preservation Recommendation: Waive further reading and adopt Ordinance No. 1256, adding chapter 5.80 to the Lake Elsinore Municipal Code regarding Tree Preservation. (15) Second Readinq - Adoption of Ordinance No. 1257, Addino Chapter 8.13 to the Lake Elsinore Municipal Code Reqardinq Requlation of Solicitation Recommendation: Waive further reading and adopt Ordinance No. 1257, adding chapter 8.13 to the Lake Elsinore Municipal Code regarding Regulation of Solicitation. (16) Commercial Desion Review No. 2008-05: A Request for the Renovation and Related Onsite Improvements of the Existinq 2,040 Square-Foot "Taco Bell" Restaurant and Associated Drive-Thru Located 31712 Mission Trail Drive (APN: 363-172-014) Recommendations: 1. Adopt Resolution No. 2008-_ adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan. 2. Adopt Resolution No. 2008-_ approving Commercial Design Review No. 2008-05. (17) Residential Desiqn Review No. 2008-03. for "Jasmine" bv Lennar Homes in Rosetta Hills. Tract Map No. 31792 Recommendation: Adopt Resolution No. 2008- approving Residential Design Review No. 2008-03 for the "Jasmine" products at Rosetta Hills in tract 31792. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting) CITY MANAGER COMMENTS CITY ATTORNEY COMMENTS COMMITTEE REPORTS CITY TREASURER COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT The Lake Elsinore City Council will adjourn to a regular meeting to be held on Tuesday, November 11, 2008, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. AFFIDAVIT OF POSTING I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall, 72 hours in advance of this meeting. //ss/l CAROL COWLEY INTERIM CITY CLERK DATE CITY OF ~ LAKE 6LSiNORf: , I ~ DREAM EXTREME REPORT TO CITY COUNCIL TO: FROM: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROBERT A. BRADY CITY MANAGER DATE: OCTOBER 28, 2008 SUBJECT: CLOSED SESSION REPORT{S) Discussion (1a) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code 954956.8) Property: APN 379-403-018 City negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and Jess and Marissa Enriquez Under negotiation: Price and terms of payment (1b) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case Recommendation Recess prior to adjournment of tonight's meeting in order to conduct an executive (closed) session. Prepared by: Jessica Guzm~r;,c.., Office Specialis~ Approved by: Robert A. Brady Executive Director Agenda Item NO.1 Page 1 of 1 C!TY 0 F . LAK..E LSINOF,J \ I ~ DREAM E,X'TREME .,. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: OCTOBER 28, 2008 SUBJECT: PRESENTATION Discussion Mayor Hickman will present a Certificate of Recognition to Bruce McMeans and Robin Golden of Broken Arts. Recommendation Receive and file. Prepared by: Jessica Guzmar1~ Office Specialist . Approved by: Robert A. Brady City Manager Agenda Item NO.2 Page 1 of 1 CITY OF .~ LAKj ,5,LSiNORJ: ~ DREAM EX'rR.EME TO: REPORT TO CITY COUNCIL HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROBERT A. BRADY CITY MANAGER FROM: DATE: OCTOBER 28, 2008 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council Minutes are submitted for approval as follows: a) Regular Meeting -- October 14, 2008 Recommendation Approve the Minutes of the Regular Meeting of October 14, 2008, as submitted. Prepared by: Carol Cowie ",\'ll\. ) Interim City ~ Approved by: Robert A. Brady City Manager Agenda Item NO.3 Page 1 of 23 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 14, 2008 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 5:22 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE CLOSED SESSION City Attorney Leibold indicated the following items were to be discussed during Closed Session: (1a) CONFERENCEWITH REAL PROPERTY NEGOTIATORS (Gov't Code Section 54956.8) Properties: APNs 363281024-3, 363540003-4, 373061009-3, 373062006-3, 373082021-8, 373083020-0, 373132052-0, 373132053-1, 373132058-6, 373132059-7, 373133001-7, 373133002-8, 373134024-1, 373134025-2, 373134026-3, 373135019-0, 373152001-6, 374043014-8, 374072026-9, 374262004-6, 374262011-2, 375031023-6, 375042027 -4, 375042028-5, 375152048-3, 375152049-4, 375201019-8, 375201020-8, 375223036-1, 375223037-2, 375274009-5, 375274010-5, 375274046-8, 375274047-9, 375293023-6, 375293029-2, 375293030-2, 375321006-7, 375321029-8, 375321030-8, 375321031-9, 375321032-0, 375321033-1, 375321053-9, 375321054-0, 375324010-9, 378055055-0, 378100008-7, 378100009-8, 378100017-5, 378157040-1, 378182017-9, 378182018-0, 378182035-5, 379191004-2. City/RDA negotiator: City Manager I Executive Director Brady Negotiating parties: Redevelopment Agency, City of Lake Elsinore, and the County of Riverside, et al. Under negotiation: Price and terms of payment Agenda Item No.3 Page 2 of 23 (1b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 954956.8) Property: APN 379-204-016-2 City negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and Lillian Galiana Under negotiation: Price and terms of payment (1c) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 954956.8) Property: APN 375-264-019-3 City negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and James H. Harker and Stelca A. Somerville Under negotiation: Price and terms of payment (1d) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov't Code Section 54957): City Clerk City Attorney Leibold indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. The City Council meeting was recessed into Closed Session at 5:23 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.MI City Council reconvened the meeting at 7:03 p.m. Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, City Treasurer Weber, Captain Fetherolf, Captain Cleary, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director of Parks and Recreation Gonzales, Fire Chief Hendershot, Acting Director of Community Development Weiner and City Clerk Munson. PLEDGE OF ALLEGIANCE Rocco Melendez led the Pledge of Allegiance. INVOCATION - MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer. CLOSED SESSION REPORT City Attorney Leibold stated City Council met in Closed Session to discuss four items identified on the agenda as Items 1a through 1d. The first three items involves real property negotiations pursuant to the authority of Government Code Section 54956.8. 2 Agenda Item NO.3 Page 3 of 23 Item 1(a) involves many parcels that are identified on the Agenda which are tax defaulted properties owned by the County. The negotiating parties are the City, the Redevelopment Agency and the County of Riverside. Under negotiation are price and terms of payment. There is no reportable action on that item. Item No. 1(b) also real property negotiations involve parcel number 379-204-016-2. Negotiating parties are the City and the owner Lillian Galiana. Under negotiation is the price and terms of payment. There is no reportable action on that item. Item 1(c) involves property along Wilson Way. The parcel number is identified on the Agenda and the negotiating parties are the City and the owners James H. Harker and Stelca Somerville. Under Negotiation is the price and terms of payment. There is no reportable action on that item. The fourth and final action involved public employee performance evaluation pursuant to Government Code Section 54957. The evaluation was of the City Clerk. It is my obligation to report tonight that Vivian Munson has submitted a letter of resignation and the City Council has unanimously accepted that letter of resignation effective immediately. PRESENT A TION/CEREMONIALS (2) Mayor Hickman presented a proclamation to Vicky Figueroa on behalf of the Inland Empire Race for the Cure in recognition of the Susan G. Komen Race for the Cure. Vicky encouraged people to come out and thanked Council for the proclamation. (3) Mayor Hickman presented Certificates of Recognition to Corporal William Cuddy, Deputy Robert Wilson, Deputies John Juarez and Joseph Sinz, and CSO Miriam Shumway, the Lake Elsinore Police Department Trauma Intervention Heroes with Heart recipients. Each of the recipients briefly thanked the City Council for the recognition and the City Council's continued support of the department and its officers. (4) Mayor Hickman presented the City of Lake Elsinore's Dream Extreme Outstanding Business of the Quarter award to the Links at Summerly, the City's golf course. Stan Gonzales, golf pro and Maryanne Melvroe, Food and Business Director for the Links expressed their appreciation for the recognition. (5) The City Council received a presentation from Nico Melendez, Spokesman for the U.S. Department of Homeland Security. Mr. Melendez acknowledged the law enforcement officers who were previously recognized. Mr. Melendez presented a slide presentation on the Ready Campaign, a public service campaign produced by the Department of Homeland Security providing residents with information on the steps to be taken in preparation of a catastrophic disaster. Mr. Melendez advised how the City can assist with disaster situations. 3 Agenda Item NO.3 Page 4 of 23 (6) Mayor Hickman presented a proclamation to Ray Gonzales, Director of Parks and Recreation in recognition of Arbor Day. Director Gonzales accepted the proclamation and thanked the Council for proclaiming Arbor Day advising that the proclamation was the first step in becoming recognized as a TREE CITY USA. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Chris Hyland, a City of Lake Elsinore resident, expressed her opinion on the unethical practices of demolishing campaign signs during elections. She also discussed the bombing of a candidate's car. COUNCIL APPROVES CONSENT CALENDAR ITEM NOS. 7 THROUGH 17 The following items were listed on the Consent Calendar for Council approval: (7) Minutes of the Followina Meetina(s) a) Joint City Council/Redevelopment Agency Study Session - September 23, 2008. b) Regular Meeting - September 23,2008. Recommendation: Approve as submitted. (8) Warrant List Dated September 30. 2008 Recommendation: Authorize payment of Warrant List dated September 30, 2008. (9) Claims aaainst the Citv Recommendation: Reject the claims listed and direct the City Clerk's Office to send a letter informing the claimants of the decision. (10) Second Amendment to Janitorial Services Contract Recommendation: Authorize the City Manager to sign the Second Amendment to Service Contract for janitorial services for City parks and facilities with A & A Janitorial. (11) Second Amendment to Parks Landscape Maintenance Contract Recommendation: Authorize the City Manager to sign the Second Amendment Parks Landscape Contract with CTAI Pacific Greenscape to provide park landscape maintenance service to the City of Lake Elsinore. (12) Refund Lake Manaaement Fund Deposit for FY 2008/09 4 Agenda Item NO.3 Page 5 of 23 Recommendation: Approve the refund of the $650,000 Lake Maintenance Fund deposit for FY 2008-09. (13) Approval of License Aoreement for Use of Old Librarv Buildino with California Familv Life Center Recommendation: Approve the License agreement for the Old Library Building with California Family Life Center and authorize the City Manager to sign the agreement. (14) Approval of South Coast Air Qualitv Manaoement District Lease Renewal Recommendation: Authorize the City Manager to execute the contract renewal with South Coast Air Quality Management District extending their lease agreement another five years. (15) Interchanoe Improvements at Interstate 1-15 and Central Avenue (SR-74) - Consultant Selection for Survevino and Soils TestinQ Recommendation: Approve the selection of KDM Meridan for survey work and the firm of City and County Soil Testing for soil testing for Interchange Improvements at Interstate 1-15 and Central Avenue (SR-74) and allow staff to process the agreement. (16) Purchase Authorization to Replace Enterprise E-Mail Server Recommendation: 'It is determined to be in the best interest of the City to waive the bidding process and authorize the City Manager to sign and issue a purchase order to Hewlett Packard, Inc. and Zones, Inc. for the replacement of the City's Enterprise E-mail System. (17) Minor Desion Review for K. Hovanian Homes Recommendations: a) Receive and file the resolution and conditions of approval. b) Instruct the City Clerk to record the vote on the resolution as 3-2 in accordance with the vote taken on September 23rd c) Authorize the Mayor to execute the resolution. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to approve Consent Calendar Item Nos. 7 through 17. The following vote resulted: 5 Agenda Item NO.3 Page 6 of 23 AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARING/S) (18) General Plan Update and Draft Environmental Impact Report Recommendation: Consider the staff/Planning Commission recommendation and direct staff/Planning Commission accordingly. Mayor Hickman opened the Public Hearing at 7:37 p.m. City Manager Brady indicated that the General Plan Update and Draft Environmental Impact Report has gone through several Planning Commission hearings and deliberations and what is being brought forward is the recommendation of the Planning Commission. He asked Acting Director of Community Development, Tom Weiner, to review the staff report with the City Council and respond to any questions. Acting Director Weiner advised Council that staff completed its analysis of the land use requests that were presented to the Planning Commission during public hearings held in April and May of this year. The requests are included in a matrix in the staff report provided to Council. While reviewing the change requests, staff did identify many errors in the General Plan Update text, Land Use Map and the District Plans. Recommendations to correct these errors have also been made and are included in your report. At the September meeting of the Planning Commission certain concerns were raised related to the procedure of evaluating traffic impacts as well as land use concerns in the Alberhill Land Use area and the Country Club Heights Land Use area. He made clear that based on the City Council's choice this evening there is a window of time where these areas can be re-evaluated before being brought back to the Planning Commission and the Council. The City Council has the following options this evening: . Consider and approve all of the changes recommended by staff and the Planning Commission so far. That would give staff the direction to move forward with making those changes and any subsequent changes that are 6 Agenda Item NO.3 Page 7 of 23 \ made can be made before re-circulating the Environmental Impact Report. This option would cause the EIR to be re-circulated. · Approve and/or reject in part the recommended changes. Council can recommend those changes not approved by Council not be made and staff will proceed with the balance of the changes. This could possibly cause modification to the EIR. · Consider and reject all of the recommended changes and the General Plan land use stays as was previously presented. If the City Council chooses the first option it will allow staff to make final changes corrections and re-evaluations as well as ensure the environmental document is re- circulated and finalized in order to complete the General Plan Update. Acting Director Weiner advised that he has met with interested parties over the past few weeks and has several future meetings scheduled to discuss these issues, and he intended to do that in a timely manner in order to have the General Plan Update before the Council, the community, the development community and the business owners. Mr. Weiner made himself available to answer any questions. Tom Tomlison representing Castle & Cooke stated that they supplied an update to the Council today where they would like to be and how they would like to proceed with the Alberhill Specific Plan area. He advised there were several items he addressed with several individuals and both the City Manager and Acting Community Development Director have met with them to review the changes and he felt confident that the changes can be worked out in the future. He respectfully requested the City Council to allow that time to work out the differences between what's been presented to the Planning Commission and move forward with the reccirculation of the EIR. Miguel Flores expressed his opinion that Country Club Heights should remain the same. He indicated that he purchased property in that area in 1990 and if the area is rezoned Hillside Residential he will not be able to build what he thought he would be able to build. He expressed his wish that the City leave the parcels the way they are. Councilman Magee expressed his concerns regarding the process taking much longer than had been hoped having gone 30 months past the deadline with requests for more time and study. He pointed out as part of the North Central Sphere there are two parcels at the EI Torro turnoff that were created as part of the Highway 74 realignment that don't appear on the map and the proposed zoning is for Business Professional. If business professional includes outdoor storage he would be in support of it, otherwise that area needs to be re-evaluated and the two parcels that aren't on the map need to be General Commercial based on their location and physical characteristics. With respect to the concerns relating to the traffic study in the Alberhill Ranch area, he felt the City needed to take another look at the number of dwelling units proposed and 7 Agenda Item NO.3 Page 8 of 23 allowable. Based on the documents he has if the dwelling units are underestimated at two dwelling units per acre in 1400 acres that is 2800 dwelling Units and over 10,000 vehicle trips a day, which in his opinion equates to another lane for an arterial street. Mr. Magee felt that needs to be seriously examined. For the residents along Lakeshore, he wanted it made clear that staffs recommendation for public access for a boardwalk not be permitted on any private property. Staffs recommendation is that public access only be included on public property or on public right-of-way. Finally, he felt the City needed to find a way to address and encourage reasonable and responsible development in Country Club Heights. He thought Mr. Huber's paper, "A Bridge to Nowhere" which discusses combining 4,000 square foot parcels rather than changing the zoning to Hillside Residential where only one dwelling unit per lot is allowed, and which runs contrary to what Council is trying to promote, which is to collect parcels and then be able to build on them. He expressed his support of allowing staff to continue to work with property owners to re-circulate the environmental document and to go through and address the errors and omissions including the parcels he previously mentioned. Councilman Schiffner stated his opinion that Country Club Heights would never be developed unless a developer be allowed to accumulate parcels because the infrastructure would not be done by individuals. He expressed his view that the lots had to be accumulated and put together projects large enough. He felt the same thing would need to be done along the shore line. Mayor Pro Tern Kelley thanked the Planning Commission for their hard work holding numerous meetings going over the document, listening to public comments and trying to adjust the General Plan. She felt the gentleman who submitted the "Bridge to Nowhere" report brought up some very good points and expressed her concerns that Country Club Heights needs to have a second look at it. The second area was along the lakeshore. Mayor Pro Tern Kelley feels the City's General Plan is, and should be, a visionary document guiding the City Council. The General Plan is supposed to be revised every ten years. This General Plan has to guide all of the city councils in the future as to how the development in this City should go, where it should go and what it should look like. In that respect it has to have a common thread of vision and that vision has to be shared by everyone that sits at the dais and all of the residents of the community. Working from that standpoint, the vision that she has always accepted held onto and thought was the majority of this City, was open recreational along the lakeshore. She expressed her disappointment that residential has been recommended along the lakeshore and thinks it is almost impossible to do because the requirements are 10,000 square feet lots. Lakeshore would have to be widened and it would be very difficult to have houses on the lots, sewers and other infrastructure that would be required to make that happen. She felt the City's policy on rezoning to residential is misleading and would prefer to see that remain recreational. The Council has had the goal to purchase as much land as possible with the idea of developing it 8 Agenda Item No.3 Page 9 of 23 into a view shed with bicycle trails, picnic areas and beaches and that is the . . ' VISion she would like to hold onto. She expressed her concern that Council needed to take a close look at Country Club Heights which should be the most spectacular developed area in this town with the most beautiful view. She wants something different along the lakeshore. She can support the other changes made. Councilman Magee indicated he agreed with Mayor Pro Tem Kelley on everything except the lakeshore. He is a proponent of private property owner rights. There are some very difficult and unique situations along Lakeshore Drive; topography, flood plain and access or right of way issues. If the Council can go through and purchase these properties for public use and public access as envisioned by Mayor Pro Tem Kelley, he would agree. This Council has done some of that. However, if a private property owner can create something in that area then their investment has been realized. He believes to lessen the value of their property by zoning it commercial, artificially devalues their investment. He would like to encourage that investment in our town. Councilman Buckley asked some questions regarding the process. He wanted to know why this had to go back to the Planning Commission after the Council decided what to do and what changes to make. City Attorney Leibold explained that the Planning Commission needs to make a recommendation with respect to the EIR and the EIR has notbeen completed even to date with the preferred land use plan as stated in the project description. If the Council recommends the changes or accepts and directs staff to make the changes recommended by staff and the Planning Commission then the text changes and the General Plan, the map changes, and the corresponding changes in the EIR will be re-circulated then it has to go back to the Planning Commission to make a recommendation to the City Council. He questioned whether the parts of Wildomar that were left in the City's sphere had been removed. Staff confirmed that it has and they would confirm that. Councilman Buckley reviewed the changes to be made In the General Plan Update starting with Book 1, section 2.17 he suggested a bullet be added concerning mixed use bonuses. In section 2.3 he requested 5.6 be stricken as "true to form" is indefinable. He suggested under Railroad Section 2.43, that a reference be added concerning SCAG, RCTC and Metro link are potentially looking at a Metro link rail coming down the 15. Under section 2.43 Airport Transportation, he requested a reference that a permanent lit runway would be unacceptable and impossible because it would have to be paved and it is in the floodplain and the other difficulties associated with those issues. Under section 2.53 he noted a couple of anomalies between the City and the School District at North Peak and the end of Canyon Hills. He asked that a reference be added encouraging the rationalization of those boundaries. 9 Agenda Item No.3 Page 10 of 23 Mayor Hickman confirmed that Councilman Buckley meant to encourage the other school districts to allow Lake Elsinore Unified to expand contiguous with the City's boundaries. Councilman Buckley continued with 2.61 Adequate Electrical, Natural Gas and Telecommunications Systems. He requested a reference in this section for newer tracts to promote telecommuting and be fully wired for telecommunications when created. Under section 6.2 - 22.5 There is a ratio of 1.5 officers per thousand and Council may want to consider an ordinance or resolution establishing a higher rate but to have 1.5 officers included in the General Plan is just never going to happen. It was noted the County standard was 1.2. Section 2.73, he noted a typographical error, "Villa" Rochelle should be "Via" Rochelle. Under Section 3.3 Air Quality Goals and Policies -- AB 375 and SB 32 are new and not referenced and should be referenced as "in accordance with the rational implementation of AB 375 and SB 32", if possible. Section 4.20 - Councilman Buckley noted that palm trees had been discussed. He asked if live oaks and different types of oaks also be listed for preservation. He referenced Map 4.8 which indicates the lake is visible from Lowe's parking lot. He felt there were problems with the map as to where the Lake can be seen and asked that that be resolved. Page 4-77 the City should consider an actual view shed ordinance in the coming future where legal and where appropriate. Book 2 - Business District Map - he asked how the Limited Industrial area was going to be accessed, whether access would be off Nichols or south coming off the 74. Historic District - residential mixed use at 5%, he thought it had gone up significantly and asked for confirmation that the numbers in the books were going to be changed to match the maps. Staff confirmed they would. He noted under 2.6 on HD 9 the phrase "true to form is indefinable" should be stricken. HD 11, under 3.2 the language "encouraging development to incorporate historical architectural themes into building facades," he suggested striking the remainder following that phrase. Referring to North Peak, he noted there isn't a reference to the high school district line. Currently there is a line that defines Perris and Lake Elsinore and it would be better in the eventual Specific Plan not to change that line. He felt north of that line be strongly considered for senior housing. He suggested looking at expanding the auto mall area between 5 and 7 and asked about the area between Avenue 7 and 10 on Lakeshore, it is listed as Tourist Commercial and is maintained as Tourist Commercial on the modified map. He added that there are several zoning issues to consider in that area. Referencing the revised maps he felt the Business District was okay as is. He did not have any changes for Eastlake. He agreed with Mayor Pro Tem Kelley and Councilman Magee regarding the Lakeshore; that it is a vital part of the City and should be preserved. However, he felt with some very restrictive design standards calling for gaps, setbacks, minimum square footage, etc., there may be a way to allow building in that location. He asked if the designation in downtown at the corner where the Ambassador Hotel is mixed use? It was confirmed that it is Residential Mixed Use. He suggested coming back with consideration for changes to the Downtown Master Plan. He addressed the area between 10 Agenda Item No. 3 Page 11 of23 Graham, Limited and Lakeshore from Poe to Lewis where it changes to high density residential indicating he is not sure if it is appropriate especially since the idea is to encourage higher density downtown to create the people to support the businesses in the mixed use area. He asked about the Alberhill Map, indicating the 9+ acres isn't showing as part of the flood plain and asked that it be looked at. Lake Elsinore Hills the density has significantly increased on the hillside to Medium; the original had been Hillside Residential. In his view there was no question that it had to go back to Hillside Residential. Staff confirmed it was changed to Low Medium. Councilman Buckley felt it should be Low or Hillside Residential considering the topography and the surrounding use. Under the Lakeview District at the' corner of Lincoln and Riverside, he asked whether General Commercial would allow for Commercial Mixed Use. Staff confirmed that after talking with the property owner it was being considered for Commercial Mixed Use to allow for flexibility. Referencing Country Club Heights, Councilman Buckley stated the landowners have rights and residents have rights as well. According to the Residents Committee Report that was approved unanimously by the City Council the residents do not envision tract homes; they envision custom homes. He felt the proposed reference from SITL development is not a good idea. He confirmed, after being questioned by Mayor Hickman, that he was talking about the area from Gunderson Canal that is now designated Low Medium. He stated that considering it is surrounded by Hillside Low and Industrial makes it a planning island and it is inappropriate for that area. He noted the area along Strickland that is designated Medium Density is also inappropriate. He asked whether the area between Strickland and Trelevin, designated Business Professional was to transition between the f100dway and the sewer plant. Mayor Hickman indicated he had numerous changes himself, a lot of them he thought Staff had heard. In Country Club Heights he would like to see Medium Density. He would like to see someone come in and develop that area mentioning a person has purchased several lots and he felt he had every right to develop those lots and especially on Gunder Avenue where it is designated Hillside, he felt it should be Medium Residential. He indicated that a lot of the maps he had were not up to date and he planned to give Staff all of his changes rather than take the time to discuss them at the Council meeting. Mayor Hickman stated the County owns a lot of the area along with DLM in the North Central Sphere. They have a corridor that comes through next to Syntex in that area and there is no cutoff for the EI Torro Road that belongs to the County. He suggested Staff obtain a County Map to coincide the County's designations since that area does not yet belong to the City. There are mapped areas that are not included in these maps. There is a lot of the open space in that area and in North Peak that should be noted. He indicated that he would meet with Staff to 11 Agenda Item No.3 Page 12 of 23 review the remainder of his changes. He felt time was not of the essence, it was more Important that the General Plan be done right, Councilman Magee added to the Mayor's comments regarding the EI Torro cutoff, indicating the County was designating the area from Highway 74 to Nichols as a six lane road and there were several blue line streams in that area. He stated that Staff needed to match up with what the County Road Department was proposing in that area so that the City's maps are consistent with what the County has proposed whether or not annexations go forward, so the public receives the correct information. The Mayor invited further comments from the public. Dan Elray, a citizen of Lake Elsinore referenced a General Plan study group for Country Club Heights several years ago and expressed his concerns that water and sewer were discussed In the General Plan update. He mentioned that on Strickland the water provider was EMWD and on the other side of the hill was Lake Elsinore Water District, which has very small water lines in that area. Before any development is done in that area something will have to be done about the water before anything is considered because there is not enough water up there now. The sewers may also be an issue and should be considered in the General Plan. The Mayor directed Staff to go back to the General Plan Report of 2006 and look at it because in reference to Country Club he thinks Mr. Huband has enough lots to help develop that area. There being no further comments, the Mayor closed the public hearing at 8:24 p.m. Mayor Pro Tem Kelley requested clarification regarding the options that were presented and the comments she heard whether the motion would be to make the changes that were spoken about. City Attorney Leibold confirmed that what she heard was Council would like to direct Staff to make certain adjustments and revisions in the preferred Land Use Plans, the corresponding text, make the necessary changes to the Environmental Impact Report, and re-circulate it if necessary. She indicated there is a long laundry list of changes recommended by staff to the Planning Commission and from the Planning Commission to the City Council. She heard some differing opinions with respect to specific areas, Country Club Heights, the Lake edge, Lake Shore and she felt Staff needed clarification She mentioned there was one comment on the methodology of the traffic study and the Pacific Clay area which would be a different methodology than used throughout the balance of the Environmental Impact Report and typically used by the City in evaluating traffic on a General Plan Land Use designation. To the extent that there is no 12 Agenda Item NO.3 Page 13 of 23 disagreement, the direction would be to make the changes as recommended by the Planning Commission. With respect to those few items where their appears to be a different opinion staff needs more specific direction or they wont know what to bring back to Council. She advised that does not mean the Council is making a final decision. Whatever is prepared and presented as the project and evaluated in the Environmental Impact Report will be re-circulated, comments will be received and responses will be made to those comments, at which time it will be presented to the Planning Commission and then to Council; but staff needs direction on those few items. Mayor Pro Tem Kelley moved to reject the Planning Commission's changes regarding the Lake edge area and direct staff to revise the General Plan update consistent with the original designation on the preferred Land Use Map; second by Schiffner. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN SHIFFNER NOES: COUNCILMAN MAGEE ABSENT: NONE ABSTAIN: NONE Buckley moved to approve everything on the revised Country Club Heights Map recommended by the Planning Commission except for two modifications between Strickland and Key; one area to be designated Hillside Residential and the other area as Low Density. The motion died for lack of a second. Thereafter a motion was made by Mayor Hickman to send the Country Club Heights Land Use Map back to the Planning Commission to make changes; second by Mayor Pro Tem Kelley. No vote was taken. Thereafter followed a brief discussion regarding the land use designations on the Country Club Heights Land Use Map and Councilman Buckley suggested changing an area to Low and changing Hillside to Low and change another area to Low. Staff confirmed Councilman Magee's question that if Country Club Heights is designated all Low Density or Hillside Residential then existing medium or high 13 Agenda Item NO.3 Page 14 of 23 density units become legal non-conforming; and if they were to become destroyed they would have to meet the new standard. The City Attorney advised that absent an action, Staff would proceed with the Planning Commission's recommendation for purposes of completing the Environmental Impact Report which will be presented to the Planning Commission with a recommendation to the City Council and ultimately the City Council by way of a Public Hearing will make a final determination. So if Council can't make a majority vote tonight to accept or reject the Planning Commission's recommendation Staff will proceed with the Planning Commission's recommendation. Councilman Magee suggested moving past this item and going forward with the third item of contention which is the Alberhill Traffic Analysis. He stated he both heard the attorney and read the report that states the standard is to use four dwelling units per acre in this particular area where there is a maximum allowable of six and he concluded from the report that there would be 10,000 more trips a day. He did not understand why that would not be analyzed. Staff indicated it was more a matter of consistency. There would be more flexibility using six; however, a new traffic study would have to be done. It was confirmed that the Specific Plan has always recognized it as six but the General Plan has not analyzed it as six. It was explained that four was in line with everything else that was analyzed as a baseline number. Attorney Leibold explained that it was her understanding that throughout the entire General Plan Update and in the City's regular course of business that traffic is analyzed at the midpoint of the allowable range and in this case the mid- point would be three, but it was analyzed at four. That same methodology was used throughout the General Plan update. So to take one specific area and analyze it differently for that area raises the question whether the methodology is wrong throughout the entire General Plan Update. Further explanation was provided for purposes of the General Plan land use designation. There is a range and the Specific Plan is then adopted to be consistent with the General Plan. If a specific project is consistent with the Specific Plan and the Specific Plan is consistent with the General Plan then no additional environmental analysis is required and the developer can rely on the General Plan EIR. If a denser project within that range but at the high end is proposed then additional analysis is required because the General Plan allows for a range and the adopted method has been to analyze at the mid-range. Staff suggested that if Council directs Staff to analyze at six because of the potential for development, then that can be explored. After further concerns expressed by Councilman Magee, Attorney Leibold explained that Castle & Cooke's comments with respect to the traffic engineers analysis was for the 14 Agenda Item NO.3 Page 15 of 23 Pacific Clay property, not Alberhill. Alberhill has an adopted Specific Plan and there will be no additional environmental analysis required. Thereafter followed a lengthy discussion regarding the traffic circulation in the North Peak area and whether the City could use Castle & Cooke's traffic study to save costs and whether there were other areas where there were pending specific plans where the traffic study does not match. Mr. Tomlinson addressed Council indicating that Castle & Cooke has a Pre- Annexation Development Agreement with the City that specifically calls for six dwelling units per acre and that is what they would like to include in the Environmental Impact Report. He indicated that they did instruct and pay for the consultant to modify the traffic report to include that quantity. Attorney Leibold confirmed that there is a Pre-Annexation Development Agreement but it does require that a Specific Plan be submitted subject to the discretion of the Planning Commission and City Council. Mayor Pro Tern Kelley moved to go forward with the Study at the higher level for the Pacific Clay area; second by Mayor Hickman. Councilman Magee requested the motion include direction to have Staff analyze whatever work already completed by the developer and add it, modify it or delete it as deemed appropriate by Planning staff and recognizing that the City was not tying the hands of future councils with respect to density, but is providing a tool to adequately analyze future impacts; Second by Mayor Pro Tern Kelley. The final vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE Attorney Leibold advised that she thought those were all the items that required specific motions and if there was nothing else then a motion should be made to have staff proceed as recommended by the Planning Commission. 15 Agenda Item No.3 Page 16 of 23 Mayor Hickman noted that on the North Central Sphere Map there were a lot of things that needed to be changed and stated he will go through them, if that is the wanted. The City Attorney advised that the issue is that if the Mayor takes his concerns up individually with staff, then the Council is delegating to the Mayor the authority to delegate to staff without being considered by the entire body and the Planning Commission, otherwise it will need to be considered by the entire Council. Mayor Hickman presented his concerns on the North Central Sphere Map beginning with North Peak on Vista Lane the yellow box is BLM land and the other gray boxes are County land. He would like those area designations to coincide with the County's maps. EI Torro cutoff is not shown and needs to coincide with the County map. The purple area where Sunblaise is marked Business Professional; he felt it should be Light Industrial. He suggested Staff check with the County because they have different markings. Mayor Hickman clarified for staff that he was looking for MSACP land. He indicated the EI Torro cutoff should be the same as the County designation. What the County shows in purple which is just above Sunblaise, Staff is recommending Business Professional he felt it should be Industrial just like the County has designated. He felt the squares where the purple ends going west abutting the yellow was being used as Industrial. Staff advised the Mayor that that area is residential and is in code violation of the County. That area was designated residential RA 20,000 square foot lot minimums and there are currently code violations against the County. The County has a habitat corridor going through near Sharon Street, in the green area and half of the red and purple and goes south at an angle. The area that says Lake Elsinore Hills is all habitats currently. All of the area that says Lake Elsinore Hills in yellow is currently a mapped land. He felt the three large yellow squares below the location marked Third Street heading toward 74 should be Light Industrial. Mayor Pro Tem Kelley moved to accept the Planning Commission's recommendation with respect to the entire North Central Sphere with the specific changes outlined by Mayor Hickman and move forward with the General Plan; second by Mayor Hickman. After which a brief discussion regarding whether Spyglass has been mapped. Staff confirmed it had not The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE 16 Agenda Item NO.3 Page 17 of 23 COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEM/S} (19) Ordinance Addina Chapter 8.13 to the Lake Elsinore Municipal Code Reaardina Aaaressive Donation Solicitations City Manager Brady advised this ordinance had been reviewed by the Public Safety Advisory Commission. Mark Dennis advised the Public Safety Advisory Commission had unanimously voted and he was available for comments. Mayor Pro Tern Kelley moved to introduce the ordinance by reading the title only and waived further reading; second by Councilman Magee. The City Clerk read the title of the ordinance into the record and called the roll for the vote: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 8.13 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING REGULATION OF SOLlCITION The following roll call vote resulted: AYES: COUNCILMAN.MAGEE COUNCILMAN SCHIFFNER MAYOR PRO TEM KELLEY MAYOR HICKMAN NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE (20) Introduction of an Ordinance Adootina Tree Preservation Guidelines City Manager Brady advised this ordinance was for the Tree Preservation Guidelines which would allow the City to receive a Tree City USA designation. 17 Agenda Item NO.3 Page 18 of 23 This ordinance recognizes the efforts the City is making in preservation of trees in the public rights of way, not on private property. Councilman Magee introduced the ordinance adding Chapter 5.80 to Lake Elsinore Municipal Code regarding Tree preservation by reading the title only and waived further reading. The City Clerk read the title of the ordinance into the record and called the roll for a vote: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEELSINORE, CALIFORNIA, ADDING CHAPTER 5.80 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING TREE PRESERVATION The following roll call vote resulted: AYES: COUNCILMAN MAGEE COUNCILMAN SCHIFFNER MAYOR PRO TEM KELLEY MAYOR HICKMAN NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE (21) Appeal ofTUMF Buildinq Desiqnation of Service Commercial City Manager Brady indicated that under the Transportation Uniform Mitigation Fee program there are designations with regard to how the fees are applied to various types of construction, residential, commercial and industrial. The applications of the TUMF fees to this project have been appealed by the Applicant. Public Works Director/City Engineer Seumalo advised that the applicant, Omni West Group, who built an office medical complex on Canyon Estates Drive across from Ridgecrest Drive is appealing Staff's recommendation under the TUMF designation as Service Commercial. Under the program the administrative plan designates an appeal process. He briefly explained the appeal process leading to the appeal to the Council and subsequently to the TUMF Board, WRCOG. The applicant disagrees with Staff's recommendation to maintain the Service Commercial designation. He reviewed Staff's evaluation advising the project has two buildings. The first building is 16,835 square feet per floor; Building 2 is 15,984 square feet per floor. The project meets all other requirements for a Class B office except the square footage which is 20,000 square feet per floor. The difference in cost for the project between Class B 18 Agenda Item NO.3 Page 19 of 23 Office and Service Commercial is approximately $231,000. The Class B project would pay a TUMF fee of $143,743 and under Service Commercial the fee is $374,792. Staff was successful in contacting the WRCOG as directed by Council at the 4:00 pm meeting. The process as explained to Staff is that if Council disagrees with Staffs recommendation and upholds the appeal, the decision would go to the WRCOG Board; and at the WRCOG Board, if the Board rejects Council's decision to change the designation, the City is liable for the difference which is $231,000. If the WRCOG Board accepts and upholds the Council's decision the City is not liable for the difference in the TUMF fee. If the City Council rejects the appeal and upholds staffs recommendation then the decision goes to the WRCOG Board and it is up to them. Kipp Dubbs on behalf of Omni Group addressed Council indicating that they are taking issue with the spirit of the law. He advised the reason WRCOG enacted this was to provide developers with an incentive to bring in Class A office facilities to cities in the Inland Empire. Mr.Dubbs believes they have met all of the criteria defined as Class A structures having elevator service, two story concrete structure, and interior access into the office suites. The only criterion not met is the differential of about 4,000 square feet per floor. Because this is a condominium project and it is governed by CC&Rs and even the CC&Rs views the buildings as one project. The parking is for both buildings. If office space is owned in the building on the left, the owner also owns the common areas including the lobbies in both buildings as well as the office space. The applicant thinks WRCOG's position is flawed in areas like Lake Elsinore where new growth is being experienced. Gary Washburn respectfully requested of Council to include in their motion language to the effect that all the items in the office classifications are met except that one and the hardship factor should be considered when it goes to the TUMF Board. After further discussion regarding the issues, Councilman Magee moved to deny the appeal and request relief from the WRCOG Board, encourage the applicant to appeal to that Board and express that this Council believes the applicant has met the intent of the criteria in order to qualify for the lower TUMF fee; second by Mayor Pro Tem Kelley. Councilman Schiffner asked whether the requirements, other than the square footage, of a Class A and Class B building were different or the same. Councilman Buckley asked whether in this case the difference between Class B and Commercial Service is the function of the square feet. Staff said not necessarily, explaining that Class B office has some other minimum requirements. Staff further read the requirements for Service Commercial from the manual and confirmed there is a significant difference between Class A and Class B. 19 Agenda Item NO.3 Page 20 of 23 Councilman Buckley advised, as the WRCOG representative, he would abstain from the vote. Thereafter followed a discussion regarding Councilman Buckley's abstention and Council's direction to the WRCOG representative regarding the appeal. Based on the discussion, Councilman Magee modified his motion to deny the appeal, to strongly encourage the applicant to further their appeal to WRCOG, to request from the WRCOG Board relief in . this particular case from this requirement because the builder has met the intent of the requirement, and furthermore that the City's WRCOG representative, Thomas Buckley, be directed to support the applicant's appeal; second by Kelley. The following roll call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: COUNCILMAN BUCKLEY The City Council recessed to the Redevelopment Agency meeting at 9:32 pm to conduct business. The City Council reconvened at 9:40 p.m. CITY MANAGER COMMENTS City Manager Brady commented/announced the following: (2) (3) (4) (5) (1 ) Thursday, October 16, Assembly Members John Benoit and Kevin Jeffries will provide the EWDC updates on what is happening in Sacramento, the event is from 11 :30 am to 1 :30 pm at the Diamond Club and the cost is $25 for members and $30 for non-members. The Lake Elsinore Valley Camber of Commerce mixer is at 5:30 pm to 7:30 pm on October 23rd at International Auto Crafters, 29385 Hunka Way. Saturday, October 25th is the Lake Elsinore Cruise Day from 5:00 pm to 8:00 p.m. in downtown Lake Elsinore. Saturday October 25th the Women's Club Halloween Ball from 8:00 pm to Midnight at the Women's Club, admission is $15 and costumes are a must. Safe Candy Night, Friday, October 31st, downtown Main Street from 4:00 p.m. to 20 Agenda Item NO.3 Page 21 of 23 7:00 p.m. (6) Saturday and Sunday, November 8th and 9th, the Lake Elsinore Grand Prix at the Elsinore Motocross Park at Cereal Street. (7) Tuesday, November 11th, Dr. Passarella's Annual Report with regard to the School District from 5:30 pm to 8:30 pm at the Diamond Club, admission is $25 for members and $30 for non-members. Dr. Passarella's superintendent will provide an update on Lake Elsinore Unified School District as part of Celebrate Schools Week. (8) This Thursday, October 16th at 4:00 pm in front of City Hall the first sign depicting and identifying Historic US. Route 395 for the City of Lake Elsinore will be unveiled and everyone is asked to join the Council and Staff. Assemblyman Jeffries who assisted the City in receiving this designation will be present. (9) City Manager Brady reminded everyone to shop locally and keep the sales tax dollars in the City which also helps to create jobs and keep those jobs in Lake Elsinore. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Buckley commented on the following: No comments. Councilmember Magee commented on the following: Councilman Magee announced that on Wednesday at 6:00 pm at the Diamond Club the Boy Scouts of America will recognize Mr. Paul Nyhouse as their Citizen of the Year. It is a fund raising event for the boy scouts and he encouraged anyone to come down and give money to a good cause and recognize a fine representative of this community for his efforts and donations to this community over the years. Councilmember Schiffner commented on the following: No comments. Mayor Pro Tem Kelley commented on the following: No comments. 21 Agenda Item No.3 Page 22 of 23 Mayor Hickman commented on the following: Mayor Hickman announced that over the weekend the Diamond Stadium held a Scary Monster Halloween program. He also highly recommended that anyone who is available to go to the Susan G. Komen Race for Breast Cancer event and either walk or run the 5K; it is a very worthy program. ADJOURNMENT- Mayor Hickman adjourned the meeting at 9: 44 p.m. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE 22 . Agenda Item No.3 Page 23 of 23 CITY OF .~ LAKB 6LSiNORI: ,. , ~:" DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: OCTOBER 28, 2008 SUBJECT: WARRANT LIST DATED OCTOBER 15, 2008 Discussion The warrant list is a listing of all general checks issued since the prior warrant list. Recommendation Authorize payment of Warrant List dated October 15, 2008. Prepared By: Matt N. Pressey Director Of Administrative Services Approved By: Robert A. Brady,nti(" City Manager ~l.tV Agenda Item NO.4 Page 1 of 5 OCTOBER 15, 2008 CHECK# 86424 94767 94768 94769 94770 94771 94772 94773 94774 94775 94776 97236 97312 97431 97447 97492 97493 97494 97495 97496 97497 97498 97499 97500 97501 97502 97503 ~ 97504 97505 97506 97507 97508 97509 97510 97511 97512 97513 97514 97515 97516 97517 97518 97519 97520 97521 97522 97523 97524 97525 97526 97527 97528-97534 97535 CITY OF LAKE ELSINORE VENDOR NAME VOID-DIANE BLOCK NEXTEL COMMUNICATIONS NELSON PAVING, INC. SOUTHERN CALIFORNIA EDISON I.C.MA RETIREMENT TRUST FLEXIBLE BENEFITS GROUP, INC. BCS INSURANCE & FINANCIAL SVC, INC. LORENA HANCOCK MARK FISHER COMPANY UNITED STATES POSTAL SERVICE MARTHA CORTES VOID-ROBERT BRADY VOID-QUALITY SUITES HOTEL VOID-NEXTEL COMMUNICATIONS RIVERSIDE COUNTY RECORDER A & A JANITORIAL SERVICE, INC. A BETTER PARTY ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. ALLIED TRAFFIC EQUIPMENT RENTAL, INC AMERICAN FORENSIC NURSES AMERICAN MATERIAL CO. AMERIPRIDE SERVICE ANIMAL FRIENDS OF THE VALLEY ARCHIVE MANAGEMENT SERVICE, INC. BACKFLOW CERTIFICATION BANK OF AMERICA (0619), CITY MANAGER'S O~fICE BANK OF AMERICA (2017), FIRE CHIEF BANK OF AMERICA (2025), ENGINEERING/PUBLIC WORKS DEPARTMENT BANK OF AMERICA (3309), FIRE STATION #85 BANK OF AMERICA (4245), PARKS & RECREATION DEPARTMENT BANK OF AMERICA (5336), FIRE STATION #10 BANK OF AMERICA (5400), FIRE STATION #94 BANK OF AMERICA (6673), LAKE & AQUATIC RESOURCES DEPARTMENT BANK OF AMERICA (6678), FIRE STATION #85 CYNTHIA BIERY BIO-TOX LABORATORIES DIANE BLOCK BMLA, INC. BUREAU VERITAS NORTH AMERICA, INC. CALIFORNIA LAKE MANAGEMENT SOCIETY STATE OF CALIFORNIA, C.S.T.I. CAMBERN & CENTRAL INVESTORS, L.L.C. JASMINE CARLTON CENTEX HOMES, SO. CA. DIVISION PATRICK CLARK CM WASH EQUIPMENT CMS BUSINESS FORMS, INC. CNH CAPITAL AMERICA, L.L.C. COMPUTER ALERT SYSTEMS, INC. CORMAN LEIGH-TOZAI LAKESHORE L.L.C. KIRT A. COURY CTAI PACIFIC GREENSCAPE MARILYN CURTISS W ARRANT LIST $ AMOUNT (150.59>- 2,369.63 24,277.98 5,959.45 4,363.00 116.00 621.44 7,208.25 2,929.00 3,153.64 244.64 (297.00>- (462.00>- (4,739.26>- (39.00>- 2,480.00 138.84 174.16 102.36 276.50 407.48 111.79 7,500.00 102.20 377.00 257.35 33.36 1,972.46 30.35 263.71 749.61 560.30 130.00 25.00 6,064.65 951.12 150.59 24,437.50 3,440.00 160.00 650.00 210,150.75 20.00 844,485.00 168.75 351.41 516.69 3,251.42 240.00 2,000.00 ~,723.50 40,446.92 30.00 10/21/2008 Warranl101508 10F4 Agenda Item No.4 Page 2 of 5 OCTOBER 15. 2008 CHECKiI 97536 97537 97538 97539 97540 97541 97542 97543-97544 97545 97546 97547 97548 97549 97550 97551 97552 97553 97554 97555 97556 97557 97558 97559 97560 97561 97562 97563 97564 97565 97566 97567 97568 97569 97570 97571 97572 97573 97574 97575 97576 97577 97578 97579 97580 97581 97582 97583 97584 97585 97586 97587 97588 97589 CITY OF LAKE ELSINORE WARRANT LIST VENDOR NAME CUTTING EDGE STAFFING, INC. D & SELECTRIC DAVE BANG ASSOCIATES, INC. DEPARTMENT OF CONSERVATION DIAMOND STADIUM GROUP, LLC DIRECTV CAROLE DONAHOE A.I.CP. E. V. M. W. D. ROSAURA ELENES ELITE ELEVATOR, INC. ELSINORE ELECTRICAL SUPPLY, INC. ELSINORE PIONEER LUMBER CO. ELSINORE VALLEY RENTALS EMKAY, INC. ENVIRONMENTAL CLEANING SOLUTIONS & JANITORIAL SERVICE ENVIRONMENTAL SCIENCE ASSOCIATES EXCEL LANDSCAPE, INC. FEDERAL EXPRESS CORPORATION FEDERAL PUBLISHING FIRST AMERICAN CORE LOGIC, INC. GOLDEN OFFICE TRAILERS, INC. HARRIS & ASSOCIATES, INC. HDR ENGINEERING, INC. HISTORICAL DOWNTOWN MERCHANTS ASSOC HOME DEPOT INLAND EMPIRE LOCK & KEY INLAND URGENT CARE WILDOMAR INNOVATIVE DOCUMENT SOLUTIONS DE JANDA -~- STEVE KARVELOT CONNIE KNUDSEN LAKE BUICK PONTIAC GMC, INC. LAKE CHEVROLET-PARADISE GROUP LAKE ELSINORE FLORIST & GIFTS LAKE ELSINORE VALLEY CHAMBER OF COMMERCE PRECIOUS LEE L1LBURN CORPORATION LOWE'S HOME CENTERS, INC. LILY MACEDO CHARLES MACKEY JR. CHRISTINA ANNE MEUMANN MORROW PLUMBING, INC. NBS GOVERNMENT FINANCE GROUP NELSON PAVING, INC. NETCOMP TECHNOLOGIES, INC. ORANGE COUNTY STRIPING, INC. ORKIN, INC. P.B. RAMEY ENGINEERING PITNEY BOWES, INC. PORT SUPPLY PREMIUM PALOMAR MT. SPRING WATER THE PRESS ENTERPRISE PRODUCTION VIDEO, INC. AMOUNT 1,459.20 583.50 1,20?95 345.30 19,764.32 76.98 4,017.00 9,130.58 50.00 185.00 177.93 302.03 18.86 898.58 5,124.06 2,140.52 3,580.73 245.69 278.50 222.60 269.38 25,831.63 39,420.16 432.00 727,902.60 27.42 160.00 2,256.57 822.00 120.00 155.00 61.72 24,053.00 64.66 440.00 135.00 1,200.00 395.65 500.00 2,467.50 367.50 6.77 16,098.19 21,323.75 188.56 1,184.00 155.00 13,590.00 262.92 74.86 647.90 756.85 375.00 10/21/2008 Warrant 101508 20F4 Agenda Item No.4 Page 3 of 5 OCTOBER 15, 2008 CHECK# 97590 97591 97592 97593 97594 97595 97596 97597 97598 97599 97600 97601 97602 97603-97607 97608 97609 97610 97611 97612 97613 97614 97615 97616 97617 97618 97619 97620-97622 97623 97624 97625 97626 97627 97628 97629 97630 97631 CITY OF LAKE ELSINORE W ARRA NT LIST VENDOR NAME AMOUNT 394.81 328.09 1,070.94 52.00 5,253.04 706.92 2,080.00 5,795.70 380.00 210.00 577.52 64.48 3,948.00 40,884.91 152.26 5,000.00 898.52 20,286.07 114.21 281.25 516.50 267.75 770.36 306.90 47.78 1,340.00 2,706.69 569.21 159.95 65.97 877.50 1,566.80 2,607.49 1,365.60 6,204.00 80.01 QUALITY GROWERS QUILL CORPORATION QWEST COMMUNICATIONS RIVERSIDE COUNTY RECORDER COUNTY OF RIVERSIDE, L.E. STATION SADDLEBACK MATERIALS COMPANY, INC. SALLIE MAE, INC. . SC ENGINEERING SCOTT MORRISON & ASSOCIATES SHARP FABRICATION SIGN CENTER SMART & FINAL DAVID S. SOLOMON SOUTHERN CALIFORNIA EDISON CO. SOUTHERN CALIFORNIA GAS CO. . SOUTHWEST CALIF ECONOMIC ALLIANCE STAPLES BUSINESS ADVANTAGE STATE COMPENSATION INSURANCE FUND STAUFFER'S LAWN EQUIPMENT JOSHUA STEVENS T T S TRUCK PARTS TEAM AUTOAID, INC. TEMECULA MOTORCYCLE SALES & SERVICE TOMARK SPORTS, INC. UNITED PARCEL SERVICE UNITED WAY - INLAND VALLEY VERIZON CALIFORNIA VERIZON EQUIPMENT SALES & SERVICE VERIZON ONLINE VERIZON WIRELESS TOM VO JR. WEST COAST ARBORISTS, INC. WESTERN BANK OF CHINOOK WILDOMAR PLUMBING & DRAIN SERVICE WENDY WORTHEY ZEE MEDICAL, INC. PIE DATE $ 2,242,970.10 10/01/08 10/15/08 10/10/08 10/10/08 10/10/08 10/10/08 10/10/08 10/10/08 10/01/08 10/01/08 10/02108 10/10/08 FLEX BENEFITS WIRE TRANSFER FLEX BENEFITS WIRE TRANSFER PAYROLL CASH PAYROLL CASH PAYROLL CASH PAYROLL TAXES PAYROLL TAXES PAYROLL TAXES CALIFORNIA P.E.R.S. CALIFORNIA P.E.R.S. CALIFORNIA P.E.R.S. CALIFORNIA P.E.R.S. 842.49 1,907.73 35,293.70 36,800.30 141,222.30 23,462.07 5,577.44 53,594.50 4,355.58 103,357.00 52,147.45 4,920.55 10/21/2008 Warrant 101508 30F4 Agenda Item NO.4 Page 4 of 5 OCTOBER 15. 2008 CITY OF LAKE ELSINORE WARRANT LIST CHECK# VENDOR NAME AMOUNT GRAND TOTAL $ 2,706,451.21 CHECK STOCK #339367 thru 339493 10/21/2008 Warrant 101508 40F4 Agenda Item NO.4 Page 5 of 5 '., CITY OF ~ LAKE .6,LSiNORJ; ~.~ DREAM E;(TREME~ REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: OCTOBER 28. 2008 SUBJECT: INVESTMENT REPORT - SEPTEMBER 2008 Discussion The Investment Report is a listing of all funds invested for the City as of the date shown on the report. Recommendation Receive and file. Prepared By: James R. Riley cA/ Finance Manager V Reviewed By: Matt N. Presse~ Director of Admini$tfa"tive Services Approved By: Robert A. Brady Jl ~ City Manager U~ Agenda Item NO.5 Page 1 of 12 CITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF SEPTEMBER 3D, 2008 ACTIVE ACCOUNTS BANK BALANCE DEPOSITS IN TRANSIT Bank of America - General Reconciling Items Bank of America - Payroll Bank of America - Flex Benefit Total Active Accounts $2,039,673.35 169,854.75 1,520.48 2,211,048.58 0.00 INVESTMENTS Local Agency Investment Fund Bank of New York-Trust Sweep Account Bank of New York-Medium Term Corporate Notes Federal Home Loan Mortgage Corp. Federal Home Loan Bank Federal National Mortgage Association Sub-total Investments 23,952,724.41 1,100,549.24 1,005,440.00 6,000,000.00 3,000,000.00 2,000,000.00 37,058,713.65 Unrealized Gainl (loss) at 6-30-08 per GASB 31 (LAIF) Unrealized Gain! (loss) at 6-30-08 per GASB 31 (Other) Unrealized Gainl (loss) at 6-30-08 per GASB 31 (Total) (1,974.00) 33,113.00 Total Investments 31,139.00 37,089,852.65 39,300,901.23 Cashier Drawers #1 & #2 City of lake Elsinore Petty Cash Fund TOTAL POOLED CASH AND INVESTMENTS OUTSTANG. CHECKS (743,488.86) (512.72) (543.65) (744,545.23) (744,545.23) I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 24. 2008. A copy of this policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. Matt N. Pressey Director of Administrative Servces October 28, 2008 Date Prepan:d by: J. Riley, FinalX:e Manager BOOK BALANCE 1,296,184.49 0.00 169,342.03 976.83 1,466,503.35 23,952,724.41 1,100,549.24 1,005,440.00 6,000,000.00 3,000,000.00 2,000,000.00 37,058,713.65 (1,974.00) 33,113.00 31,139.00 37,089,852.65 38,556,356.00 300.00 1,000.00 $38,557,656.00 Agenda Item No. 5 JI Page 2 of 12 CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF SEPTEMBER 30. 2008 FUND NO FUND NAME 100 General Fund 101 Supplemental Law Enforce'ment Fund 102 Local Law Enforcement Block Grant Fund 103 Office of T raffle Safety Fund 104 Traffic Offender Fund ' 105 Misc. General Project Fund 106 Affordable Housing In Lieu 'Fund 107 Developer Agreement Revenue 110 State Gas Tax Fund 112 Transportation Fund 115 Traffic Safety Fund 116 City HalJ-Public Works OIF Fund 117 Community Center DtF Fund 118 Lake Side Facility OIF Fund 119 Animal Shelter DIF Fund 120 Camino Del Norte OIF 130 Lighting & Landscape Maintenance Fund 135 #1 Lighting & Landscape Maintenance Fund 140 Geothermal Fund 150 C.D.B.G. Fund 201 Street C.I.? Fund 204 Signal C.I.P. Fund 205 Traffic Impact Fee Fund 211 Storm Drain C.I.? Fund 221 Park C.I.? Fund 231 LibraryC.I.P. Fund 232 City Fire Protection Fund 254 AD 89-1 Railroad Canyon Rd. Improvement Fund 259 CFD 90-3 Construction Fund 267 CFD 2006-1 Summerly 272 CFD 2005-2 CIP Fund 351 AD 87-2 Debt Service Fund 352 AD 86-1 Debt Service Fund 353 AD 89-1 Debt Service Fund i 356 AD 90-1 Debt Service Fund' 357 CFD 2003-2 Canyon Hills 358 CFD 91-2 Debt Service Fund 360 AD 93-1 Debt Service Fund' 362 CFD 95-1(96 Srs.E) Debt Service Fund 363 CFD 88-3/1997 Series F Debt Service Fund 365 CFD 98-1 Summerhill Improvement fund 366 CFD 2004-1 Debt Service Fund 367 CFD 2005-3 Summerly / Laing 368 CFD 2004-2 Vista La90 370 CFD 2005-x Camino Del Nolte 371 CFD 2005-1 Serenity 372 CFD 2005-3 Arberhill Ranch 373 CFD 2005-5 Wasson Canyon 374 CFO 2005-4 lakeview Villas' 375 CFD 2005-1 D. Clurman 376 CFD 2005-7la Strada 377 CFD 2006~X Tessara 378 CFD 2007-X TR#31957 379 CFO 2007 ~X Marina Village 380 CFD 2006-9 Tuscany W 381 CFD 2006-10 River lK 382 CFD 2006-9 Trieste 383 CFD 2007-X Canyon Hills 384 CFD 2003-2 SRS 2006A 385 CFD 2004-3 SRS 2006A 386 CFD 2007-4 Mekenna 388 CFD 2007-6 Holiday 389 CFD 88-3 Series 2008 604 Endowment Trust Fund 605 Public Improvement Trust Fund 606 Mobile Source Air Polution Fund 608 Trust Deposit & Pre Paid Expense 610 Kangaroo Rat Trust Fund 611 Developer Agreement Trust Fund 616 Fire Station Trust Fund 620 Cost Recovery System Fund: 650 CFD 2003-1 law & Fire Service Fund 652 CFD 2007-1 law & Fire Total Pooled Cash & Investments AMOUNT 5,689,588.83 194,295.12 14,070.53 90,017.76 541,157.80 1,007,202.04 3,323,196.56 1,379,633.70 1,460,024.15 504,647.64 894,020.14 607,928.70 239,578.93 386,445.25 32,529.44 (915,718.53) 150,028.23 17,753.51 (109,849.58) 12,690.69 118,819.37 4,913,820.84 6,491,195.12 1,072,298.43 1,272,574.15 685,542.21 127,395.08 673.67 (1,570.00) 843.76 49,211.35 81,034.62 44,288.58 456,574.10 227,247.56 10,467.03 900,031,43 199,470.75 53,740.97 154,174.37 (10,355.97) (17,162.60) 239,387.88 28,549.90 (112,303.80) 10,200.35 190,866.21 54,568.61 45,319.00 (375.20) 44,692.67 60,166.55 404.91 477.60 56,152.16 74,283.97 63,487.68 37,563.13 (111,246.59) (23,453.75) (604.80) 458,518.88 16,341.15 533,694.57 245,070.87 1,340,443.98 11,957.00 1,611,290.00 16.22 1,244,129.58 83,742.94 4.758.60 38,557,656.00Agenda Item No.5 Page 3 of 12 CITY OF LAKE ELSINORE INVESTMENT ACTIVITY SUMMARY FOR THE MONTH ENDING SEPTEMBER 30, 2008 Total outstanding investments as of August 31, 2008 PURCHASE MATURITY/ DATE CALL DATE Investment Purchases: Med Tenm Corp Note 06406HBK4 09/02/08 08/27/13 Total Purchases Investment Maturities: FHLB 3133XEAA7 12/29/2005 09/29/08 Total Maturities Investments Called: Total Calls Net increase (decrease) in LAIF Net increase (decrease) in Sweep Account Total outstanding investments as of September 30,2008 COUPON YIELD TO RATE MATURITY 5,125% 5.125% 5.000% 5.000% $ 38,534,392.99 COST 1,005,440.00 1,005,440.00 (1,000,000.00) (1,000,000.00) (2,500,000.00) 1,018,880.66 $ 37,058,713.65 Agenda Item No.5 Page 4 of 12 CITY OF LAKE ELSINORE QUARTERLY INVESTMENT ACTIVITY SUMMARY FOR THE QUARTER ENDING SEPTEMBER 30, 2008 Total outstanding investments as of June 30, 2008 $ 48,741,334.73 PURCHASE MATURITY/ COUPON YIELD TO Investment Purchases: DATE CALL DATE RATE MATURITY COST FHLMC 3128X7H31 07/08/08 07/08/13 5.250% 5.250% 1,000,000.00 FNMA 3136F9UT8 07/08/08 07/08/13 5.000% 5.000% 1,000,000.00 FNMA 3136F9XJ7 07/15/08 07/15/13 5.250% 5.250% 1,000,000.00 FHLMC 3128X7L36 07/16/08 07/16/13 5.300% 5.300% 1,000,000.00 FHLMC 3128X7S47 08/05/08 08/05/13 5.125% 5.125% 1,000,000.00 Med Term Corp Note 06406HBK4 09/02/08 08/27/13 5.125% 5.125% 1,005,440.00 Total Purchases Investment Maturities: FHLB 6,005,440.00 3133XEAA7 12/29/2005 09/29/08 5.000% 5.000% (1,000,000.00) Total Maturities Investments Called: (1,000,000.00) T olal Calls Net increase (decrease) in LAIF Net increase (decrease) in Sweep Account Total outstanding investments as of September 30,2008 (15,708,405.57) (979,655.51 ) $ 37,058,713.65 Agenda Item No.5 Page 5 of 12 :>< .... r>:l N :: ~ ~ ~ ~ ~ ~ ~ ~ - ~ .... <5 0 <5 <5 <5 <5 <5 <5 <5 <5 e ;> -< <( <( <:! N <:! N <:! N <:! N <:! <:! ro .... ~ Z Z " ii ~ '" ~ ~ ~ '" ~ ~ '" ~ ~ ~ t' 0 ~ c -< 8 '" '" s ~ ~ '" " 5 ~ 0 0 0 0 0 0 S ro ~ l! ~ ~ g ~ ~ '" 8 ~ ~ .... >-l r>:l 0 0 0 0 0 :3 0 0': >-l .... 0 0 0 0 0 0 0 <( <( N <:! N <:! N <:! <:! <( <:! t' -< -< z z ~ ~ 2i '" ~ ~ ~ z ~ ~ ill u ~ N ~ ~ ~ ~ '" i::i :; <5 8 :; ~ 0 ~ 13 , r>:l " :; '" " ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ -< r>:l :3 8 8 8 8 :3 8 8 8 8 ro :J:: .... <( <( N N N :a <:! N <:! N <:! t' ::;: U -< z z '" i::i 2i ~ :e ~ M ~ ~ >> ~ N 0 ~ ~ 0 ~ ~ '" 8 '" s 8 ., '" s '" ~ ;> 0 0 0 0 0 0 ll. ::;: 00 ~ >> t.-' ~ ~ ro ~ ........ 13 e ",-< "" N :: 8 0 :3 8 ~ '" N " ~ " '" ro .... ~ ~ ": ., .., '" N N " .. .c 1\ r>:l~ ~ ~ '" :8 [;j .:; .:; ~ '" .:; ~ ,..: ~ ~ N ~ ~ .,., ~ ~ 3. S; .. N ro ro ~r>:l - ~ N ~ ., " " 5 ~ ., N ::;: - . -< r>:lZ ~ ~ N sf N ,..; ,..: .. sf :: 00 -0 ....~ '" N N .. ..: . ~ N ~ . " f;l;:l Z-< '" "E . ClC) -r>:l ~ -s f;l;:l . Eo< 0 " -s ~ 0 . .; Z .. :3 8 8 8 8 8 8 :3 '" N ;; 8 8 ~ 0 f;l;:l N '" - OJ ~ .. '" ~ ~ g .:; :3 ~ ~ g g g ~ . Tl Z ~ .... N .. 0 "E 0 " ~ 0 0 0 .. 0 0 " ~ .... ~ '" N g g <;; <;; ~ ~ <;; <;; vi <;; ~ 00 .!l 00 Eo< 0 :5( 0 8 8. 8. 8 8. ~ 0. O. O. . e ...:l 00 ~ U ,..; N N 0 '" ,.: ro f;l;:l f;l;:l f;l;:l N ~ e if '" ro > =:l ~ a f;l;:l - z ~ 0 :>< !! g ~ .... ro .... ~ .... ;: '" '" '" '" '" '" '" '" '" '" '" '" g. ~ -< Q ~ ;! 0 ~ ~ 0 0 0 8 ~ ~ 0 8 . -0 ...:l ;> ~ [;j .,., ~ ~ ~ ~ ~ .c Z >-l " ~ " N ~ OJ 0 .... -" ~ r>:l .... '" ~ .. .. .. vi vi vi ~ ~ vi .. ~ -< f;l;:l - -< .~ " 0 0 00 :>< :s ro . .c . 00 € .c >< Eo< ~ .... ~ ro 0 '" ~ .c Eo< Z r>:l - .c r>:l '" '" '" '" '" '" '" '" '" '" '" '" ro g. " .... f;l;:l 00 ~ .... .. ~ ~ ~ 0 0 0 8 ~ ~ 0 ~ :.a U r>:l -< " [;j ~ ~ ~ ~ ~ ~ ro ~ ~ -< " ~ " N ~ OJ .... ~ N - ~ .. .. .. vi vi vi vi ~ ~ 0 ~ 0 ] Eo< Z Ii 00 - ~ >> ~ '" . " c > :3 ~ . ro " N 1\ <( Z ~ 0 ~ '" ~ " '" " ~ - ~ .:; ll. r>:l ~ '" :> ::;: " ~ ~ ;;\ ~ .... ~ 8 .. .... - " N .... N " >< ?;; ..J '" :z: :> - = . '" :;: ~ ::;: " '" " " " :z: " '" ~ ~ -0 ;> ~ g: >< >< >< >< " >< >< '" >< " . ..J ~ ~ '" ~ ~ ~ ~ '" ~ Ii:; " u ;> '" ~ ~ ~ ~ ~ ~ ~ N ~ 0 '" :: ~ ;;; g ;;: Z '" ~ ~ ~ ~ ~ 0 ~ 0 ~ ~ ~ c ~ :3 N 13 ...; ro , . >> " ~ "3 E e ~ ~ .~ - ro . . II >< . 13 ~ ~ c "jj oS ro 13 ro e- e- e- .!l e- ~ >> . ::;: ;;: ;;: . , 0 0 0 0 0 ii: g . " >> u . u u Z u . ~ "" .... E ~ ~ ~ ~ 1J' .!l " . " ~ ~ r;> f!' f!' f!' ro -s <( 0 .~ Z ~ 0 ro ::;: ro ro f!' ::;: ::;: ~ ::;: ~ _ ro r>:l ~ ::;: '" '" '" ~ 0 0 .g .. ~~ c c 0 :; c 0 e- o g ~ . i:- ro ro 3 ::;: ro ro ro ::;: ~ ..;:g > ~ 0 0 j 0 0 0 j ...l ..J .... .s ..J ..J ~ ..J ..J U ~ -0 .ij ~ 0 '" ro . e e . . ~ E e g ~ _ 0 >> ~ .2 0 ~ S r>:l g ,::; s s s g .C .li - 0 0 0 0 1; 0 ~ 0 ro .E . ro :> . 11 :z: :z: :z: :z: z :z: :z: .... :z: z 'l! c " ... Z <( e .~ e e ~ :;; ~ 0 - .. ~ e e e e e e e e ~] ~ . . . ~ . ~ . OJ . . ~ .!l ~ -0 -0 -0 OJ -0 OJ -0 -0 OJ OJ .s is g .:: .:: . . .:: .:: ::;: Agenda Item No.5 " " " " " " Page 6 of 12 "' ~ 0 0 8 0 8 8 0 8 0 0 0 ~:;j 8 s s '" 0 0 0 0 ~ 0 0 ~ ~ g .,; .,; .,; g g .,; .,; .,; ,..: a; .,; ~ 0 vi .; .; " ~ ;)\ ~ ;::: "" ~ [;j ~ '" "1 ~ ~ " '" ~ ~ .., z '" of of ..; ,..: ,..: ,..: of 0 ,,; ~ '!} to; a '" ,... '" 8 '" 8 8 " '" .., ~ ~ '" " ~ " ;)\ '" '" '" .., .., .., ~ .., ~ '" '" " 0 :0 '" ..; .,; ..; .,; ~ ..; ..; a; ..; N .,; .., ,..: vi a; '" '" ~ ~ 8 8 "" '" "" ~ :;; .., :: '" '" '" "" "" " 0 '" "" "1 .., " u ,... :e :e 0 0 i vi vi ,..: ... ..; '" u :: 0 <: :s '" '" '" '" '" '" :: '" ~ '" '" :0 C. .., ~ :;j 0 8 0 0 0 ~ ..l Z .., '" '" 0 8 8 ~ 8 8 0 8 8 '" <: "' '" ..; a; ~ 0 .,; R .,; .,; ,..: a; .,; .,; .,; vi ::: ~ :>- 0 '" .., " 0 0 ~ ;)\ ~ "" .., ~ [;j "" Iii :0 " ~ "'. "1 ~ ~ ". '" " ~ ~ "1 ~ '" '" ,... of g ~ ~ of ~ ,..: ~ ~ ,..: ..; ~ ~ ... 0 ~ <: z ~ ~ 0 8 0 ~ ~ "" .., 0 '" 0 o. 0 '" '" 0 ..; vi of of 2 ,..: <: :;; '" '" ~ :;; '" ;; .., :g 8 8 8 8 8 8 8 8 8 8 0 8 ~ '" '" '" ~I ..; a; ..; 0 .,; .,; ~ ~ .,; .,; ~ .,; .,; 0 .,; :i .; '" .., "- 8 8 8 8 8 .., 8 8 .., 9 ." ." 0 " ~ ~ .., .., " 0 (li '" 0 of g ~ 0 g ~ ~ g ~ ~ ~ vi ~ ~ vi ,,; ~ '" ~ ~ ~ 8 8 8 ~ '" ,..: :;; '" '" 0 ..; of of 0 '" ~ ::: ,..: .. ~ '" '" ~ '" ~ 0 > 0. ;; 0 v Eo< ,... ~I ." tft tft tft ." tft tft tft tft tft ." '" Ql tft v '" .., 0 ~ ~ 0 0 0 8 ~ ~ 0 ~ ~ iil " 1<! '" ~ ~ ~ :: :: ~ ;;:> " '" ~ " '" ~ ~ . Eo< >: N vi ..; ..; ..; vi vi vi vi ~ vi E < .g ~ >- v '" 0 ,... "- 0 '" ,... ~ tft tft tft ." ." tft tft tft tft ." tft tft e, '" 1< 0 ~ ~ 0 0 0 8 ~ ~ 0 ~ ::a~ '" '" [;j ~ ~ ~ :: :: ~ :s '" ..l ,... " '" ~ " ~ ~ ~ O~ '" '" <: N ~ ..; ..; ..; ~ vi vi vi ~ vi ~ 0 >: :;; ~ '" ~~l'""l a <: "'>~ ,... . '" v >- ""='" gj ~I tft ." tft tft ." ." tft ." tft tft ." ." .::: "'",= .., 0 ~ ~ 0 0 0 8 ~ ~ 0 ~ '" " 1<! [;j ~ ~ ~ :: :: ~ II z "'!;::i: '" " ~ " '" ~ ~ ~ '" ,... N - ~ ..; ..; ..; vi vi vi vi ~ ~ '" s: <"'Eo< :s . ,... ""~.. "e '" ~ "'Eo<'" >- '" ~ ~ ~ ~ ~ ~ ~ ~ ~ ;g <::i '" 0"'''' ,... ". ;; ". ;; ;; ;; ;; ;; ;; ;; ". ". .. ..l >"'''' "'[ 0 0 '" Oil !( <: <: 0 <::! 0 '" '" <::! <::! <::! <::! '" <::! <::! '" '" u >- :s Eo<;>o '" " ~ ~ ;::: ... '" :0 Z Z ,..: ~ N '" :-:: ~ ~ "" "" l!i 0 2! ~z'" ,... c. '" '" <::! '" 0 Z ..l u~< '" ;:a ;:a ;:a 8 ;::: 0 . <: " "" "" " - s: <: " :;; 0 '" '" 0 0 0 0 0 E u Z v ,... E ~ '" IS "" "" '" "" "" '" '" "" "" v 0 z ~I 8 8 88 8 8 8 8 8 il <:> <:> ..l " '" '" '" z z < <: <: '" <::! - '" '" '" <::! '" <::! <: <::! <::! - Eo< ..l Z Z '" ~ :<l N '" ;:a ~ ;:a ~ z "" "" '" ~ Oil Oil <: '" '" 0 0 0 '" ~ ~ '" u .S .S - 8 N 2; N ~ ~ .E 0 :0 :0 ~ :: - - ;; 0 " 0 ,... ,... .. .. .. u .s <: <: 0 . . . :;; :;; 'C 'C 'C ~ '" " 8 ~ "" " "" "" "" "" "" "" "" ~ ~ . 9 0 . '" ~I .. 8 8 8 8 8 8 8 8 8 -'! ..l :l <: <: <: E <::! E <::! <::! <::! <::! '" <::! '" <::! <::! E 0 2! it 0 :0 Z Z ~ :: ~ '" ~ ;:a ~ ~ "" "" ;; :;; "' ~ ;; ;; '" '" '" '" 2 v ~ ~ v v ;:a ;:a ;:a 8 " "" g 8 8 . -g 0 - ~ 0 0 0 0 0 ~ . . .:: .:: 0. 0 0 '" . E "- "- ..l .. 0 E <: ~ '" ~ :::i 00 u v "' "' S " '" " ;;; 0 0 ,... 0 '" :;; <:> ~ ,... -s III ~ ~ .., 0 "- "' '" ,... N <:> >- ..l '" '" :0 :0 2 ~ '" '" ,... OJ '" :;;: ~ :;; " '" " " " :0 " '" 0 <:> <:> :;; '" >< >< >< >< "' >< >< :8 >< "' ,... . <: <: '" :0 ..l '" "" "" '" "" "" "" '" . ..l :0 '" ~ :: ~ :: ~ :: :: ;)\ :: ~ -" v ,... ,... '" u '" ~ ~ :; z z z '" ~ ~ ~ ~ " <: ~ ~ ~ ~ 0 ~ >- .. '" '" ~ U ..l ~ > ..l ~ '" v '" '" <: z "- "- u ~ ~ . a a 0 E 2! . 0. .:( E:- E:- " E:- . .,,; ~ :;; :; <: l! . ;,a ,... " 0 0 0 0 '" ffi "' ~ u v U U Z U . II .s E ~ ~ .,,; .,,; :;p .. " "" M ~ ~ ~ . :;; v 0 :;; . . ~ :;; ;;: e :;; ~ . .. "" s :;; '" '" '" ~ v ,... 0 0 0 > :>- " '" . ~ " il . . :;; . . E:- " :;; .5 C" v . . . . . ~ '" > ~ .3 .3 .3 .3 .3 0 0 "" ~ . :>- .E ] ..l U ~ .S . :s ~ v 11 v v v 11 ~ E 11 2! . ~ E E E 0 :;; ~ .::: ." ." "' 0 0 0 0 . 0 . 0 . " ~ 0 . 11 :0 :0 :0 :0 Z :0 :0 ,... :0 Z '" .e "" 11 '" <: .. .. E 1! 1! 1! 1! .~ 1! 1! 5 v "- e T' 'Y ~ . >- g!] v _ v . . v v . .., v v ;; <:> ,... .., ail ~~ ." .., ~ ~ ~ v il il " v v It :;; ,e ~ Agenda Item No.5 "'.... "' "'"' "' "' "' - Page 7 of 12 oJ ~ > E- ~ ~.. ~~g O~N Z..~ tiJ>Oa:: ..H= oJ oJ",,,, ~~~ <...E- .."'~ ",E-'" 0"'''' >~'" E-ZO --'" U\.?< Z S Z < E- '" !; o o ::l "' 0 o "' ~ t a: '" ::> '" ...l Z <( "' '" > 0 :I: .... '" .... ~ < ~ <( ::g ::g .... ~ ~I ~ >- ~ ~I ::g '" '" ~ ~I ~ '" " '" ;; '" ::> ::g u ~ .... "' 1ii o ::g '" .... " '" >- '" .... > ~ ~I z o ;:: ::> .... ;:: '" ~ ] "' . . ~ . > .5 g . <( ~ ;; ... N " N ~ a- M N ;; ... N " N ~ '" ~ N '" ~ " " N <( Z <( Z "' :;;: ...l ...l o a: "8 " "' . . ~ . .s >. g . ,. <( ~ ~ ... N " N ~ a- M N ~ ... N " N :l< M N ... . Ii: .. . ~ . > . ~ .. u . 1'0 <( .. ~ ...l .. . .... '" " '" ... '" .li ~ ::g . o o ::g a ~ . ,:: ] e . ... . "' ~ N 0; ~ ~ ~ ~ N 0; ~ ~ o ::: '" o N '" <( z <( z o ~ N ~ a- a- a- a- '" " '" '" ~ '" . " o u ..:I fl- . ~ '" ] -8 o >- ~ . z ~ o i! ~ '" ~ N '" ~ ~ o o ~ N 0; ~ ~ o ::: 1l ... ~ ::! ~ o ::! i:' . ~ . . .... ... . 1;1 . . ... . '" .. ~ '" " a- N :;; 8 r-: It'i g: S ~~ 88 ~ ~ ~~ "'''' :;; 8 "! 0 ~ on ~ ~ ;; ;; ~ ~ ~ ~ b 8 00 00 88 ~~ ~ 00 _ s:: " " 00 " 00 ~ .... >< ::> a- a- "' "' '" '" ~ :::: ~ ~ <( <( ::g ::g z z "' "' uu :3 :3 I;i .:( . ~ ui ..i . . u u 'E 'E . . '" '" c c . . ~ ~ . . > > ..s ..s . ::g ~ ." ~ z e . il "' g g ~ ~ '" '" . . o 0 'S 'S ::> ::> o ~ N '" '" o o N o o g o o o o N I;i .:( . ~ 1: o ::! .. . o ~ Z .. . . ~ .. ;: .... '" o ": ~ 888 g ci ci on ~ :z N't"'ir-" g :5 8 . l:"'; N 888 ~ ~ ~ ~8'8' . N N "''''''' 8 ~ ~ o ~ " v1 ..j. ..; ~ ~ f'1 009- t::! N ''''' ..... e: iO :s ~ ~ "00 00 8 8 8 ~ ~ ~ "a- '" o _ N ;:; 8 8 ~ '" ~ '" ::g c> .... c> >- ::g '" " >< >< >< ~ ~ 00 ('f1 ('f1 ~ ~ ~ ~ ~ ~ ~ IE IE IE U ...l ...l ~ '" . ~ .3 ~ o :I: e . ... . "' .; . .~ -~ g il - '" . ~ . .s " " ~ ~ ~ ~ ::g ::g .. .. .g .g g G (3 ~ '" '" '" " " = e :2 o '" '" "S '';::: '';::: ;:l i;J u '" ~ ~ ~ o o <> a- 00. ~ o on 8888 ci 0\ 0 ci " 00 ~ on r- f'1 V'l ~r-"S8 q 8. q q 8 g o o 8 on g 8 8 8 ~ ~ ~ ~ 000 S2." ~ ~ 8. "'. tfi ~ ~ ~ ~ 8 ;g s:: ~:;;ori~ ... . . '" . . o ...l . S ~ e . ... . ... .. ~ ::l f"1::: ('f1 ~ ~ ~ ~ ~ ~ on 00 iO ~ ~ ~ 0000 00 00 00 00 8888 ~ ~ ~ t! N \C on 00 __ ~ e e \0 r- 00 r-- o 0 0 0 ;:l ~ ~ ('f1 N ...:l l'I) ::t: ..... r-- ..... ..... >< >< >< >< 00 00 00 00 S:l S:l S:l S:l M M (<') ('f1 u u u u ::g ::g ;:;; ::g ....l ....l ....l ....l :I::I::I: :I: \.l.. ~ ~ ~ :J ...l .; . ~ ~ "E . " " '" . . ~ ~ = ::g ::g ~ C'Cl <;j ~ >. e .g '8 ..s ~ o 66 g fI = Q. c..., VJ e 65~~ .g .~.~.~ s ~ U U ;:l ::s " o U i ~ o ...l o o '" N .; o ..; 8 g o o 8 ..; .. ~ u ~ ::! . . o ...l . S o == .. . . ... . ... .. ;: .... '" ~ 00 s !l o Z !l e o o u E . .... ~ '0 . ::g 8 ~ ~. ~ ~ a- 8 ~ ~ on ~ '" ~ :::i on :: o ~ " N 00 o 00 8 ~ N o 0; o ~ '" '" :I: '" o $ o z u .... ::g g 'jj ::g ... . >- ~ z '< ~ '" '" " ~ N o ~ ci .,.; ~ 00 ~ N ,...} 0 :;: ;; '" ~ 8 :2 ~ ~ ~ " v:i aQ 8. :g '" ~ . ;: z . 1;1 . o '" . o u e . . .... e " '6 . ::! .. ~ 00 o " ~ 11; " " o '" . '" . g ~ E " " ,:: "' 3 i! ~ . . > .5 " ~ " ~ . ,:: !l " '" ~ E S .. u 1'! ~ . ~ !l " '" >. ~ " U >. 13 o o ::g i;' ~ '" ~ u ~ .... -t o >- ~ . z ~ o i! ~ '" u " .. > E ~ ::g i!' 'E " " s " " . - ~ " " Ageillda Item NO.5 Page 8 of 12 l:.l ... ... .. .. Z l:.l ::;:: ;> Ol .. '" Z ~ ... ~:g o ~ "'. Zl:.l'" ~....'" ~~Ol ~oo~ l:.ll:.l::;:: ~~~ ...~... "''''l:.l 00", ..."'''' p..~O ~U"~ "'~ ~ Ol l:.l .. U <( Ol <( = U ... <( ~ u !l: '" ~ ~I '" ~ ~ Z < o Z o '" '" s: ... .... < 0 Q Z '" ~ ~I u ~ ~I .... "' Z o ~ ~ ~ >- '" .... > is '" 0. '" VI '" :;, ::l u ~ < Z < Z < Z < Z .., ,Q a .2- "" < ... o ~ "' :;: ,.., < z ~ ~ 88 ~ t:! ~ ~ ~ s;:: ;:; 8 ~ '" ~ 8:;;: 8 ~ ~ ~ ~ '" >0 e =::: ~ - >0 N - 0 - - . ~ '" ~ '2 < '2 0" 0 o ~ ~ ~ e; e € E i7 = ~ ~ ~ oCt 1l1l1l " " " ti: ti: ti: '" '" '" ,.., ,.., ,.., :z::z: :z: "'"' "' ~ >0 ~ Q ::l " .... " >- ::l '" ~ '" '" '" ~ ~ ~ ~ (""l ~ ~ ~ ~ 00 01 01 00 8:;;: 8 :;;: ~ ~ ~ ~ N >0 ..,.., 00 __ __ ~ e N .... N 0 .... 0 0 .... .... >. >. >. -a '2 -a -a 0000 on on on I#") -e€.e€ ~ t= t: t= g ('ll cu <II Ct&&& "3 ] ] 1 ~ u: ti: ti: u u u u ::l::l::l ::l ..J ..J ..J ..J :z: :z: :z: :z: ~ p. u.. u.. >0 ~ ~ :3 ~ :B r--- r- r- l:"- X >< >< >< OQ QO 00 00 ~ ~ ~ ~ (""l M M ('t'l < z < z < z < z "" ~ ii: z u .... ::l ;:; '" :z: >0 o ::1; o c = u u u u 0 u ,.., ,.., ,.., ,.., ;; u ,.., ,.., ,.., ,.., < "'" Q. ~ .; .; .; .; 1! 1! . . . . . . 1l ::l . ~ u u .~ ~ ~ .; ] .~ 0 0 ~ < OE .;: > 0 .s > "' "' '" . - - u - z = . . . . c c ~ . '" '" i! '" " " " " '" " .2 . . 0 2 c c . c . . i ~ . c ~ ;:; ~ ~ ::l '" "'" "" "'" ::l .... ~ . . ~ . ~ . . ~ ~ ~ c 0 . . - .,:; ::l . ::l ::l . ::l ::l 0 "'" z .s .s il 0 . . .3 . .. 0 .. .. . u 0 0 >- "2 .s > > .. ,.., .s ~ >- ;:: . .s ~ .s ,Q ,Q . is is . E ~ ~ ~ .9 0 0 E "3 ~ :;, ~ ~ .... . 1il ~ ~ 0 ~ <5 <5 0 <5 <5 ~ . . .... . . z z :z: :z: '" .... z ~ 11 . . . Q. Q. Q. Q. . ;:: < ~ E '" '" E '" e = E 6 6 '" c E ~ E 0 8 . = 0 '" c c c >~ .~ c is .. .. . i! . 0 0 . 0 .gf .f! . 0 ~ il i! u g ~ "" .2 .2 ~ .2 1l .2 0 .3 . . u u u U ::l ::l . Agenda Item No.5 ,.., '" "' :;, :;, :;, "' ::> '" Page 9 of 12 < z - . ~'" -a < 0" o < z s s < z € 0 . .9 t: ;:. ~ c Ct< . :0 1)1 ~ < "" "" ::! ~ ti: ii: 0. iiJ ~ '" < < ::l ::l z z "' "' o ~ N ~ '" '" '" '" '" ~ ~ - .... :;; :;, ~ ~ ~ ::: ~ ~ 8 8 ~ ~ ~ 0 ~ ~ ~ 0 @ @ ~ 0 .... 8 8 8 8 8 8 8 ~ 0 0 0 0 0 0 0 '" ~ ~ g' g' ~ ~ ~ ~ ~ ~ 0 u - N N ;;; ~ ~ '" ~ ~ ~ ~ '" '" ...:l ...:l r.1 0 0 0 0 0 0 0 0 0 1<l 0 0 0 0 0 0 0 0 -< ...:l .... ~ ~ N ~ ~ ~ ~ ~ -< -< " 8 '" '" ~ ~ ~ ~ ~ ,... 3 ~ 0 0 Q 0 U ~ N '" ~ 2; 2; 2; N .... - 0 0 0 0 .... ...:l '" '" '" '" '" '" '" '" '" ~ ...:l 8 ~ 0 0 0 8 0 8 ~ -< ((j on ~ ~ ~ ~ ...:l on " N N M r.1 U .,; ..; ..; ..; .,; .,; .,; .,; .,; ... ;.. 0 ;.. .... .... ... '" '" '" '" '" '" '" '" '" ~ ~ 8 ~ 0 0 0 8 0 8 ~ N ~ ~ ~ ~ ~ ...:l 0 ~ ~ " N N "' r.1 .... .,; ..; ..; ..; .,; .,; .,; ~ .,; ... -< ;.. ::!; Z 0 '" '" '" '" '" '" '" '" '" Il< 8 on 0 0 0 8 0 8 ~ QC ((j ~ ~ ~ ~ ~ ro.l ;;, ~ " N "! "' Q 0 .,; ..; ..; ..; .,; .,; on on .,; llI::: Q U 0 N Z ro.l ~ ;.. Q .... .... ...:l l"l ... r.1 ~ M M M M :: M M M 00 ;;J i:O: .... 0 0 0 0 0 0 0 0 0 ...:l llI::: ;;, -< ~ ~ ~ ~ ~ ~ ~ ~ ~ Q .... " 8 '" ~ 00 00 ~ ~ on ro.l ro.l -< ~ 3 N 0 Q Q ~ ~ ~ '" " " " " ~ ro.l = ::!; 0 0 0 0 0 0 0 0 :a ~ u ro.l r.1 -< 00 '" " ~ ~ ~ ~ ~ ~ 00 00 ...:l Eo< -< !:l 0 0 0 0 0 0 0 0 0 ...:l ~ == 0 0 0 0 0 0 0 0 0 ~ ~ N N ~ ~ ~ ~ ~ r.. ...:l ro.l u -< " 8 ~ '" ~ ~ ~ ~ ~ 3 ~ 0 Q Q 0 -< 00 ~ ~ ~ ~ ~ " " " " ~ ;;, 0 0 0 0 0 0 0 0 ~ u r.. Il< Eo< 0 " M ~ M ~ " ~ " .... " i'l ::; '-' M .... ~ M .. U 00 .. '" .... '-' >- :t :OJ ..J '" -< Vi III ~ " '" " " '" '" " " ::;; >< >< >< >< '" '" >< >< ;, ~ 00 ~ ~ ~ ~ ~ u "' M ~ M ~ ~ M :: ~ ~ :: :: ;;; z M M M M M M M M .... ~ Z r.1 0 ::!; ~ u ~ '" u <: <: u u r.1 ::l ..J ::; ::; :>: ::l ::l .... :t ..J :t :t ..J ..J ..J Il< :t :t Z Z :t :t '" '" '" '" '" "' ... r.1 '" '" '" '" .... ~ z ... ::! u ::! ::! ..J ..J ..J ..J ..J . '" 'if . . . . 0 .; .; .; 0 .g .; 0 z .~ .E .E .E E ~ .E .~ 0 . '" " iI " '" " '" ... ii . . ;; I ~ ii .... ~ ~ ~ ;;, E ~ . E .... 1;; :>: ::; ::; ::; 1;; ~ .. .. .. . . .. . ... ~ > > > .... .E .<> 1: .<> . .E .s .<> .s '" .E 0 ] 0 0 '-' 6 6 0 ~ 6 0 Z = = = ... . '" '" '" '" . '" . '" = = ~ a '" '" = '" . .~ .~ = . e = 0 !.' 0 0 .~ 0 .. :-5 0 .. .. .. ::J U is u ::; :OJ ::J Li ::J Agenda Item No.5 Page 10 of 12 CITY .OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS AS OF SEPTEMBER 30, 2008 DESCRIPTION U.S. Treasury Bills CURRENT PERCENTAGE BASED ON MARKET VALUE AS OF SEPTEMBER 30, 2008 0.00% U.S. Treasury Notes 0.00% Federal Agency Issues: FICB FFCB FLB FHLB FNMA FHLMC 0.00% 0.00% 0.00% 13.54% 5.40% 10.85% Banker's Acceptances 0.00% Certificates of Deposit 0.00% Negotiable Certificates of Deposits 0.00% Commercial Paper 0.00% Medium Term Corporate Notes 2.57% Repurchase Agreements 0.00% Reverse Repurchase Agreements 0.00% LAIF (Local Agency Investment Fund) Current Balance 64.67% Bank of New York - Trust Sweep Account Current Balance 2.97% TOTAL 100.00% % of Portfolio Maturing within one year % of Portfolio Maturing or Callable within one year 67.60% 97.29% MAXIMUM PERCENTAGE UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED 40.00% 25.00% 30.00% 15.00% 30.00% UNLIMITED 20.00% UNLIMITED $ 23,952,724.41 UNLIMITED $ 1,100,549.24 no less than 25% Note: Local agencies are only eligible to purchase medium term corporate notes that have a rating of "A" or belter by both Moody's Investors Service, Inc., and Standard and Poor's Corporation. If a security falls below "A" by both rating agencies, then the Director of Administrative Services will evaluate the need to sell the security prior to maturity. The Bank of New York Mellon medium term corporate note purchased by the City has a Moody's rating of "Aa2" and a Standard and Poor's rating of "AA-e." Agenda Item No.5 Page 11 of 12 MONTH July 2005 August 2005 September 2005 October 2005 November 2005 December 2005 January 2006 February 2006 March 2006 April 2006 May 2006 June 2006 July 2006 August 2006 September 2006 October 2006 November 2006 December 2006 January 2007 February 2007 March 2007 April 2007 May 2007 June 2007 July 2007 August 2007 September 2007 October 2007 November 2007 December 2007 January 2008 February 2008 March 2008 April 2008 May 2008 June 2008 July 2008 August 2008 September 2008 AVERAGE CITY OF LAKE ELSINORE PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES JULY 2005 THROUGH SEPTEMBER 2008 (INCEPTION TO DATE) FFCB 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% % OF PORTFOLIO BY AGENCY FHLB FHLMC FNMA Om% ~OO% Om% 0.00% 3.33% 0.00% 6.23% 3.12% 0.00% 14.23% 2.85% 0.00% 18.82% 2.69% 0.00% 22.92% 2.86% 0.00% 20.74% 2.59% 0.00% 21.01% 2.62% 0.00% 20.49% 2.55% 0.00% 20.59% 2.57% 0.00% 19.94% 2.49% 5.02% 24.91% 1.91% 3.85% 25.26% 1.93% 3.90% 28.57% 2.19% 4.41% 26.17% 2.37% 4.77% 26.26% 2.38% 4.79% 24.69% 2.46% 0.00% 28.04% 2.54% 0.00% 27.59% 2.12% 0.00% 26.60% 2.21 % 0.00% 32.82% 4.68% 0.00% 30.05% 4.73% 0.00% 31.17% 4.80% 0.00% 36.37% 4.28% 0.00% 36.07% 4.25% 0.00% 41.34% 2.43% 0.00% 39.24% 0.00% 0.00% 31.02% 0.00% 0.00% 29.61% 0.00% 0.00% 28.06% 0.00% 0.00% 16.79% 0.00% 0.00% 11.72% 0.00% 0.00% 11.72% 0.00% 0.00% 9.66% 0.00% 0.00% 9.20% 0.00% 0.00% 12.36% 2.06% 0.00% 13.06% 6.55% 4.36% 15.60% 10.42% 5.20% 13.54% 10.85% 5.40% TOTAL % OF PORTFOLIO IN FEDERAL AGENCIES 0.00% 3.33% 9.35% 17.08% 21.51% 25.78% 23.33% 23.63% 23.04% 23.16% 27.45% 30.67% 31.09% 35.17% 33.31% 33.43% 27.15% 30.58% 29.71% 28.81% 37.50% 34.78% 35.97% 40.65% 40.32% 43.77% 39.24% 31.02% 29.61% 28.06% 16.79% 11.72% 11.72% 9.66% 9.20% 14.42% 23.97% 31.22% 29.79% 0.00% 21.86% 2.64% 1.07% 25.56% Agenda Item NO.5 Page 12 of 12 CITY OF .~ LAIZE ,6,LSiNO RJ; ~~ DREAM E.xTREME~ REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROBERT A. BRADY CITY MANAGER FROM: DATE: OCTOBER 28, 2008 SUBJECT: RISK ASSESSMENT AND RESPONSE PLAN FOR INVASIVE MUSSEL(S) Backaround Two species of non-native (invasive) mussels have been inadvertently transported to many freshwater rivers, streams, reservoirs and lakes in the State of California. The invasive mussels pose a significant threat to the natural ecology of the State's waterbodies and will substantially increase the cost to maintain potable water infrastructure and recreational facilities. Discussion The invasive mussel species pose a general threat to all freshwater systems in the State of California; however, the site specific risks to Lake Elsinore and appropriate local mitigation measures are undetermined. The Technical Advisory Committee (TAC) for the Lake Elsinore/San Jacinto Watersheds Authority (LESJWA) is recommending the LESJWA Board and member agencies equally share the cost to fund a "Risk Assessment and Response Plan". This study would be performed by Dr. Anderson, University of Riverside. Attached is a DRAFT Scope of Services to perform the Risk Assessment and Response Plan for both Lake Elsinore and Canyon Lake. LESJWA will act as the lead agency in contracting for the professional services. Concurrent to the LESJWA TAC recommendation, Assembly Bill No. 2065 was moving through the legislative process. The Governor recently signed into law AB2065, which adds Section 2302 to the Fish and Game Code. Under this new State law, the local owners and managers of a reservoir are required to assess the vulnerability of the reservoir for the introduction of non-native mussel species and develop and implement a program designed to prevent the introduction of that species. Elsinore Valley Municipal Water District (EVMWD) has already agreed to share in the funding for the proposed Risk Assessment and Response Plan. Agenda Item NO.6 Page 1 of 19 Risk Assessment and Response Plan for Invasive Mussels October 28, 2008 Page 2 Fiscal Impact The total estimated cost to perform the Scope of Services for the Risk Assessment and Response Plan is $26,000. The suggested cost share is listed below. LESJWA EVMWD City of Lake Elsinore Riverside County Canvon Lake PONCitv Total = $ 6,000 $ 5,000 $ 5,000 $ 5,000 $ 5.000 $26,000 Approval of this item will result in the sum of $5,000.00 being expensed from the City's Unallocated General Fund Revenues. Recommendation Staff recommends approval. i: " I, I Prepared by: Pat Kilroy Director of Lake and Aquatic Resources Robert A. Brady () tiL City Manager q(\!V Approved by: Agenda Item NO.6 Page 2 of 19 SCOPE OF SERVICES Risk Assessment and Response Plan For: Zebra mussels (Dreissena polymorpha) and Quagga mussels (Dreissena bugensis) In Lake Elsinore and Canyon Lake Backqround Two species of invasive mussels from the genus Dreis:>,Ei~qtare known to cause nuisance conditions and have been inadvertently tral)"slq:~aied to many southern California reservoirs and lakes. This scope of sel)lj8."~g11~iconcerned with two members ,,"'-;;'!';;:',':? .*,.-)', of the genus, the zebra mussel (Dreissena poly,/11o[pha) 1~1/1R,the quagga mussel (Dreissena rostriformis bugensis). Although !ll~r.~I.are differl3Q'SEis in the biology of these two species, they share many similar life ~i~~g.r;y.fraits and caus~"lilmilar adverse impacts. Both species have European o~i~i,m!l"i:.nd were introduceQli!9 the United States in the 1980's as the result of ballast water,pjscharge. Both zebra an'd"q!Jagga mussels attach to a broad range of surfaces, includirlg'fpilings, pipes, rock, cernertt, steel, rope, IvT" .-"'j"';1'j> "'1i't,H" crayfish, other bivalves, aquatic"p,'51Q,ts, and eacb"8tD~r,:i~f,prming dense cbIQ\ilies. Zebra and quagga mussels appear to h4x~i:g,iy,~rgent SP~!i'~i!I,distributions; zebras'lDeing primarily warm, eutrophic, shallowiwater!jnhabitants~jand quaggas being shallow, warm T'-','" "";i~/';~"', 'j' "'''':-... water to deep, oligotrophic, cold-watefr'inhabitants (Macisaac 1994). l!;;:':jj,;n)11)::ji;:,\jj~>. ':;;1:1!t~i,\_,"~~~il~':m;;;":'J>_,_";1;Hl::-:Ei;L_:: Lake Elsinore and);;a~yonl:ak~',are tw6'I\\iater.bo,di~sitl}at afefjJ:l close proximity to one ..-,,--'" ""'::"<, ,-",r', 'T,~i- ~~','1;r.;.- -'-""'1 a'""", -'r..,.-~\!o another and sharE1ttlel"same mlt~f~1 water4~ypplyl;'but"ar~ic:Jj~similar in morphology, artificial water suppli~s, water ch~g,istry, ecqlQ,g'y and pulDliqiaccess. The dissimilarities between thEis.Ei lakes'may pose,(jjft~\-ent risksii9tcolonization by the two species of invasive,mussels""The"'pLi~pose;'6f;ihis!'scope 6fbiervices is to perform a site specific risk ';;",j' ""(I:",:l1";'<i ''',,\;1-, ";;ii.;."!F,tllJ~/"~;)'f,Ji!;'I!p ','')>, ','" ,,:-,"1 asseSliMEiQtto deterMine vu!n'erabilityofcPi.jk~,Elsir)ore and Canyon Lake to colonization from'lhJasive musseisiiia.s welIlas to recom:Sm~ria"ai;prevention and control response PI~n. '41~'~'::1};i::;i' "'li':i~~).~~:!:~"fii;I'i~S~;f[i' ."~ Slte-Speclflc,Unknowns """'"i',""', '~,'" \/"j:-;'; <,'I"? '" '\':!~~'~~\t .~:t 1. Are the Zebra "&:Gluagga m~s~els currently present in the lakes? ":;';;/)1,., '(:;',1':";) 2. Can the Zebra O(GlYCiggCi,mussels survive in the lakes? 3. What site-specific nJi~J31\~~~~~nditions could invasive mussels pose for the lakes? '(:~' 1':2':"," 4, What are the methods dHranslocation of the mussels? 5. What is being done by Federal & State Agencies to prevent translocation? 6. What is the range of options to prevent introduction or colonization? 7, Have boat inspection programs been proven effective to prevent introduction? 8, What control and eradication methods are available if the mussels become established in the lakes? Agenda Item No.6 Page 3 of 19 TASK 1. 1.1 MONITORING Lake Survey: (a) Develop written Lake Survey methodology for initial and ongoing presence/absence monitoring for invasive mussels at both lakes. (b) Conduct monthly Lake Survey for three (3) months. (i) Perform systematic inspectiofJ.'qf submerged surfaces for mussels per Lake Survey "*fiOIOgy. (c) Instruct lake employees ho (d) Conduct monthly plan for veligers from inv e C!Olg0ization of the lakes tes of colonization and 1'- ,",'''', '+ "'iF" 1.2 Standardize and Monitor Art I Substrate: '<i'AWL;; <;.')1;;') (a) Develop fl~tandardized~rn.etho colonizatioh~ifmussels ai" ';;~i:lii;~,,;jn~~j1fL:!>, '. , .','. ' (b) Measure gro~~ &~u~i~al rat or individual mussels, if , els are detected,c1l", "" '-' 'di~\}~>" ',J;;ilil .Deve o:j:lrojectioris. for. . '\:"T:" <1::'1);-0'1;;:.\:111;;'" over lime. based upo" easure .... ", ,:,~~~~ival~:,{.;~:. ., TASK 2..w,:;;Bi0l:0GICAI:..ASSESSMENT ;:U;!W,:~:J:~:~~"" . """&r:w\'j'hi::" ,'" ''ii;;;m~!:Al;;j>c' "'tW;Vi~;'4,~S,~;,!:,:,;" ,';:;!!;;:\1 2. r,~~' summariie Scie~tific LiteraturE;.foflnvasive Mussels: "i2,;J~:t';;:i,i!j;i1li?:::, '?,<j:i[)B:nf,., '<in;;;' . '::'), LifecYcle &Blo[ogical Parameters. ~;rr,;jjti;:" ";<i~tt(4;\ Habitat:~~d forag~. /"'iF .~mistry Parameters: ,:l'ssolved Oxygen, Ammonia, pH, Salinity (TDS), Temperature (ii) Document known synergistic affects of water quality parameters on mussel survival. 2.2 Summarize Relevant Site Specific Habitat, Forage & Water Chemistry required for survival of mussels: (a) Lake Elsinore (b) Canyon Lake Agenda Item NO.6 Page 4 of 19 2.3 Compare Site Specific Lake Parameters to Invasive Mussel Survival Requirements: TASK 3. 3.1 3.2 3.3 TASK 4. 4.1 TASK 5. 5.1 5.2 5.3 5.4 TASK 6. (a) Lake Elsinore (b) Canyon Lake POTENTIAL DISTRIBUTION OF MUSSELS IN LAKES Perform cursory evaluation of suitable subs. "9.\es for colonization by mussels in Lake Elsinore and Canyon La :~ Based upon survival requirements of~r ~l1t~.mussels, provide a professional opinion on likely spa!i.al'1:listributi"" of invasive mussels in Lake Elsinore and Canyon Lak ,";'1...., Describe potential site specl lakes by invasive mussels. . egative impacts fro . '1R9.lonization of the ii" 'iiim1ln;j0 METHODS OF INTRODUCTION;&~DI 1:1~J:R;:i;:FF\i". , Research and descri ;"" into southern Californi ,,/ S '\'*0\' f the lakes from each known prevention measures by Federal and State "'<hi' Research"il" lake operato ribe range of prevention measures utilized by local uch as water districts. Research and describe effectiveness of prevention measures. Recommend site specific prevention measures for Lake Elsinore and Canyon Lake. ERADICATION & CONTROL METHODS Agenda Item NO.6 Page 5 of 19 6.1 Research and describe range of known eradication and control methods for invasive muss.els. 6.2 Recommend potential site specific eradication and control measures for Lake Elsinore and Canyon Lake. TASK 7. 7.1 MEETINGS BUDGET This scope of services includes an allowance for a total of three (3) meetings (9 hours) related to the project. .T:!;f~"anticipated meetings include two LESJWA TAC meetings and.on'i;l;EESJWA Board meeting. .1. "~"/;',, it; ,,,,t:' SCHEDULE ,:'l.>~f! . ~'ii::~P\::(!;' This assessment is expected to take 6 mont!is;tb'complete. it REPORTING ';:......';,. '0"~'~~L~\1. and commencement of A draft final report will be the project. 1 : Monitoring '{;\!:'", "i/'!:;,)" Hours Cost< 40 $ 5,000 40 $ 5,000 32 $ 4,000 24 $ 3,000 32 $ 4,000 24 $ 3,000 16 $ 2,000 208 $ 26,000 2. Biological Assessment~;'~:c "'.:,~'i\. '::1,,- 'iI. "-,:,;;,, \f"!,,'i';. 3, Potential Disfribution of Mussels in L.:akes 'P-'t~;)~, ;~mj~:;:~ 4. Methods of Intro~uction .&:lI})ispersal "!;!ij;1:'it;1P,jJl,~~~1:'B\'l 5. Prevention 6. Eradication & Control 7. Meetings (including preparation time) Total <All time billed at $125/hr. Agenda Item No.6 Page 6 of 19 Elsinore Valle, Municipal Water District Our Mission EVMWD will provide reliable. cost-effective. high quality water and wastewater services that are dedicated to the people we serve. General Manager Ronald E. Young Dlslrlct Secte/ary Teresa Quintanar Legal Counsel BasI BasI & Krieger Board of Dlrectol8 Harvey R. Ryan. President Phil Williams, Vice President Judy Guglielmana, Treasurer John Uoyd. Director W. Ben Wicke, Director September 17, 2008 I' Mark Norton Lake Elsinore & San Jacinto Watersheds Authority 11615 Sterling Avenue Riverside, Ca 92503 SUBJECf: Quagga and Zebra Mussel Risk Assessment Dear Mr. Norton: Elsinore Valley Municipal Water District shares the concern with LESJWA of the threat of Quagga and Zebra Mussels to Lake Elsinore and Canyon Lake. Accordingly, we will participate in the funding split of Dr. Anderson's risk assessment study as outlined in your letter dated August 25, 2008. I' I, " Please forward payment details when available. Regards, I ~ ,. . Young P. anager " , I I, CC: LESJW A Board of Directors Phil Williams, EVMWD Bob Buster, County of Riverside Robert Schiffner, City of Lake Elsinore Tom Evans, SA WPA Carl Armbrust, City of Canyon Lake EVMWD Board of Directors Lori Moss, City of Canyon Lake Clint Warrell, Canyon Lake POA Pat Kilroy, City of Lake Elsinore I, )1 " I' I I 151,674.3146 "ex 951 .674.9872 Nww.evmwd.com Agenaalltem+tC$~1 Laka~~;'r~~ State and federal agencies have initiated a unified response to the quagga mussel invasion in California. The involved agencies include the Departments of Fish and Game (DFG), Water Resources, Food and Agriculture, Boating and Waterways, Parks and Recreation; U.S. Fish and Wildlife, National Park Service, and Bureau of Reclamation; Metropolitan Water District and the City of San Diego Water Department; and multiple local authorities. History of quagga/zebra mussels in North America Arrived from Europe in the 1980s Spread to many eastern waterways, rivers and lakes Quagga found in Lake Mead in Nevado on Jan. 6, 2007, and later throughout Lake Mead's lower basin Quagga found in Lakes Mojave and Havasu in the Colorado River Jan. 17,2007 Quagga found summer 2007 in the Colorado River Aqueduct System Quagga recently found in San Diego County in San Vicente Reservoir, Lake Murray Reservoir, Lower Otay Reservoir, Lake Dixon, and Miramar Reservoir and in Riverside County in Lake Skinner and Lake Mathews. Zebra mussels found in San Justo Reservoir, San Benito County, Jan. 2008 Economic impact U.S. Congressional researchers estimated that an infestation of the zebra mussel in the Great Lakes area cost the power industry $3.1 billion in the 1993-1999 period, with an economic impact on industries, businesses, and communities of more than $5 billion. In California, spread of the mussels threatens water delivery systems, hydroelectric facilities, agriculture, recreational boating and fishing, and the environment in general. Quagga: Typically the same size as a fingernail but can grow up to about 2 inches long Common color patterns vary wildly with black, cream, or white bands Habitat varies - they can colonize both hard and soft surfaces in freshwater, from the surface to more than 400 feet in depth. Arrived in the U.S. from the Ukraine in 1989 Zebra: . Typically the same size as a fingernail but can grow up to about 2 inches long . Commonly have alternating dark and light stripes Inhabit fresh water at depths from 4 to 180 feet (most commonly 6-12 feet) and prefer hard surfaces Arrived in the U.S. in 1988 from Europe Both mussels: Produce young (larva) that are too small to see with the naked eye, but newly settled young feel like sandpaper on smooth surfaces May release over 40,000 eggs in a reproductive cycle and up to 1 million in a spawning season Attach to aquatic plants, boats, motors, trailers, and recreation equipment or can be present in water (in addition to substrates, docks, piers, anchors, etc) As they grow, can be seen on boat hulls, especially around trim tabs, transducers, along keels, and on lower units and propellers . Can be found in bilges, live wells and motors Can survive three to five days out of water depending upon temperature and humidity in summer, longer in the winter - up to 30 days Border Protection Stations - Jan. 29, 2007 through September 30, 2008 Boats checked: 175,461 Boats with water needing drainage: 16,768 Boats with confirmed adult finds: 260 By contaminating recreational watercraft and commercial haulers from infested waters: . Many Southern California freshwaters . Most waters east of the Continental Divide . Waters along the Colorado River drainage . Lake Mead, NV/AZ and waters it feeds . All of the Great Lakes and their tributaries Anchor Dock Lines Live Wells ! re '\ Vehicle Rollers Hull /' Axle I' 1 I ' I , I , , , CHECK Y0UR BOAT1 TRAILER AND V'ElTiCLE:.,; Ii I I '. . ~ Page 1 of 1 QUAGGA AND ZEBRA MUSSEL SIGHTINGS DISTRIBUTION IN CALIFORNIA lOCATIONS Lake Havasu - San Bernardino Co.- Jan 2007 Colorado River at Parker Dam - San Bemardino Co. - Jan 2007 Copper Basn Reservoir - San Bemardino Co. - Mar 2007 Colorado River Aqueduct at Hayfield - Rivers;de Co. - July2007 Lake Matthe"" -Rivers;de Co. - JlJJg 2007 Lake Skinner - Rivers;de Co. - JlJJg 2007 Dixon Reservoir - San Diego Co. -..o..ug 2007 Lo"",r Otay Reservoir - San Diego Co. - JlJJg 2007 9. San Vicente Reservoir - San Diego Co. - JlJJg 2007 10. Murray Reservoir - San Diego Co. - Sept 2007 11. Lake Miramar - Son Diego Co. - Dee 2007 12. S'I\OetV\aler Reservoir - San Diego Co. - Dee 2007 13. San Justo Loke -San Bentto Co. -Jon 2008 14. E I Capttan Reservoir - San Diego Co. - Jan 2008 15. Imperial Dam -Imperial Co. - Feb 2008 16. Lake Jennings - San Diego Co. - ilpril2008 17. Olivenhain Reservoir - San Diego Co. - Mar 2008 18. I r.ine Lake - Orange Co. - April 2008 19. Rattlesnake Reservoir- Orange Co. -May 2003 Agenda Item No.6 Page 10 of 19 http://nas.er.usgs.gOY /taxgroup/moll usks/zebramussel/maps/CaIifomiaDreissenaMap.jpg ~-l 0/20/2008 Assembly Bill No. 2065 t/ CHAPTER 667 An act to add Section 2302 to the Fish and Game Code, relating to invasive aquatic species. [Approved by Governor September 30,2008. Filed with V Secretary of State September 30, 2008.] LEGISLATIVE COUNSEL'S DIGEST AB 2065, Hancock. Invasive aquatic species: dreissenid mussels. Existing law, until January I, 2012, generally prohibits a person from possessing, importing, shipping, or transporting in the state, or from placing, planting, or causing to be placed or planted in any water within the state, dreissenid mussels, and authorizes the Director ofFish and Game or his or her designee to engage in various enforcement activities. Existing law exempts a public or private agency that operates a water supply system from those enforcement activities, if the operator of the facilities has prepared and implemented a prescribed plan to control or eradicate dreissenid mussels. This bill would require any person, or federal, state, or local agencv. district, or authority, that owns or man311es a reservoir} as defined, where certain recreational activities are permitted, except a privately owned reservoir that is not open to the public, to assess the vulnerabili of t e reservoir . uction of nonnative reIS em mussel s . and to evelop and implement a program designed to prevent the introduction of that species. The bill would require visual monitoring at certain reservoirs where those activities are not permitted. The bill would make violations of its provisions subject to a civil penalty of $1,000 per violation, imposed administratively by the department. These provisions would not apply to a reservoir in which nonnative dreissenid mussels have been detected. The people o/the State o/California do enact as/ollows: SECTION I. The Legislature finds and declares all of the following: (a) The introduction and spread of nonnative dreissenid mussel species threaten the California water system and the ecological health of California waterways. (b) Nonnative dreissenid mussel species are fast-growing mollusks that can rapidly grow into dense barnacle-like clusters and completely cover and clog critical water supply infrastructure. (c) Nonnative dreissenid mussel species have been shown to disrupt the ecological balance in watersheds, lakes, and reservoirs by devouring massive amounts of food and nutrients and starving native species. 91 r Agenda Item NO.6 Page 11_of 19 Ch. 667 -2- (d) Nonnative dreissenid mussel species reproduce quickly. A single mussel may release over 40,000 eggs in a reproductive cycle and up to 1,000,000 eggs in a spawning season. (e) Nonnative dreissenid mussel species spread easily. The microscopic larval stage ofthe mussels can be suspended in water and move downstream to other water bodies or can be carried in plants, boats, motors, trailers, and recreational equipment. (I) Zebra and quagga mussels, both of which are normative dreissenid mussel species. have recently been discovered in California. Since early 2007, nonnative quagga mussels have been found in the Colorado River and the Colorado River Aqueduct, and at least 10 reservoirs in Nevada, Arizona, and southern California. In January 2008, normative zebra mussels were first discovered in northern California and in the San Justo Reservoir in San Benito County. (g) Wherever normative dreissenid mussels have invaded, water system costs have risen dramatically to provide for cleaning offacilities, additional treatment, and construction of additional water supply intakes. The Department of Water Resources estimates the cost to control mussels in the State Water Project to be forty million dollars ($40,000,000) annually. (h) Working to prevent the spread of dreissenid mussels in California is a serious problem and requires the combined effort of federal, state, and local entities. (i) The state is implementing an early detection monitoring program that involves the monitoring of high-priority water bodies throughout the state, including California waters, rivers, and the Sacramento-San Joaquin Delta, for the presence of dreissenid mussels. Ul The combined effort of federal, state, and local entities is needed to address this serious threat at reservoirs throughout the state. E . . Section 2302 is added to the Fish an e ode to read: 2302. a ny person, or federal, state, or local agency, district, or authority that owns or manages a reservoir, as defined in Section 6004.5 of the Water Code, where recreational, boating, or fishing activities are permitted, except a privately owned reservoir that is not open to the public, ~o both of the following: 1 Assess the vulnerability of the reservoir for the introduction of nonnative dreissenid mussel species. t12\\ Develop and implement a program designed to prevent the i~uction of nonnative dreissenid mussel species. (b) The program shall include, at a minimum, all of the following: / [ (1) Public education. V (2) Monitoring. (3) Management of those recreational, boating, or fishing activities that are permitted. (c) Any person, or federal, state, or local agency, district, or authority, that owns or manages a reservoir, as defined in Section 6004.5 of the Water Code, where recreation, boating, or fishing activities of any kind are not permitted, except a privately owned reservoir that is not open to the public, 91 ;1/ Agenda Item NO.6 Page 1!-of 19 -3- Ch. 667 shall, based on its available resources and staffing, include visual monitoring for the presence of mussels as part of its routine field activities. (d) Any entity that owns or manages a reservoir. as defined in Section 6004.5 of the Water Code, except a privately owned reservoir that is not open to the public for recreational, boating, or fishing activities, may refuse the planting offish in that reservoir by the department unless the department can demonstrate that the fish are not known to be infected with nonnative dreissenid mussels. (e) Except as specifically set forth in this section, this section applies both to reservoirs that are owned or managed by governmental entities and reservoirs that are owned or managed by private persons or entities. (1) Violation of this section is not subject to the sanctions set forth in Section 12000. In lieu of any other penalty provided by law, a person who violates this section shall, instead, be subject to a civil penalty, in an amount not to exceed one thousand dollars ($1,000) per violation, that is imposed administratively by the department. To the extent that sufficient funds and personnel are available to do so, the department may adopt regulations establishing procedures to implement this subdivision and enforce this section. (g) This section shall not apply to a reservoir in which nonnative dreissenid mussels have been detected. o 91 Agenda Item NO.6 Page 13 of 19 Assembly Bill No. 1683 CHAPTER 419 An act to amend Section 103 of, to amend the heading of Chapter 3.5 (commencing with Section 2300) of Division 3 of, and to add and repeal Section 230 I of, the Fish and Game Code, relating to fish and game, and declaring the urgency thereof, to take effect immediately. [Approved by Governor October 10,2007. Filed with Secretary of State October to, 2007.] LEGISLATIVE COUNSEL'S DIGEST AB 1683, Wolk. Fish and game: dreissenid mussels. (I) Existing law provides for the compensation of members of the Fish and Game Commission, including their actual and necessary expenses. Existing law requires the commission, on or before July I, 2000, to submit certain recommendations to the Legislature relating to the commission. This bill would delete that obsolete recommendation requirement. (2) Existing law generally prohibits the sale, possession, importation, transportation, transfer, live release, or giving away without consideration, of the saltwater algae of the Caulerpa species, and subjects any person who violates that prohibition to a civil penalty of not less than $500 and not more than $10,000 for each violation. This bill, except as otherwise authorized by the Department of Fish and Game, would prohibit a person from possessing, importing, shipping, or transporting in the state, or from placing, planting, or causing to be placed or planted in any water within the state, dreissenid mussels. The bill would authorize the Director ofFish and Game or his or her designee to conduct inspections of specified conveyances that may carry or contain adult or larval dreissenid mussels; order that areas in a conveyance that contain water be drained, dried, or decontaminated pursuant to procedures approved by the department; impound or quarantine conveyances for up to 5 days or the period of time necessary to ensure that the dreissenid mussels can no longer live on or in the conveyance; and conduct inspections of waters of the state and facilities located within waters of the state, that may contain dreissenid mussels and, if those mussels are detected or may be present, order the closure of the waters or facilities to conveyances or otherwise restrict access to the waters or facilities, with the concurrence of the Secretary of the Resources Agency. The bill would require the director or his or her designee to take specified action with respect to conveyances removed from, or introduced to, those waters and facilities. The director could authorize other state agencies to exercise this authority upon a prescribed written determination by the director. The bill would exempt a public or private agency that operates a water supply system from those enforcement activities, 9t Agenda Item No.6 Page 'JL:{ of 19 Ch.419 -2- if the operator of the facilities has prepared and implemented a prescribed plan to control or eradicate dreissenid mussels. The bill would require that the discovery of dressenid mussels be immediately reported to the department. A person who violates or resists, delays, obstructs, or interferes with the implementation of these provisions would be subject to a penalty, in an amount not to exceed $1,000, that is imposed administratively by the department. The department would be authorized to adopt regulations to carry out these provisions. Because, under existing law, a violation ofthese provisions would be a crime, the bill would impose a state-mandated local program. These provisions would be repealed on January 1,2012. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (4) This bill would declare that it is to take effect immediately as an urgency statute. The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Mussels of the genus Dreissena (dreissenid mussels) are a harmful, highly invasive species, and not native to California. (b) Dreissenid mussels, which include both zebra and quagga mussels, were first discovered in the United States in the Great Lakes in or around 1988. This infestation has caused billions of dollars in costs to public agencies and private industry. Dreissenid mussels have been detected in Lake Mead on the Arizona-Nevada border and in Lake Havasu in California. (c) Dreissenid mussels can readily move from place to place as free-swimming larvae and adults, and reproduce rapidly and in large numbers. Dreissenid mussels can severely hinder the delivery of water due to the mussels' capacity to clog or foul pipes, pumps, and other water intake structures, water delivery systems, powerplant intakes, cooling systems, and fish screens. Dreissenid mussels damage the hulls, propellers, and motors of boats and other watercraft. (d) Dreissenid mussels alter the natural food web of aquatic ecosystems. By filtering planktonic algae and other nutrients that are the primary base of the food chain from the water, dreissenid mussels can cause the decline or extirpation of native species, and otherwise disrupt the ecological balance of infested water bodies. (e) Dreissenid mussels' sharp-edged shells along swimming beaches can be a hazard to unprotected feet. (f) In order to protect and preserve the health and safety of the people of the State of California, its economy, and its fish and wildlife resources, it is the intent of the Legislature to establish an effective program to prevent additional dreissenid mussels from entering the state, to prevent dreissenid 91 Agenda Item No.6 Page !?of 19 -3- Ch.419 mussels from being introduced into any water in California where they currently do not exist, and to detect and destroy dreissenid mussels anywhere in the state. For this purpose, there has been developed a Quagga Mussel Incident Strategic Plan. SEC. 2. Section 103 ofthe Fish and Game Code is amended to read: 103. (a) Each of the commissioners shall receive one hundred dollars ($100) for each day of actual service performed in carrying out his or her official duties pursuant to law, but the amount of this compensation shall not exceed for anyone commissioner the sum offive hundred dollars ($500) for anyone calendar month. In addition to this compensation, the commissioners shall receive their actual and necessary expenses incurred in the performance of their duties. (b) The compensation and expenses provided in this section shall be paid out of the Fish and Game Preservation Fund. SEC. 3. The heading of Chapter 3.5 (commencing with Section 2300) of Division 3 of the Fish and Game Code is amended to read: CHAPTER 3.5. AQUATIC INVASIVE SPECIES SEC. 4. Section 2301 is added to the Fish and Game Code, to read: 2301. (a) (I) Except as authorized by the department, a person shall not possess, import, ship, or transport in the state, or place, plant, or cause to be placed or planted in any water within the state, dreissenid mussels. (2) The director or his or her designee may do all of the following: (A) Conduct inspections of conveyances, which include vehicles, boats and other watercraft, containers, and trailers, that may carry or contain adult or larval dreissenid mussels. Included as part of this authority to conduct inspections is the authority to temporarily stop conveyances that may carry or contain adult or larval dreissenid mussels on any roadway or waterway in order to conduct inspections. (B) Order that areas in a conveyance that contain water be drained, dried, or decontaminated pursuant to procedures approved by the department. (C) Impound or quarantine conveyances in locations designated by the department for up to five days or the period oftirne necessary to ensure that dreissenid mussels can no longer live on or in the conveyance. (D) (i) Conduct inspections of waters of the state and facilities located within waters of the state that may contain dreissenid mussels. If dreissenid mussels are detected or may be present, the director or his or her designee may order the affected waters or facilities closed to conveyances or otherwise restrict access to the affected waters or facilities, and shall order that conveyances removed from, or introduced to, the affected waters or facilities be inspected, quarantined, or disinfected in a manner and for a duration necessary to detect and prevent the spread-of dreissenid mussels within the state. (ii) For the purpose of implementing clause (i), the director or his or her designee shall order the closure or quarantine of, or restrict access to, these 91 Agenda Item No.6 Page 1~of 19 Ch.419 -4- waters, areas, or facilities in a manner and duration necessary to detect and prevent the spread of dreissenid mussels within the state. No closure. quarantine, or restriction shall be authorized by the director or his or her designee without the concurrence of the Secretary of the Resources Agency. If a closure lasts longer than seven days, the department shall update the operator of the affected facility every 10 days on efforts to address the dreissenid infestation. The department shall provide these updates in writing and also post these updates on the department's Internet Web site in an easily accessible manner. (iii) The department shall develop procedures to ensure proper notification of affected local and federal agencies, and, as appropriate, the Department of Boating and Waterways, the Department of Water Resources, the Department of Parks and Recreation, and the State Lands Commission in the event of a decision to close, quarantine, or restrict a facility pursuant to this paragraph. These procedures shall include the reasons for the closure, quarantine, or restriction, and methods for providing updated information to those affected. These procedures shall also include protocols for the posting of the notifications on the department's Internet Web site required by clause (ii). (iv) When deciding the scope, duration, level, and type of restrictions, and specific location of a closure or quarantine, the director shall consult with the agency, entity, owner, or operator with jurisdiction, control, or management responsibility over the marina, boat launch facility, or other facility, in order to focus the closure or quarantine to specific areas and facilities so as to avoid or minimize disruption of economic or recreational activity in the vicinity. (b) (I) Upon a determination by the director that it would further the purposes of this section, other state agencies, including, but not limited to, the Department of Parks and Recreation, the Department of Water Resources, the Department of Food and Agriculture, and the State Lands Commission, may exercise the authority granted to the department in subdivision (a). (2) A determination made pursuant to paragraph (I) shall be in writing and shall remain in effect until withdrawn, in writing, by the director. (c) (1) Except as provided in paragraph (2), Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the implementation of this section. (2) An action undertaken pursuant to subparagraph (B) of paragraph (2) of subdivision (a) involving the use of chemicals other than salt or hot water to decontaminate a conveyance or a facility is subject to Division 13 (commencing with Section 21000) of the Public Resources Code. (d) (I) A public or private agency that operates a water supply system shall cooperate with the department to implement measures to avoid infestation by dreissenid mussels and to control or eradicate any infestation that may occur in a water supply system. If dreissenid mussels are detected, the operator of the water supply system, in cooperation with the department, shall prepare and implement a plan to control or eradicate dreissenid mussels 91 Agenda Item No.6 Page 1Qof 19 -5- Ch.419 within the system. The approved plan shall contain the following minimum elements: (A) Methods for delineation of infestation, including both adult mussels and veligers. (B) Methods for control or eradication of adult mussels and decontamination of water containing larval mussels. (C) A systematic monitoring program to determine any changes in conditions. (0) The requirement that the operator of the water supply system cooperate with the department to update or revise control or eradication measures in the approved plan to address scientific advances in the methods of controlling or eradicating mussels and veligers. (2) Paragraph (2) of subdivision (a) does not apply to the operation of water delivery and storage facilities for the purposes of providing water supply if the operator of the facilities has prepared and implemented a plan to control or eradicate dreissenid mussels in accordance with paragraph (I). The department may require the operator of a facility to update its plan, and if the plan is not updated or revised as described in subparagraph (0) of paragraph (I), the department may engage in the actions described in paragraph (2) of subdivision (a). (e) Any entity that discovers dreissenid mussels within this state shall immediately report the discovery to the department. (f) (I) In addition to any other penalty provided by law, any person who violates this section, any verbal or written order or regulation adopted pursuant to this section, or who resists, delays, obstructs, or interferes with the implementation of this section, is subject to a penalty, in an amount not to exceed one thousand dollars ($1,000), that is imposed administratively by the department. (2) A penalty shall not be imposed pursuant to paragraph (I) unless the department has adopted regulations specifying the amount of the penalty and the procedure for imposing and appealing the penalty. (g) The department may adopt regulations to carry out this section. (h) This section shall remain in effect onlyuntilJanuary I, 2012, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1,2012, deletes or extends that date. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XJII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Govemment Code, or changes the definition ofa crime within the meaning of Section 6 of Article XJII B of the California Constitution. SEC. 6. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: 91 Agenda Item No.6 Page 1lf'of 19 Ch.419 -6- In order to minimize the adverse impacts caused by dreissenid mussels, including impacts on water service deliveries, watercraft. recreational swimmers, and aquatic ecosystems, as soon as possible, it is necessary that this act take effect immediately. o 91 Agenda Item No.6 Page 1fltof 19 CITY OF .~ LAKE 6LSiNO~ \ , '?'~.. DREAM EXTREME~ REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: OCTOBER 28, 2008 SUBJECT: AWARD CONTRACT FOR ROOF REPLACEMENT FOR PLANET YOUTH BUILDINGc Backqround The roof at the City's Planet Youth building has been identified for replacement. Over the years the City's maintenance staff and contractors have made the necessary repairs as needed, but at this time the roof has reached a condition that it needs to be replaced. Discussion The new replacement roof will be a four (4) ply roofing system, set over the roof deck, mopped in place with hot asphalt with gravel finish and possess a thirty (30) year composition shingle Class A Rating. The new roof will include a five (5) year warranty on labor and (30) thirty year warranty on materials. The removal and hauling away of the existing roof, as well as the inspection for dry rot and water damage are included in the price and scope of this project bid. The Planet Youth Building will remain open and functional, and should not be greatly inconvenienced during this renovation period. Based on the City's purchasing guidelines an informal bid process can be utilized for construction projects under $100,000.00. Staff contacted three local contractors to submit informal bids for the removal of the existing roof and the installation of the new roof on the Planet Youth Building. Three bids were received for the scope of work to be completed. Dan's Roofing was the lowest responsible bidder. Based on various criteria such as overall cost, quality of materials used, and warranty given, staff recommends the selection of Dan's Roofing for this project. Agenda Item No. 7 Page J of 5 Award Contract for Roof Replacement... October 28, 2008 Page 2 List of bidding contractors and bids Dan's Roofin Jarco Roofin Woolbri hI's Roofin , Inc. $15,621.00 $19,985.00 $26,089.34 At this time, it is unknown whether there will be any additional costs associated with the roof renovation of the Planet Youth Building. The extent of this work and cost cannot be identified until the existing roof is removed. Once the existing roof has been removed, it can be inspected for dry rot, water damage, and other such issues that may require further work and funding. Based on this unknown, a thirty-two percent contingency of five thousand dollars ($5,000) is being included in the purchase order. Fiscal Impact Funds have been budgeted in the Parks and Recreation fiscal budget for this project. Recommendation Authorize the City Manager to process a purchase order in the amount of $20,621.00 to Dan's Roofing for the removal of the existing and the installation of a new roof at the Planet Youth Building. Prepared by: Jess Culpeper Parks Supervisor Ray Gonzales ~ Director of Parks and Recreation Robert A. Brady{h,(\ City Manager )1d\Y Approved by: Approved by: Agenda Item No. 7 Page2.of 5 ()7/2712()01 19 19 FAX IilI001!()Ol COVERING SOUTHERN CALIFORNIA 19011 MERMACK ROAD' LAKE ELSTNORE CA,92532 (951) 471..()008 .FAX(9S1}471.o071 . 1-800-697-8119 0 Licen:s(i #491438 'ID"", lOINAMI CITY OF LAKE ELSINORE PLANET YOUTH C:ENTER IIITRIU..bblllll'OI'CLIINT Ullnt"1l1l"W0l'4llol GRAHAM AND LAGSTAFF CtTYorCl.lt.l'OT LAKE ELSINORE "'ONl1<\ll>fll&. OfC~1IM" BILL-453--94J.1 FAX-471.lZ51 i1TATlO~C~JV<T CA. Cl'n'O'lOI LAKE ELSINORE OWIIIR !lTAno~.o. CA. TVl'EOFBr,oo COMMERCIAL PROPOSAL AND CONTRACT WE AGREE TO FURNISH LABOR AND MATERIAl. FOR ROOFING THE BUILDING AT THE ABOVE ADDRESS AS J:OLLQWS: (CHECK. ALl rrEMSCAREFUJ.l.YI WE ONty f"UAN/SN /T6MS /.JST&D OflTHIS 8/DJ {CHECK AU mUSC.4REFULLY: WE ONLY FURNISH ITEMSUstOiON rms lIJ/)J F 0 30 A CO SONS TING (1). OVEAlL EXISTINOROOFINQ AND HAUL AWAY FROMCOM1>L ON ltOOPc>>JLY, (2). INSPECT ALL WOOD JIOR WATER DAMAGE ANOREPl.ACE WITH NEW AT S4S.00 PERSHSET. (3). SUPPLY AND llIISTALL NEW DRIP EDGE ATE PERIMATP.1l.0F ROOF NAlLSD IN PLAcE COLOR ANOLE_ (4). LOADM'D !)IISTALL ISLa ASTM MliRlCAN MADE FtlLTOVEP. ROOF DlOCK ~NAlLED IN P!.ACE (S), 1.011D .....,..'T)Tl<lSTAl..l.. 200R30 YEARSHlNOLESOVf:B lS LB FELTNAlLEDlN PLACE AS PIiRSPiCS, (7). LOAD AND !}IISTALl. RlOGE GLASS ON RJDOliAND HIP All.EAS NAlLED IN PLACE. (!), SUPPLY ANDINSTAtL NlOW SHiETMETALS WHERE REQUlRED.VALLEY-Roof TO WALl.--TIN SHlNOL.ES-SAODU StOCI(-DRlP 1illOE- PIPEfLASKlNOS..scr, (9). UPON CQMPLSTlONMASTIC AND PAINT ALL PIPES AND VEN'TS AND ReMOVE DSBlUS fROM COMPlEX AN'tl L!':AVE BROOM CLEAN. (10). DAN'S ROOFING IS NOT RESPONSIBLE fOR ANY DAMAOE TO DRJVEWA'r DUIUNG RE.ROOF1N"G OF BUlLDINQ (11). DAN'S ROOfING IS NOT RESPONSIBLE PORANY REMOVAL OR Rti'LACEMENT OF ANVWlIlI'IvIHNTQN ROOF DECK SOLAR. SWAM\> COOLERS.AlC lJNlTS-T.V ANTENNAS_feT. (12), DAN'S ROOflNO TO PULL PERMtiS PROM CITY IF llJiQUIRED FOR RE-ROOFfNG ON'- Y NO ASSOCIA nONS. (I )1. ANY OTHER. WOOO WOItK OTliE/l. nlAN PLYWOOD WILL lIE EXTRA ON CONTRACT. (14). OWNERlS RESPONSIBLE FOR ANY SMOKE DETECORS !UiQUlRED BY crrv!'OR FlNAlON RE-ROOFING. (IS), COl.oR OF MATERIALS -MANUFACTURE~MAlAAEl(Y COMPLEn RE.-ROOF 0)1' FLAT ROOF' AREAS. pt.Y GRA V'fr.l FlNI!'m (I), RJ;MOVAl ALL EXlSTTNO ROOFING ANO RAU..AW!\'"f FROM COMI'LEX ONE ONLY (Z). rNSPECT Al.L PLYWOOD FOR. WAUR DAMAOE Ah'D IU!:PLACE WITH NEW ATS4S.00 PER SHEET. (3). SUPPLY AND INSTALL 2 INCH C...."lT STIUP AT veRTICAL WALLS AND G~ VEL GAlIRD ATPERlMA TEll. OF ROOF DECK NAILF.D rN PLACE. (-<i). SUPPLY AND INSTALL 4 PLY ROOF SYSTeM OVER ROOf DECK MOl'PED IN PLACE WJiH ROT ASPAHlT WITH GRAVEL PTh.1SJ-i (S), ANYWOOOWORK OTHER TIMN I'LYWOOD WILLSE CHARGED AT A TIME ANO MATERlALS BASIS O'Nty, WARRAN'rV.'5 YEAR!<LAROR. PRICING-20 YEAR-S15,073 20 OR 30, 'YEARS ON MATE'RTALS 30;YEAR.~1S;621~OO \Mi ,"lIllEBV ~AO~OU TO FiJIU'<lSH LA~'" AND MATe~IAL8-Qot&'Lf:Tl! WITH rH~ A!lOVE SPl!CIFJOATlONII. ALL MATEl'llAlIS GtlA.AANTI':'ElI Tel bE: AS lI1'ECIFeD. AU. WOIl.K IS TO lie COMPLETED IN A WOll.I<MA~L(t<E' "'ANNElI:, ACCOROINCI TO STANo..oJlO PA.o.c11CQ, ~'f ""-iVl/o,'tlOtllI elO. 0b'I1I11O" F~,," MDvIi bl'EClFICArIO"B~V1NlJS"'rRAcosrsWlU..~~E'IITAACIl/lR1lEDVI!IlA"OAaCVETJoI.eESl'rw.Tl,ALL.Alill!;!l!M2"TS AilE CO,,"INtIENTUI'ON !;'~lKl!t;. ACCIDENTS Oil DELAYlI BEYOND OUR CONTROl..OWNSFI TO c,o,RFlY FIIlE, TORNAOO A"O OTMl!R NIlC!$SAIlY I"SUR/lJolCIi, CURING FlOOFII<<! OF IlUILOINCI. OUR 1l.~"lOYl!I!SAllE FUllYCOVERED ElT WOAKMANS COMPAN8A.TION INSURANCE. IN T'HE EVENT L.EGALACTlON IS ~OES6ARYTOOllTAlN "'A~E""" Ha"'EIN,~SONSI8l,EATTOFlNEY"SFUSIlHONEC~SARYCOUIITCOSTI9r-lllLJ.BEP""OTOT'HEI"J:lEVAl.1HC1PAlm'.DAII/'llROOFlNO'!lNOTR.ESI'ON81111.€ FOR I"STALLATlOI'I OF OR SlIPPl.YINCOF ~l! BOAAD, ~IPiFLAS,"lNQ UNLESS IN CDtrnU.CT. DAN'S fl:OOFrN(,;W1LlIU!MOVE' ALJ. OEBI'IIS FROM R~DeCK ON.Y. ANY ACDmON./lL RliMOVAl.OF Oij~ II;TIlE RESPONSlBIUT'fOF OWNER. DA"f1l ROOl"lNG IGIIIOT RUI'ONSIILIi FOR CRACKS IN STUCCO. DIl'lWAI.L, OR DEFl!CnONS IN ~OOF AIlI!AS. o.o,N'S ROOFINQ IS NOTFleSf'OIo!$1l!I1.Il FCRANT RSiI40\lA~OF DEeRIS IN "TtJC ""US FROM ROOF "1l:r.lOVA~SOll OARAClII "REM. DAN'S ROOFlNQ IS NOT RESPONSIB~ FOR ANY o.o..NA.CiE TO NO UNiTe, liKTLIGHTS. MTEl.ITE ANTENNAS, OUCTlt~. SWAMI' OOOl.l;R, SOVoR. CONllESATlON ~INEf, GLI'TTE.'lS Oil. ElECTRICJ\L Sl':IlVICE: ON ROOF DECI( Il.EFcmE Oil: AF~ COto'o"t.~1'1ON 01' ROOFtoIQ, CAN't; ROOFING IS NOT RE5f'QN91BLl' ~Of\ AI('( I'tlEI'AIJIl$ YO WA1l!/l! DAMAI3!INSID&. ANT UNIT ONlT R!PAIRTO R.OCIF l~ O~Y, DAN'S ROOFINO IS NOT REBPONSIBl! FOll COl.Ol\ ANY~RIATlON IN COLOR DFROOl"NCiMATER'ALeoeLlveREtlTOJOIlartl,OUIlING'IDDI''1I;;I.IOVAl.,IFANYEMPLoYEESTGPSTIlRUItOOl'$H!!TlNG"IlDDA~SOR"I'\W,U."DAN'S ROOFINO wn.~ R5PAIR l'H/l.r ARKA ONI.T AND PAI'IT A MAlllMU,," OF 2~ INCMES "ROUHD rHI DAIII,o,c.il! AIlEA ONLY. PAN.S RDOI'ING 1$ NOTIl\SPCNSIIUi FOR ANY OAMAGETD e"AVIlARIA$ Wl'!~ TJoIt:RIIS STl,iCCO"ACI""ND oR'P ID(j1 rws NOTIIlI;" "'STAl.L!D PIlICR TOI'tOOl'lNGOF JOB. .\NY ANI) AI.!. MATY.lUAI,S UWr AI'rltll nu; (:OMI'I,""I01lj O~' ImOFING r,~ 'rIon: PR,OP'EltTY OF D"N':'; ROOFING. IN(:. BID IIASED ON FRl::1> ^ctl>S,~"O HlIILDIN('; FOR UlRl>(T LDAI.lING ~'HOM 'l'lUI"" ND ';Tl'IlN AU, eOI'II;S'n) OIIR or''''('1! ~"OR"1l.0CF.~';JNC, A F111.J.V r.XF.c:lITF.O COPY WILL I VOR.\'OlIR FIL.ES AS SOON AS ALL THI::NECKSSARY l'APl:KWQIl:K BAS BlmN (,'OMPU'I'IUI lo-8_0~ APPROVED, DA.'1"!. _,I,,~C'.EP1'ED, DATE: PROPOSAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED WITHIN 30 DAYS. CAunON:ll.OOl'WlllaECOMPL.eTl!OA/llllE:f'TSYIJS lNFIRSr-el.A8scONDrrION, YOUAIlIi HERIiIV"'DTIFlEOT>iATW! CANr;OTSEM!S~ONSISU! FOft DAWo.Ol!'i DONS TO nl5 1\00"'lh QTIoI~ WOR~MEN 8UCH All eTUCCO. Wl~COW WAIIP'lERS, CAlV'Ii~TERS, PAli'f1'EIlI, F'l.UMU..... ITC" 8T ALlOWING NAIl.S, ~ICKS. STUCCO OR.....YOT'IiEIII og"18 TO IlEMIIINTtlERIi-ON. NOll ~U~TII\I(j FRO,," WNTll OROTHIII. PIPlt:S OF ANYol!b(;RIPTION PUTTMFlOUQH T'HI! ROOF A....El'l OIJA CO",PlErION 01' SAME. NOR MOM :sKYLIGHTS OR STOI'PEl).\JP OU1'l.ImI. A~" DnRlS TQ ~I Ct.t:A.1\I1!IJ 01'1' PI'I'{)J! TO ROOF INSTALlATION. A C_GEWILL.'" W.CEJt.WEAIU!CALJ.UlTOI~OATE,~DFlM)Tl1.'\T~IJ'L11IS O~ T'OO'IHg YRAO];S,~DAN "OOInONALOHAIIIClllWlI.l. IE MADE FOil Repo,IRING DAMllGU bONe ~'r' o,.,..~~. DUll ~UA!'IA1>lTEE 001<111\101' COvel Alluse ro 1111;. ROOt'. PAYMeNT OUI!: UPON PRESI!NTAnON OF IKVOICl!.. ALL PAYMENTS ClJE WITHIN 10 DAYS .AFTeR RECeIVING INVOICE. ANY ~Tli.R PAYMENTS ARE SUBJECT TO A FINANce CHARGe OF 1.~% P(;.1'l MONTH OR 1B% ANNU....LLy ON ENTlR.E BA.LANCe.. Agenda Item NO.7 Page 9. of 5 ------.~-~...~--- N:une: Job Addr_ Clty: StateZlp Woolbright's Roofing Ine 20931 SilktasseI cr WHdom.u CA 92595 (951) 609-1818 f=(951) 609-1819 CSLA - C-39 8534158 EstabltshEld1&88 Provosal & Acceptance Bid # Dolle: Se tetnber 23, 2008 C,uIODll'r. Gty Of Lake Elsinore Attn. "Bill Youth Center 400 W Grahm st Lake Elsinore CA '"""~ Qty; Stale ZIp;: JobPbollr. FAX: 951-471-1251 Ph01l.C1 951-453-9411 1M A,.rh./U /'.,L We hereby submit specifications and estimates for: Re-RoofJ ply ,.ol!;k roof. Roof prep )1> Remove existing one layer of rock roof. ~ Dry rot wood decldng replaced at $2.25 per square ft. Not included in bid price. )> Utiforeseen work required beyond scope of work listed above done at T&M prioe at $40.00 per halfhour.l'e.r owners approval. Roo! system )- One layer - (2&lb) Base sheet nailed over existing roof. );> Three layers - type IV ply sheets set in hot asphalt. > BroadCast #4 gravel into hot asl'bah Flasbing }> Replace vent pipe flashing. )> Install 3" gravel stop at perimeter edge, Warranty *> 5 Year workmanship warranty We Propose hereby to fumlsb material and Iabor-complete in accordance -with above specification:>, for the sum '$26;08934 'Pavments to be madp- a~ fnl1nws' $19,000,00 We! tear off and material delive!ed. Balanc.e upon completion. Acceptance: The above prices, specifications and conditions are satisfactory and hereby accepted, You are authorized to do the work as specified, Payment will be made as outlined above. Date of Acceptance: Signature: YouthCenterL!ikeElslnore . II rage Agenda Item No.7 Page <f of 5 113/138/2131381<1;113 '3432933 .-------.------- JAReD PAGE Ell JARCO ROOFING Lie. #800984 20221 PEAR CIRCLE PERRIS, CA 9.2570 (951) 9-43-3344 FAX. (951) 943-2933 Estimate Number: 02&41 CUSTOMER IcnYOF-LAKEiElSiNO~-- - -J- 951-453-9411, FAX471~1251 CONTACT. BILL HOU1 L___ _ I--~~ I li..;';;~n .PITCHED/FLAT ROOF'" Dale: October 08, 2008 JOBSITE ...~------ PLANET YOUTH CENTER 400 W. GRAHAM LAKE ELSINORE, CA To""" '-'''.''I.---"~-'.--E~imat~r---- _____=-=- I ---- RON -,. -----_._---_._"-~._,...__._.._-_._--_. I I I I REVISED (09/2412008) -.-------.---..-. -r- --!------ _~~~t] I RE-ROOF REMOVE EXISTING ROOF TO nECK INSPECT FOR ORYROT & REPLACE@$65.00 PER SHEET COX OR ose AS NEEDEO ,INSTAll NEW GRAVEL GUARD METAL NAil ONE LAYER MODIFIED BASE SHEET SOLlD HOT MOP THREE LAYERS GLASS PL Y-4 FLOOD COAT ASPHALT WIEMBEDDED ROCK (WHITE) CLEAN UP & HAUL AWAY ALL ROOFING DEBRIS RE-ROOF PERMIT BY OWNER i-THREr;~YEAR-WARRAN:rv;ON lABOR I I I THE UN$TASL.E 011.. MARKET IS CAUSING RQOfING MATERIAL PRICES TO CONTlNU.&Ll Y RISE WITH PRtCE FLUCTUATIONS WEEKLY. QUE TQ THIS, Wi CAN QNLY GUAAANTEE THIS QUOTE FOR THE MQNTH OF OCTOBER ONLY PRies INCREASE 11101101 19,98S.00 - -------rJ - $19,98$;00 ~~~=~iA..~~~o!':a~li=JF'l'o;,~'W~~"'5r:i'~~~ ',0,___.""_ ..,..,.....,..."...................'""....._"""""NOt~~'MtI......l>A'" Agenda Item No_ 7 Page 5 of 5 CITY OF ~~ LAIZ-E \6,LSiNO~ ?,;-.,.@' DREAM E;<TREME~ REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: OCTOBER 28, 2008 SUBJECT: SAFE CANDY NIGHT Backaround Safe Candy Night is scheduled for Friday, October 31, 2008 on Main St. in Historic Downtown. The event will begin at 4 p.m. and conclude at 7 p.m. with trick or treating, activities, games and a costume contest. This event is now in its ninth year and offers a safe place for children to celebrate the Halloween holiday. The Downtown Merchants Association (DMA) will stay open and pass out candy and goodies to eager youngsters in costume. This event typically draws 2,500 - 3,000 children. Planned activities include fifteen carnival game booths, a jump house, face painting and an interactive inflatable obstacle course all offered free. The DMA costume contest along with a variety of games and activities will be held at City Park. A DJ will compliment the contests with family friendly music and will announce the finalist of the Costume Contests. Discussion The Sheriff's Department, Public Works Department, and the Parks and Recreation Department will coordinate resources to ensure the Safe Candy Night is a memorable Halloween experience for everyone. In order to ensure the safety of the participants, staff is recommending the closure of Main Street from Library to Peck beginning at 3:00 p.m. and will reopen at 9:00 p.m. The DMA is responsible for all expenses associated with the Costume Contest and prizes. In-kind service from the City includes Public Works personnel to setup street closure signage; Parks and Recreation staff will supervise and coordinate the activity/amusement area and assist the DMA with the costume contest. In addition, the Sheriff's department will provide security for the event. Total cost of supplies and in-kind services is estimated at $3,500. p." !.:~:r,1 .;>" Agenda Item NO.8 Page 1 of 2 , I[ I I Safe Candy Night October 28, 2008 Page 2 Funds for this year's event have been included in the Parks and Recreation Budget. Recommendation Approve closure of Main Street from Library to Peck for the Safe Candy Night. Ray GOnzale~ Director of Parks and Recreation Prepared by: Approved by: Robert A. BradY(lJl City Manager J mJJ I II i' i I I, Agenda Item NO.8 Page 2 of 2 , II CITY OFv~ LAKE 6LSiNORr: \ I ~ DREAM E,XTREMEm REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBER OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: OCTOBER 28, 2008 SUBJECT: REQUEST FOR STREET CLOSURE AND FEE WAIVER FOR THE UNITY IN THE COMMUNITY PARADE. Backaround The City received a Special Events Application to conduct the 12th Annual Unity in the Community Parade. This year's parade theme is "Celebrating 120 Years of Lake Elsinore History" and is slated to occur on Saturday, November 22, 2008, from 10:00 a.m. to 12:00 p.m. This year's parade will have approximately 100 parade entrees which will include marching bands, scout organizations, elected officials, floats, vintage vehicles, and community youth groups. The parade's main purpose is to. celebrate the community coming together and fostering community pride. Discussion The applicants Ms. Jennie Corral and Ms. Kathy Aniol request City Council approve the closure of Main Street, Graham, Heald and other streets along the parade route. As with past parades, the applicant requests wavier of the $200 City Special Event permit fee and the $1,000 refundable deposit. Since the parade is co-sponsored by the city, staff supports the fee waiver request. The Sheriff's Department, the City Public Works Department, and Parks and Recreation personnel will set up and remove street closure signs and barricades, monitor traffic along the parade route, and provide assistance and cleanup as needed. Fiscal Impact Funds in the amount of $7,500 to pay for police and city services are included in this year's budget. Agenda Item NO.9 Page 1 of 7 Request for Street Closure and Fee Waiver for the Unity in the Community Parade October 28, 2008 Page 2 Recommendation Approve the fee waiver and closure of streets along the parade route for the 12th Annual Unity in the Community Parade. Prepared by: Ray Gonzales ~V Director of Parks and Recreation Approved by: Robert A. Brady~ M1~ City Manager I~ Agenda Item NO.9 Page 2 of 7 , ciTY Qf ~j L.AI<-E 6LSI:NO~ 9 tlMA'" E,XrMM~ PARKS AND RECREATION DEPARTMENT SPECIALEVENTS.APPLICATION & PERMIT PACKET . Date Submitted: 8,/;t;;fof3 J4IPf) Name of Event: t/l7 i I; J I'J lie & 111 J1:l fA H I t, ~ dJ.. Date(s) of Event: ~w.:7,,;l-~ To Time(s) of Event: ~ /1.r'] To / p7 frt-- Is this Event: ~ Open to the Public 0 Private Will you be charging the Public to attend/participate In your Event? ~ No 0 Yes Amount $ .. Type of Event: o Run I Walk ~arade)March o ConcertI Performance o Farmer's I Outdoor Market o Circus I Carnival o Festival I Celebration o Air Show I Car Show o Other . ~ ~.;~ vvA-o v/"A ~ ~h~ -!1' Yes 0 No Is this an annual Event? j / Ifso,.howmanyyears have you been holding this Event? ~ Agenda Item NO.9 Page 3 of 7 Name of Organization Sponsoring the Event: EyM P . ~Yes 0 No Is the organization a tax exempt, non-profit organization with an IRS 501 (c)? Name of Applicant: ~4~ An't~ Address: 2!}Oo '/ c-(:r~w~CPf"'. clty~.lfie.%h'1 dY:e. State c:4-. Zip Code ?,.,z. 5"':? (;) Phone 951b'7"-8~J3. Cell '751 ~01-(pogcJ Fax E-Mail kdYHirt.e.VvL)l.-(/.v/ '1~ Alternate Contact: ~/.Q~ ~... 0 Address: City State Zip Code Fax On Site Contact: Address: ~~ City State Zip Code Fax Phone Cell E-Mail Agenda Item NO.9 Page 4 of 7 '.. Lo tlon Description: (Attach additional pages If n eded G/.s~I'L~ ~~..s: ~ .6D~~ (ENs , .- SiteDlagram <:::~D ~':::J~~- Please provide a diagram of your Event site which must Include the following Items: . An outline 01 the entire event venue including the names of all streets or areas that are a part ot . the.venue and the surrounding area. If the event involves a moving route of any kind, indicate the direction of travel. . Indicate the location of all stages, bleachers, grandstands, scaffolding, canopies, tents, portable toilets, booths, beer gardens, cooking areas and other temporary structures. . The location of fencing, barriers and/or barricades. Indicate any removable fencing for emergency access. . Indicate and maintain a 24 ft. wide emergency access lane, and exit and entry points for areas that are fenced or that occur within tents or other structures. . The location of first aid facilities and, if applicable, the location of ambulances. . A detail or close-up of the food booth and cooking area configuration, including booth identification at all vendors cooking with flammable gases and/or barbeque grills. . Generator locations and/or source of electricity. . Placement of vehicles and/or trailers. . Identification of all event components that meet accessibility standards. Anticlp!ltedAttendance: Dally: Total Event Attendance: .,yA?>> --00ZT0 Proposed Schedule: Streets Closed 6 Date: <ffll Date: 1~"2J.-.1 0 Time: ".eM Date: l r Time: lOam Date: \l (/ Time: Z-pm Date: II I' Time: I-ZfrYI Date: Il " Time: Zpm Setup Begins Event Starts Event Ends Cleanup Begins Streets Open ~ ~ Db ~~)<- ~ (; /?-A , - /<.a.(~ 1"l> ~. V/N- ~ ' SPECIAL EVENT RELEASE AND INDEMNIFICATION AGREEMENT As sponsor of the event described herein, it is understood that if a permit is approved, we, ~b4P. agree to indemnify the City of Lake Elsinore and its emploYees,servants .and agents, and hold them harmless from any liability, penalty, expense or loss arising out of any injury to any person or damage to any property resulting from the provision or failure to. provide services for this special event permit, or the approval thereof, . including without restriction any such liability, penalty, or loss resulting from the active or passive negligence of the City, its employees, servants or agents. The undersigned agrees to pay for additional City costs not covered by the deposit or bond. .~[2 ~ IS: n8 , Signature of Event Chair Date . Signature of PresidenVDirector Date AMERICANS WITH DISABILITIES ACT (ADA) As sponsor of the event described herein, it is understood that if permit is approved, we, GY'CAP . agree to follow federal regulations prohibiting discrimination on the basis of race, color, national origin, age, or disability. ~~<::---< g(t ~/od / Signature of Event Chair Date Signature of PresidenVDirector Date Agenda Item No.9 Page 6 of 7 ~. . . CITY ...Of. . LAIq: ~LsiIiO~ . ~('lm/jl'i?ff~"'f' SPECIAL EVENT PERMiT NameQfEitent:U()/~0 In +h-e.CoY\1rvu,w \.~ p~ Type olEvent: ,lor A fL pa V'tttta.. LocalionofEvent: fu-eds - 6raVla,V\1, r'Yta.IVI ) H~ Dates(s)of Event: ~I lt1ya . Day 1 Day 2 Day 3 Day 4 Times Event Held: IOaWl- I pm Day 1 Day 2 Set-UIJDate: ~l }J{N 22,W6 EventOtganlzer: ~[ ,ContactPer.son: _~..cl1.-v. A-nw [ \ . City: --'J7 . State: Ct:t Cellular: "&01-6030 Day 3 Day 4 / ( Clean-up Dale: Set Y)te. ~TP -"/.1'\ VII i>" ~JI),( V' aA Address: Zip: q?E;'30 Phone: liJj ~, f: 4,23 K a.f\\O I ~ \J ~1:?tN' . V\e-f '. Agenda Item NO.9 Page 7 of 7 CITY OF .v~ LAKE ,6,LSiNORJ: '?~.. DREAM E;(TREME~ TO: REPORT TO CITY COUNCIL HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER . OCTOBER 28, 2008 DATE: SUBJECT: APPROVAL TO USE SIGNS OF SUPPORT FUNDS Backaround On May 28, 2002, City Council approved a lease agreement between the City and Signs of Support, LLC. The lease agreement was for the installation of advertising signs on non-emergency City vehicles. The term of the agreement was for three (3) years with the ability to extend for one (1) year periods, per Council's direction. Discussion Signs of Support was established to support youth in the community. While it was originally intended to help kids in sports programs; other communities have given their funds to Girl Scouts, Boy Scouts, City programs, and scholarships. Revenue was generated by the contractor leasing business advertising signs installed on the back of City vehicles. The signs were leased on a semiannual basis and Signs of Support paid the City 50% of their gross monthly revenue, which was put into a donation account. The last payment received reflects revenues from November 2006 and the balance in this account currently totals $17,745. The Parks and Recreation Department is asking for Council's approval to use funds from the Signs of Support donation account to assist the Skate Park program and offset costs for safety repairs. Fiscal Impact There is no fiscal impact to the General Fund. Agenda Item No. 10 Page 1 of 16 Approval To Use Signs Of Support Funds October 28, 2008 Page 2 Recommendation Approval to use funds from the Signs of Support donation account to assist the Skate Park program. Prepared by: Approved by: Approved by: Claudia Davis Parks and Recreati~~ A~yst Ray Gonzales ~~ Director of Parks and Recreation Robert A. Bradyll rJ(( City Manager .~ Agenda Item NO.1 0 Page 2 of 16 ~-l ,'n- m FilE COpy {lit!} of -ra~E Et1-~nOr"[ERECEIVED DnE City, got c:;i1l1o,,' JUl 3 0 2002 /Ob~ (vz1J1 CITY MANAGER'S OFFICE J..:-~~:- t\.~::~\' :'I.~ ,:','::'~ ;:".'-~':':-' S:-r.::;'";":;'f ;\->:.-.~: ?;',:'l Te~ 7':::-:-::-:.:1 B:.;:::~".: ~ :.~ -::: >'~':.'?:' ~:~ July 30, 2002 -:--~_~:~'.;.; B.::k;~:, ::- ~"\':.: ~::; :':':..:1:; :-:,.':'".:: ~:.:~::1:l:_ ...:::"-::L;::Jr: ;c:~~~ ~~~~:~~~:~~:: Mr. T. F. Missett Signs of Support, LLC P. O. Box 596 Oceanside, CA 92049 Dear Mr. Missett: Enclosed for your use is a fully-executed copy of the Signs of Support Licensing Agreement with the City of Lake Elsinore. If you have any questions or need additional information, please don't hesitate to contact us. Sincerely, 2J~~/w VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE - Enclosure cc: City Manager's Office jOO-{)yJ()- 300-0/ -/0 130 .3outh d,1ain .3tmt, ..1'akE E[,ino". Cd 92530 · fJdEphonE: (909) 674-3124 'Ja'A~g~8~ ft~'ln~g~ 1 0 WWw.[akE-E[,ino".Otg Page 3 of 16 \ SIGNS OF SUPPORT LICENSING AGREEMENT . The CITY OF LAKE ELSINORE, hereinafter "City", hereby grants on ;)~A.!:- day of ~ 2002, to SIGNS OF SUPPORT LLC, Post Office Box 596, Oceanside, California 9204<U hereinafter "Licensee", a license to install advertising signs on non-emergency City vehicles under the following conditions: 1. Term of License. The term of this license shall be for three (3) years from the date of contract execution and may be extended for one-year periods thereafter at the direction of the City CounciL 2. Materials and Supplies. Licensee shall be responsible for furnishing all materials to install advertising signs on vehides designated by the City for such purposes. The Type "A" signs shall be constructed of steel, non-reflective material and mounted with adhesive tape directly to the tailgate, with pop rivets, if required. Type "B" signs are vinyl and cover entire tailgate. Both shall be installed so as not to damage or alter the paint on City vehicles, be easily removable from such vehicles and maintained in good condition. Licensee shall be responsible for the repair of any vehicle discolored or damaged in any way by any sign. 3. Prior AoprovaL Licensee shall submit for approval all proposed signs to the City Manager's .Office before their installation on any City vehicle. The City, at its sole and absolute discretion, may reject any sign submitted for approval, or may require modifications to such signs. Advertisements shall be limited to businesses with a current City business, licensed to conduct business in the City and be in conformity with City policy and regulations. 4. Termination of License. This License may be terminated by the City or Licensee by giving a thirty-(30) day written notice. If the effective termination date is other than the end of a calendar month, City shall be compensated on a prorated basis based on the number of days in the month until termination. 5. Payment for Advertising. The Licensee shall pay the City 50% of gross monthly revenue it derives from signs installed on City vehicles. Payment shall be made to the City of Lake Elsinore by the fifteenth (15th) of each month beginning forty-five (45) days after sign installation. Licensee shall retain full and complete books of account documenting payments received for advertising and percentage payments to the City based on such receipts. City shall have the right to inspect such books on request. 6. Indemnity and Insurance. - 6.1. City shall not be liable for, and Licensee shall protect, defend (with counsel reasonably satisfactory to City), indemnify and hold City harmless from, any and all claims, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor, discounts, losses, damages, expenses, charges or cost of any kind or character, including attorneys' fees and court costs, (hereinafter collectively referred to as "Claims"), related to the work covered by this 1 Agenda Item NO.1 0 Page 4 of 16 contract arising either directly or indirectly from any act, error, omission or negligence of Licensee or its Licensees, contractors, agents, servants or employees, including, without limitation, Claims caused by the concurrent negligent act, error or omission, whether active or passive, of City or its agents or employees. However, Licensee shall have no obligation to defend or indemnify City from Claim if it is determined by a court of competent jurisdiction that such Claims were caused by the sole negligence or willful misconduct of City or its agents or employees. 6.2. Without limiting Licensee's indemnification obligations to City, Licensee shall provide and maintain, during the duration of this Agreement and for such other period as may be required herein, at its sole expense, insurance in the amounts and form described in Section 16 "Insurance." 7. Prohibited Advertisement. All advertising shall be in conformity with City regulations and policies. Licensee is prohibited from advertising the following: a. Alcohol or alcohol products or any establishment, retail or wholesale. whose primary source ofrevenue is from the sale of alcohol or alcohol products, including, but not limited to liquor stores, bars, or cocktail lounges. b. Tobacco or tobacco products or any establishment, retail or wholesale, whose primary source of revenue is from the sale of tobacco or tobacco products. c. The display or depiction of any "specified sexual activity" or "specified anatomical area" as described in Chapter 17.70 of the Lake Elsinore Municipal Code or any adult establishment which offers goods or services which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." d. Signs of any nature advertising or employing a position, for or against, any political candidate or issue that is the subject of public debate. e. Any "adult business" as defined in the Chapter 17.70 of the Lake Elsinore Municipal Code. f. Any firearms or ammuntl10n or any establishment, retail or wholesale, whose primary source of revenue is from the sale of firearms or ammunition. g. Gambling or any establishment, retail or wholesale, whose pnmary source of revenue is from the sale of gambling or gambling products. - h. Bail bonds or any establishment, retail or wholesale, whose pnmary source of revenue is from the sale of bail bonds. 8. Abandonment of Signs. Licensee shall retain the rights to all signs. However, if Licensee fails to claim any sign within fourteen (14) days after notification of its removal, such sign shall be deemed abandoned and may be disposed of by the City. 2 Agenda Item NO.1 0 Page 5 of 16 9. .. Size of Signs. Type "A" signs shall be approximately II" by 40", unless otherwise agreed m wntmg by the parties. Type "B" signs shall cover entire tailgate. . 10. Compliance with applicable Statutes, Ordinances. and Regulations. Licensee shall comply with all applicable federal, state, county, and city statutes, ordinances, and regulations in exercising its' rights grated under the license. II. Assignment and Delegation. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Licensee's duties be delegated, without the express written consent of the City. Any attempt to assign or delegate this Agreement without the express written consent of the City shall be void and of no force or effect. Consent by the City to one assignment shall not be deemed to be consent to any subsequent assignment. 12. Entire Agreement. This Agreement comprises the entire integrated understanding between City and Licensee concerning the license granted herein and supersedes all prior negotiations, representations, or agreements. 13. Interpretation of the Agreement. The interpretation, validly and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. The Agreement does not limit any other right to remedies available to the City. Any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 14. Agreement Modifications. This Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by the parties thereto. IS. Notices. All notices, demands, requests, consents or other communications which this Agreement contemplates or authorizes or requires or permits either party to give to the other, shall be in writing and shall be personally delivered or mailed to the respective party as follows: To: City To: Licensee: City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Attn: City Manager Signs of Support LLC P.O.Box 596 Oceanside, CA 92049 Either party may change its address by notice to the other party as provided herein. Communications shall be deemed to have bee.. given and received on the first to occur '* (I) actual receipt at the offices of the party to whom the communication is to be sent, as designated above, or three (3) working days following the deposit in the United States mail of registered or certified mail, postage prepaid, return receipt requested, addressed to the offices of the party to whom the communication is to be sent, as designated above. 3 Agenda Item No.1 0 Page 6 of 16 16. Insurance. Without limiting Licensee indemnification obligations to City, Licensee shall provide and maintain, during the duration of this Agreement and for such other period as may be required herein, at its sole expense, insurance in the amounts and form described below. 16.1. Required General Liability Insurance Coverage. Contractor shall procure either Comprehensive General Liability Insurance or Commercial General Liability Insurance in the amounts and form set forth below: a. Comprehensive General Liability Insurance. A policy of Comprehensive General Liability Insurance with a combined single limit (CSL) per occurrence afnot less than one million dollars ($1,000,000) per occurrence:' OR b. Commercial General Liability Insurance. A policy of Commercial General Liability Insurance which provides limits of not less than: (I) Per Occurrence: $1,000,000 (2) General. Aggregate: $2,000,000 (3) Products/Completed Operations: $1,000,000 (4) Personal & Advertising Injury limit: $1,000,000 For either type of insurance, deductibles shall be declared to and approved by the City's Risk Manager. c. Required General Liability Policy Coverage. Any general liability policy provided by licensee hereunder shall include the following coverage: (I) Premises and Operations; (2) Products/Completed Operations; (3) Contractual Liability expressly including liability assumed under the Agreement; (4) Personal Injury Liability; (5) Independent Contractors Liability; - (6) Severability of Interest clause providing that the coverage applies separately to each insured, except with respect to the limits of liability, and that an act or omission by one of the named insurers shall not reduce or avoid coverage to the other named insured. d. Additional Insured Endorsement. Any general liability policy provided by Licensee hereunder shall contain an endorsement which applies its coverage to the City, the 4 Agenda Item No.1 0 Page 7 of .16 members of the City Council and the officers, agents, employees and volunteers of the City, individually and collectively, as additional insured.' e. Primary Insurance Endorsement. The coverage afforded by the additional insured endorsement described above shall apply as primary insurance, and any other insurance maintained by the City, the members of the City Council, or it's officers, agents, employees and volunteers, or and City self funded program, shall be excess only and not contributing with such coverage. f. Form of General Liability Insurance Policies. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Licensee of that part of the indemnity agreement contained in the Agreement relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limits must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, City may require additional coverage to be purchased by Licensee to restore the required limits. Licensee may combine primary, umbrella and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the Additional Insured Endorsement described above. 16.2. Comorehensive Automobile Liability Insurance. Licensee shall procure Comprehensive Automobile Liability Insurance written for bodily injury, including death, and property damage, however occasioned, occurring during the policy term, in the amount of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, applicable to all owned, non-owned and hired vehicles. 16.3. Statutorv Workers' Comoensation and Emoloyer's Liability Insurance. Unless the Licensee is a sole proprietorship, Licensee shall maintain a policy of California Workers'; Compensation coverage in statutory amount and Employee's Liability coverage for no less than one million dollars ($1, 000,000) per occurrence for all employees of Licensee engaged in services or operations under the Agreement. Coverage shall include a waiver of subrogation in favor of City, a copy of which shall be provided to the City. 16.4. Subcontractors' Insurance. Licensee shall make certain that any and all Subcontractors hired by Licensee are insured in accordance with this Agreement. If any Subcontractor's coverage does not com;Jly with the foregoing provision, contractor shall indemnify and hold City harmless of and from any damage, loss, cost or expense, including attorneys' fees, incurred by City as a result thereof. - 16.5 General Provisions. a. Evidence of Insurance. Licensee shall, as soon as practicable following the placement of insurance required hereunder, but in no event later than the effective date of the Agreement, deliver to City certificates of insurance evidencing the same, together with appropriate separate endorsements thereto, evidencing that contractor has obtained such coverage for the period 5 Agenda Item NO.1 0 Page 8 of 16 of the Agreement. Licensee shall deliver certified copies of the actual insurance policies specified her~m, wlthm thIrty days after commencement of work. Thereafter, copies of renewal policies, or certificates and appropriate separate endorsements thereof, shall be delivered to City within thirty (30) days prior to the expiration of the term of any policy required herein. . Licensee shall permit City at all reasonable times to inspect any policies of insurance of Licensee which Licensee has not delivered to City. b. Claims Made Coverage. If coverage is written on a "claims made" basis, the Certificate of Insurance shall clearly so state. In addition to the coverage requirements specified above, such policy shall.provide that: (I) The policy retroactive date coincides with or precedes Licensee's commencement of work under the Agreement (including subsequent policies purchases as renewals or replacements). (2) Licensee will make every effort to maintain similar insurance during the required extended period of coverage following expiration of the Agreement, including the requirement of adding all additional insured. (3) If insurance is terminated for any reason, Licensee shall purchase an extended reporting provision of at least two years to report claims arising in connection with the Agreement. (4) The policy allows for reporting of circumstances or incidents that might give rise to future claims. c. Failure to Obtain or Maintain Insurance; City's Remedies. Licensee failure to procure the insurance specified herein, or failure to deliver certified copies or appropriate certificates of such insurance, or failure to make the premium payments required by such insurance, shall constitute a material breach of the Agreement, and City may, at its option, ternlinate the Agreement for any such default by Licensee. d. No Limitation of Obligations. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Licensee, and any approval of said insurance by the City or its insurance Contractor(s), are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Licensee pursuant to the Agreement, including, but not li'l1ited to, the provisions concerning indemnification. e. Notice of Cancellation or Change of Coverage. All certificates of insurance provided by contractor must e"idence that the insurer proving the policy will give City...thirty (30) days' written notice, at the address shown in the section of the Agreement entitled "Notices," in advance of any cancellation, lapse, reduction or other adverse change respecting such insurance. f. Oualifving Insurers. All policies of insurance required hereby shall be issued by companies which have been approved to do business in the State of California by the State Department of Insurance, and which hold a current policy holder's alphabetic and financial size 6 Agenda Item No.1 0 Page 9 of 16 category rating of not less that A, VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved in writing by City's Risk Manager. g. Review of Coverage. City shall retain the right at any time to review the coverage, form and amount of insurance required herein and may require Licensee to obtain insurance reasonably sufficient in coverage, form and amount to provide adequate protection against the kind and extend of risk which exist at the time a change in insurance is required. h. Self-Insurance. Licensee may, with the prior written consent of City's Risk Manager, fulfill some or all of the insurance requirements contained in the Agreement under a plan of self-insurance. Licensee shall only be permitted to utilize such self-insurance, however, if, in the opinion of City's Risk Manager, Licensee's (i) net worth, and (ii) reserves for payment of claims of liability against Licensee, are sufficient to adequately compensate for the lack of other insurance coverage required by the Agreement, Licensee's utilization of self-insurance shall not in any way limit liabilities assumed by Licensee under the Agreement, i. Waiver of Subrogation. Licensee and City release each other, and their respective authorized representatives, from any insurance carried by the City or Licensee other than any self-insurance, covers ariy such Claim or damage. Included in any policy or policies of insurance provided by Licensee hereunder shall be a standard waiver of rights of subrogation against the City by the insurance company issuing said policy or policies. j. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Licensee and the City. DATED: /~ /0 - ,2002 B-'-\~~ t'" ---fF. Miss t CITY OF LAKE ELSINORE, a municipal corporation DATED: jJ:J :L~ ,2002 7 Agenda Item NO.1 0 Page 10 of 16 . -,~. .~;[ l~ City Clerk \ APPROVED AS TO FORM: 8 Agenda Item No. 10 Page 11 of 16 rll_.f#-103- D I PAGE TWO - STUDY SESSION - MAY 28, 2002 Councilman Hickman addressed Item No.7, regarding the Release and Indemnity Agreement with K.S. Chen and Reconveyance of Deed of Deed of Trust. He asked why staff could not fmd the original documents. City Manager stated that staff had made a through search and the documents were not found. He noted that the Golden Castle Tentative Tract Maps had expired a long time ago and to ensure safety foc the Agency and the City, the City Attorney had <:reated a release agreement. He commented that he did not know iftlw document was ever signed. Councilman Buckley asked what the action obligated the City to do. City Attorney Leibold explained that thcre was an existing Deed of Trust recorded against certain real property purporting to secure obligations of the property owner in connection to a Collateral Agreement. She further explained that to the City's knowledge the Collateral Agreement does not exist and it was the recolle<:tion of all the parties involved that the Collateral Agreement related to certain subdivision .improvements on a different piece of property. She noted that the Subdivision Tract Map on the other piece of property had long ago expired; therefore there was no need to secure property. for public improvements since the Subdivision Tract Map had expired and would have to start anew. City Attorney Leibold stated that her office was concerned any time the City was asked to release an interest when the Agreement could not be found, therefore her office drafted an Agreemelltlhatwouldrelease the City from any obligations or any vesting of development rights on the piece of property that the Collateral Agreement would relate to; required that the developer agree indemnify the City in the event thatthe Collateral Agreement was ever located and was different from what had been recollected; and that the developer would in fact comply with the terms of the Agreement and provide alternate security. She indicated that the purpose of this action was created from an effort to sell the property to which the Deed of Trust relates and it could not be sold or developed if theJien should continue. Councilman Buckley addressed ItemNo. 5, regarding Signs of Support License Agreement. He questioned why the City did not just do this instead of giving someone else 50% of the income. Agenda Item No.1 0 Page 12 of 16 . , PAGE THREE - STUDY SESSION - MAY 28, 2002 Assistant City Manager Best explained that the program was done in a number of communities throughout Southern California and worked with a sign company that designs and creates the signs. She indicated that they would install, create and maintain the signs and lease them out on a semiannual basis. She further indicated that it would take more than justifiable staff time to monitor and create the signs. She noted that the company had a client that was currently in the Lake Elsinore area and had requested that the company make a proposal to the City, since the client was active in the City. She noted that the client would like to advertise their product as well as donate some funds. She indicated that one of the principals would be present at the Council Meeting and would bring a full color packet of their product. Mayor Kelley questioned the youth groups the company supported. Assistant City Manager Best explained that each community decides where the funds would go. She indicated that in other communities the funds go to the Girl Scouts, Boy Scouts, city programs, camper assistance and scholarships. She noted that as an example the signs could read, "K.B. Homes support the youth in the community". She further indicated that each sign could be approved by the City prior to being placed on the trucks. Councilman Hickman addressed Item No. 21, regarding the Ordinance and Resolution establishing Development Impact Fees for Traffic Infrastructure. He asked for clarification of the amount of the City's TUMF. City Manager Watenpaugh noted that it would be $1,197 per residential. unit. Mayor Kelley clarified that staff had recommended Scenario No.3. City Manager Watenpaugh agreed. Councilman Buckley asked if it was possible to mix and match the different scenarios. City Manager Watenpaugh explained that the fees were based on the number of trips that were made and noted that Scenario No.3 was the same as Scenario No.2, however the City would underwrite the impact fee for commercial, office and industrial land uses by 30%. Mayor Kelley noted that the developers who attended the Study Session were very comfortable with the fees. City Manager Watenpaugh stated that the developers did not have a problem with paying the fees, as long as they knew in advance. He explained that Agenda Item NO.1 0 Page 13 of 16 PAGE EIGHTEEN - CITY COUNCIL MINUTES - MAY 28, 2002 that he would probably vote to not cast the ballot. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 3 TO 2 WITH BRINLEY AND KELLEY CASTING THE DISSENTING VOTES TO NOT CAST THE BALLOTS ON CITY OWNED PROPERTY. ITEMS PULLED FROM CONSENT CALENDAR 5. Signs of Support License Agreement. City Manager Watenpaugh explained that this was a request to consider an agreement with Signs of Support, and noted that representatives were present to make a presentation. Assistant City Manager Best noted that Mr. Missett of Signs of Support had approached the City to place signs on the rear of City vehicles in support of community issues. She explained the program and noted that 50% of the gross revenues would be donated back to the City. She advised that the City had fmal approval of all signs and noted the samples of signs used in other communities. She explained that the agreement would allow all work to be done at the City Yard. She noted the limitations on the types of businesses which would be allowed to advertise. Councilman Buckley indicated that he pulled this item from the Consent Calendar because the packet only had a one page brief outline, and the balance of the information was provided at 7 p.m. He indicated that he had not had enough time to make a decision. He expressed concern with the perceptions of the City endorsing a product or service, and requested that this item be tabled until the next meeting. Councilman Hickman noted the packet presented this evening, indicating that it sounded like a good deal and he saw nothing wrong with it. He suggested moving forward, as it would benefit the City. Agenda Item No. 10 Page 14 of 16 PAGE NINETEEN - CITY COUNCIL MINUTES - MAY 28, 2002 Councilwoman Brinley indicated that she saw no problems with the proposal and only benefits. Mayor Pro Tern Schiffuer inquired what type of advertising would be provided. Tom Missett, representing Signs of Support, explained that this was a retirement project for him, after running a newspaper for 32 years. He indicated that they had implemented the program in several other communities; and noted that they were unanimously approved by the Board of Supervisors in San Diego County. He explained that the program was intended to help kids, making them able to participate in sporting events, like Little League or Pop Warner Football. He indicated that there was no outlay by the City and nowork would be required by the City. He further indicated that there would be no downtime for the trucks as the work is done on weekends. He advised that the gross revenues would be split 50- 50, and offered to answer any additional questions. Mayor Pro Tern Schiffuer questioned a typical list of advertisers. Mr. Missett noted that he ran a family newspaper for many years; and was bound by contract not to accept ads from bail bondsmen, or for sex, alcohol or tobacco products. He indicated that he had only seen one sign not accepted, but he would not put anything up for consideration that would not be acceptable. Mayor Pro Tern Schiffuer inquired if there would be a different sign on every vehicle. Mr. Missett indicated that the one in the packet would be seen on six vehicles initially, but they would explore other vehicles to provide additional funding to assist the kids. Mayor Pro Tern Schiffuer indicated that it sounded like a good idea, but he would like the ability to designate where the money went. Mr. Missett confirmed that there would be that opportunity. Mayor Kelley questioned who would get the scholarships for the sports. Mr. Missett indicated that a list of signs would be provided every month Agenda Item No. 10 Page 15 of 16 . ' PAGE TWENTY- CITY COUNCIL MINUTES - MAY 28, 2002 *' with a check to the City, so the City could decide how to use it. City Manager Watenpaugh confirmed that the Council could direct statfto spend that money any way it was needed. Mayor Kelley indicated that it was difficult to visualize the signage on City vehicles, making them a billboard in motion. She commented that the only selling point was that the money was going to the youth. She inquired how much would usually be contributed back to the community. Mr. Missett indicated that it was $50 to $100 per month/per truck, initially it would generate about $3,600 to $4,000 per year for six trucks. Mayor Kelley inquired if advertisers could be anywhere. Mr. Missett indicated that would be up to each City as to what they would accept. Mayor Kelley noted that there were some very nice designs, but some of the more elaborate ones would be hard to get used to; however in the interest of the youth of the community, she would not prevent someone from participating in sports. Mayor Pro Tern Schiffner noted the Cops for Kids program and inquired if it would be a satisfactory charity for the program, although it is not totally a youth sports thing. Councilwoman Brinley suggested consideration for each organization. Mayor Kelley suggested that it would provide the ability to assist with youth soccer, etc., and she would prefer to see it go to youth sports activities. Councilman Hickman suggested allowing the Council to judge or approve where the money went. _"_".'~__""''''''-'''''''''''''_'''''''''_'"_'._''''_''~'","_i''''''''''_''''''''''___~''''''~~~li,tP-.-l:'''~':.lcj'~I'~",B"~c':!t MOVED BY BRINLEY, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4 TO 1 WITH BUCKLEY CASTING THE DISSENTING VOTE TO APPROVE THE LICENSE AGREEMENT WITH SIGNS OF SUPPORT FOR A THREE-YEAR PERIOD AND DIRECT THE CITY ATTORNEY AND STAFF TO DRAFT THE AGREEMENT FOR THE CITY MANAGER TO EXECUTE. 7. Release and Indemnity Agreement with K.S. Chen and Reconveyance of Deed of Trust. Agenda Item NO.1 0 Page 16 of 16 - CITY OF ~~ LAKE 6LSiNORJ: \ I ~ DREAM EXTREMEN REPORT TO CITY COUNCil TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCil FROM: ROBERT A. BRADY CITY MANAGER DATE: OCTOBER 28, 2008 SUBJECT: CULTURAL CENTER DIGITAL AUDIO UPGRADE Backqround The City uses the Cultural Center to hold all of the City Council and Commission meetings. Information Technology Division has a contract with Granicus, Inc. to provide online streaming video of live and archived City Council meetings. In order to provide enhanced quality audio for the video stream, an upgrade and relocation of AudioNideo (AV) equipment is necessary. ' Discussion The Cultural Center's analog sound board was installed in 2000 with a capacity of (8) eight microphones. In 2006 the sound board was fitted with an additional sound card expanding the capacity to (16) sixtee1;1 microphones. Upgrading to the Yamaha lS9-16 Digital Mixer with an (8) eight channel expansion card will increase the microphone input count to (24) twenty-four. Relocating the AV equipment from the office behind the dais to the rear loft will create a central control center and a secure environment to house additional digital equipment required for the online video streaming. As per the City's purchasing policy section 3.08.070, this purchase of $10,023.09 is exempt from a formal bid process because it is in the best interest of the City to use the City's recognized AV contractor, On-Trax, Inc. Fiscal Impact The purchase price is $10,023.09, 'including tax, installation, and configuration, as shown in the attached quote (Exhibit A). Sufficient funding for this project was earmarked in the 2008-2013 GIP, proj~ct 10 No. GEN 0046 (Exhibit B). Agenda Item No. 11 Page 1 of 5 Cultural Center Digital Audio Upgrade October 28, 2008 Page 2 Recommendation It is determined to be in the best interest of the City to waive the informal-bidding process and authorize the City Manager to sign and issue a purchase order to On-Trax, Inc., to acquire, install, and configure .the Digital Sound Board device. Prepared by: Mark Dennis Information/Communications Manager Approved by: Robert A. BradY~ri1, City Manager W Agenda Item No. 11 Page 2 of 5 iOn- Trax, Inc. 3052 Vine Street Riv~rside, CA 92507 , www.on-trax.com (951) 786-3921 FAX 786-3922 QUOTE 9/10/08 The City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Att. Toby Soto SHIP TO: Cultural Center Toby, Here is the quote for upgradiI~g the Cultural Center sound system we spoke about. ' It includes the mixer and expa'nsion card we talked about to give you 24 mic inputs as well as the capability to add 8 more lines in the future. The new mixer is deeper than the existing one so I recommend a new equipment rack with a table top that the new board will sit on and the old rack can be used for the servers and other equipment you might be installing. 1 Yamaha LS9-16 Digital Mixer 5,295.00 1 Yamaha MY8-AD24 Expansion Card 299.00 1 Raxxess SSW-22M Equipment rack 229.00 1 Raxxess SFD plexi rack doo~ 159.00 160 Ft 12-4 speaker cable @ 1.05 per ft 168.00 320 Ft 9 pair mic cable @ 1.22 per ft 390.40 Spkr barrier strip and mic termination panels 120.00 20 Ft Wall mount cable channel @ 1.25 per ft 25.00 Equipment Total 6685.40 Sales tax 518.09 Shipping 120.00 Installation Labor 2,700.00 Total; $10,023.09 Agenda Item No. 11 Page 3 of 5 'On-Trax, Inc. 3Q52 Vine Street Riverside, CA 92507 , www.on-trax.com I (951) 786-3921 I I1AX 786-3922 QUOTE Labor to include: Remove and reinstall rack equipment including; 8 ch preamp CD player Wireless mic receivers Power amps Power conditioner Install and rewire 24 mic lines' Install and rewire 4 speaker lihes Install and wire new mixer Electro-acoustic analysis and adjustment I System training DATE SHIPPED: TERMS: Net 30 Agenda Item No. 11 Page 4 of 5 ~ity of Lake Elsinore FY 2008/09-201,2/13 Capital Improvement Program :Project Description , Project 10 No.: Project Number: Project Type: GEN - 0046 New Cultural Center Technology Upgrades Integrated audio-visual system upgrades including new video projection system, streaming video, sound board, networked office copier/printer/scanner, wireless hotspot, and related network upgrades. Construction of cabinets, cabling, power, and mounts. Oescriotion: Location: City Wide ! PITO Actual Costs & Carryforward Encumbrance Budget Avai' FY 2008 - FY 2009 - FY 2010 . FY2011- FY 2012 Funding Source sat 3-31-08 at 3-31-08 2009 2010 2011 2012 2013 Total 105 - General Fund $ - $ 60.000 $60,000 - - - - - - - - - - - I - Total Funding $ - $ - $ - $ - $ - $ 60,000 $ - $ 60,000 Project Costs , Desion - - Env. Permit - i - RIW - I - Admin - - Construction Cost - , - Continqency - I - Other $ - ! $ 60,000 60,000 Total Project Costs $ - $ - , $ - $ - $ - $ 60,000 $ - $ 60,000 PITD=Project Inception to Date 74 Agenda Item No. 11 Page 5 of 5 CITY OF ~ LAKE 6LSiIiORJ: , I '?t.~ DREAM EITREMEN REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: OCTOBER 28, 2008 SUBJECT: MITIGATED NEGATIVE DECLARATION NO. 2008-07, TENTATIVE PARCEL MAP NO. 36066, AND COMMERCIAL DESIGN REVIEW NO. 2008-01 FOR THE "GREENWALD COMMERCIAL CENTER." Discussion On October 7, 2008, the Planning Commission approved by unanimous vote various resolutions recommending approval for the construction of the "Greenwald Commercial Center," a 98,587 square foot neighborhood shopping center in six buildings, on 13.9;!: acres subdivided into five parcels. Proposed uses include general offices, medical offices, restaurants with outdoor patio dining, and a gasoline dispensing establishment with mini-mart and drive-through. The project site is located on the north side of Greenwald Avenue, at the northeast corner of the City of Lake Elsinore, directly adjacent to the City of Canyon Lake and its North Gate, and known as Assessor's Parcel No. 349-290-009. The Commission heard testimony from Lori Moss, City Manager for the City of Canyon Lake, and Scott Hildebrandt, an engineer for the Canyon Lake Property Owners' Association. Both entities supported the project but requested that concerns regarding the safety of equestrian trail users be addressed prior to approval of the project. Ms. Moss also requested changes to the Conditions of Approval. Commissioner O'Neal referenced the suggested traffic control measures by Urban Crossroads and the unwillingness of the City of Canyon Lake and the POA to implement them. He stated that he concurred with Staffs recommendations and felt the project was excellent and attractive. Commissioner Mendoza stated that the developer showed good faith in providing a trail, and should not incur any more cost when the trail does not benefit the project. He believed the project was fantastic. Commissioner Gonzales inquired about golf carts, and Chairman Zanelli confirmed that no golf carts were allowed on Lake Elsinore City streets. Both Vice-Chairman Flores and Chairman Zanelli indicated their concern about the speeding vehicles leaving the Canyon Lake North Gate, even though signs are posted to slow down. Vice-Chair Flores called the project outstanding. Agenda Item No. 12 Page 1 of 77 MND 2008-07, TPM 36066, CDR 2008-01 October 28, 2008 Page 2 of 2 Chairman Zanelli asked whether the equestrian community in Canyon Lake would be willing of offer assistance in maintaining the trail. The Planning Commission Staff Report and draft Meeting Minutes are attached for reference. Recommendations The Planning Commission recommends that the City Council: 1. Adopt Resolution No. 2008-_ adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan. 2. Adopt Resolution No. 2008,_ adopting Mitigated Negative Declaration No. 2008- 07 and the Mitigation Monitoring and Reporting Program appertaining thereto. 3. Adopt Resolution No. 2008-_ approving Tentative Parcel Map No. 36066. 4. Adopt Resolution No. 2008-_ approving Commercial Design Review No. 2008-01. Prepared By: Approved By: Carole K. Donahoe, AICP, Project Planner ~ Robert A. Brady, City Manager~ Attachments: 1. Exhibit 'A' - Vicinity Map 2. Resolution No. 2008-_ adopting Findinas of Consistencv with the Multiple Species Habitat Conservation Plan. 3. Resolution No. 2008-_ adopting Mitiaated Neaative Declaration No. 2008-07 and the Mitiaation Monitorina and Reportina Proaram appertainina thereto. a. Exhibit 'B' - Final Initial Study/Mitigated Negative Declaration No. 2008-07, Mitigation Monitoring and Reporting Program, and Final MND (Enclosure) 4. Resolution No. 2008-_ approving Tentative Parcel Map No. 36066 a. Exhibit 'C' - Tentative Parcel Map No. 36066 (Enclosure) b. Exhibit 'D' - Grading and Drainage Plan (Enclosure) 5. Resolution No. 2008-_ approving Commercial Desian Review No. 2008-01 a. Conditions of Approval b. Exhibit 'E' - Site Plan (Enclosure) c. Exhibit 'F' - Conceptual Landscape Plan, Sheets 1 and 2 (Enclosure) d. Exhibit 'G' - Floor plan for Parcel 2 and 5. Drawing 1 (Enclosure) e. Exhibit 'H' - Elevations Drawings 2A & 2B (Enclosures) f. Exhibit 'I' - Perspectives Drawing 3 (Enclosures) g. Exhibit 'J' - Building Sections Drawing 4 (Enclosures) h. Exhibit 'K' - Images (Enclosure) 6. Excerpts from Draft Planning Commission Meeting Minutes, October 7,2008 7. Staff Report for the Planning Commission, October 7, 2008 Page 2 of2 Agenda Item No. 12 Page 2 of 77 VICINITY MAP COMMERCIAL DESIGN REVIEW 2008-01 J CUP 2008:"01 TPM 36066 APN 349-290-009 , >- L""""Z 13 o Q:' SIDE ST C!J , /f' , ;I!:'--, ",' , / 1 0 . ',- ,/ I, s i '~,' Cl';' /' /"'~I,- J..:. ( "" /~'::~'Y / , ~'I /9' " 1/ f , II: 'i Q: _l~____,_ :'I",' -"'!'oJ L """,,/$ ", Yi Ii ~i I- en ~ C IRE RD lM a:: ~""'lo: _ iZ; "" /< J' /, I j/ CITY COUNCIL 1 0/28/2008 i o o PROJECT SITE CITY of CANYON LAKE VACATION DR \.. ~f>-SS ~ , \ II' Agenda Item No, 12 Page 3 of 77 EXHIBIT "'" RESOLUTION NO. 2008-_ RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF LAKE .ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS THE GREENWALD COMMERCIAL CENTER IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Ed Sauls, of The Sauls Company, filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2008-01, Tentative Parcel Map No. 36066, and Conditional Use Permit No. 2008-01 (the "Project") for the design and construction of a 98,587 square foot neighborhood shopping center in six buildings on a 13.9.:!: acre site with related improvements, located on north side of Greenwald Avenue, at the northeast corner of the City of Lake Elsinore, directly adjacent to the City of Canyon Lake and its North Gate, and known as Assessor's Parcel No. 349-290-009, (the "Property"); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land within an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ("LEAP") and a Joint Project Review ("JPR") between the City and the Regional Conservation Authority ("RCA") prior to public review of the project applications; and WHEREAS, Section 6.0 further requires that development projects within or outside of a criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and/or City Council; and WHEREAS, the Project is within a MSHCP criteria cell of the Elsinore Area Plan, and therefore, the Project was processed through a LEAP and JPR as well as reviewed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, the Planning Commission recommended to the City Council that the discretionary project entitlements for the Greenwald Commercial Center are consistent with the MSHCP; and WHEREAS, public notice of the Project has been given, and the City Council has considered evidence presented by the Planning Commission, Community Development Department and other interested parties at a public hearing held with respect to this item on October 28, 2008. Agenda Item No. 12 Page 4 of 77 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed application and its consistency with the MSHCP prior to making a decision to adopt findings that the Project is consistent with the MSHCP. SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the City Council makes the following findings: 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Property is located within a MSHCP criteria cell. As such, the Project has been processed through the LEAP and JPR, as well as reviewed for consistency with the MSHCP "Plan Wide Requirements," including Section 6.1.2 Riparian/Riverine Areas and Vernal Pool Guidelines. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Property is located within a MSHCP criteria cell and therefore the Project was processed through the LEAP and JPR. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. A total of 0.06 acres of mule fat scrub and south em willow scrub occur on the Property but would not be impacted by the Project. Further, neither vernal pools nor the conditions that support vernal pools exist onsite as the majority of the project site is Riversidean sage scrub and disturbed land. However, vernal pools are not the only habitat in which fairy shrimp could exist. Due to the disturbance on the project site and lack of native habitat, the project site is not expected to support any of the MSHCP Riparian/Riverine plant or wildlife species. The Project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines set forth in Section 6. 1.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. Per MSHCP requirements, the Property is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 6.1.3. No further action regarding this section of the MSHCP is required. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. Agenda Item No. 12 Page 5 of 77 Per MSHCP requirements, the Property is not subject to any of the Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP, with the exception of Burrowing Owl. A focused burrowing owl survey was conducted in accordance with the Burrowing Owl Survey Instructions of the MSHCP. No burrowing owls or burrowing owl signs were observed on the Property or adjacent lands. As required by the MSHCP, mitigation has been included to conduct a Burrowing Owl survey 30 days prior to any ground-disturbance, including the removal of vegetation or other debris. No further action regarding this section of the MSHCP is required. 6. The proposed project is consistent with the UrbanNVildlands Interface Guidelines. The Property is located adjacent to MSHCP Conservation Area, and therefore project design features and best management practices are incorporated into the Project to address and minimize edge effects associated with run-off, night lighting, and noise-generating land uses. As such, the Project is consistent with Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP. No further action regarding this section of the MSHCP is required. 7. The proposed project is consistent with the Vegetation Mapping requirements. None of the resources for which the vegetation mapping requirements apply will be impacted by the Project. No further action regarding this section of the MSHCP is required. 8. The proposed project is consistent with the Fuels Management Guidelines. The MSHCP acknowledges that brush management to reduce fuel loads and protect urban uses and public health/safety shall occur where development is adjacent to conservation areas. The Property is adjacent to open areas that may require on-going brush abatement to reduce fire risk. One of the scenarios in the Fuels Management Guidelines is that any new development planned adjacent to a MSHCP conservation area or other undeveloped area shall incorporate brush . management guidelines in the development boundaries and shall not encroach into MSHCP conservation areas. Because the Project is non-residential, has incorporated building setbacks and appropriate fire-resistant materials in the design, and will not encroach into MSHCP conservation areas, the Project is consistent with the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP. No further action regarding this section of the MSHCP is required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. Agenda Item No. 12 Page 6 of 77 10. The proposed project is consistent with the MSHCP. The Project is consistent with a/l applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon the evidence presented, the above findings, and the Conditions of Approval attached to the Resolution approving Commercial Design Review No. 2008-01, the City Council of the City of Lake Elsinore hereby adopts findings that the Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this twenty-eight day of October 2008. AYES: NOES: ABSTAIN: ABSENT: DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY Agenda Item No. 12 Page 7 of 77 STATEOF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 28th day of October 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: CAROL COWLEY INTERIM CITY CLERK Agenda Item No. 12 Page 8 of 77 RESOLUTION NO. 200S-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 200S.07 FOR THE GREENWALD COMMERCIAL CENTER WHEREAS, Ed Sauls, of The Sauls Company, (the "Developer") filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2008-01, Tentative Parcel Map No. 36066, and Conditional Use Permit No. 2008-01 (the "Project") for the design and construction of a 98,587 square foot neighborhood shopping center in six buildings on a 13.9~ acre site with related improvements, located on north side of Greenwald Avenue, at the northeast corner of the City of Lake Elsinore, directly adjacent to the City of Canyon Lake and its North Gate, and known as Assessor's Parcel No. 349-290-009, (the "Property"); and WHEREAS, the Project is subject to the provisions of the California Environmental Quality Act (Public Resources Code SS 21000, et seq.: "CEQA") and the State Implementation Guidelines for CEQA (14 California Code of Regulations SS 15000, et seq.: "CEQA Guidelines") because the Project involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code S 21065); and WHEREAS, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; and WHEREAS, based upon the results of the Initial Study, and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined appropriate to prepare and circulate Mitigated Negative Declaration No. 2008-07 for the Project (the "Mitigated Negative Declaration"); and WHEREAS, pursuant to CEQA Guidelines section 15072, on August 1, 2008, the City duly issued a Notice of Intent to Adopt the Mitigated Negative Declaration; and WHEREAS, in accordance with CEQA Guidelines section 15073, the Mitigated Negative Declaration was made available for public review and comment for thirty days beginning on August 1, 2008, and ending on September 2, 2008, and WHEREAS, the Planning Commission of the City of Lake Elsinore has recommended to the City Council adoption of Mitigated Negative Declaration No. 2008- 07; and WHEREAS, public notice of the Project and the Mitigated Negative Declaration have been given, and the City Council has considered evidence presented by the Agenda Item No. 12 Page 9 of 77 Planning Commission, Community Development Department and other interested parties at a public hearing held with respect to this item on October 28, 2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference. SECTION 2. The City Council has evaluated all comments, written and oral, received from persons who have reviewed the Mitigated Negative Declaration. Written responses to comments received on the Mitigated Negative Declaration during the public comment period were prepared and circulated. The City Council hereby finds and determines that all public comments have been addressed. SECTION 3. The City Council hereby determines that the Mitigated Negative Declaration for the Project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA. The City Council has reviewed and considered the information contained in the Mitigated Negative Declaration and finds that the Mitigated Negative Declaration represents the independent judgment of the City. . SECTION 4. The City Council further finds and determines that none of the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of the Mitigated Negative Declaration are present and that it would be appropriate to adopt the Mitigated Negative Declaration as proposed. SECTION 5. The City Council hereby makes, adopts, and incorporates the following findings regarding the Mitigated Negative Declaration: 1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a Mitigated Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. Based upon the Initial Study conducted for the Project, there is substantial evidence suggesting that all potential impacts to the environment resulting from the Project can be mitigated to the less than significant levels. All appropriate and feasible mitigation has been incorporated into the Project design. The Mitigation Monitoring and Reporting Plan contains an implementation program for each mitigation measure. After implementation of the mitigation contained in the Mitigation Monitoring and Reporting Plan, potential environmental impacts are effectively reduced to less than significant levels. 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. Agenda Item No. 12 Page 10 of 77 Pursuant to the evidence received, and in the light of the whole record presented, the Project will not have a significant effect on the environment. SECTION 6. Based upon the evidence presented, the above findings, and the conditions of approval attached to the Resolution approving Tentative Parcel Map No. 36066, the City Council hereby approves Mitigated Negative Declaration No. 2008-07. SECTION 7. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this twenty-eighth day of October 2008. AYES: NOES: ABSTAIN: ABSENT: DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY Agenda Item No. 12 Page 11 of 77 STATEOF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 28th day of October 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: CAROL COWLEY INTERIM CITY CLERK Agenda Item No. 12 Page 12 of 77 RESOLUTION NO. 2008-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 36066 FOR THE GREENWALD COMMERCIAL CENTER WHEREAS, Ed Sauls, of The Sauls Company (the "Developer"), filed an application with the City of Lake Elsinore requesting approval of Tentative Parcel Map No. 36066 ("the Subdivision"), in conjunction with the improvements that are proposed by Conditional Use Permit No. 2008-01 ("the CUP") and by Commercial Design Review No. 2008-01 ("the Design"); and WHEREAS, the Developer proposes the project on a 13.9= acre site located on the north side of Greenwald Avenue, at the northeast corner of the City of Lake Elsinore, directly adjacent to the City of Canyon Lake and its North Gate, and known as Assessor's Parcel No. 349-290-009 (the "Site"); and WHEREAS, the Design Review includes design details for 98,587 square foot neighborhood shopping center in six buildings; and WHEREAS, the Planning Commission of the City of Lake Elsinore has recommended to the City Council approval of Tentative Parcel Map No. 36066; and WHEREAS, public notice of the Subdivision has been given, and the City Council has considered evidence presented by the Planning Commission, Community Development Department and other interested parties at a public meeting held with respect to this item on October 28, 2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed design for the Greenwald Commercial Center and related amenities prior to making a decision and has found them acceptable. SECTION 2. The City Council has considered Mitigated Negative Declaration No. 2008-07 and the Mitigation Measures appertaining thereto. Mitigated Negative Declaration No. 2008-07 was prepared pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. Appropriate findings were made, and the City Council adopted Mitigated Negative Declaration No. 2008-07. SECTION 3. That in accordance with the Subdivision Map Act and the City of Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Tentative Parcel Map No. 36066: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the goals and objectives, policies, general land Agenda Item No. 12 Page 13 of 77 uses, and programs specified in the General Plan (Government Code Section 66473.5). The General Plan and Zoning Map designate the site for Neighborhood Commercial. Subdividing the commercial site into five ownership parcels is a common and acceptable practice. The proposed project and its uses are consistent with the goals and objectives of the General Plan in providing suitable commercial opportunities for its residents. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. The General Plan calls for neighborhood commercial development in this area, to serve local residents of Tuscany Hills, the City of Canyon Lake, and the surrounding rural residential homes in the County. Buffer areas for landscaping have been provided. Access to adjacent residential properties have been included in the design for pedestrian, vehicular, and golf carts as well as an equestrian access to possible trails to the north. 3. The effects that this project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. a. The subdivision is consistent with the City's General Plan. During the approval of the City's General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. b. The subdivision has been conditioned to annex into the Public Safety and Maintenance . Services Mello-Roos Community Facilities District (CFD) to offset the annual negative fiscal impacts of the project. 4. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. The subdivision is conditioned to comply with all development standards of the C-1 Neighborhood Commercial Zone. These standards have been prepared and reviewed to benefit the public health, safety and welfare. 5. The design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. a. All known easements or requests for access have been examined and incorporated into Tentative Parcel Map No. 36066. b. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval during construction. Agenda Item No. 12 Page 14 of 77 SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached to the Resolution approving Commercial Design Review No. 2008-01, the City Council hereby approves Tentative Parcel Map No. 36066. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this twenty-eighth day of October 2008. AYES: NOES: ABSTAIN: ABSENT: DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY INTERIM CITY CLELRK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY Agenda Item No. 12 Page 15 of 77 STATEOF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 28th day of October 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: CAROL COWLEY INTERIM CITY CLERK Agenda Item No. 12 Page 16 of 77 L: afl :I , 'I' Ji : ii' illll lll'i! ,III , . , ! Ii , . Ii 'I " '. I;, " III f~ '" ~m ,". .51 III L!i I. ~," I el',Hi . II I' I ~jlll : ",I I ! I 'I : IIII I ~ 1 ~, I <I <I ! ~z-i' Agenda t I 2 7 I r;: i I L ~ ~ ~ n ~~ h ~ UH< ..~~ ~"~~.~~h~ ~~I~iHI~ir I@ ii' I ; I ., f Inh f I Ii! I j ~ ,ilL, I'll" I Ilj:iiIl111 "I'" . "n i !ll-Ili 1~11!!le! ~ mdlnlndlilli!II&ii!I!UI, ~ 1111;11'1111 ilm!l!!llj'dll!:!!::!J IIIIIIIM:. Idllill!!illil ~ ..~...............tll d:l"l!lI'lIllllll11tl 1@] 1!8 I ~ ~ hi i h iil i II ~~i d~i' ~~.~~~i ~tie",~",,! i'" .. ~,......-\- .:-.~ :: ~ Ji I - co <:::> <:::> ..... <=> M 0- l.U en UJ O:::z 00 z_ ......U'J U'J_ ....I> UJ_ UJCl ::'::(9 :5~ u..Z oZ i; u I 3, & I II Ii' !i ! ,II r G ~1 ;I! Irl! ~ i i9i II! l!li ill j ( 'I' -"11 < '. , I -i'-~ "i ~ .\H ."1 ~e~ ~'l:. ci <U... <<c. :;: e III Q"'- ~t;; E: ~ ~s'~ I lei8~ f!-r 0.. 11/ ,,1L5 ~ ~~:! ii" ;/0 ~:l g": ~h~ · ~ e~ l!? Ii . . ~S!l~.1 " ~ I m' II U . III 11 I)' I, !! ~ill! ! 'I :1'1.. i Ii! 1~lli : I!. ~lr I, : !L iI i ! II .,.r 1 ~i III, I Ill! I 1 I, I ,01 <I <I I I ~Z-i' Agenda' p I em No. 2 e 18 of 7 I RESOLUTION NO. 200S-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 200S-01 FOR THE GREENWALD COMMERCIAL CENTER WHEREAS, Ed Sauls, of The Sauls Company (the "Developer"), filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2008-01 (the "Design Review") for the improvements that are proposed in conjunction with Conditional Use Permit No. 2008-01 (the "CUP") and Tentative Parcel Map No. 36066 (the "Subdivision"); and WHEREAS, the Developer proposes the project on a 13.9.:t acre site located on the north side of Greenwald Avenue, at the northeast corner of the City of Lake Elsinore, directly adjacent to the City of Canyon Lake and its North Gate, and known as Assessor's Parcel No. 349-290-009 (the "Site"); and WHEREAS, the Design Review includes design details for a 98,587 square foot neighborhood shopping center in six buildings; and WHEREAS, the Planning Commission of the City of Lake Elsinore has recommended to the City Council approval of Commercial Design Review No. 2008- 01; and WHEREAS, public notice of the project has been given, and the City Council has considered evidence presented by the Planning Commission, Community Development Department and other interested parties at a public meeting held with respect to this item on October 28, 2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed design for the Greenwald Commercial Center and related amenities prior to making a decision and has found them acceptable. SECTION 2. The City Council has considered Mitigated Negative Declaration No. 2008-07 and the Mitigation Measures appertaining thereto. Mitigated Negative Declaration No. 2008-07 was prepared pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. Appropriate findings were made, and Mitigated Negative Declaration No. 2008-07 provides the necessary environmental clearance for the Design Review. SECTION 3. That in accordance with Section 17.74 of the City of Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Commercial Design Review No. 2008-01: Agenda Item No. 12 Page 19 of 77 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the site is located. The General Plan and Zoning Map designate the site for Neighborhood Commercial. The proposed project and its uses are consistent with the goals and objectives of the General Plan in providing suitable commercial opportunities for its residents: 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the MuniCipal Code. The purpose of the design review process is to ensure that new development occurs enhances the character and quality of surrounding properties. The project was reviewed as to scale, relationships to buildings and surrounding uses, and architectural treatment to ensure that it visually contributes to the area. Buffer areas for landscaping have been provided. Access to adjacent residential properties have been included in the design for pedestrian, vehicular, and golf carts as well as an equestrian access to possible trails to the north. 3. Conditions and safeguards pursuant to Section 17.82.070 including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the C-1 Zone.. The project has been conditioned to comply with the development standards of the C1-Neighborhood Commercial zone, as well as other requirements within the Municipal Code that address compatibility with adjacent uses. SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached, the City Council hereby approves Commercial Design Review No. 2008-01. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. Agenda Item No. 12 Page 20 of 77 PASSED, APPROVED AND ADOPTED on this seventh day of October 2008. AYES: NOES: ABSTAIN: ABSENT: DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY Agenda Item No. 12 Page 21 of 77 STATEOF CALIFORNIA ) COUNTY OF RIVERSIDE )5S. CITY OF LAKE ELSINORE ) I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No.. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 28th day of October 2008, and that the same was adopted by the fol/owing vote: AYES: NOES: ABSENT: ABSTAIN: CAROL COWLEY INTERIM CITY CLERK Agenda Item No. 12 Page 22 of 77 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01. TENTATIVE PARCEL MAP NO. 36066, & CONDITIONAL USE PERMIT NO. 2008-01. FOR THE "GREENWALD COMMERCIAL CENTER." on APN 349-290-009. PLANNING DIVISION 1. The approval of this project will lapse and be void unless a building permit is issued within two (2) years of approval. The applicant may request an extension of time by submitting an application and required fees a minimum of one (1) month prior to the expiration date. The Director of Community Development may grant an extension of time for up to one (1) year prior to the expiration of the initial Design Review. ' 2. Tentative Parcel Map No. 36066 will expire with the expiration of Commercial Design Review 2008-01. In accordance with the Subdivision Map Act (SMA), a final map shall not be filed with the County Recorder, or an extension of time granted by the City if the applicant allows the design review approval to expire. 3. Tentative Parcel Map No. 36066 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (Title ,16), unless modified by approved Conditions of Approval. , 4. Conditional Use Permit No. 2008-01 will expire with the expiration of Commercial Design Review No. 2008-01 or Tentative Parcel Map No. 36066. CUP No. 2008-01 allows for the design of the project to include architectural towers that exceed the maximum height in the C-1 Neighborhood Commercial Zone. CUP No. 2008-01 also allows for the development to include a gas dispensing establishment with drive-through mini-mart, and outdoor patio dining in conjunction with a restaurant, as shown on the apProved site plan for the Greenwald Commercial Center. 5. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents, concerning the proj~ct attached hereto. 6. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this project by the City Council. The applicant shall forWard to the Planning Division secretary, a check made payable to the Riverside County Clerk, in the amount of $1 ,876.75 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. 7. The applicant shall comply with the Mitigation Monitoring & Reporting Program (MMRP) adopted for this project.' Page 1 of 22 Agenda Item No. 12 Page 23 of 77 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01. TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01. FOR THE "GREENWALD COMMERCIAL CENTER," on APN 349-290-009. a. At least thirty (30) days prior to grading permit the applicant shall contact the appropriate Tribe to notify the Tribe of grading, excavation, and the monitoring program, ~nd to coordinate with the City and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement, in accordance with mitigation measure CR-1 of the Mitigation Monitoring and Reporting Program (Mf)I1RP) for the project. b. Prior to the issuance of any grading permit, the project archaeologist shall file a pre-grading report with the City to document the proposed methodology for grading activity observation, in accordance with mitigation measure CR-2 of the MMRP for this project. c. If human remains are encountered during grading and other construction excavation, work in the immediate vicinity shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code Section 7050.5. d. Truck deliveries and hours of operation at all buildings within Parcel 4 shall be limited to the daytime hours between 7 a.m. and 10 p.m. to mitigate noise impacts to adjacent residences. e. Applicant shall construct an eight-foot (8') high noise barrier along the eastern property line of ,the project. f. Applicant shall construct a five-foot (5') high parapet wall as a noise barrier around all roof-mounted air conditioning units for all buildings in Parcel 4. Applicant shal,l architecturally screen all roof-mounted equipment on all buildings on the site for aesthetic purposes. g. Lighting on the site shall be shielded and selectively placed to avoid shining onto residential properties and the conservation areas onsite. , h. Applicant shall participate in construction of off-site improveme!1ts through fees, the TUMF program, TIF program, assessment district, and/or fee credit agreements for the following: 1) Traffic signal at the intersection of Greenwald Avenue and Scenic Crest Drive. " 2) Traffic signal at t~e intersection of Summerhill Drive and Greenwald Avenue. , Page 2 of 22 Agenda Item No. 12 Page 24 of 77 CONDITIONS OF APPROVAL FO'R COMMERCIAL DESIGN REVIEW NO. 2008-01. TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01. FOR THE "GREENWALD COMMERCIAL CENTER." oniAPN 349-290-009. i. All other Measures as, specified in the adopted Mitigation Monitoring and Reporting Program forthis project. 8. The applicant shall fund the implementation of the MMRP through every stage of development. The City shall' appoint an environmental monitor who shall periodically inspect the project site. the documents submitted by the applicant, the permits issued, and any other! pertinent material, in order to monitor and report compliance to the City until the ~ompletion of the project. 9. All site improvements shall be constructed as indicated on the approved site plan and building elevations or as specified by these Conditions of Approval. Any other revisions to the approved exhibits shall be subject to the review and approval of the Director of Community Development or his designee. a. Trash enclosure locations shall be acceptable to the trash hauler that will service the site. Should relocations as shown on the approved site plan be necessary, the applicant shall notify the City and obtain the approval of the Director of Community Development. b. Special attention shall be given to the trash enclosure visible from Greenwald Avenue, which shall be designed with architectural elements used on the building constructed on Parcel 1, and/or the architectural elements used on the monument signs for the Center. The applicant shall submit design plans du~ing the Minor Design Review process for Parcel 1. , c. The Lake Elsinore Municipal Code Section 17.66.050 requires that any unit space in a commercial building that exceeds 20,000 square feet in , size provide a loading area larger than those shown on the site plan. In the event that a tenant imwovement application is submitted to the City that allows a unit size in excess of 20,000 square feet, the applicant shall modify the site plan to provide the appropriate loading area for the tenant. d. Identify loading space(s) to service the building on Parcel 5 during the Minor Design Review process. . , e. The Parcel 1 drive-through order board shall be as close to the service pick up window as possible to prevent vehicle stacking from encroaching upon the gas dispensing drive aisles. f. Parking spaces shall ~omply with the Municipal Code. The "Typical Page 3 of 22 Agenda Item No. 12 Page 25 of 77 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01, TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01, FOR THE "GREENWALD COMMERCIAL CENTER." on APN 349.290-009. Parking Space at Top.of Slope" depicted on the site plan does not comply and shall be removed.! , 10. In the event that off-site faciliti~s proposed to be built by adjacent development are not fully constructed and operational, the developer shall install such facilities, including the wildlife undercrossing (two eight-foot box culverts) under .Greenwald Avenue, during grading operations for the site. 11. The developer shall submit for:review and approval by the Director of Community Development a new parking 'analysis and shuttle program to off-site parking facilities in the event that uses are proposed for the buildings not listed on the Parking Tabulation table, such as (but not limited to): auditoriums, churches, theaters, places of assembly, bowling alleys, clubs, discos, ballrooms, dance halls, I lodges, game courts, and schools. . 12. All lots shall meet the minimum setback requirements and must comply with the Development Standards for the C-1 Neighborhood Commercial zone in the Lake Elsinore Municipal Code. 13. Applicant shall submit for review and approval by the Director of Community Development prior to the issua:nce of any permits a minor design review (MDR) application for any and all buildings on the site. The MDR shall implement the elevations, exterior finishes, images and perspectives approved for the project, unless modified by the applicant and approved by the Director of Community Development. . 14. Applicant shall meet all Amerdn with Disabilities Act requirements for access to all buildings in the project. ' 15. This project lies within Project Area No.2, Area D of the Redevelopment Agency Project Area Map. . 16. The developer shall comply with: Chapter 17.78 Noise Control of the Lake Elsinore Municipal Code. In addition, construction shall be limited to the hours of 7 a.m. to 5 p.m. Monday through Friday.' No construction activity shall be allowed on Saturdays, Sundays or legal holidays. It is the developer's responsibility to ensure that contractors and subcontractors at the project site comply on his behalf. 17. The applicant shall place a weatherproof 3' X 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of : Page 4 of 22 Agenda Item No. 12 Page 26 of 77 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01, TENTATIVE PARCEL MAP NO. 36066, & CONDITIONAL USE PERMIT NO. 2008-01, FOR THE "GREENWALD COMMERCIAL CENTER," onAPN 349.290-009. , I Lake Elsinore Code Enforcement Division (951) 674-3124. The sign shall be placed on the property prior to the issuance of a grading permit or building permit. I 18. Upon violation by the applicant of the City's Noise Ordinance or the Condition of Approval regarding hours of construction, the applicant shall cease all construction activities and shall be permitted to recommence such activities ,only upon depositing with the city a $5,000 case deposit available to be drawn upon by the City to fund any future law en(orcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Conditions of Approval. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 19. The applicant shall provide to the Director of Community Development within thirty (30) days of map approval, a final approved version of Tentative Parcel Map No. 36066 and a final approved version of the site plan for Commercial Design Review No. 2008-01 in digitized format. 20. The applicant shall sign and ietum an "Acknowledgment of Conditions" to the Community Development Department within 30 days of project approval by the City Council. ' PRIOR TO FINAL PARCEL MAP: 21. A precise survey with closures f~:>r boundaries and all lots shall be provided per the LEMC. 22. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake, Elsinore. 23. If the developer chooses to phase the final map, he shall comply with the SMA, and shall comply with the final approved Phasing Plan associated with this map and as revised by these Conditions of Approval. 24. Prior to final map approval, the applicant shall initiate and complete the formation of a property owners' association approved by the City, recorded and in place. All Association documents shall be ,reviewed and approved by the City and recorded, such as the Articles of Incorporation and Covenants, Conditions and Restrictions (CC & R's). The POA shall be, responsible for the maintenance of all common areas, open space areas, slopes, drive aisles and streets, parking spaces, landscaping and maintenance e'asement areas within the project. The POA shall maintain or shall coordinate with the appropriate agency approved by the Director Page 5 of 22 Agenda Item No. 12 Page 27 of 77 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01. TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01, FOR THE "GREENWALD COMMERCIAL CENTER," on APN 349-290-009. of Community Development or his designee, for such maintenance. a. b. c. d. e. f. g. h. i. In the event that the Property Owners' Association fails to meet its responsibilities with regards to the maintenance of open space areas, the City's Lighting, Landscaping and Maintenance District shall automatically provide such maintenance and assess the POA for such service. CC&Rs shall prohibit roof-mounted microwave satellite antennas unless they are architecturally screened from view. The CC&Rs shall expressly designate the City of Lake Elsinore as a Third party beneficiary to the CC&Rs such that the City has the right, but not the obligation, to enforce the provisions of the CC&Rs. The CC&Rs shall designate the property owners' association as the entity responsible for maintenance, repair, irrigation, and stability of all slopes, trails and landscaping within the common area as such term is defined in the CC&Rs. The CC&Rs shall require reciprocal access easements by and between all property owners for the use of all driveways, drive aisles and parking spaces. The CC&Rs shall define and limit appropriate use of driveways, drive aisles, and landscape areas surrounding buildings. The CC&Rs shall restrict illuminated sign age that face residential property to the north and east. Non-illuminated signage is permissible. The CC&Rs shall require replacement of cloth awnings or canopies when they are weathered, faded or torn. The CC&Rs shall state that property owners and/or tenants shall not oppose a City mitigation measure limiting the driveway on Parcel 1 for right-in/right-out access only, including the installation of a landscaped median, at such time when the traffic condition is warranted. The POA shall comply with and bear the cost of modifications to meet this requirement if imposed by the City. 25. All lettered lots shall be owned and maintained by the POA or other entity approved by the Director of Community Development and so noted on the Final Map. As an Page 6 of 22 Agenda Item No. 12 Page 28 of 77 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01. TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01. FOR THE "GREENWALD COMMERCIAL CENTER." on APN 349-290-009. alternative Dowling Street may be offered for dedication and accepted by the City. PRIOR TO GRADING AND BUILDING PERMITS: 26. These Conditions of Approval shall be reproduced upon Page One of the Building Plans prior to their acceptance by the Building Division. 27. All lots shall comply with building codes in effect at the City. 28. Should the applicant phase construction, he shall submit for review and approval by the Director of Community Development, Fire Department, Building and Engineering Divisions, a Phasing Plan which shows primary, secondary and construction access for each phase of the project. Before combustible materials are brought to the site, the applicant shall provide two points of access acceptable to the Riverside County Fire Department. 29. Prior to the issuance of a grading permit, the applicant shall have'a qualified biologist conduct a focused burrowing owl survey within 30 days prior to any ground-disturbing activities at the site, and shall submit the report to the Community Development Department. 30. Prior to the issuance of a building permit, the applicant shall pay the City's Multiple Species Habitat Conservation Plan Local Development Mitigation Fee in effect at that time. 31. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 50, wherein the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. 32. The applicant shall provide connection to public sewer for each lot within the subdivision. Service laterals shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD). No service laterals shall cross adjacent property lines unless approved by EVMWD and the City Building Division. 33. All storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. 34. The developer shall submit plans to the electric utility company to layout the street Page 7 of 22 Agenda Item No. 12 Page 29 of 77 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO~ 2008-01, TENTATIVE PARCEL MAP NO. 36066, & CONDITIONAL USE PERMIT NO. 2008-01, FOR THE "GREENWALD COMMERCIAL CENTER," on APN 349-290-009. lighting system. The cOst of street lighting, installation, and energy charges shall be the responsibility of the developer and/or the Association until streets are accepted by the City. Said plans shall be approved by the City and installed in accordance with City Standards. 35. The applicant shall meet all requirements of the providing electric utility company. 36. The applicant shall meet all requirements of the providing gas utility company. 37. The applicant shall meet all requirements of the providing telephone utility company. 38. A bond is required guaranteeing the removal of all trailers used during construction. 39. Prior to the issuance of a building permit for the installation on any sign including the entry monument sign shown on the site plan, the applicant shall submit for review and approval by the Planning Commission a Sign Program to be used uniformly by all tenants in the center. 40. Construction Landscape Plans and Irrigation Details for the project is required. These drawings shall be submitted to the Planning Division along with a cost estimate for review and approval by the City's Landscape Architect and the Director of Community Development or his designee prior to issuance of building permits. A Landscape Plan Check Fee and Inspection Fee shall be paid for the entire project at the time of submittal. Construction Landscape Drawings shall NOT be included in plancheck submittals to the Building Division. a. Plans shall include vegetative screening of any retention basins and service roads. b. The applicant shall install street trees a maximum of thirty feet (30') apart, and at least twenty-four inch (24") box in size. c. The plans 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 shall be used to prevent excessive watering. d. Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). Page 8 of 22 Agenda Item No. 12 Page 30 of 77 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO: 2008-01. TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01. FOR THE "GREENWALD COMMERCIAL CENTER," on APN 349-290-009. e. Planters within the project site may range in width, with a minimum size of six- inches to accommodate ivy or other vines adjacent to walls. f. The 15-foot planter containing the mUlti,purpose trail along the east boundary of the project site shall provide openings and curb cuts to enable access to both the northern and southern drive aisles that circulate through Parcel 4. g. Self-adhering vines shall be installed on all trash enclosure walls. h. The proposed trees along the frontage of the buildings shall provide as much shade as possible. Palms with fan-shaped fronds shall be replaced with feathered fronds or deciduous canopy .trees. Tree wells with large-canopied trees shall be added throughout the walkways. i. The applicant shall provide at the concrete boulder steps, planters, shrubbery and large potted plantings as shown on the approved architectural drawings entitled "Perspectives." Canopy trees shall be planted nearby to provide shade. . j. The following plant or tree species shall be removed from the conceptual landscape exhibit and shall not be used on the Construction Drawings: 1) Holly Oak 2) Mexican Palo Verde 3) Sunburst Lantana 4) Sea Lavender k. Furniture in the public areas shall be shown on construction drawings to include benches, trash containers, and bicycle racks conveniently scattered throughout the site. I. The center strip between parking stalls in the parking lot south of the building on Parcel 5 shall be fully landscaped with shrubs, flowers, groundcover and trees. However, the center strip along the center drive aisle at the west end of Parcel 3 shall retain the pedestrian walkway that provides access from Greenwald Avenue to both the building in Parcel 3 as well as the. building in Parcel 2. Shade trees' and groundcover shall also be provided as shown, either adjacent to the walkway or in planter diamonds. m. All planter boxes shall provide a minimum interior width and length of four feet. 41. Any alterations to the topography, ground surface, or any other site preparation Page g of 22 Agenda Item No. 12 Page 31 of 77 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01, TENTATIVE PARCEL MAP NO. 36066, & CONDITIONAL USE PERMIT NO. 2008-01, FOR THE "GREENWALD COMMERCIAL CENTER," on APN 349-290-009. activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 42. A detailed wall and fencing plan shall be required for review and approval prior to construction. a. All walls visible to the public shall be constructed of stucco, slumpstone, sand, Spanish lace or smooth or flat finish stucco, or other decorative architectural materials approved by the Director of Community Development to match adjacent buildings. b. All theme walls are required to be coated with anti-graffrti paint. c. Fencing on slopes shall be tubular steel or wrought iron. d. Any tubular steel view fencing installed along public access trails shall be of industrial-grade material for safety purposes. e. Retaining walls may be limited in height to avoid a massive or imposing view. An acceptable method of compliance is to have two or more wall systems separated by landscaping. f. A project perimeter wall need not be constructed where slopes or open space areas limit its function to separate the center from sensitive receptors. However, particular attention shall be given to areas adjacent to residential uses where proximity or views require screening or buffer. Masonry walls shall be installed to separate parking lots and drive aisles from adjacent residential uses. PRIOR TO FINAL APPROVAL 43. At least thirty (30) days before requesting a final inspection, the applicant shall execute a Faithful Performance Bond and Agreement for the proper maintenance of landscaping and irrigation systems for one year following the approval of the last certificates of occupancy. The bond shall cover ten percent (10%) of the actual cost of labor, equipment and material as shown on the approved Cost Estimate. Page 10 of 22 Agenda Item No. 12 Page 32 of 77 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01. TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01. FOR THE "GREENWALD COMMERCIAL CENTER." on APN 349-290-009. ENGINEERING DIVISION General Requirements: 44. A grading plan signed and stamped by a Calif. Registered Civil Engin~er shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained in order that a cursory drainage and flow pattern inspection can be conducted before grading begins. 45. Prior to commencement of grading operations, applicant shall provide to the City 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. 46. 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. 47. Phasing Plan shall be approved by the City Engineer. 48. An Encroachment Permit shall be obtained prior to any work on City right-of-way. 49. 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. Overhead utilities shall be undergrourided. 50. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 5!. The applicant shall obtain any necessary County, City of Canyon Lake, and/or Canyon Lake POA permits for any work within their respective jurisdictions. 52. Arrangements for golf carts or trail access from Canyon Lake Property Owners' Association property to this project shall be the responsibility of the developer. The City of Lake Elsinore does not allow golf carts on City streets unless they are considered 'street legal' and both the cart and driver meet Department of Motor Vehicles requirements. 53. The applicant shall install permanent bench marks per Riverside County Standards on Greenwald Avenue and other locations to be determined by the City Engineer. Page 11 of 22 Agenda Item No. 12 Page 33 of 77 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01. TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01. FOR THE "GREENWALD COMMERCIAL CENTER," on APN 349-290-009. 54. The applicant shall install blue dot markers at Fire Hydrant locations per Riverside County Standards. 55. Provide fire protection facilities as required in writing by Riverside County Fire. 56. The applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF and area drainage fees. 57. The ten-year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities shall be provided. 58. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 59. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Yz" x 11" Mylar) shall be submitted and approved by the Engineering Division before final inspection. of public works improvements can be scheduled. 60. Slope maintenance along right-of-ways and open spaces shall be maintained by a property owner's association or other maintenance mechanism approved by the City. 61. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clearing and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR&R Inc. for recycling and storage container services. However, the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 62. 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. 63. The applicant shall protect all downstream properties from damages caused by alteration of the drainage patterns, Le., concentrations or diversion of flow. Protection shall be provided by constructing adequate on-site drainage facilities Page 12 of 22 Agenda Item No. 12 Page 34 of 77 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01. TENTATIVE PARCEL MAP NO.3BOBB. & CONDITIONAL USE PERMIT NO. 2008-01. FOR THE "GREENWALD COMMERCIAL CENTER." on APN 349-290-009. 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 pem\ission to grade and/or a permission to drain letter from the affected landowner. 64. The applicant shall comply with all NPDES. requirements in effect, including the submittal of a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 65. Education guidelines and Best Management Practices (BMP) shall be provided to tenants of the development in the use of herllicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMP in Supplement "An in the Riverside County NPDES Drainage Area Management Plan. (Required for a lot of one 'acre or more) 66. The applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for a lot of one acre or more) 67. The City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances orohibit the discharge of waste into a storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm Water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into streets, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver - is strictly prohibited by local ordinances and state and federal law. 68. Interior streets, road and trail easements, and drainage facilities within .this project shall be privately maintained. A maintenance mechanism shall be approved by the City. 69. The developer shall construct the traffic improvements on Greenwald Avenue and the traffic circulation improvements onsite, as discussed in Section 7.0 of the Traffic Impact Analysis prepared for this project by Urban Crossroads and dated June 3, 2008. In addition the developer shall pay the fair share costs of the off-site improvements at the intersections of Greenwald and Scenic Crest Drive, and Greenwald and Summerhill Drive. Page 13 of 22 Agenda Item No. 12 Page 35 of 77 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01. TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01. FOR THE "GREENWALD COMMERCIAL CENTER," on APN 349-290-009. Prior to Approval of final Map, unless other timing is indicated, the subdivider shall complete the following or have plans submitted and approved, agreements executed and securities posted: 70. The developer shall dedicate right-of-way and construct street improvements on Greenwald Avenue, along the property frontage, per City's General Plan (part- width improvements). The improvements include AC pavement, curb and gutter, sidewalk, offsite AC transitions, street lighting, and signing and striping, 28' transition lane with rolled curb and trail improvements to CLPOA property. The signing and striping plans shall be submitted separately from the street improvement plans. . 71. The subdivider shall preserve existing access, slope, and/or utility easements and shall ensure that exercising easement rights within the project are achievable. 72. The developer shall provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 73. The applicant shall submit traffic control plans for the required street improvements and plans for on-site signing/striping of the project. All signing and striping and traffic control devices shall be installed prior to final inspection of public improvements. This includes Street Name Signs and No Parking Signs for streets within the project. 74. A Calif. Registered Civil Engineer shall prepare the street and traffic improvement plans. Improvements shall be designed and constructed to Riverside Cqunty Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 75. Dowling Street shall be improved per City Standards and shall be offered for dedication to the City. However, the City may not accept the dedication until such time when the City determines that it would be to the City's best interest to make Dowling Street a public street. 76. The applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 77. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 78. The applicant shall make an offer of dedication for all public streets and easements Page 14 of 22 Agenda Item No. 12 Page 36 of 77 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01, TENTATIVE PARCEL MAP NO. 36066, & CONDITIONAL USE PERMIT NO. 2008-01. FOR THE "GREENWALD COMMERCIAL CENTER," on APN 349-290-009. required by these conditions or as shown on the Map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City. 79. All Public Works improvements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. The improvements shall include street and drainage improvements, street lighting, and associated traffic improvements related to the project. Prior to Issuance of a Grading Permit: 80. The developer shall submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. The developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 81. A portion of the project is in the jurisdictional streambeds or wetlands. If necessary, permits from Federal or State agencies shall be provided to the City. 82. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that minimize sight distance standards. 83. A multipurpose trail shall be provided on thE! existing easement at the easterly side of the project. The developer shall coordinate with the Canyon Lake Property Owners Association (CLPOA) in providing the improvements that connects the trail from the project to the CLPOA property. 84. Construction Project access and hauling route shall be submitted to and approved by the City Engineer. 85. The onsite driveway on Parcel 1, closest to Greenwald Avenue, may be considered for right-in/right-out access only including a landscaped median installed. The developer shall not oppose City mitigation for such access requirement at a time when the traffic condition is warranted. CC&Rs approved for this project shall contain this requirement. 86. The developer shall provide temporary grading on the offsite portion of Dowling Street to make it accessible to the adjacent properties to the north. In accordance with the MSHCP, the applicant shall amend his approved LEAP document or submit a new LEAP application in compliance with MSHCP requirements for "covered activities." As an alternative the applicant shall redesign the terminus of Dowling Street and construct all improvements onsite to the satisfaction of the City. Page 15 of 22 Agenda Item No. 12 Page 37 of 77 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01. TENTATIVE PARCEL MAP NO. 36066, & CONDITIONAL USE PERMIT NO. 2008-01, FOR THE "GREENWALD COMMERCIAL CENTER." on APN 349-290-009. A cash bond in lieu of improvements is required for the ultimate improvements of the remaining unimproved portion of Dowling Street. 87. The developer shall provide soils, geology and seismic report inclUding street design recommendations. The developer shall. provide final soils report showing compliance with recommendations. 88. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 89. The applicant shall obtain all necessary off-site easements and/or permits for off- site grading and/or drainage acceptance from and to the adjacent property owners prior to grading permit issuance. 90. The applicant shall provide erosion control measures as part of their grading plan. The applicant shall contribute to protection, of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 91. The applicant shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. 92. An approved WQMP plan shall be provided. Prior to Issuance of Building Permit 93. Unless other arrangements are approved by the City, 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. 94. The developer shall submit a 'Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location. such as water pressure and volume etc. The developer shall submit this letter prior to applying for a building permit. 95. No structures, landscaping, or equipment shall be located near the project Page 16 of 22 Agenda Item No. 12 Page 38 of 77 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01. TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01. FOR THE "GREENWALD COMMERCIAL CENTER." . on APN 349-290-009. entrances that compromise sight distance requirements. 96. The developer shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 97. The developer shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 98. All compaction reports, grade certifications..monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to and approved by the Engineering Division before final inspection of off-site improvements can be scheduled. 99. All easements (access, slope, drainage, utilities, etc.) that are granted to adjacent property owners, utilities and/or the City shall be completed and recorded prior to 1Sloccupancy. . 100. All public improvements shall be completed in accordance with the approved plans or as conditions of development to the satisfaction of the City Engineer. 101. All signing and striping and traffic control devices shall be installed. This includes signing and striping onsite and on Greenwald Avenue. 102. The developer shall have completed all traffic improvements and paid his fair share contributions to off-site improvements as concluded in the Traffic Study. (Urban Crossroads, June 3, 2008). 103. Water and sewer improvements shall be completed in accordance with Water District requirements. 104. Proof of maintenance responsibility and acceptance shall be provided for all open space, slopes, and drainage facilities outside of the public right-of-way. 105. TUMF fees shall be paid. The TUMF fees.shall be the effective rate at the time when the Certificate of Occupancy is obtained. 106. The applicant shall submit as-built plans and shall be responsible for revising the Mylar plans. A digital copy of all completed public improvement plans shall be Page 17 of 22 Agenda Item No. 12 Page 39 of 77 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008~1. TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008~1. FOR THE "GREENWALD COMMERCIAL CENTER," on APN 349-290~09. provided. A bond (amount to be determined by the City Engineer) is required to guarantee compliance with this requirement. PARKS AND RECREATION DEPARTMENT - None. DEPARTMENT OF ADMINISTRATIVE SERVICES Particioate in Public Safety and Maintenance Services CFD 107. Prior to approval of the Final Map, Parcel MC!p, Site Development Plan, or Special Use Permit or building permit (as applicable)~ the applicant shall participate in the Public Safety and Maintenance Services Mello-Roos Community Facilities District (CFD) to offset the annual negative fiscal impacts of the project. The applicant shall make a four thousand two hundred dollar ($4,200) non-refundable deposit to cover the cost of the legal process to participate in the CFD. Contact Dennis Anderson, Harris & Associates at (949) 655-3900 x334 or danderson@harris- assoc.com. RIVERSIDE COUNTY FIRE DEPARTMENT With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: THESE CONDITIONS ARE FOR A SHELL BUILDING ONLY. 108. Shell building will receive a shell final only. No Certificate of Occupancy (human occupant and/or materials) will be issued until the building occupant has been identified with their occupancy classificatio(l and have been conditioned by Lake Elsinore Fire Services. Occupant or tenantidentification is imperative for orderly and prompt processing. Upon identification of the occupant or tenant a Fire Protection Analysis report maybe required prior to establishing the requirements for the occupancy permit. Failure to provide a comprehensive data analysis andl or technical information acceptable to the F;ire Department may result in project delays. A complete commodity listing disclosing type, quantity, level of hazard and potential for "Reactivity" must be provided. The forgoing is necessary to properly classify the building{s). Failure to provide comprehensive data and/or high technical information, will result in project delay and requirement for a complete Fire Protection study for review. Page 18 of 22 Agenda Item No. 12 Page 40 of 77 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01, TENTATIVE PARCEL MAP NO. 36066. & CONDITIONAL USE PERMIT NO. 2008-01. FOR THE "GREENWALD COMMERCIAL CENTER." on APN 349-290-009. HAZARDOUS FIRE AREA 109. This project is located in the "Hazardous fire Area" of Riverside County shown on a map on file with the Clerk of the Board of Supervisors. Any building constructed within this project shall comply with the special construction provision contained in the Riverside County Ordinance 787.3. ROOFING MATERIAL 110. All buildings shall be constructed with class B roofing materials as per the California Building Code. BLUE DOT REFElECTOR 111. Blue retro reflective pavement markers shi'lll be mounted on private street, public streets And driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by lake Elsinore Fire Services. MIN REQ FIRE FLOW 112. Minimum required fire flow shall be 2750 GPM for 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Fire f1owi:is based on type V-B construction per the 2007 CBC and building(s) having a fire sprinkler system. SUPER FIRE HYDRANT 113. The average spacing between Super fire hydrant(s) (6" x 4" x 2 Y:z"x 2 Yo ") shall not exceed 400 feet between hydrants and have a maximum distance of 225 feet from any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. ON/OFF LOOPED HYDRANTS 114. A combination of on-site and off site super fire hydrants, on a looped system with the average spacing between Super fire hydrant (s) (6" x 4" x 2 Yo" x 2 Yo ") shall not exceed 400 feet between hydrants and have a maximum distance of 225 feet from any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrants(s) in the system. Page 19 of 22 Agenda Item No. 12 Page 41 of 77 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01. TENTATIVE PARCEL MAP NO. 36066, & CONDITIONAL USE PERMIT NO. 2008-01, FOR THE "GREENWALD COMMERCIAL CENTER." on APN 349-290-009. TANK PERMITS 115. The applicant and/or developer shall be responsible for obtaining under/aboveground fuel, chemical and mixed liquid storage tank permit, from the Lake Elsinore Fire Services and Environmental Health Departments. Plans must be submitted for approval prior to installation. Aboveground fuel/mixed liquid tank(s) shall meet the following standards:.. Tank must be tested and labeled to UL2085 Protected Tank Standard or SwR/ 93-01. The test must include the Projectile Penetration Test and the Heavy Vehicle Impact Test. A sample copy of the tank's label from an independent test laboratory must be included with your plans. RAPID ENTRY BOX 116. Rapid entry key storage box shall be instal.led outside of each building. Plans shall be submitted to the Lake Elsinore Fire Services for approval prior to installation. Applications are available form the Lake Elsinore Fire Prevention office in City Hall. WATER PLANS 117. The applicant or developer shall separately submit two copies of the water system plans to the Fire Department for review. Plans shall conform 19 the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following;certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Lake Elsinore Fire Services." BLDG PLAN CHECK 118. Building plan check deposit fee shall be paid by check or money order to the City of Lake Elsinore before plans have been approved by our office. WATER CERTIFICATION 119. The applicant or developer shall be responsible to submit written certification from the water company noting the location of the existing fire hydrant and that the existing water system is capable of delivering 2750 GPM fire flow for a 2 hour duration at 20 PSI residual operating pressure. If a water system currently does Page 20 of 22 Agenda Item No. 12 Page 42 of 77 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01, TENTATIVE PARCEL MAP NO. 36066, & CONDITIONAL USE PERMIT NO. 2008-01, FOR THE "GREENWALD COMMERCIAL CENTER," on APN 349.290-009. not exist, the applicant or developer shall be responsible to provide written certification that financial arrangements have been made to provide them. WATER PLANS 120. The applicants or developer shall separately submit two copies of the water system plans to the Fire Department for review and approval. Calculated velocities shall not exceed 100 feet per seqond. Plans shall conform to the fire hydrant types, location and spacing, and th~ system shall meet the fire flow requirements. Plans shall be signed and approved by a registered civil engineer and the local Water Company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Lake Elsinore Fire Services." FIRE LANES 121. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. SPRINKLER SYSTEM 122. Install a complete fire sprinkler system per NFPA13 2002 edition (13D and 13R systems are not allowed) in all buildings requiring a fire flow of 1500 G.PM or greater sprinkler system (s) with pipe size ill excess of 4" inch diameter will require the project structural engineer to certify (wet signature) the stability of the building system for seismic and gravity loads to support the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically firesprinklered must be included on the title page of the building plans. 123. The applicant or developer shall be responsible to install a L. Central Station Monitored Fire Alarm System. Monitoring System shall monitor the fire Sprinkler system(s) water flow, P.I.V.'s and all control valves. Plans must be submitted to the Fire Department for approval prior to installation. Contact Fire Department for guideline handout. Page 21 of 22 Agenda Item No. 12 Page 43 of 77 , Jl CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2008-01. TENTATIVE PARCEL MAP NO. 36066, & CONDITIONAL USE PERMIT NO. 2008-01. FOR THE "GREENWALD COMMERCIAL CENTER." on APN 349-290-009. EXTINGUISHERS 124. The developer shall install portable fire extinguishers with a minimum rating of 2A-10BC and signage. Fire Extinguishers located in public areas shall be in a recessed cabinet mounted 48" (inches) to enter above the floor level with maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. HOOD DUCTS 125. A U.L. 300 hood duct fire extinguishing system must be installed over cooking equipment. Wet chemical extinguishing system must provide automatic shutdown of all electrical components and outlets under the hood upon activation. System must be installed by a licensed C-16 contractor. Plans must be submitted with current fee to the Fire Department for review and approval prior to installation. Note: A dedicated alarm system is not required to be installed for the exclusive purpose of monitoring this suppression system. However, a new or pre-existing alarm system must be connected to the extinguishing system. (.separate fire alarm must be submitted for connection) TITLE 19 126. The developer shall comply with Title 19 of the California Administrative Code. OTHER AGENCIES - None. (End of Conditions) Page 22 of 22 Agenda Item No. 12 Page 44 of 77 r;: , " , ! l!ll~ lid I ., !illi.! illlln !I Ill! d & I I . i" I III ! I ~ i~ 1M I 'I[.I ,-.\Jt -,I . , I '" ~';; i ill! ,,~ t:! ..2a Ii ~~ E i~: j ~"d '" d8~ lit "~~' Ili ,~g (I I Ql ~ ' , l'!o I ~!. co = = '" Q ~ Cl... l.J.J en . '1 I I! i !! i' ~ml:!. ..., .ii"..i.;,..n I I I I I ,Ibl; 'II ... ! . I I :,1 hi! '11..11'11; ! II' illl i, ill' 'III"" .11 ,,':IIll!IIiIII': 1~'ld!e!ra:I'1 ! l!' il I.'! Iii!' I I III dl..Gl. .'IIe_i' ,I ;!l l ! III I !Ii~~~i!! u.~~~! ,11\ ':: E~:I),;:;~l' ~ 0 , "'-.. ,. """'. B ~;> /1nl1nn/l/IIIIIIII i ~ 111111111111:1111111.1 ~ ZlliillllllllilllllHil, I 1'1 I d I I :i '1' II I 'I } IUI 'r' i'li, II,; , I II! , . . .,1 Ii mil' '1 '.11 I .' I" I ii! .. I H h 1.1 Ii , , ~llll . !B. 1 !! i, . I !Iii 1111 I ~1 ~ I ~. ! <I <I . {~I~l ,: ~z-i' {~13nda lie ---ill Page "~, d! a i . L ~If i s ~ L ~. ~'--- _.- .._.~--, i ,-_/ / /' / ~ : i :t " " ~ ' Ii I .., <=> <=> '"" Q Cl':l a.. UJ C/) LU O::z 00 z..... .....VI ~.> LU_ LUO 1~19 !:5~ u..Z 'OZ ;~~ ~ Ir= . . I I , ! , I Ij I' .j eil ~!i ~lf ~l~ ~H ..n ~Ii ~,I .J h ;5 ~I; ~ii ~Il . .. ; II........ , ~ 1 H""'''ll i I "I ~ ! iii' I i ~! III I! I If ~I hllflll 'I ~l - d Illj! j' r:('~ I t..f! \2)i I! .;~. - j III 1,,1 !, I i i IllllJlil! HI 1 ,. Il! l'l~... ~"l f ti sHIH j l ~ hl'll,l 1"1' j 81 Ill" ~ . z I '1' I ~ Hifi I I 1 ~ liJlll Jill I I! ~hllll III II ~HIIII I j Illi I ~'l"':" ! 2ih -, -011 II! I <Bll!W Ill! ! hll! ~l . I 81 : I 'I f'f I I Iii i I J8 , I I I III "I ':Ilt'll t' Ij 1 I ;,) 1 I I; I i f I I :I~ Iii! 1111111;! , I!: ~ I " ! i1: """'11)1 "I . :Ir , '1"1' I III 11 1 'I'. f,j I' !I 'I~ll il I 'I If 1 fIll : "J} 'J"':Ii I ' ,I' ,G ' IlI'J" I. "II "I., II 'II III' I II,' 111"'1 1 "lh"fP'fl '{"'t'l fIU n II ;:dl!l ie H !dOH IiI 1 I. ,I iill'I~. . " ! I,' ! jl!l!i I III I!! I " I 1 Iii d I III III '" .. oj " ....,.: .... Ii! ::: !:! d E"'C r n r.=?t IF), I ..;/;" i L.Jg I II II II II II 1I II II II II 1I I' !' !' I' I' I' I' I' I' !' I' ,I .1 Ii .1 Ii II Ii Ii Ii Il .1 I I . II/IIllI,I'1 I II ! I I I ' ! .' J! Ill!l I! " JJ1j I II ,I! ,"1"11 luh J f 1 I ill, II, ' . III I" II 11lI llllllll/llllllll!l I mllllllh II Illl II Il .Il, II lIhlll.!ll j I I I I l!! I I I Pili II , I II 1111 II! jll hllp!II'll , II. IlllIIlllllllIlllll I 1IllllIlIII i I I Ill! III 111 ,~, ~g, 111 .1')111 I III Jill. i !HI ,Ill, . 0~ 0,.00 0 ... ! 6J ell . 1m I Oi El . .., I d I :.d Bi m,' ~~~ ~ 2lS.. S '! ;.j ~ 8 2 ~~; g ~ ~ i ; ~! B,. g: l:lll .. p a I i ill fti .1- "I iii I i i f w (Ql C:::z 00 l!!!l z..... .....(J") ~ ex> ~..... = = wi::: ...... = <= wO l!!!l .., ~(9 ~ 0... :52S w u..Z l!!!l en oz iS~ (Qb u Ii Ii Ii. Ii IIi II' Ii . II . il. , 11- ! l , , . i' i, ! i, , i' I i, I l Ii Ii - I' II I' . j ~! I' . I' I. I' I I I - I I . . . . . I I I " I I - . . . . . l . , l . l " " - l , " . I . " . " " , l , . 1 " . , l . - , l . . , . 1 . . . . - . l l . l . 1 . 1 , , , m~ m0 , . .. @ Ilf ! . . , 0 . Ilf , 0 . h 0 . . .. ~ ~ 10 Ii Ii II IIi Ii l- II II II' I 11- ! II- ~ II ! Ii . I I II ~ II ! i- i, I I, I I, 8 I, ! I, ! I i' ~ i' ! i- Ii r n !l - Ii !i !l , . !. !. I. !. .1- " !. ~s , ,. I i- I I " I I I " " , I . !.....- . . . l- . . I . I. , . I I I " . . . . , - " . . i- i- . . . i- . . l l . l " l " " " " I I !..... -l- I- . 1 . 1 , ! , , . , ! . " , ! . . . . ! . ! , l . l , ! " l ! l . l ..~iI:~l~l , 0 Ii[ i . , .' . .. I . .. i . .00 .~ i . . @ I I I i , ! , I ~i ~! ~I S' .. No. 1~ 7 of r ./ (Q) w ~2 I1!lJJ 00 2...... ......V) ~ 00 ~> = = = <"-' w...... I1!lJJ Q wcl <>:> ~~ g ~ 52 LLJ ...... I1!lJJ U") u..2 02 @b ~5 u I r ------T--....------- " Ii II It;; ----_ai__________ : . , . . ~ r. ------......--__ : .. -...... , t. . . . " ------......-..-..------- , I ' ____m__m______ L.! 1---- II: o o .. II. Q . i :t o U III .. , I iii ....-......----........--- I : U Lj . I ~ ~ rll -------1-------.... I "1;1 ! 1. : L. II ~ ______.L_______ I E-." -. - ".' ".-, -.-= l\rHb~.f '&' ( 111 , , ,} --......----......---........- . t I, ~ . I, ~ II . ----_..1 : ---':f-..--__ ----------....--....--- ........--.............---...... -. . --------f------ . . . ------.._~------ . I, I. II \ -,- ..........)................ -p -, .. If I II. "I~ III III I. ~lll It W ... 2: w U ~< I) z" ~ .. ~"'~li!~ :i$ oqi~IIII:,lblll' o ... ZW .GOi! II ~ o U *~ ~ ~ It" 1l: W :&: :&: o u :Ii: "l Agenda Item No. 2 Page 48 of 7 II j " ,I , II ,i I , ;1 , tJ-~------~) I ~ , : ,'! i I i ' I I i I , I' ;,1 I l ,.,"', J. -- :-: :: . ~ ~ b~ . ~ ! ~ " II tr-------~) I ~ " : I ! I I ! , I i I I ' I I l 1. )i~ ! . ! ~ " II . . . : : : . . . . : : . . . . : : , EXHIBiT I.J' ~ jt i ~ ~ " ,J I ! I I II ! I I I I Pi! ! I I " , ! I I I l " II I I I i I i i i '.. '.. :.... '.. '" '.. '.. :.... ~ ~ ,I j i i '. I ! II j I ! I. I 'I I , I III i ! ! i i '.. '.. '" '" :... .. , "t . l' ~tt ![ ~ a:: ILl ... :t ILl Co) ~< = zO ~ .... ~li! ~ ;;0 ~II 1111' 'ct;;;!~o~~lIi! ....;:uj :is( I'll f #~ ~w 0 ... W'" ::J a:: ffi~ rt ILl ~ ~ o Co) LU 0::2 00 ...... V) ...... > ...... a ~ 2: ...... 2: 2: :s 0.. r. ~ ~ " ii: ~ 10 ~ :; J "' z '" " g w z ~ fil a: ~ EXHIBITr 'K I .!J...li: (- " .. z B i ii: ~ III W (:) <( ::E I:: III ... Z III U ~<" zU !!! ",~gf ~. I.. 0( ~i ~Ik ~ IdIII - ~iil "p 111~' UW!:!3 I::":S Ii: III :i :i o U ~ MJ] ~ = MJ] (g MJ] @b , W 0::_ O. zC -' ~~ w;: we ~t :5- , LL;;: I 0- iS~ u 2 7 Excerpts from the Draft Planning Commission Minutes for October 7,2008 Agenda Item No. 12 Page 54 of 77 MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN;!STREET LAKE ELSINORE,CA 92530 TUESDAY, OCTOBER 7, 2008 PRESENT: Chairman Zanelli called the meeting to order at 6:00 CALL TO ORDER - 6:00 P.M. PLEDGE OF ALLEGIANCE Commissioner Mendoza led the Pledge 0 ROLL CALL ABSENT: Also present Attorney Santa Planning Consulta Specialist Porche. Community Development Director Weiner, Deputy City ociate Planner Carlson, Planning Consultant Miller, oury, Environmental Principal Planner Worthey, and Office PUBLIC HEARING ITEM(S) 1. Mitiqated Neqative Declaration No. 2008-07. Conditional Use Permit No. 2008-01. Tentative Parcel Map No. 36066. and Commercial Desiqn Review No. 2008-01 for the "Greenwald Commercial Center." Chairman Zanelli opened the Public Hearing at 6:04 p.m. Agenda Item No. 12 Page 55 of 77 Acting Community Development Director Weiner provided a brief presentation to the Commission. He indicated staff received several letter regarding the environmental document that was generated for this project which was distributed to the Commission. He noted that the Regional Quality Control Board forwarded a letter after the public review period had ended. He indicated he was unable to include it in the final Mitigated Negative Declaration document; however staff was contacted last week asking that the letter be discussed during the hearing. · prior to the issuance of building permits, the City of , r POA would like to review the landscape and irrigation t to the boundary. · #83 - connection needs to be coordinated with the County of Riverside and not the POA. · Add a condition for mitigation measures for the uncontrolled intersection at Dowling Street from the south side to the north. · Spoke of the ending construction time changed from 7:00 p.m. to 5:00 p.m. which is consistent with the City of Canyon Lake. Lori Moss stated the City of Canyon Lake supports the project and indicated she would be available for further comments. Ed Sauls, applicant, indicated that he has been workin address all issues and concerns. He indicated the answer any questions the Commission may have. closely with staff to ct is available to John Chipman, architect for the project, s something unique for the City and he felt t community and appreciated all the as . Division. nted to develop an asset to the he Planning Lori Moss, C. conditions 0 conditions: of Canyon Lake, addressed a few She addressed the following changed from 7:00 a.m. to 7:00 p.m. oot easement on the east side. erts be 12' x 12' instead of 8' x 8' as noted in Agenda Item No. 12 Page 56 of 77 I Ed Sauls indicated he appreciates all the comments and support and responded to the comments Lori Moss made. Chairman Zanelli closed the Public Hearing at 6:27 p.m. Commissioner O'Neal spoke of the PCiragraph in the staff report that discusses the City of Canyon Lake and POA not willing to implement any of the appropriate measures as recommended. He requested Lori Moss to comment on this. Lori Moss stated the proposal of the trail and where i to horses and the motor vehicles using the trail. measure need to be included in order tomak indicated she does not feel it would be possib e. Commissioner O'Neal stated he concu stated the project is an excellent proje Commissioner Gonzales inquired if all of th Chairman Zanelli stated no Elsinore. and would be in favor of ssroads coming out of Canyon Lake . s good faith that the developer is ail, ho er did not agree that the developer ot benefit the developer. He stated he nd stated the project should go forward. of the easements that Lori Moss addressed. elop ent Director Weiner indicated that there is a 60 S the Canyon Lake boundary. Vice-Chairm s indicated he concurs with the Commission and noted his concerns the speeding outside of the gate to Canyon Lake. He stated the pro~ct is outstanding and stated he looks forward to having the project come aboard. Chairman Zanelli stated he felt the project .is a good project. He spoke of the speeding outside of the gates of Canyon Lake even though there is signage stating to slow down. He noted that the trail would be provided by the developer and asked if the equestrian community would be willing to offer any assistance in maintaining the trail. Agenda Item No. 12 Page 57 of 77 _Ji It was motioned by Commissioner Gonzales, seconded by Vice-Chairman Flores to adopt Resolution No. 2008-71, fecommending that the City Council adopt Findings that the project known as the Greenwald Commercial Center is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The fOllowing vote resulted: . It was motioned by Commis Flores to adopt Resolution No. adoption of Mitigated Negative Commercial Center. AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDO COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE NONE NONE ABSTAIN: NONE It was motioned by Commissioner Mendoza, seconded by Commissioner Gonzales to adopt Resolution No. 2008-73, approving Conditional Use permit No. 2008-01 for the Greenwald Commercial Center. The following vote resulted: Agenda Item No. 12 Page 58 of 77 It was motioned by Commissioner Mendoz , Flores to adopt Resolution No. 2008-74, r approve Tentative Parcel Map No. 36 < Center. AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER (30NZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE y Vice-Chairman e City Council Commercial The following vote resulted: AYES: 1 Men approv Commercl loner Gonzales, seconded by Commissioner luti n No. 2008-75, recommending to the City Council al Design Review.. No. 2008-01 for the Greenwald The following v AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE Agenda Item No. 12 Page 59 of 77 ABSENT: NONE ABSTAIN: NONE Planning Commission Staff Report October 7. 2008 I I I ,I I Agenda Item No. 12 Page 60 of 77 CITY OF ~ LAKE 6LSiI10RI: \., - . , ~~g DREAM EXTREME. REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 7, 2008 PROJECT: MITIGATED NEGATIVE DECLARATION NO. 2008-07, CONDITIONAL USE PERMIT NO. 2008-01, TENTATIVE PARCEL MAP NO. 36066, AND COMMERCIAL DESIGN REVIEW NO. 2008-01, FOR THE "GREENWALD COMMERCIAL CENTER." APPLICANT: ED SAULS, THE SAULS COMPANY, 742 SUMMIT DRIVE, SUITE 100, LAGUNA BEACH, CA 92651 OWNER: GEORGE FILlOS, GREENWALD llC, CIO FILlOS CONSTRUCTION, 9640 W. TROPICANA AVENUE, lAS VEGAS, NEVADA 89147 PROJECT REQUEST The applicant requests approval to subdivide 13.9:!: acres into five parcels, and to construct a 98,587 square foot neighborhood shopping center in six buildings, including general offices, medical offices, restaurants with outdoor patio dining, and a gasoline dispensing establishment with mini-mart and drive-through. PROJECT LOCATION The project site is located on the north side of Greenwald Avenue, at the northeast comer of the City of lake Elsinore, directly adjacent to the City of Canyon lake and its North Gate, and known as Assessor's Parcel No. 349-290-009. Page 1 of7 Agenda Item No. 12 Page 61 of 77 PLANNING COMMISSION STAFF REPORT MND 2008-07, C2008-Q1, CUP 2008-01, TPM 36066 OCTOBER 7, 2008 ENVIRONMENTAL SETTING EXISTING LAND USE ZONING GENERAL PLAN Project Vacant C1 Neighborhood Neighborhood Site Commercial Commercial North Vacant . County Sphere of Influence: Very Low Density Residential, 2-acre min. South Vacant Tuscany Hills Specific Plan Tuscany Hills SP & (Open Space) & C-1 Neighborhood Neighborhood Gommercial Commercial East Residential City of Canyon Lake Not within the City's Sohere of Influence West Vacant R-1 Single Family Very Low Density Residential Residential, 2-ac. min. PROJECT DESCRIPTION The project proposes a retail center with one and two-story buildings nestled in the rolling hills at the northeast end of the City. The center is designed to service the future residents of "Toscano" (North Tuscany Hills), as well as the existing residents of Tuscany Hills (when Summerhill is eventually constructed to Greenwald), the future residents of Little Valley, the existing residents of Canyon Lake, and the surrounding rural residential areas of the County. Uses are those typically found in the C1 - Neighborhood Commercial zone, including restaurants, offices, medical offices, shops, and gas station/drive-through mini-mart. The project features two entries from Greenwald, one being Dowling Street, which is proposed as a future connection to County development to the north. There is also a second connection to the north from the center's circulation drive, allowing ease of access to Country residents to neighborhood shopping. Staff and the applicant worked together to offer a. multi-purpose trail at the far east end of the center, which allows equestrian use, as well as golf cart use from residents of Canyon Lake. However, only "street legal" golf carts driven by DMV-licensed individuals are permitted on City of Lake Elsinore streets. ANALYSIS Commercial Design Review Building Elevations & Materials Page 2 of7 Agenda Item No. 12 Page 62 of 77 PLANNING COMMISSION STAFF REPORT MND 2008-07, C2008-01, CUP 2008-01, TPM 36066 OCTOBER 7, 2008 According to the applicant's architect, his design was intended to blend with the surrounding rural and natural landscape, bringing into the center elements of rock and stone veneers. The center is uniquely modern, with simple lines and many angles. Fabric awnings and shade sails enrich the center with color and provide much-needed shade. The galvanized aluminum standing seam metal roof is similar to recently developed shopping centers, such as Dos Lagos in Corona. . The buildings incorporate a variety and multi-leveled rooflines, including tower elements throughout. Mechanical equipment and air conditioning condensers are properly screened behind these features and parapet walls. Minor Design Review The Greenwald Center is conditioned to submit an application for a Minor Design Review (MDR) for each and every building prior to construction. The MDR will be administratively reviewed and approved for consistency and compliance with Commercial Design Review No. 2008-01, Conditional Use Permit No. 2008-01, Tentative Parcel Map No. 36066 and the Conditions of Approval thereto. Greenwald Avenue As a courtesy, Staff notified representatives from Centex Homes, who are conditioned to construct improvements to Greenwald Avenue including two box culvert undercrossings during their development of North Tuscany Hills. The applicant and Centex Homes remain in negotiations regarding time of improvements and off-site permission to grade. The Greenwald Center is conditioned to provide these improvements in the event that they are not completed prior to development. Tentative Parcel Map No. 36066 The applicant proposes to subdivide the center into five parcels, each providing its appropriate share of parking and landscaping. However, the center will be governed by the Covenants, Conditions and Restrictions (CC~Rs) required for the project, and submitted for review and approval by the City Attorney's Office. CC&Rs will provide for reciprocal access and egress, shared parking and maintenance responsibilities of the property owners' association. Conditional Use Permit No. 2008-01 The gasoline dispensing establishment with drive-through and the outdoor seating areas in the C1 zone require the approval of Conditional Use Permit No. 2008-01, in accordance with the Lake Elsinore Zoning Code. Additionally, because the building towers proposed are at a maximum height of 40 feet, which exceeds the 35-foot limit in the C1 zone, Conditional Use Permit No. 2008-01 incorporates such use. Page 3 of 7 Agenda Item No. 12 Page 63 of 77 PLANNING COMMISSION STAFF REPORT MND 2008-07, C2008-01, CUP 2008-01, TPM 36066 OCTOBER 7, 2008 ENVIRONMENTAL DETERMINATION !he City conducted ~n Initial Study to determine if the Project would result in significant Impacts on the envIronment. Based upon the results of the Initial Study, there was substantial evidence that any potential impacts to the environment associated with the Project could be mitigated to less than significant levels. As such, a Mitigated Negative Declaration (MND) was prepared to disclose potential environmental impacts and to propose mitigation for those impacts. City staff received ten (10) comment letters on the MND during the 30-day public review comment period. Of the ten letters received, two (2) were from regulatory agencies, four (4) from interested Tribes, one (1) from the County, and three (3) from the City of Canyon Lake. All letters received within the 30-day public review and comment period were included along with appropriate responses in the Final MND. A notice of the Planning Commission hearing was provided to all those who commented not less than ten (10) days prior to that date of October ]''',2008. . In addition, two (2) comment letters were received after close of the public review and comment period. These two late letters from the Regional Water Quality Control Board (RWQCB) and Riverside County Flood Control District were not responded to by City staff and did not become part of the Final MND documentation. The two late letters have been included with this staff report and are part of the administrative record. It should be noted that CEQA does not require that Lead Agencies respond to late comments on a MND. As such, City staff does respond to all comments. if they are received within the public review and comment period pursuant to CEQA. The primary opposition to the Greenwald project is from the Wildlife Agencies (a collective of the California Department of Fish and Game and U.S. Fish and Wildlife Service), from those representing the City or Canyon Lake, and from RWQCB. As mentioned above, RWQCB comments were not addressed as part of the Final MND; however, should the Commissioners have any questions about RWQCB comments, City staff is prepared to answer them. The Wildlife Agencies As it relates to the Wildlife Agency letter, the primary issue relates to their interpretation that the project as proposed is not consistent with what they anticipated in the MSHCP when they issued "take authorization" and permits. In response the Wildlife Agencies, City staff stated that on March 19, 2007,. the results of the Joint Project Review (JPR) process concluded that the Greenwald project, as proposed, is consistent with the MSHCP. Development of the project would not conflict with the minimum Reserve Assembly criteria of 55% of Cell Group Y. The location of the development would increase some edge effects in the Proposed Linkage 7, and Page 4 of 7 Agenda Item No. 12 Page 64 of 77 S.f' PLANNING COMMISSION STAFF REPORT MND 2008-07, C2008-o1, CUP 2008-01, TPM 36066 OCTOBER 7, 2008 therefore may not represent ideal conditions from a reserve design standpoint. However, the overall width of the Linkage will not be compromised, nor wiil the goals and objectives of the MSHCP as it relates to this Linkage. To minimize edge effects, the City has required the project incorporate Urb~n Wildlands Interface Guidelines as defined in Section 6.1.4 of the MSHCP. It should. also be noted that not only can the project be considered consistent with the MSHCP based upon its own merits, this project was one of an overall group of projects that was considered consistent with the MSHCP on a cumulative basis at the time the City was considering whether or not to participate in the MSHCP. Because the project completed the JPR process as required, and was. determined consistent with the MSHCP, no further analysis as it pertains to CEQA is required. Further, payment of mitigation fees and compliance with Section 6.0 is intended to provide full mitigation under CEQA. As such, an MND was and continues to be the appropriate CEQA document for the Greenwald project because all impacts can be mitigated to less than significant levels. An EIR is not required for this project pursuant to CEQA Guidelines Sections 15006 and 15070. City of Canyon Lake In response to those commenting on behalf of Canyon Lake, the primary issue has and continues to be the location of the multi-purpose trail. During the early phases of project design, the applicant and City of Lake Elsinore (City) staff worked together to include amenities, speCifically golf cart access and an equestrian trail based upon requests by City of Canyon Lake staff [Canyon Lake and the Property Owners Association (POA)]. Although these amenities do not benefit the citizens of Lake Elsinore, these amenities were agreed upon in good faith for the Canyon Lake residents. At the request of the Canyon Lake staff because oftheir concerns regarding their own liability, the amenities are being modified. The existing easement along the eastern edge of the proposed project was preserved by the applicant with the intent that the area would be used as a multi-purpose trail. Canyon Lake staff expressed concern over the tran:s location due to its proximity to the north gated entrance of Canyon lake. They suggested the trail be relocated to the west side of Dowling Road away from the gated entry. There are considerably more conflicts associated with the Dowling location. These conflicts are related to safety such as sight distance issues and a lack of intersection control in this area. Traffic would be moving at higher speeds at Dowling than at the gated entryway. The City does not believe that the applicant should bear the financial burden associated with installation of a traffic signal at this Dowling location when technical analysis provided evidence that there are no significant traffic impacts associated with the project as proposed. In addition, the intent at Dowling would be to direct trail users to the south across Greenwald over to another proposed commercial area. Currently there are no existing rights of access to this commercial area. Furthermore, running the trail through the proposed project along Page 5 of 7 Agenda Item No. 12 Page 65 of 77 PLANNING COMMISSION STAFF REPORT MND 2008-07, C2008-Q1, CUP 2008-01, TPM 36066 OCTOBER 7, 2008 Dowling may not in itself warrant any additional regulatory permitting process; however, additional expense would have to be borne by the applicant to ensure that the horses do not venture off the trail and into sensitive protected areas. In summary, City staff and the applicant have done their best to provide amenities for the Canyon Lake residents, and have expendfild considerable effort in doing so, including attending a meeting at Canyon Lake on September 2, 2008 in an attempt to resolve issues raised by the Canyon Lake staff and POA. Canyon Lake staff has reviewed recommendations by Urban Crossroads to provide traffic control measures at the north gate for the purposes of safety. These measures include appropriate signage and gate exit treatments, and do address the concems of Canyon Lake staff. Unfortunately, the Canyon Lake staff and POA continue to be unwilling to. implement any of the appropriate measures as recommended. The Canyon Lake staff and POA continue to request that the entire burden of expense and liability be placed upon the City of Lake Elsinore and the applicant for whom the benefits do not apply. The successful incorporation of the amenities for. Canyon Lake residents requires participation by the City of Canyon Lake staff and POA. The City of Lake Elsinore respectfully continues to make the opportunity available for Canyon Lake to participate in the steps necessary to provide the desired amenities for their residents. Staff has determined that the Mitigated Negative Declaration for the Project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA. RECOMMENDATION Staff recommends that the Planning Commission adopt resolutions recommending to the City Council of the City of Lake Elsinore that they adopt or approve: 1) Findings of Consistency with the Multiple Species Habitat Conservation Plan, and 2) Mitigated Negative Declaration No. 2008-07 and the Mitigation Monitoring and Reporting Program appertaining thereto, and 3) Tentative Parcel Map No. 36066. Staff recommends that the Planning Commission adopt resolutions approving: 1) Commercial Design Review No. 2008-01, and 2) Conditional Use Permit No. 2008-01. Page 6 of 7 Agenda Item No. 12 Page 66 of 77 PLANNING COMMISSION STAFF REPORT MND 2008-07, C2008-01, CUP 2008-01, TPM 36066 OCTOBER 7, 2008 Prepared By: Carole K. Donahoe, AICP, Project Planner Approved By: ~ Tom Weiner, Acting Director of Community Development Attachments: 1. Exhibit 'A' - Vicinity Map 2. Resolution No. 2008-_ recommending to the City Council adoption of Findinos of Consistency with the Multiple Species Habitat Conservation Plan. 3. Resolution No. 2008-_ recommending to thelCity Council adoption of Mitioated Neoative Declaration No. 2008-07 and the Mitioation Monitorino and Reportino ProQram appertainin!:! thereto. a. Exhibit 'B' - Final Initial Study/Mitigated Negative Declaration No. 2008-07, Mitigation Monitoring and Reporting Program, and Final MND (Previously distributed on 9-16-08) 4. Resolution No. 2008-_ recommending to the City Council approval of Tentative Parcel Map No. 36066 a. Exhibit 'C' - Tentative Parcel Map No. 36066 (Enclosure) b. Exhibit '0' - Grading and Drainage Plan (Enclosure) 5. Resolution No. 2008-_ approving Conditional Use Permit No. 2008-01. 6. Resolution No. 2008-~ approving Commercial Desion Review No. 2008-01. a. Conditions of Approval . b. Exhibit 'E' - Site Plan (Enclosure) c. Exhibit 'F' - Conceptual Landscape Plan, Sheets 1 and 2 (Enclosure) d. Exhibit 'G' - Floor plan for Parcel 2 and 5. Drawing 1 e. Exhibit 'H' - Elevations Drawings 2A and 2B f. Exhibit 'I' - Perspectives Drawing 3 g. Exhibit 'J' - Building Sections Drawing 4 h. Exhibit 'K' - Images f. Exhibit 'L' - Color & Materials Board (Displayed at Commission hearing) 7. Correspondence a. Riverside County Flood Control letter received September 4, 2008. b. California Regional Water Quality Control Board letter dated September 8, 2008. 8. Acknowledgement of Draft Conditions 9. Draft Notice of Determination Page 7 of7 Agenda Item No. 12 Page 67 of 77 __1 I I RESOLUTION NO. 2008-73 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-01 FOR THE GREENWALD COMMERCIAL CENTER WHEREAS, Ed Sauls, of The Sauls Company (the "Developer"), filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2008-01 (the "CUP") for the improvements that are proposed in conjunction with Commercial Design Review No. 2008-01 (the "Design Review") and Tentative Parcel Map No. 36066 (the "Subdivision"); and WHEREAS, the Developer proposes the project on a 13.9:t acre site located on the north side of Greenwald Avenue, at the northeast corner of the City of Lake Elsinore, directly adjacent to the City of Canyon Lake and its North Gate, and known as Assessor's Parcel No. 349-290-009 (the "Site"); and WHEREAS, the Design Review includes design details for a 98,587 square foot neighborhood shopping center in six buildings; and WHEREAS, the CUP, a precise plan of development, includes a description of the uses and operating characteristics, a plot plan showing the location of all uses, and other design details. Uses include drive-through establishments, gasoline dispensing establishments, and outside eating areas in conjunction with restaurants. Design of the buildings include tower elements that exceed the maximum height permitted of 35 feet; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and making discretionary decisions pertaining to commercial projects; and WHEREAS, public notice of the CUP has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on October 7,2008. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed design for the Greenwald Commercial Center and related amenities prior to making a decision and has found them acceptable. SECTION 2. The Planning Commission has considered Mitigated Negative Declaration No. 2008-07 and the Mitigation Measures appertaining thereto. Mitigated Negative Declaration No. 2008-07 was prepared pursuant to Section 15162 of the Agenda Item No. 12 Page 68 of 77 I PLANNING COMMISSION t<ESOLUTION NO. 2008-73 PAGE 2 OF 4 California Environmental Quality Act (CEQA) Guidelines. Appropriate findings were made, and Mitigated Negative Declaration No. 2008-07 provides the necessary environmental clearance for the CUP. SECTION 3. That in accordance with Section 17.74 of the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Conditional Use Permit No. 2008-01: 1. The project and its proposed uses, on their own merits and within the context of their setting, are in accord with the objectives of the General Plan and the purpose of the planning District in which the site is located. The General Plan and Zoning Map designate the site for Neighborhood Commercial. The proposed CUP and its uses are consistent with the goals and objectives of the General Plan in providing suitable commercial opportunities for its residents. Drive-through establishments and gas dispensing establishments are appropriate in the C-1 zone, and have been reviewed for adequate circulation, and the avoidance of noise and odor affecting sensitive receptors. Although the building tower elements exceed the development standard of the C1 - Neighborhood Commercial zone, these elements are few in number and provide proportionate and impressive cornerstones to the buildings. 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. The uses allowed by the CUP and their locations have been reviewed to ensure that such uses will not detrimentally affect adjacent residents and property owners. Drive-throughs and loading docks have been moved away from the project boundary where homes exist. Buffer areas for landscaping have been increased. Access to adjacent residential properties have been included in the design for pedestrian, vehicular, and golf carts as well as an equestrian access to possible trails to the north. I 3. The site for the intended uses is adequate in size and shape to accommodate the uses, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by this Title. The CUP has been conditioned to comply with the development standards of the C1-Neighborhood Commercial zone, as well as other requirements of the Municipal code that address compatibility with adjacent uses. Agenda Item No. 12 Page 69 of 77 PLANNING COMMISSION RESOLUTION NO. 2008-73 PAGE 3 OF 4 4. The site for the proposed uses 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 design has been scrutinized for access to the site from Greenwald Avenue, egress from the site and its effect on the Canyon Lake North Gate, and access opportunities from future development to the. north. 5. In approving the subject uses at the specific location, there will be no adverse effect on abutting property or the permitted and normal uses thereof. 6. Adequate conditions and safeguards pursuant to Section 17.74.50 have been incorporated into the approval of the CUP to insure that the uses continue in a manner envisioned by these findings for the term of the uses. SECTION 4. Based upon the evidence pre~ented, the above findings, and the Conditions of Approval attached to the resolution approving Commercial Design Review No. 2008-01, the Planning Commission hereby approves Conditional Use Permit No. 2008-01. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this seventh day of October 2008. Axel Zanelli, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development Agenda Item No. 12 Page 70 of 77 PLANNING COMMISSION t<ESOLUTION NO. 2008-73 PAGE40F 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008-73 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the ih day of October 2008, and that the same was adopted by the following vote: AYES: Chairman Axel Zanelli, Vice Chairman Jimmy Flores, Commissioner's John Gonzales, Phil Mendoza, and Michael O'Neal NOES: None ABSENT: None ABSTAIN: None Tom Weiner Acting Director of Community Development Agenda Item No. 12 Page 71 of 77 WARREND. WILLIAMS Oeneral Manager-ChiefEngineer SEPIl4 ZOOB . \lM~ 'ERSIDE coUNTY FLOOD CONTROL CITY OF LAKE ELS~rg~"NP WATER CONSERVATION DISTRICT PLANNtNG OM . S~ptem"er 2, 2008 1995.MARKEr STREET RIVERSIDE, CA 92501 95h955.12oo FAX 951.788.9965 www.f100dconirol.co;riversidc.ca.us ~\~J~f,~~f,\D) Ms. Wendy Worthey Principal Environmentall'Ianner City of Lake Elsinore 130$outh.Main Street LakeElshiore, CA92530 DearMs. Worthey: Re: Notice ofAvaihlbility'andlntent to Adopt a Mitigated NegatiyeDeclaratil,m for the Greenwald Avenue COll1lllerci;li Center Project This letter is written. in response to the Notice.of . AVailability arid Intent. to Adopt a Mitigated Negative Declaration (MND). fOr the . Greenwald Avenue .Commercial Center Project: Theproposed project consists of the development of approXimately 98,587 square feet of commercial/retail uses on approximately 13.9 acres, located on the north side of Greenwald Avenue within theriortlIeasternpart of the city of Lake Elsinore,Rive1'$ideCounty: The Riverside County Flood Control and Water Conseryat(on I)istrict reviewed the MND and has no comment at this time. Thank youfor the opportunity to reviewlheMND. Any further questions concerning this letter may be referred to Mai Son at 951.955.5418 or me at 951.955.1233. Very truly yours, 0~&J~ TERESA TUNG Seriior Civil Engineer' '. c: TLMA Attn: David Mares MTS:mcv P8\120877 Agenda Item No. 12 Page 72 of 77 e California Regional Water Quality Control Board Santa Ana Region 3737 Main Street, Sulk: 500. Riverside. California 92501-3348 Phone (9SI) 782-4130. FAX (951) 781-6288. 'IUD (951) 782-3221 www.watcrboards.ca.gov/santaana . Linda S. Adams Secre/Qry I... Environmental Protection Arnold Sc:hwarzenegger G_moT Septerriber 8. 2008 Wendy Worthey Principal Environmental Planner City of Lake Elsinore Community Development 130 S. Main Street lake Elsinore, CA 92530 NOTICE OF .INTENT TO ADOPT A PROPOSED MITIGATED NEGATIVE DECLARATION, GREENWALD AVENUE COMMERCIAL CENTER, TPM NO. 36066, CITY OF LAKE ELSINORE, 2008081003 Dear Ms. Worthey; Regional Board staff have reviewed the Initial Study fOf a Mitigated Negative Declaration (MND). for the proposed Greenwald Aven,ue Commercial Center (Project), located on Tentative Parcel Map No. 36066 in the hilly terrain of northeastern City of lake Elsinore (City). A roughly rectangular 13.9-acr~ parcel (site), nearly 1,000 feet long in its longer east-west dimension, is. bordered on the east by a developed portion of the City of Canyon lake and on the north by unincorporated Riverside County. The parcel (to be divided into five lots) would be graded and developed for retail and office uses. The following comments are provided in the context of protecting water quality standards (water quality objectives and beneficial uses) contained in the Water Quality Control Plan for the Santa Ana River Basin (Basin Plan): 1. We understand that the project would be developed from a future north-south roadway (Dowling Street) that would provide access to the Project and other future projects north of the Greenwald Avenue Commercial Center, including a proposed residential project of approximately 300 houses. The Tuscano Heights development is already planned for the area immediately southwest of the Project site. The MND indicates that no impacts will occur to the site's two largest natural drainages, recognized as jurisdictional to the U.S. Army Corps of Engineers (Corps), although three other smaller drainages will be filled. Unless mitigated, increased runoff from new impervious areas on the Project site will likely cause or contribute to hydromodification of the two avoided drainages. While the MND (p.85) states that cumulative impacts of the Project are not considerable, this conclusion is poorly supported, particularly since construction of growth inducing projects such as the future residential project to the north of this one are presented as foregone conclusions~ The MND should provide additional analysis of this issue, al)d propose additional mitigation, if appropriate. California Environmental Protection Agency "" .. "J II4cyckd PDp<r Agenda Item No. 12 Page 73 of 77 L_ Ms. Wendy Worthey -2- September 8, 2008 2. The eastern ~nd .Iargest of the site's primary drainages bisects the site from north to. sout~ and IS directly west of the future Dowling Road. The MND states that this drainage would be crossed with a bridge, variously, "suspension bridge" with no ~ther streambed dis~urbance (p.6), .span" (p.35), or the "eastern driveway" v~hlcle a~ss off Dowling Street (p.9) that is shown on all figures. Further, Flg~re 7 indicates a plan~ed ramped access road into the channel (Fig 7). A reVised MND should clanfy the type and size of the bridge, as well as the nature o! encroachments into this drainage and all others on site. The bridge footing disturbance and encroachment to the drainage may necessitate a Clean Water Act (CWA) Section 404 Permit by the Corps, and a requisite Section 401 Water Quality Certification from our office, with attendant mitigation. The MND should identify the likely area of impact, and potential mitigation for the impact, of the proposed bridge work. Statements at MND p.35, 38, and elsewhere in the text report that the small amount of riparian acreage determined to be jurisdictional to the Corps (0.08 ac) and to the California Department of Fish and Game (CDFG) (0.19 ac), including southern willow scrub habitat in the southwest corner of the site, is to be avoided. Board staff is concerned that hydromodification of the drainage in which this riparian vegetation is located will cause it be damaged. Without additional information, we cannot conclude, as the MND has done, that the 0.08 acres of riparian vegetation will not be impacted by hydromodification or other hydraulic conditions of concern. To reach this conclusion, the MND should list appropriate best management practices that will be employed to eliminate the possibility of hydromodification of the drainage where this riparian vegetation is located. This information should be in the water quality management plan for the project. 3. The MND figures indicate that projected construction of this and other projects will eliminate the function of the drainage in the southwestern corner of the site as a riparian wildlife movement corridor (supporting the Basin Plan's Wildlife Habitat beneficial use) and shift this function east to the site's north-south drainage. We strongly believe that the riparian corridor function of the primary north-south drainage must be enhanced by providing a soft-bottomed arched or box culvert or similar structure beneath Greenwald Avenue of sufficient size to allow unimpeded passage of regional wildlife to the conserved parcels south of Greenwald Ave. and east of the proposed Tuscano Heights project. The potential loss of the primary drainage feature! wildlife transit corridor on the Tuscano Heights project site punctuates the need to aggressively preserve the north-south drainage that crosses this Project's site. Furthermore, sufficient buffers should be preserved on either side of the north-south drainage, as it crosses the Project site, to enable it to function as a wildlife transit corridor. The project site is within Criteria Cell 4268 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP)(p. 39). As a responsible agency under the California Environmental Quality Act we take exception to the City and County process of allowing continued development around and in increasing scarce riparian resources, such as exist on the project site, instead of California Environmental Protection Agency ", ~c1 Recycled Pope, Agenda Item No. 12 Page 74 of 77 Ms. Wendy Worthey -3- September 8, 2008 seeking the resource's formal, contiguous preservation. We understand the MND'.s premise of the Project avoidin~ 2.31 acres of the site, but we encourage the City t~ take a lead role, through thiS MND and other documents, to require preservation of the waters of the state on the site, specifically the north-south drainage, by having them offered for perpetual management to a conservation agency already active in the project area. 4. Given the anti-degradation analysis on p. 56 stating that best practicabl~ treatment of storm water will.be incorporated, we note that "stormfilters" '." be used only in the western and eastern portions of the site but apparently at to intercept dry or wet-weather discharges from the project to the primary orth- south drainage. The MND indicates that the north-south drainage will b considered to be a bioswale, with facultative vegetative recruitment and no pro- active restoration, passively treating stormwater with no apparent forebays or other best management practices (BMPs) to pre-treat runoff flows. We do not consider this solution to be the best practicable treatment alternative and believe a revised BMP evaluation is needed to identify the optimal combination of structural BMPs for intercepting and treating project flows, including flows from parking lots. Further, treatment bios wales may unnecessarily expose wildlife to pollutants. Studies have shown that treatment wetlands do not achieve the same level of overall biotic function when compared to wetlands that do receive natural or treated flows. For that reason, treatment BMPs such as bioswales should not be considered as having a meaningful wildlife habitat function. The wildlife habitat function attributed to the north-south drainage highlights this issue. We request that a revised MND address this issue; the manner in which this issue is handled will likely become part of the 401 Certification process for the project. 5. The MND referred to the 2002 CWA Section 303(d) list for water bodies impacted by pollutants, including those in the Santa Ana Region. The Regional Board's website includes links to the 2006 CWA Section 303(d) list and notes a pending TMDl for lake Elsinore for polychlorinated biphenyls (PCBs) and unknown toxicity, both from unknown sources. The MND should consider this updated information. The MND should recognize that the City is obligated to meet the requirements ofthe Regional Board's Resolution No. R8-2004-0037', adopting total maximum daily loads (TMDL) to address nutrients and organic enrichment and low dissolved oxygen impairments of lake Elsinore and Canyon lake. Regional Board Resolution No. RB-2004-0037, "Amending the Water Quality Control Plan for Santa Ana River Basin to Incorporate Nutrient TMDLs for Lake Elsinore and Canyon Lake," was adopted by the U.S. Environmental Protection Agency on September 30, 2005. California Environmental Protecdon Agency o /l<q<;/e" P"P<' Agenda Item No. 12 Page 75 of 77 Ms. Wendy Worthey -4- September 8, 2008 If you have any questions, please call Glenn Robertson at (951) 782-3259. or me at (951) 782-3234. Sincerely, ~COcm- Mark G. Adelson, Chief Regional Planning Programs Section Cc: State Clearinghouse U.S. Environmental Protection Agency. San Francisco - Jorine Campopiano U.S. Army Corps of Engineers, Prado Dam field office - Jim Mace California Department of Fish and Game. Ontario - Jeff Brandt California Department of Fish and Game. Ontario - Mike Flores U.S. Fish and Wildlife Service, Carlsbad - Kathleen Pollell Riverside County Planning Department, MSHCP Planning, Riverside - Michael Harrod X:Gltlberts on MagnollalDatalCEQA/CEQA Responses! Neg DecI MitNegDec - CiIy of Lake Elsinore - Greenwald Ave Comm CenterMGA.doc California Environmental Protection Agency ~ ~c1 R.cycIU Popu Agenda Item No. 12 Page 7Tl of 77 CITY OF ~ LAKE &LsiNORJ: , I ~.~ DREAM EXTREME. FROM: REPORT TO CITY COUNCIL HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROBERT A. BRADY CITY MANAGER OCTOBER 28, 2008 CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DECISION RELATIVE TO PUBLIC CONVENIENCE AND NECESSITY FINDINGS FOR OFF- PREMISE ALCOHOL SALES FROM A PROPOSED CONVENIENCE STORE LOCATED WITHIN THE VISCAYA VILLAGE SHOPPING CENTER LOCATED AT 16665 LAKESHORE DRIVE, SUITE 'A' (APN: 379-470. 083). TO: DATE: SUBJECT: Backaround At a regularly scheduled public meeting on October 7, 2008, the Planning Commission, by a vote of 3-1 (with one abstention) found that alcohol sales in conjunction with a convenience store at the Viscaya Village Shopping Center, 16665 Lakeshore Drive, would not serve public convenience and necessity (PCN). The State of California Business and Professions Code mandates that off-premise alcohol sales establishments that are located within a census tract that is over concentrated with similar alcohol related uses obtain a Public Convenience and Necessity (PCN) finding from the local jurisdiction. According to the State Department of Alcoholic Beverage Control (ABC), the Viscaya Village Center property is located in a census tract (No. 06065043005) which contains five (5) off-premise alcohol establishment licenses. ABC guidelines only allows for three (3) off-premise alcohol establishments within this census tract. Discussion The Planning Commission heard the staff report and took testimony from three (3) individuals including; the business owner, the property owner, and a member of the adjacent residential property's homeowner association (Viscaya HOA). The applicant Agenda Item No. 13 Page 1 of 12 Viscaya Village PCN Appeal October 28, 2008 Page 2 and property owner spoke in favor of the request. The Viscaya HOA member spoke against the request. The business owner (Norma Aziz) stated that she has been in the business for seven years and has never had any problems with law enforcement or ABC. The property owner (Tom O'Meara, Timberline) indicated that the current economy has been difficult and that the convenience store business owner has a good history with ABC. The Viscaya HOA member (Marylou Veytia) indicated that there were too many businesses in the area that currently sell alcohol. She also related that there was no problem with a convenience store at the location, however that alcohol sales were a concern. At the conclusion of the testimony, the Planning Commission denied the PCN request by a vote of 3-1 (Zanelli, Gonzales, and Mendoza voting no; O'Neal voting yes, and Flores abstaining). The Planning Commission staff report, draft meeting minutes, and correspondence from the Lake Elsinore Police Department (Riverside County Sheriff) are attached for reference. Recommendation 1. Consider the appeal and either uphold the Planning Commission's decision to deny the Public Convenience and Necessity request; or 2. Overturn the Planning Commission's decision and approve the Public Convenience and Necessity request. Prepared by: Tom Weine~ Acting Director of Community Development Robert A. Brady(\~ City Manager -~A\J Approved by: Attachments 1. Vicinity Map (with census tract boundaries) 2. Site Plan 3. Planning Commission Staff Report from October 7, 2008 (Including Sheriff Correspondence) 4. Draft Minutes (Excerpt) from October 7,2008 Planning Commission Meeting Agenda Item No. 13 Page 2 of 12 VICINITY MAP 16665 LAKESHORE DRIVE Agenda Item No. 13 Page 3 of 12 ~ CG .= *'" c: (!) "C .= f/) (!) r:r:: C) l:: .= - f/) .= ~ w , ----I - I I~'J"~"" ,.,1 .~ j 1,:,"":1 'J /', ^ ":"',' I . ' ~,:< I ,':" ':. '] I ',. '. "'I ,.". I ' 1:. '''~:i 1> '0:1 - " -'. ~ bOI ---./L,_ . 1 0 . '"7::... ~~~. _ '. ,", I "". :> . -'.-- '''C "j_ ._C :e~_ . .... ""V ' ! ~, .. ': ".i.V~"""'^;N ne2_e~ . . .., :. he-- " "" '.,0", ~'.., 11,1>, I, I ' I 'J."!, ' Iii i _, ;' .;1' -:, . ~ . . ~~-: 'II! '; I :' C~ ,~ I: :' ! I i~'" : 'FI ~,. LU 1'1 L~ 2 ,P : _=-' .;~ I: I i,=~ ~ I. r::-:~-- !~" i i (~~i :', (I' '-~;I .' 11 I , i! ! :""'-"1:;;-' f".ci ---'-- ,. I ./ -.....;. / / / II '" .,' r- cO ',-I" ~. " ~~H Z ~3~ ....... wg~ o~ - 1 "'u. ...... ....J! Q:j :~i ~ ~!~ a;) u~~ ~ :~~ ~ Ii" - ...~ f-c B~I ~ g~ 'II! flh II . .~- ~""".,%,,~-.: ~ I~ lU~ ~~ ~~ ~ >~ r:J".-","cI';.;:>:,'J' -::: il ~...:: "-., !-,: ..:. J -"- I ~;;~ II ..:::~ f .v_ "" ' , , . l>, ' '. , It m No. 13 Agenda e f 12 Page 4 0 CITY OF ~ LAKE 6LSiNORf: , , . ~.-~ DREAM E;ITREME_ REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER, ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 7,2008 PROJECT TITLE: A REQUEST FOR PUBLIC CONVENIENCE AND NECESSITY FINDINGS FOR OFF-PREMISE ALCOHOL SALES FROM A PROPOSED CONVENIENCE STORE LOCATED WITHIN THE VISCAYA VILLAGE SHOPPING CENTER LOCATED AT 16665 LAKESHORE DRIVE, SUITE 'A' (APN: 379- 470-083). OWNER/APPLICANT: TOM O'MEARA, TIMBERLINE COMMERCIAL REAL ESTATE. 18800 VON KARMAN AVENUE, SUITE 180 IRVINE, CA 92612 Backaround and Discussion In March of 2006, the Planning Commission and City Council approved of entitlements for the Viscaya Village Shopping Center located at 16665 Lakeshore Drive. The establishment of several tenant spaces within the commercial center was included as part of the approval. The State of California Business and Professions Code mandates that off-premise alcohol sales establishments that are located within a census tract that is over concentrated with similar alcohol related uses obtain a Public Convenience and Necessity (PCN) finding from the local jurisdiction. According to ABC, the Viscaya Village Center store is located in a census tract (No. 06065043005) which contains five (5) off-premise alcohol establishment licenses. State Department of Alcoholic Beverage Control guidelines only allows for three (3) off-premise alcohol establishments within this census tract. Agenda Item No. 13 Page 5 of 12 PLANNING COMMISSION STAFF REPORT OCTOBER 7, 2008 PCN VISACAYA VilLAGE Typically, the PCN findings are reflected within an approved resolution for a project approval. However, since this type of alcohol related use (convenience store) was not anticipated at the time the commercial center was approved, a resolution containing a finding of Public Convenience and Necessity was never generated. In turn, in order for the proposed convenience store to sell off-premise alcohol, a letter indicating that the local jurisdiction has no objections based on the finding of public convenience and necessity is warranted. The proposed convenience store will be independently owned and operate 8 a.m. to midnight 7 days a week. Alcohol sales/display will take up no more than 15% of the floor area. The shopping center site is located adjacent to residential dwellings to the west, lakeshore Drive to the east, a restaurant to the south, and vacant land to the north. Notice of this request was mailed to property owners within a 300-foot radius of the property. The Riverside County Sheriff Department expressed some concerns regarding this request. Including the proximity to a residential area, lack of visibility from lakeshore Drive, the existence of other off-premise establishments, and the potential for the area between the store and the residential area becoming a location where loitering could occur. Some alternatives presented included locating the convenience store in a unit easily visible from lakeshore, quality surveillance equipment, and restrictions on window signage. Correspondence from the lake Elsinore Chief of Police (Sheriff) is included as Attachment 2. Recommendation 1. Find that alcohol sales in conjunction with the proposed convenience store will serve public convenience and necessity and direct the Acting Director of Community Development to forward a letter to ABC indicating as such; or 2. Deny the request and find that alcohol sales in conjunction with the proposed convenience store will not serve public convenience and necessity. Prepared by: Tom Weiner ~ Acting Director of Community Development Attachments 1. location Map 2. Correspondence from Riverside County Sheriff 3. PCN Request from Applicant dated September 18, 2008 --~--- ~ _ _ Agenda Item No. 13 -----.-~=Rage.6=of 12 Tom Weiner From: Sent: To: Subject: Joseph Cleary [JCLEARY@riversidesheriff.org) Wednesday, September 24,2008 11 :20 AM Tom Weiner PC&N Request - Viscaya Village Shopping Center - ABC License Tom, The police department still opposes a recommendation to allow a off-premise alcohol license at the proposed location in the Viscaya Village Shopping Center. Primarily due to the proximity to a residential area, lack of visibility from Lakeshore Drive, the area between the store and the residential area could become a secluded loitering spot, and there are already more than enough commercial establishments in the immediate area to accommodate the needs of the local residents and other customers. Should the planning commission choose to approve the licensing, some mitigation of our concerns could be addressed by the following; 1. The convenience store occupy a pad in the other building (A, 8, or C) that is easily visible from Lakeshore Drive. 2. The convenience store install quality surveillance video equipment covering both the interior of the store and the exterior parking areas. 3. There be a restriction in the amount of widow area blocked by product, shelving, or advertizement in order to maximize our ability to see into the store. Joe Cleary Captain, Lake Elsinore Police Department 1 Agendl:' Item No 13 Page 7. of 12 --"'/_- " VICINITY MAP 16665 LAKESHORE DRIVE Agenda Item No. 13 Page 8 of 12 IiI !~~~A~ ~~ !sr;:~ September 18, 2008 Mr. Tom Weiner Planning Manager City of Lake Elsinore Community Development Department 130 S. Main Street Lake Elsinore, CA 92530 Re: Public Convenience & Necessity (PC&N) Request Viscaya Village Shopping Center Nermine Aziz & Sabhi Elias 16665 Lakeshore Drive, Suite A Lake Elsinore, CA Mr. Tom Weiner, I am writing this letter on behalf ofNermine Aziz and Sabhi Elias in regards to their proposed new convenience store location at the address listed above. Nermine Aziz and Sabhi Elias are requesting a Public Convenience & Necessity (PC&N) letter for the new location. The proposed store is to be a convenience store carrying many of your daily need grocery items. The store will also include a counter for freshly made deli sandwiches, a coffee and fountain drink station and specialty items such as salads, fruits and other prepackaged meal items. Alcohol sales will not be more than 15% of the floor area. Please do not hesitate to contact me if you have any questions regarding this issue. ~~e - Tom O'Meara Cc: Nermine Aziz & Sabhi Elias Dan Leigh, Corman Leigh Communities 18800 Von Kuman Ave.. Suite 180. Irville, C.lIlifonia 92612 ph. 949.474.2088 . Ix. 919.474.7719 '~-, -~ -.'-,- . Agenda Item No. ,1.3 . ..... 'Page 9 vf 12 --". ~ MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, OCTOBER 7,2008 CALL TO ORDER - 6:00 P.M. Chairman Zanelli called the meeting to order at 6:0~/ .m. ~ PLEDGE OF ALLEGIANCE j;fJ$!l\, \ Commissioner Mendoza led the Pledge of ~gianCE!t ~; ROLL CALL '}f~;;i'\ PRESENT: CHAIRMAN ZANELCl'l.., VICE-CHAIRMAN FL~R,E~ COMMISSIONER GONZALES,f; COMMISSIONER MENlJ0 -"'''''''''"<- COMMiSSIONER O'NEA ABSENT: PUBLIC COMMENTS f~'---~~~j:?0"..;~" STAFF 'PRESENT "'~~*~ ,,*;,:,A;~. Also present 'W~~~~Actil]g Community Development Director Weiner, Deputy City Attorney Santal1'aji&~gsociate Planner Carlson, Planning Consultant Miller, Planning Consultant;Coury, Environmental Principal Planner Worthey, and Office Specialist Porche.,p BUSINESS ITEMS 7. A Reauest for Public Convenience and Necessity Findinas for Off-Premise Alcohol Sales from a Proposed Convenience Store Located Within the Viscava Villaae Shoppina Center Located at 16665 Lakeshore Drive. 1 Agenda Item No. 13 Page 10 of 12 1 Vice-Chairman Flores requested to be recused from the discussion of the project due to the proximity of his personal business which would be considered a conflict of interest. 11 H~ Acting Community Development Director Weiner provided the reading of the staff report to the Commission. He noted that City Council recently delegated the responsibility of public convenience and necessity findings to the Planning Commission. He stated the Department of Alcohol and Beverage Control requires that the Findings be made from the local jurisdiction when an area is over concentrated with similar types of alcohol licenses,. He stated that the census tract where the Viscaya Village Shopping Ce!'i(ijf'1i~ located contains five off premise locations according to the AB~.r:rcords. He stated ABC guidelines indicated that based on the census tracf a~~Bopulation, only three would be appropriate. He stated that the applic~~t is ~i]~i1able to answer any questions that the Commission may have. '\ II , :1 , \1 Norma Aziz, applicant, stated that she!i~J!poking'forward to doinglbusiness in the City. She stated that s~e has b~i~\'Q,~ ~~int:ss for sev{rli7years and never have had problems with ,local poilce or~~ Tom O'Meara, landlord, noteJittlat e apPlicanFI1~~~ good history with ABC and would like to have this busin~~SlOl! ht to the 'GJ~ % _,_ If Maryl~~ Veytia, re~jg\;.nt and ~ic~r~i ent otipe HOA of Vis~ya spoke in OppOSition of th~1ProJe~';J> She Indlc~ted there,are too many bUSinesses that sell alcohol in.<tlle area"I}She statea~she doesn't have a problem with the convenience"S15f:g.;.,.,p.. nly tl1~ sell of the qlc:;phol. "'Z&%..'.... . fT' 4t@t, *" CommJ?l~!.?MneE!!e'N~15 "a et'Jie does not have a problem with the CO~~i7nienc~st~,d tl1~'i\seIl of alcohol at that location. c~1nissioner G:f:~les i~qJffu;if'd the location of the store and asked if there ~,>~__ t~ _ F was a,restaurant thafiqnce stood at that location. "V1J4~, ~;~ '%-:~Y~::, ",,;.} Tom O'Mr~~~stat~~fthe proposed location is on the corner and is about 2,000 SqUar~f~~~"Ple stated that the Panda Palace is also at that location. )j/ Commissioner O'Neal asked the hours of the business. Tom O'Meara stated the hours would be from 8:00 a.m. to midnight. Commissioner Mendoza requested clarification of what the Sheriffs Department recommended. 2 Agenda Item No. 13 Page 11 of 12 Acting Community Development Director Weiner stated that the Sheriffs Department did have some concerns with the visibility into the store. He stated it was also noted that the store would need adequate surveillance. Chairman Zanelli listed all of the stores that are selling alcohol in that area. He stated that it would be difficult for him to support. The following vote resulted: It was motioned by Commissioner Mendoza, seconded by Commissioner Gonzales to deny the request and find that alcohol sales in conjunction with the proposed convenience store will not serve publip convenience and A~A: necessity. 1'r4/~, ~*t '<~""n, .'r"'v. A.-!-').'0' -'1) .it:::"/' d% CHAIRMAN ZANEL"'I~ ~\. li t~~%~ -!, ..,>,,<;,'- "l.'\. COMMISSIONE~1GONZALES COMMISSIONER:,MEND0ZA ',......,1..'4\1'. . .....m......."'......... ,,~ J'., COMMISSIONER 6:tNEhi!E' ' AYES: NOES: ABSENT: ABSTAIN: 3 Agenda Item No. 13 Page 12 of 12 CITY OF .~ LAKE ,6,LSiNORI: ~ DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER . DATE: OCTOBER 28, 2008 SUBJECT: SECOND READING - ADOPTION OF ORDINANCE NO. 1256, ADDING CHAPTER 5.80 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING TREE PRESERVATION Discussion Ordinance No. 1256 was introduced at a regular City Council meeting on October 14, 2008, and is now being presented for second reading and adoption. Recommendation Waive further reading and adopt Ordinance No. 1256, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 5.80 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING TREE PRESERVATION Prepared by: Jessica GuzmarrG/\ (1-,. Office Specialist~ RobertA Brad,f.ll~ City Manager Tl~ Approved by: Agenda Item No. 14 Page 1 of6 ORDINANCE NO. 1256 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 5.80 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING TREE PRESERVATION WHEREAS, it is recognized that the preservation of trees enhances the natural scenic beauty, sustains the long-term potential increase in property values which encourage quality development, maintains the ecology, provide a tempering effect to extreme temperatures, increases the attractiveness of the City to visitors, help reduce soil erosion, and increases the oxygen output of the area which is needed to combat air pollution; and WHEREAS, in order to promote the health, safety, and general welfare, to preserve and protect significant historical heritage values, to enhance the beauty of the City, and to complement and strengthen zoning, subdivision and land use standards and regulation, the City Council seeks to establish certain standards for the preservation and protection of trees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1. That Chapter 5.80 of the Lake Elsinore Municipal Code is added as follows CHAPTER 5.80 TREE PRESERVATION 5.80.010 Definitions "Landscape Guidelines" means the Lake Elsinore Landscape Guideline on file in the City's Community Development Department. "Park trees" means trees, shrubs bushes and all other woody vegetation in public parks having individual names, and all areas owned by the City, or to which the public has free access as a park. "Street trees" means as trees, shrubs bushes, and all other woody vegetation on land lying within the City right of way between property lines on either side of all streets, avenues or ways within the City. "Top" or "topping" mean the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Agenda Item No. 14 Page 2 of 6 5.80.020 Creation and Establishment of City Tree Committee There is hereby created and established a City Tree Committee for the City of . Lake Elsinore, California which shall consist of the City Manager and one or more of the following employees assigned by the City Manager: Director of Public Works, Director of Community Services Director, City Park Supervisor, and/or Public Works Manager. 5.80.030 Duties and Responsibilities It shall be the responsibility of the City Tree Committee to study, investigate, council and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks and in the public right-of-way. 5.80.040 Street Tree Species to be Planted The official street tree species list for the City of Lake Elsinore shall be the list identified in the Landscape Guidelines. No species other than those included in this list may be planted as street trees without written permission of the City Tree Committee. 5.80.050 Spacing The spacing of street trees shall be in accordance with the Landscape Guidelines. 5.80.060 Distance from the Curb and Sidewalk The distance street trees may be planted from curbs or curb lines and sidewalks shall be in accordance with the Landscape Guidelines. 5.80.070 Distance from Street Corners The distance street trees may be planted from street corners shall be in accordance with Landscape Guidelines. 5.80.080 Utilities No street trees may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water line, sewer line, transmission line or other utility. 5.80.090 Public Tree Care The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs in City parks and within the City right-of-way as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. Agenda Item No. 14 Page 3 of6 1 The City Tre~ C~m~ittee may remove or cause or order to be removed, any tree ?r p.art thereof which IS In an unsafe condition or which by reason of its nature is inJUriOUS to sew~rs, electric power lines, gas lines, water lines, or other public Improvements, or IS affected with any injurious fungus, insect or other pest. 5.80.100 Tree Topping It shall be unlawful as a normal practice for any person, firm, or City department to top any street tree, park tree, or other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the City Tree Committee. 5.80.110 Pruning, Corner Clearance Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet (8') above the surface of the street or sidewalk. Such owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign. 5.80.120 Dead or Diseased Tree Removal The City hereby declares that dead or diseased trees on private property within the City constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the City. Such dead or diseased trees are a public nuisance and shall be subject to removal pursuant to Chapter 8.18 and/or Chapter 8.32. 5.80.130 Removal of Stumps All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. 5.80.140 Arborist License and Bond It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the City without first applying for and procuring a City Business License. SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. Agenda Item No. 14 Page 4 of 6 SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 28th day of October, 2008. DARYL HICKMAN MAYOR ATTEST: CAROL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY Agenda Item No. 14 Page 5 of 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSUDE )ss. CITY OF LAKE ELSINORE ) I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1256 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 14th day of October 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 28th day of October, 2008, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CAROL COWLEY INTERIM CITY CLERK Agenda Item No. 14 Page 6 of6 , .. CITY OF .~. LAK.E ,6,LSiI'iORJ: ~ DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: OCTOBER 28, 2008 SUBJECT: SECOND READING - ADOPTION OF ORDINANCE NO. 1257, ADDING CHAPTER 8.13 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING REGULATION OF SOLICITATION Discussion Ordinance No. 1257 was introduced at a regular City Council meeting on October 14, 2008, and is now being presented for second reading and adoption. Recommendation Waive further reading and adopt Ordinance No. 1257, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 8.13 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING REGULATION OF SOLICITATION Prepared by: Jessica Guzmar(;~; Office Specialist ~" Robert A. BradY~~ City Manager WJ Approved by: Agenda Item No. 15 Page 1 of6 1 ORDINANCE NO. 1257 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 8.13 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING REGULATION OF SOLICITATION WHEREAS, the City desires to protect citizens from the fear and intimidation accompanying certain kinds of solicitation, to promote tourism and business, and to preserve the quality of urban life while providing same and appropriate venues for constitutionally protected activity. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1. That Chapter 8.13 of the Lake Elsinore Municipal Code is added as follows: CHAPTER 8.13 REGULATION OF SOLICITATION 8.13.010 Purpose The purpose of this chapter is to protect citizens from the fear and intimidation accompanying certain kinds of solicitation, to promote tourism and business, and to preserve the quality of urban life while providing same and appropriate venues for constitutionally protected activity 8.13.020 Definitions "Automated teller machine" means a machine, other than a telephone: 1. that is capable of being operated by a customer of a financial institution; 2. by which the customer may communicate to the financial institution a request to withdraw, deposit, transfer funds, make payment, or otherwise conduct financial business for the customer or for another person directly from the customer's account or from the customer's account under a line of credit previously authorized by the financial institution for the customer; and 3. the use of which mayor may not involve personnel of a financial institution. "Coercion" means: 1. to approach or speak to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with either imminent Agenda Item No. 15 Page 2 of 6 bodily injury or the commission of a criminal act upon the person or another person or upon property in the person's immediate possession; 2. to persist in a solicitation after the person solicited has given a negative response; 3. to block, either individually or as a part of a group of persons, the passage of a solicited person; 4. to engage in conduct that would reasonably be construed as intended to compel or force a solicited person to accede to demands; 5. to use violent or threatening gestures toward a person; 6. willfully providing. or delivering, or attempting to provide or deliver, unrequested or unsolicited services or products with a demand or exertion of pressure for payment in return; or 7. to use profane, offensive, or abusive language, which is inherently likely to provoke an immediate violent reaction. "Exterior public pay telephone" means any coin or credit card reader telephone that is: 1. installed or located anywhere on a premises except exclusively in the interior of a building located on the premises; and 2. accessible and available for use by members of the general public. "Public transportation facility" means a facility or designated location that is owned, operated, or maintained by a city, county, county transportation authority, public transportation benefit area, regional transit authority, or metropolitan municipal corporation within the state. "Public transportation stop" means an area officially marked and designated as a place to wait for a bus, a light rail vehicle, or any other public transportation vehicle that is operated on a scheduled route with passengers paying fares on an individual basis. "Public transportation vehicle" has the meaning given that term in RCW 46.04.355, as currently adopted or as it may be amended in the future. "Self-service car wash" means a structure: 1. at which a vehicle may be manually washed by its owner or operator with equipment that is activated by the deposit of money in a coin-operated machine; and 2. that is accessible and available for use by members of the general public. "Self-service fuel pump" means a fuel pump: Agenda Item No. 15 Page 3 of6 1. from which a vehicle may be manually filled with gasoline or other fuel directly by its owner or operator, with or without the aid of an employee or attendant of the premises at which the fuel pump is located; and 2. that is accessible and available for use by members of the general public. "Solicit" and all derivative forms of "solicit" means to ask, beg, solicit, or plead, whether orally or in a written or printed manner, for the purpose of immediately receiving contributions, alms, charity, or gifts or items of value for oneself or another person. 8.13.030 Place of solicitation A. Solicitation near designated locations and facilities. 1. It is unlawful for any person to solicit another person within 15 feet of: a. an automated teller machine; b. the entrance of a building, unless the solicitor has permission from the owner or occupant; c. an exterior public pay telephone; d. a self-service car wash; such vehicle. e. a self-service fuel pump; f. a public transportation stop; or g. any parked vehicle as occupants of such vehicle enter or exit 2. It is unlawful for a person to solicit another person: a. after sunset or before sunrise; b. in any public transportation facility or vehicle. c. by approaching an operator or occupant of a motor vehicle while such vehicle is located on a public roadway, unless for the purpose of summoning aid or requesting assistance in an emergency situation. B. For purposes of subsection A, measurement will be made in a straight line, without regard to intervening structures or objects, from the nearest point at which a solicitation is being conducted to whichever is applicable of the following: Agenda Item No. 15 Page 4 of 6 1. the nearest entrance or exit of a facility in which an automated teller machine is enclosed or, if the machine is not enclosed in a facility, to the nearest part of the automated teller machine; 2. the nearest entrance or exit of a building; 3. the nearest part of an exterior public pay telephone; 4. the nearest part of the structure of a self-service car wash; 5. the nearestpart of a self-service fuel pump; 6. the nearest point of any sign or marking designating an area as a public transportation stop; or 7. any door of a parked vehicle that is being used by an occupant of such vehicle to enter or exit such vehicle. 8.13.040 Solicitation by Coercion It is unlawful for a person to solicit by coercion. SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 28th day of October, 2008. . DARYL HICKMAN MAYOR ATTEST: CAROL COWLEY INTERIM CITY CLERK Agenda Item No. 15 Page 5 of6 APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSUDE )ss. CITY OF LAKE ELSINORE ) I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1257 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 14th day of October 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 28th day of October, 2008, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CAROL COWLEY INTERIM CITY CLERK Agenda Item No. 15 Page 6 of 6 CITY OF ~ LAKE ,6ILSiNOR-E ~.: DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: OCTOBER 28,2008 SUBJECT: COMMERCIAL DESIGN REVIEW NO. 2008-05; A REQUEST FOR THE RENOVATION AND RELATED ONSITE IMPROVEMENTS OF THE EXISTING 2,040 SQUARE-FOOT "TACO BELL" RESTAURANT AND ASSOCIATED DRIVE-THRU LOCATED 31712 MISSION TRAIL DRIVE (APN: 363-172-014) Backaround At the regularly scheduled meeting of October 21, 2008, the Planning Commission adopted Resolution No. 2008-80 recommending City Council's adoption of necessary Multiple Species Habitat Conservation Plan (MSHCP) findings; Resolution No. 2008-81 approving Conditional Use Permit No. 2008-06; and Resolution No. 2008-82 recommending City Council approval of Commercial Design Review No. 2008-05 for the proposed renovation and related onsite improvements of the existing 2,040 square-foot "Taco Bell" restaurant and associated drive-thru located at 31712 Mission Trail Drive (APN: 363-172-014). Discussion The project was presented to the City of Lake Elsinore Planning Commission on October 21, 2008, for review and consideration. Items presented for discussion at this meeting included setbacks, landscaping, drive-thru enhancements, and architectural enhancements. The Planning Commission expressedcsatisfaction with the proposed architectural enhancements and landscaping with the - consent of the applicant. Furthermore, the Planning Commission asked the applicant if he agreed to all Conditions of Approval related to the proposed project. The applicant's representative addressed the Planning Commission and notified the body that he was in full agreement with all attached Conditions of Approval. Finally, the Planning Commission voted unanimously to recommend that the City Council adopt consistency findings with the Multiple Species Habitat Conservation Plan (MSHCP) and Commercial Design Review No. 2008-05. Furthermore, the Planning Commission voted unanimously to approve Conditional Use Permit No. 2008-06. . Agenda Item No. 16 Page 1 of 60 Commercial Design Review No. 2008-06 ("Taco Bell" Renovation) October 28,2008 Page 2 FiscallmDact Ultimately, the proposed project will have a positive fiscal impact to the existing commercial area and to the City. In that, the project will generate increased sales tax revenue and will expand the availability of job opportunities within the City. Recommendations The Planning Commission recommends that the City Council: 1. Adopt Resolution No. 2008-_ adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan. 2. Adopt Resolution No. 2008-_ approving Commercial Design Review No. 2008-05. Prepared by: Justin CarlSo~ Associate PI~;;-~ Robert A. Brady ntil City Manager IlW Approved by: Attachments 1. Vicinity Map 2. City Council Resolution No. 2008- adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan. 3. City Council Resolution No. 2008- approving Commercial Design Review No. 2008-05. 4. Conditions of Approval. 5. CEQA- Notice of Exemption. 6. Planning Commission staff report, (with attachments), dated October 21, 2008. 7. Full Size Plans. Agenda Item No. 16 Page 2 of 60 VICINITY MAP COMMERCIAL DESIGN REVIEW NO. 2008-05 "TACO BELL RENOVATION" 0:: '0 '0 'Z :0 ,:::; '<( is CITY COUNCIL Agenda Item No. 16 Page 3 of 60 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS THE "TACO BELL" RENOVATION IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Mark Moore of 7-M Corporation, has initiated proceedings to request the approval of Conditional Use Permit No. 2008-06 (the "CUP") and Commercial Design Review No. 2008-05 in order for the renovation as well as related on-site improvements of the existing 2,040 square-foot "Taco Bell" restaurant and associated drive-thru. The project is generally located two-hundred fifty-feet (250') southeast of the Railroad Canyon Road and Mission Trail intersection and fifty-feet (50') northeast of Mission Trail at 31712 Mission Trail (APN: 363-172-014). The proposed project is within the C-1 (Neighborhood Commercial) Zoning district and the General Commercial (GC) General Plan Land Use designation; and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land within an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ("LEAP") and a Joint Project Review ("JPR") between the City and the Regional Conservation Authority ("RCA") prior to public review of the project applications; and WHEREAS, Section 6.0 further requires that development projects within or outside of a criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and/or City Council; and WHEREAS, the Project is not located within an MSHCP criteria cell and therefore, the Project was not processed through a LEAP nor JPR; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, the City Council has been delegated with the responsibility of making determinations regarding the consistency of discretionary project entitlements with the MSHCP; and WHEREAS, public notice of the Project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on October 28, 2008. --AgenaaltemNo.16 Page 4 of 60 CITY COUNCIL RESOLUTION NO. 2008- PAGE 2 OF 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed application and its consistency with the MSHCP prior to making a decision to adopt findings that the Project is consistent with the MSHCP. SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the City Council makes the following findings: 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Property is not located within a MSHCP criteria cell. As such, the Project was not processed through the LEAP and JPR, but was reviewed for consistency with the MSHCP "Plan Wide Requirements," including Section 6.1.2 Riparian/Riverine Areas and Vernal Pool Guidelines. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Property is not located within a MSHCP criteria cell and therefore the Project was not processed through the LEAP and JPR. 3. The proposed project is consistent with the RiparianlRiverine Areas and Vernal Pools Guidelines. The Project involves a remodel of an existing commercial facility. As such, there are no MSHCP-covered species or habitat present on the Property. The Project is therefore consistent with the Riparian/Riverine Areas and Vemal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. Per MSHCP requirements, the Property is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 6.1.3. No further action regarding this section of the MSHCP is required. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. Per MSHCP requirements, the Property is not subject to any of the Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. No further action regarding this section of the MSHCP is required. Agenda Item No. 16 ---- Page 5 of 60 CITY COUNCIL RESOLUTION NO. 2008- PAGE 3 OF 5 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The Project involves a remodel of an existing commercial facility. There are no vacant or conserved lands on or adjacent to the Property. As such, the Project is not subject to the Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP. No further action regarding this section of the MSHCP is required. 7. requirements. The Project involves a remodel of an existing commercial facility. As such, there are no MSHCP-covered species or habitat present on the Property. None of the resources for which the vegetation mapping requirements apply will be impacted by the Project. No further action regarding this section of the MSHCP is required. The proposed project is consistent with the Vegetation Mapping 8. The proposed project is consistent with the Fuels Management Guidelines. The MSHCP acknowledges that brush management to reduce fuel loads and protect urban uses and public health/safety shall occur where development is adjacent to conservation areas. The Project involves a remodel of an existing commercial facility, and there are no vacant or conserved lands on or adjacent to the Property for which the .Fuels Management Guidelines (Section 6.4) would apply. No further action regarding this section of the MSHCP is required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 10. The proposed project is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon the evidence presented, the above findings, and the conditions of approval attached to the Resolution approving Commercial Design Review No. 2008-05, the City Council of the City of Lake Elsinore does hereby adopt findings that the Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. ~, A0enda ItemNo. 16 ----------Page6 of 60 CITY COUNCIL RESOLUTION NO. 2008- PAGE 4 OF 5 PASSED, APPROVED AND ADOPTED on this 28th day of October 2008. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY CCAgenda Item No. 16 .-.. -----Page-? of 60 CITY COUNCIL RESOLUTION NO. 2008- PAGE 5 OF 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 28th day of October 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: CAROL COWLEY INTERIM CITY CLERK ~'-''--:-Agenac: Item-No. 16 -Page-8 of 60 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2008-05 " " i WHEREAS, Mark Moore of 7-M Corporation, has initiated proceedings to request the approval of Commercial Design No. 2008-05 in order for the renovation as well as related on-site improvements of the existing 2,040 square-foot "Taco Bell" restaurant and associated drive-thru; and I' ,I ~ ! !' WHEREAS, the project is generally located two-hundred fifty-feet (250') southeast of the Railroad Canyon Road and Mission Trail intersection and fifty-feet (50') northeast of Mission Trail at 31712 Mission Trail (APN: 363-172-014); and WHEREAS, the proposed project is within the C-1 (Neighborhood Commercial) Zoning district and the General Commercial (GC) General Plan Land Use designation; and WHEREAS, the Developer proposes the project on a fully developed existing .66 acre site located two-hundred fifty-feet (250') southeast of the Railroad Canyon Road and Mission Trail intersection and fifty-feet (50') northeast of Mission Trail at 31712 Mission Trail (APN: 363-172-014); and WHEREAS, the Design Review includes design details for the renovation as well as related on-site improvements of the existing 2,040 square-foot "Taco Bell" restaurant; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of considering and approving commercial projects; and WHEREAS, public notice of the project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on October 28th, 2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed design for the "Taco Bell" restaurant, drive-thru, and related on-site improvements prior to making a decision and has found them acceptable. SECTION 2. The City Council hereby finds and determines that Commercial Design Review No. 2008-05 is categorically exempt from the California Environmental Quality Act (Public Resources Code ~~ 21000 et seq.: "CEQA") and the Guidelines for Implementation of CEOA (14 California Code of Regulations ~~ 15000 et seq.: "CEQA . Agenda ItellLNo. 16 --- -----Page 9 of 60 CITY COUNCIL RESOLUTION NO. 2008- PAGE 2 OF 4 Guidelines") pursuant to Section 15301 (Class 1) (d) and (e) (Existing Facilities) categorical exemption. Specifically, the City Council finds that the project is an existing facility with associated drive-thru that will be remodeled in order to meet current standards of public health and safety as well as Lake Elsinore Municipal Code development requirements. Furthermore, the City Council finds that any addition to the existing structure will not result in an increase in of more than fifty-percent (50%) of the floor-area of the structure(s) before the addition. SECTION 3. That in accordance with Section 17.74 of the City of Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Commercial Design Review No. 2008-05: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the site is located. The General Plan and Zoning Map designate the site for (C-1) Neighborhood Commercial. The proposed project and its uses are consistent with the goals and objectives of the General Plan in providing suitable commercial opportunities for its residents. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The purpose of the design review process is to ensure that new developmerJ/ occurs enhances the character and quality of surrounding properties. The project was reviewed as to scale, relationships to buildings and surrounding uses, and architectural treatment to ensure that it visually contributes to the area. Buffer areas for landscaping have been provided and designed so as to compliment existing surrounding commercial development. 3. Conditions and safeguards pursuant to Section 17.82.070 including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the C-1 Zone. The project has been conditioned to comply with the development standards of the C1-Neighborhood Commercial zone, as well as other requirements within the Municipal Code that address compatibility with adjacent uses. SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached, the City Council of the City of Lake Elsinore does hereby approve of Commercial Design Review No. 2008-05. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. .~ -Ag~nd:rltem No. 16 --------'---'---Piige-1Q of 60 CITY COUNCIL RESOLUTION NO. 2008- PAGE 3 OF 4 PASSED, APPROVED AND ADOPTED on this 28th day of October 2008. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY I,genda Item No. 16 -----Page-11 of 60 CITY COUNCIL RESOLUTION NO. 2008- PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 28th day of October 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: CAROL COWLEY INTERIM CITY CLERK Agenda:tem No. 16 --~Page12 of60 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 2008-06 AND COMMERCIAL DESIGN REVIEW NO. 2008-05 (TACO BELL RESTAURANT AND ASSOCIATED DRIVE.THRU RENOVATION AS WELL AS ON-SITE IMPROVEMENTS) " PLANNING DIVISION GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning Conditional Use Permit No. 2008-06 Commercial Design Review No. 2008-05 for the 'Taco Bell" restaurant and associated drive-thru renovation and on-site improvements located at 31712 Mission Trail (APN: 363-172-014) project attached hereto. 2. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. 3. Prior to issuance of any building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original copy to the Community Development Department for inclusion in the case records. 4. The applicant shall comply with any/all requirements of the Riverside County Fire Department. 5. The Applicant is to meet all applicable City Codes and Ordinances. 6. The Applicant shall comply with the City's Noise Ordinance. All construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 7. The applicant is to meet all requirements of the Lake Elsinore Unified School district. 8. The Conditional Use Permit approved herein shall lapse and shall become, void one (1) year following the date on which the use permit became effective, unless Agenda Item No. 16 Page 13 of 60 prior to the expiration of one (1) year a building permit is issued and construction commenced and diligently pursued toward completion on the site. 9. The Conditional Use Permit shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. 10. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 11. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. The sign shall be placed on the property prior to the issuance of a building permit. 12. The Commercial Design Review approved herein is good for two (2) years from the date of approval. After the two (2) years has expired, an extension for a third (3rd) year may be granted by the Director of Community Development. After the third (3rd) year extension expires, the applicant may be granted a final extension for one (1) year or fourth (4th) year and final extension; subject to the review and approval of the approving body. 13. Brisbane Box trees can become too big for the proposed parking lot planters. The applicant shall submit a revised landscaped plan that shows a more appropriate species to be reviewed and approved by the City's Landscape Architect. 14. The project shall comply with any/all requirements of the Parks & Recreation Department. 15. The project shall comply with any/all requirements of the Building & Safety Division. 16. All parking stalls, other than disabled parking stalls, shall be striped with double lines two-feet (2') apart and all strips shall have a minimum width of four inches (4"). 17. Decorative paving treatments shall be incorporated at all ingress/egress points along Mission Trail and Casino Drive and the entrance and exit of the proposed drive-thru. 18. All existing/proposed walls/retaining walls visible from the public right-of-way shall include decorative exterior materials or stucco. If the applicant proposes to Agenda Item No. 16 Page 14 of 60 incorporate stucco, the applicant shall match the stucco style and color of the proposed restaurant. 19. The existing retaining wall located within the southwest planter bed along Mission Trail shall be removed. 20. A rain sensor shall be provided for the project, which will assist in the conservation of water. 21. All exterior or ground mounted equipment, service equipment, grease traps, etc., shall be effectively screened from public view. 22. All exterior roof access ladders and roof mounted equipment shall be located within the building and be located below the roof parapets, so as to not be visible from public view. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 23. The applicant shall pay any/all applicable Library Capital Improvement Fund fees, prior to the issuance of a building permit. 24. Any/all applicable fees shall be paid, prior to the issuance of a building permit. 25. Prior to the issuance of a building permit, the applicant shall submit a revised site plan that indicates that the planter bed at the southwest corner of the property has a minimum setback of fifteen-feet (15') and an average setback of twenty-feet (20'). 26. Prior to the issuance of a building permit, the applicant shall submit a revised landscape plan that indicates that the internal parking lot planting equals a total of five-percent (5%) of the overall landscaping percentage. 27. Prior to the issuance of a building permit, the applicant shall submit a revised landscape plan that indicates that there is a minimum of one (1) twenty-four inch (24") box tree for every five (5) parking spaces. 28. Prior to the issuance of a building permit, the applicant shall submit a photometric study, which indicates that proposed project has a minimum of one-foot (1') candle throughout the site and five-foot (5') at all building entrances. 29. Prior to the issuance of a building permit, the applicant shall submit elevations of decorative parking lot fixtures as well as wall mounted fixtures to be reviewed and approved by the Director of Community Development or his/her designee. All parking lot lighting and wall mounted lighting fixtures shall reflect the architectural style of the proposed restaurant. Agenda Item No. 16 Page 15 of 60 30. Prior the issuance of a building permit, the applicant shall submit elevations of the proposed trash enclosure. The trash enclosure shall have a solid roof, decorative front-doors, and shall be constructed with like materials to reflect the architectural style of the proposed restaurant. The trash enclosure elevations shall be reviewed and approved by the Director of Community Development or his/her designee. 31. Prior to the issuance of a building permit, the applicant shall submit a revised landscape plan that shows that the applicant has incorporated a landscape berm with shrubs planted on the top within the landscape planter between Casino Drive and the proposed drive-thru. The height of the landscape berm and the materials to be planted on top shall be reviewed and approved by the City's Landscape Architect. The minimum landscape berm height shall be high enough as to effectively screen the existing drive-thru lane from public view along Casino Drive. 32. Prior to the issuance of a building permit, the applicant shall submit a line-of-site plan from all elevations, so as to verify that all roof mounted equipments is not visible and effectively screened from public view. 33. Prior to the issuance of a building permit, the applicant shall submit a revised landscape plan, which indicates that all proposed street trees along Mission Trail and Casino Drive are selected from the City approved street tree list. 34. Decorative paving treatments shall be incorporated at all building entrances. 35. The proposed exposed out lookers and trellises shall be painted so as to resemble a stain representative of a "Santa Barbara" wood stain. PRIOR TO THE ISSUANCE OF A CERTIFICA TE OF OCCUPANCY 36. The applicant shall meet all conditions of approval prior to the issuance of a certificate of occupancy. 37. Prior to the issuance of a Certificate of Occupancy, the applicant shall have processed and received Planning Commission approval of a Uniform. Sign Program for all building mounted, free-standing, and directional signs for the proposed "Taco Bell". All proposed signs shall architecturally reflect the newly renovated "Taco Bell" restaurant. CITY OF LAKE ELSINORE DIVISION OF ENGINEERING 38. The applicant shall obtain an encroachment permit for any work performed in public right-of-way. 39. The applicant shall dedicate ten-feet (10') of road easement on Mission Trail and ten-feet (10') of road easement on Casino Drive. Agenda Item No. 16 Page 16 of 60 40. Capital Improvement fees and mitigation fees pursuant to LEMC 16.34, Res. 85-26 if applicable, shall be paid prior to issuance of building permit. 41. The existing trash enclosure that is proposed to be removed shall be relocated to the first parking stall on the southwest corner of the property. 42. The applicant shall provide signing and striping for traffic entering and exiting the site and for on-site parking and circulation. 43. The applicant shall implement NPDES Best Management Practices during and after construction to prevent discharge of pollutants into the city's storm drain system. 44. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Incorporated 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. RIVERSIDE COUNTY FIRE DEPARTMENT 45. ROOFING MATERIAL- All buildings shall be constructed with class B roofing materials as per the California Building Code. 46. BLUE DOT REFELECTOR- Blue retro reflective pavement markers shall be mounted on private street, public streets And driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by Lake Elsinore Fire Services. 47. MINIMUM REQUIRED FIRE FLOW- Minimum required fire flow shall be 1500 GPM for 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Fire flow is based on type V-B construction per the 2007 CBC and building(s) having a fire sprinkler system. 48. SUPER FIRE HYDRANT- The average spacing between Super Fire Hydrant(s) (6" x 4" x 2 Y:z"x 2 Y:z ") shall be not exceed 500 feet between hydrants and have a maximum distance of 250 feet from any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. 49. RAPID HAZMAT BOX- Rapid entry Hazardous Material data and key storage cabinet shall be installed on the outside of the building. Plans shall be submitted to the Lake Elsinore Fire Services for approval prior to installation (Current plan check fee is $126.00). Agenda Item No. 16 Page 17 of 60 50. WATER PLANS- The applicant or developer shall separately submit two copies of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Lake Elsinore Fire Services." 51. BLDG PLAN CHECK FEE- Building plan check deposit fee of $1,056.00, shall be paid in a check or money order to the City of Lake Elsinore before plans have been approved by our office. 52. WATER CERTIFICATION- The applicant or developer shall be responsible to submit written certification from the water company noting the location of the existing fire hydrant and that the existing water system is capable of delivering 1500 GPM fire flow for a 2 hour duration at 20 PSI residual operating pressure. If a water system currently does not exist, the applicant or developer shall be responsible to provide written certification that financial arrangements have been made to provide them. 53. WATER PLANS- The applicants or developer shall separately submit two copies of the water system plans to the Fire Department for review and approval. Calculated velocities shall not exceed 100 feet per second. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed and approved by a registered civil engineer and the local Water Company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Lake Elsinore Fire Services." PRIOR TO BUILDING FINAL FIRE INSPECTION 54. FIRE LANES- The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 55. SUPER FH/FLOW- Minimum required fire flow shall be 1500 GPM for 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Fire flow is based on type V-B construction per the 2007 CBC and building(s) having a fire sprinkler system. The average spacing between Super fire hydrant (s) (6" x 4" x 2 y." x 2 Yo ") shall be not exceed 500 feet between hydrants and have a maximum distance of 250 feet from any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. Agenda Item No. 16 Page 18 of 60 56. LOW LEVEL EXIT SIGN Door - level exit signs, exit markers and exit path marking shall be installed per the California Building Code. 57. EXTINGUISHERS- Install portable fire extinguishers with a minimum rating of 2A- 1 OBC and signage. Fire Extinguishers located in public areas shall be in a recessed cabinet mounted 48" (Inches) to enter above the floor level with Maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. 58. HOOD DUCTS- A U.L. 300 hood duct fire extinguishing system must be installed over the cooking equipment. Wet chemical extinguishing system must provide automatic shutdown of all electrical components and outlets under the hood upon activation. system must be installed by a licensed C-16 contractor. Plans must be submitted with current fee to the Fire Department for review and approval prior to installation. Note: A dedicated alarm system is not required to be installed for the exclusive purpose of monitoring this suppression system. However, a new or pre- existing alarm system must be connected to the extinguishing system. (.separate fire alarm must be submitted for connection) (Current plan check fee is $215.00). 59. TITLE 19- The project shall comply with Title 19 of the California Administrative Code. Agenda Item No. 16 Page 19 of 60 CITY OF ~ LAKJ 6LSiIiORJ , I ?).y DREAM E1TREME" Notice of Exemption (pursuant to the California Environmental Quality Act) Filed With: 0 Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento,CPe 95814 [g) County Clerk of Riverside County 2724 Gateway Drive Riverside, CJ\ 92507 Project Title: Conditional Use Permit No. 2008-06 and Commercial Design Review No. 2008-05 Project Location: 31712 Mission Trail Road (J\PN 363-172-014) Project Location (City): City of Lake Elsinore Project Location (County): Riverside County Description of Project: Pe request for the renovation as well as related onsite improvements of the existing 2,040 square-foot "Taco Bell" restaurant and associated drive-thru. Exempt Status: o Ministerial (Section 15073) o Declared Emergency (Section 15071 (a)) o Emergency Project (Section 15071 (b) and (c)) [g) Categorical Exemption (state type and section number): Miele 19 Categorical Exemptions Section 15301 Existing Facilities Reasons why project is exempt: The proposed project meets the. requirements pursuant to Section 15301 (d) and (e) of the California Environmental Quality Pect (CEQPe) Guidelines. The project is an existing facility that will be remodeled to meet current standards of public health and safety as well as Lake Elsinore Municipal Code development requirements. J\ny addition to the existing structure will not result in an increase of more than 50 percent of the floor area of the structures before the addition. The area in which the project is located is not environmentally sensitive. Furthermore, the project does not meet any of the conditions pursuant to Section 15300.2 which provides several additional exceptions to the use of categorical exemptions. Name of Lead Agency: City of Lake Elsinore, Community Development Department, Planning Division Lead Agency Contact Person: Wendy Worthey, Principal Environmental Planner Telephone Number: (951) 674-3124 ext 288 For inquires please contact: Wendy Worthey, Principal Environmental Planner (951) 674-3124 ext 288 Signed: Title: Pecting Director of Community Development Tom Weiner Agenda Item No. 16 Page 20 of 60 CITY OF ~ LAK.B ,6,LSiNORJ: ~~ DREAM E,XTREMEw REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: DATE: TOM WEINER, ACTING DIRECTOR OF COMMUNITY DEVELOPMENT OCTOBER 21, 2008 CONDITIONAL USE PERMIT NO. 2008-06 AND COMMERCIAL DESIGN REVIEW NO. 2008-05; A REQUEST FOR THE RENOVATION AND RELATED ONSITE IMPROVEMENTS OF THE EXISTING 2,040 SQUARE-FOOT "TACO BELL" RESTAURANT AND ASSOCIATED DRIVE- THRU LOCATED AT 31712 MISSION TRAIL DRIVE (APN: 363-172-014) MARK MOOREI7-M CORPORATION: P.O. BOX 1790, FALLBROOK, CA 92088-1780 ROBERT E. CATHRO: 23428 CONTINENTAL WAY, CANYON LAKE, CA 92587-7768 SUBJECT: APPLICANT: . OWNER: Proiect Reauest The applicant is requesting approval of a Conditional Use Permit (CUP) and a Commercial Design Review for the renovation as well as related on-site improvements to the existing 2,040 square-foot "Taco Bell" restaurant and associated drive-thru located at 31712 Mission Trail (APN: 363-172-014). Project review is pursuant to Chapter 17.44 (C-1; Neighborhood Commercial Zoning District), Chapter 17.66 (Parking Requirements), Chapter 17.82 (Design Review), Chapter 17.38 (Non-Residential Development Standards), and Chapter 17.74 (Conditional Use Permits). Backaround On November 27, 1984, the City Council approved Commercial Design Review No. 84-11 for the construction of a "Taco Bell" restaurant with an associated drive-thru on a .66 acre Agenda Item No. 16 Page 21 of 60 Conditional Use Permit No. 2008-06 and Commercial Design Review No. 2008-05 October 21, 2008 Page 2 of 8 lot. SettinQ Project Site Commercial C-1 (Neighborhood General Commercial (GC) Commercial North Commercial C-1 (Neighborhood General Commercial (GC) Commercial South Commercial C-1 (Neighborhood East Lake Specific Plan Commercial East Commercial C-2 (General General Commercial (GC) Commercial West Commercial C-1 (Neighborhood General Commercial (GC) Commercial Proiect Location & SitinQ The proposed project site is generally located two-hundred fifty-feet (250') southeast of the Railroad Canyon Road and Mission Trail intersection and fifty-feet (50') northeast of Mission Trail at 31712 Mission Trail (APN: 363-172-014). The proposed project is within the C-1 (Neighborhood Commercial) Zoning district and the General Commercial (GC) General Plan Land Use designation. The existing "Taco Bell" restaurant is located on a "thru" lot which permits ingress/egress via Mission Trail as well as Casino Drive; however, the existing restaurant fronts Mission Trail. In addition to the existing restaurant, the site is fully developed and includes a drive- thru lane. (located at the northem section of the lot and exits on Mission Trail), a trash enclosure, a striped illuminated parking lot, and existing on-site landscaping. The lot is street level at Mission Trail and gently climbs in grade till it reaches Casino Drive. Site Plan Due to the fact that applicant is proposing to renovate the existing restaurant, the building and drive-thru foot print will remain as was originally designed and constructed. Presently, the building, which fronts Mission Trail, has a twenty-foot (20') setback from Mission Trail and eighty-eight foot (88') setback from Casino Drive. It should be noted that the City's Engineering Division is requiring a ten-foot (10') easement along Mission Trail and Casino Drive. The required easement will run from the north to the south end of the property. AGEtiDA ITJ;:M PA0'!gen<Ul=,rem No. 16 - Page 22 of 60 Conditional Use Permit No. 200S-06 and Commercial Design Review No. 200S-05 October 21, 200S Page 3 of S Presently the trash enclosure is located directly adjacent to the sidewalk at the northeast corner of the lot. To comply with LEMC landscape setbacks along Casino Drive, the applicant is proposing to setback the trash enclosure approximately fifteen-feet from Casino Drive. There will also be a five-foot (5') landscape planter on the interior side of the enclosure, which will separate the enclosure from the parking stalls. This will allow for landscaping to be included on all sides of the enclosure, thus effectively 'softening' its appearance. The applicant is proposing to re-design and re-stripe the existing interior parking lot. Presently, interior landscaping needs attention and the applicant is proposing to increase the size of all landscape planters so that they either meet or exceed minimal LEMC requirements as well as providing full and new landscaping materials and ground cover. Also, the parking lot will be re-striped to meet minimum LEMC parking space size requirements. There is an existing pedestrian access staircase along Mission Trail that will be re-located a few yards south from its present location. The applicant is proposing to include decorative materials in front and on top of the staircase in an effort to create visual interest along Mission Trail. Furthermore and to comply with all Americans with Disabilities Act (ADA) requirements, the applicant is also proposing to include a new ADA 'switchback' ramp that begins adjacent to the staircase along Mission Trail and terminates at the front- entrance of the restaurant. Due to the fact that there is a significant change in grade from the base of the ADA ramp along Mission Trail to the top, at the front entrance to the restaurant, the applicant will have to incorporate low retaining walls in order to provide ramp support. In order to minimize the visibility of the proposed ADA ramp retaining walls, the applicant is proposing to include landscaping in front of the walls. Staff has also added a condition of approval that requires the applicant to incorporate decorative materials and/or stucco on all proposed walls which are visible from the public right-of-way. Floor Plan The applicant is proposing to conduct a compete renovation to the inside of the existing restaurant. The proposed floor-plan will include a new dining area, (which will accommodate approximately forty-eight (48) seats), a drink station, order and serving area, men's and women's bathrooms, a drive-thru pick up window, food preparation area, one (1) office, dish washing area, refrigerated and dry food storage areas, and one (1) utility room. Also, there are two (2) proposed customer entrances on the west (front) and south (side) elevations and one (1) employee/delivery entrance located at the rear of the building on the east elevation. AGEN.PA ITE;M __ N 16 PAG@gen@jF"'::1I1 o. - Page 23 of 60 Conditional Use Permit No. 2008-06 and Commercial Design Review No. 2008-05 October 21,2008 Page 4 of 8 Onsite Circulation & Parkina As indicated, the applicant is proposing to keep the parking and circulation layout the same as what was originally constructed. There a two (2) existing points of ingress/egress off of Mission Trail and Casino Drive. To access the drive-thru, patrons will enter the northeast comer and circulate around the north side of the building. Once the transaction has been completed, patrons will then exit the drive-thru onto Mission Trail. In order to meet interior landscaping requirements as mandated by the LEMC, the applicant is proposing to reduce the amount of parking spaces. The applicant is proposing thirty-one spaces, with two (2) dedicated to disabled parking. All parking spaces will be designed at 90-degree angles and will meet minimum LEMC requirements of nine-feet (9') in width and eighteen-feet (18') in length. Architecture The applicant is proposing to renovate and enhance the exterior elevations of the existing "Taco Bell" restaurant using elements reflective of "Santa Barbara" architecture. The west, (facing Mission Trail) elevation will include a "Santa Barbara" stucco finish, an architectural canopy and pop-outs, stone veneer wainscot, and a decorative porte-cache with an "S"-tile roof and exposed out lookers. The south, (facing the interior parking lot), elevation will include a "Santa Barbara" stucco finish, stone veneer wainscot, an architectural canopy and pop-outs, an "S"-tile roof, out lookers, decorative window treatments and wall mounted lighting fixtures. The rear, (facing Casino Drive), elevation will include a decorative architectural treatment with trellis, which will assist in shielding the rear service doors and equipment, a "Santa Barbara" stucco finish, and a decorative porte-cache with an "s" -tile roof and exposed out lookers. The north, (drive-thru), elevation will include and a decorative porte-cache with an "S"-tiIe roof and exposed out lookers, a "Santa Barbara" stucco finish, and decorative wall- mounted light fixtures. Landscapina The applicant is proposing to enhance the existing landscaping onsite. The proposed and existing landscaping will include approximately 6,518 square-feet or twenty-two (22%) percent of the overall site. All interior parking lot planter beds will be increased in size and will include new materials, landscaping will be included on all four (4) sides ofthe building, and all perimeter landscaping will either be increased and/or revised with new materials. AGENpA ITI;M PAG!gen~1nm1 No. 16 - Page 24 of 60 Conditional Use Permit No. 2008-06 and Commercial Design Review No. 2008-05 October 21, 2008 Page 5 of 8 There are currently existing mature "eucalyptus" and "liquid Amber" trees along Mission Trail and Casino Drive as well as at the north and south property lines. The applicant is proposing to incorporate "Brisbane Box" and "Eastem Redbud" trees throughout the parking lot and around the building. It should be noted that all proposed trees will be a minimum size of twenty-four inch (24") box. In addition to the incorporation of new trees, the applicant is proposing a new palette of shrubs, ground covers, and boulders. Throughout the site, the applicant will incorporate five (5) gallon "Wax Leaf" Privets and "New Zealand" flax shrubs, as well as five (5) gallon "Fortnight" and "Day" lilies. New turf, "Star Jasmine" plants, and ornamental boulders will be incorporated to enhance the existing onsite landscaping. It should be known that the applicant is also proposing to incorporate climbing vines around the proposed trash enclosure. Colors & Materials "S"-Tile Roof ,.:~ ~LQ" . "Southwest Camel Back" "Southwest Amber Wave" "Southwest Rockwood Cia " "Southwest Iron Ore" "Caramel Mountain "EI Camino Blend" Stone Veneer Clay Analvsis Sitina The existing site plan, with attached conditions of approval, meets all applicable development standards and criteria outlined in the C-1 (Neighborhood Commercial) Zoning district and the Non-Residential development standards outlined in Chapter 1,7.38 ofthe LEMC, including but not limited to setbacks and building height. Although, the C-1 (Neighborhood Commercial) Zoning district does not have a minimum lot coverage or minimum f1oor-area-ratio (FAR) section within the LEMC, the existing building, with renovation improvements, will have a lot coverage/FAR of approximately seven percent (7%). However, the proposed lot coverage/FAR for the proposed project complies with the FAR requirements as outlined in the General Commercial General Plan designation. The General Commercial General Plan designation permits a maximum density development FAR of forty percent (40%). AGENOA IT.I;M item N 16 PAGE"gelleJfl o. - Page 25 of 60 Conditional Use Permit No. 2008-06 and Commercial Design Review No. 2008-05 October 21, 2008 Page 6 of 8 Onsite Circulation & Parkina The circulation, parking space layout, and parking space requirements, meets all requirements set forth in Chapter 17.66 (Parking Requirements) ofthe LEMC. Staff has determined that twenty-three (23) spaces are required for the customer area' and six (6) spaces are required for the non-customer area, based on LEMC requirements of one (1) space for each forty-five square-feet of customer area, plus one (1) space for each two- hundred (200) square-feet of non-customer area. To exceed the requirement of twenty- nine (29) spaces for the site, the applicant is proposing thirty (30) spaces, with two (2) dedicated to disabled parking. Drive- Thru Facilitv The existing drive-thru facility will meet all LEMC requirements in that it will accommodate approximately eight (8) stacked vehicles. Moreover, the lane will be sufficiently buffered and screened from surrounding properties and uses given the existing setback and onsite landscape improvements. Architecture The proposed exterior renovation of the "Taco Bell" complies with the Architectural Design Guidelines listed in the Community Design Element of the Lake Elsinore General Plan. Additionally, the proposed "Santa Barbara" architecture has been designed to achieve harmony and compatibility with surrounding commercial buildings in the vicinity of the project site. Correspondingly, the applicant has provided a variety of building design features and forms by employing treatments, such as articulated architectural features and pop-outs along the exterior walls, various window shapes, stone veneer wainscot, and a combination of "S"-Tile roof and parapets, which will create depth and shadowing. LandscaDina The proposed revised and enhanced landscaping for thel site complies with the requirements set forth within Lake Elsinore Municipal Code Sections 17.44.070 and 17.66.100. The proposed landscaping improvements will serve to enhance the building design and soften portions of the building elevations, provide shade and break-up expanses of pavement and the drive-thru facility within the parking lot as well as 'compliment and buffer surrounding properties and associated land uses. Colors & Materials The colors and materials proposed for this project meet the intent of the Architectural Design Guidelines listed in the Community Design Element of the City's General Plan AGENQA I1.E..M -"--- N 16 PAG~gel~p "';"" o. - Page 26 of 60 Conditional Use Permit No. 200S-06 and Commercial Design Review No. 200S-05 October 21, 200S Page 7 of S because the colors and materials produce diversity and enhance the architectural effects. Additionally, the colors and materials proposed will assist in blending the architecture into the existing and proposed landscaping. Environmental Determination Staff determined that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code ~~ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.CR ~~ 15000 et seq.), specifically pursuant to Section 15301 (d) and (e) (Existing Facilities). The Project is an existing facility that will be remodeled to meet current standards of public health and safety as well as Lake Elsinore Municipal Code development requirements. Furthermore, any addition to the existing structure will not result in an increase of more than fifty percent (50%) of the floor-area of the structure(s) before the addition. Recommendation a. Waive further reading and adopt a resolution adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan, and b. Waive further reading and adopt a resolution approving Conditional Use Permit No. 2008-06 for "Taco Bell", based on the Findings, Exhibits, and proposed Conditions of Approval, and c. Waive further reading and adopt a resolution recommending City Council approval of Commercial Design Review No. 2008-05 for 'Taco Bell", based on the Findings, Exhibits, and proposed Conditions of Approval. Prepared By: Justin Carlson, Associate Planner Tom Weiner ~ Acting Director of Community Development Approved By: AGENDA ITEM PA~d:wltem No. 16 Page 27 of 60 Conditional Use Permit No. 2008-06 and Commercial Design Review No. 2008-05 October 21, 2008 Page 8 of 8 Attachments: 1. Vicinity Map 2. Planning Commission Resolutions 3. Planning Commission Conditions of Approval 4. CEQA Notice of Exemption 5. Draft Acknowledgment Conditions of Approval 6. Site Plan (8 W' X 11") 7. Existing Site Plan/Survey (8 Yo" X 11") 8. Preliminary Grading Plan (8 Yo" X 11") 9. Proposed Floor Plan (8 Yo" X 11 ") 1 O. Proposed Roof Plan (8 Yo" X 11 ") 11. Elevations (8 Yo" X 11") 12. Existing/Demo Floor Plan (8 Yo" X 11") 13. Existing "Taco Bell" Elevations (8 W' X 11") 14. Existing/Proposed Landscape Plan (8 Yo" X 11") 15. Materials and Colors Board (8 W' X 11 ") 16. Full Size Plans AGENPA IT!;~ Item N 16 PA~gen~ o. - Page 28 of 60 VICINITY MAP CONDITIONAL USE PERMIT NO. 2008-06 AND COMMERCIAL DESIGN REVIEW NO. 2008-05 "TACO BEll RENOVATION" a:: '0 '0 .z :0 '::2: '<I: '0 PLANNING COMMISSION Agenda Item No. 16 Page 29 of 60 RESOLUTION NO. 2008-_ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPT FINDINGS THAT THE PROJECT KNOWN AS "TACO BELL" RENOVATION IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Mark Moore of 7-M Corporation, has initiated proceedings to request the approval of Conditional Use Permit No. 2008-06 (the "CUP") in order for the renovation as well as related on-site improvements of the existing 2,040 square-foot "Taco Bell" restaurant and associated drive-thru. The project is generally located two- hundred fifty-feet (250') southeast of the Railroad Canyon Road and Mission Trail intersection and fifty-feet (50') northeast of Mission Trail at 31712 Mission Trail (APN: 363-172-014). The proposed project is within the C-1 (Neighborhood Commercial) Zoning district and the General Commercial (GC) General Plan Land Use designation; and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land within an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ("LEAP") and a Joint Project Review ("JPR") between the City and the Regional Conservation Authority ("RCA") prior to public review of the project applications; and WHEREAS, Section 6.0 further requires that development projects within or outside of a criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and/or City Council; and WHEREAS, the Project is not located within an MSHCP criteria cell and therefore, the Project was not processed through a LEAP nor JPR; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council regarding the consistency of discretionary project entitlements with the MSHCP; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on October 21, 2008. Agenda Item No._ Page~of_ Agenda Item No. 16 Page 30 of 60 PLANNING COMMISSION RESOLUTION NO. 2008- PAGE20F4 - NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed application and its consistency with the MSHCP prior to making a decision to recommend that the City Council adopt findings that the Project is consistent with the MSHCP. SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the Planning Commission makes the following findings: 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Property is not located within a MSHCP criteria cell. As such, the Project was not processed through the LEAP and JPR, but was reviewed for consistency with the MSHCP "Plan Wide Requirements," including Section 6.1.2 Riparian/Riverine Areas and Vemal Pool Guidelines. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Property is not located within a MSHCP criteria cell and therefore the Project was not processed through the LEAP and JPR. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project involves a remodel of an existing commercial facility. As such, there are no MSHCP-covered species or habitat present on the Property. The Project is therefore consistent with the Riparian/Riverine Areas and Vemal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. Per MSHCP requirements, the Property is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 6.1.3. No further action regarding this section of the MSHCP is required. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. Per MSHCP requirements, the Property is not subject to any of the Gritical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. No further action regarding this section of the MSHCP is required. Agenda I~!r~~:m No. 16 Page_ 31 of 60 PLANNING COMMISSION RESOLUTION NO. 2008- PAGE 30F4 - 6. Guidelines. The proposed project is consistent with the UrbanlWildlands Interface The Project involves a remodel of an existing commercial facility. There are no vacant or conserved lands on or adjacent to the Property. As such, the Project is not subject to the UrbanIWildlands Interface Guidelines set forth in Section 6. 1.4 of the MSHCP. No further action regarding this section of the MSHCP is required. 7. The proposed project is consistent with the Vegetation Mapping requirements. The Project involves a remodel of an existing commercial facility. As such, there are no MSHCP-covered species or habitat present on the Property. None of the resources for which the vegetation mapping requirements apply will be impacted by the Project. No further action regarding this section of the MSHCP is required. 8. Guidelines. The proposed project is consistent with the Fuels Management The MSHCP acknowledges that brush management to reduce fuel loads and protect urban uses and public health/safety shall occur where development is adjacent to conservation areas. The Project involves a remodel of an existing commercial facility, and there are no vacant or conserved lands on or adjacent to the Property for which the .Fue/s Management Guidelines (Section 6.4) would apply. No further action regarding this section of the MSHCP is required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 10. The proposed project is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon the evidence presented, the above findings, and the conditions of approval attached to the Resolution approving Commercial Design Review No. 2008-05 and CUP No. 2008-06, the Planning Commission hereby recommends that the City Council of the City of Lake Elsinore adopt findings that the Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. Agenda Item No. PagrAgendilltem No. 16 Page 32 of 60 PLANNING COMMISSION RESOLUTION NO. 2008- PAGE40F4 - PASSED, APPROVED AND ADOPTED on this 21s1 day of October 2008. I Axel Zanelli, Chairman' City of lake Elsinore I i ATTEST: Tom Weiner Acting Director of Community Development i STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF lAKE ELSINORE ) )ss. ) I, TOM WEINER, Acting Director of Community Development of the City of lake Elsinore, Califomia, hereby certify that Resolution No. 2008- was adopted by the Planning Commission of the City of lake Elsinore at a regular meeting' held on the 21 sl day of October 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development Agenda Il/ilm NBia PageMgen lit"", No, 16 - t-'age 33 of 60 RESOLUTION NO. 2008- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-06 WHEREAS, Mark Moore of 7-M Corporation, has initiated proceedings to request the approval of Conditional Use Permit No. 2008-06 (the "CUP") in order for the renovation as well as related on-site improvements of the existing 2,040 square-foot ''Taco Bell" restaurant and associated drive-thru; and WHEREAS, the project is generally located two-hundred fifty-feet (250') southeast of the Railroad Canyon Road and Mission Trail intersection and fifty-feet (50') northeast of Mission Trail at 31712 Mission Trail (APN: 363-172-014); and WHEREAS, The proposed project is within the C-1 (Neighborhood Commercial) Zoning district and the General Commercial (GC) General Plan Land Use designation; and WHEREAS, the City of Lake Elsinore recognizes that certain uses have operational characteristics that, depending upon the location and design of the use, may have the potential to negatively impact adjoining properties, businesses or residents and therefore are permitted subject to the issuance of a conditional use permit, which allows the City to comprehensively review and approve the use; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying conditional use permits; and WHEREAS, on October 21, 2008 at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the. proposed Conditional Use Permit No. 2008-06 prior to rendering its decision and finds that the requirements of Chapter 17.74 of the Lake Elsinore Municipal Code have been satisfied. SECTION 2. The Planning Commission hereby finds and determines that Conditional Use Permit No. 2008-06 is categorically exempt from the California Environmental Quality Act (Public Resources Code 99 21000 et seq.: "CEQA") and the Guidelines for Implementation of CEQA (14 California Code of Regulations 9915000 et seq.: "CEQA Guidelines") pursuant to Section 15301 (Class 1) (d) and (e) (Existing Facilities) categorical exemption. Specifically, the Planning Commission finds that the project is an existing facility and associated drive-thru that will be remodeled to meet current standards of public health and safety as well as Lake Elsinore Municipal Code Agenda Item No. 16 Page 34 of 60 PLANNING COMMISSION RESOLUTION NO. 2008- PAGE20F4 development requirements. Furthermore, the Planning Commission finds that any addition to the existing structure will not result in an increase in of more than fifty- percent (50%) of the floor-area of the structure(s) before the addition. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval of CUP No. 2008-13: 1. The proposed use, on its own merits and within the ccintext 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. Issuance of this Conditional Use Permit will facilitate the creation of a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. The proposed land use conforms to the objectives of the General. Plan and 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. All applicable City departments and agencies have been afforded the opportunity to review the use permit and their comments have been addressed in the conditions of approval attached to the staff report for this CUP. Conditions have been applied relating to the proposed use, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding industrial development or the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the Lake Elsinore Municipal Code. The proposed Conditional Use Permit is for the renovation as well as related onsite improvements of the existing 2,040 square-foot '7aco Bell" restaurant and associated drive-thru located at 31712 Mission Trail Drive (APN: 363-172-014) only. The projects development requirements and parking needs have been analyzed and. staff has determined that the proposed use will compliment the existing use, based on the submitted plans and attached conditions of approval. 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 existing "Taco Bell" restaurant drive-thru facility has been reviewed in relation to the width and type of pavement needed to carry the type and quantity Agenda Item No. 16 Page 35 of 60 PLANNING COMMISSION RESOLUTION NO. 2008- PAGE30F4 of traffic generated. The City has adequately evaluated the potential impacts associated with the proposed facility prior to any renovations/modifications and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, and emergency services vehicles. 5. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. The CUP has been thoroughly reviewed and conditioned by all applicable City departments thereby eliminating the potential for any adverse effects. 6. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17,74.50 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 Lake Elsinore Municipal Code Section 17.74.050, the proposed "Taco Bell" renovation has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on October 21 2008. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Conditional Use Permit No. 2008-06. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of lake Elsinore, California, this 2151 day of October, 2008. Axel Zanelli, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development Agenda Item No. 16 Page 36 of 60 PLANNING COMMISSION RESOLUTION NO. 2008- PAGE40F4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, Califomia, hereby certify that Resolution No. 2008- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 21st day of October 2008, and that the same was adopted by the fOllowing vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development Agenda Item No. 16 Page 37 of 60 RESOLUTION NO. 200S-_ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 200S-05 WHEREAS, Mark Moore of 7-M Corporation, has initiated proceedings to request the approval of Commercial Design No. 2008-05 in order for the renovation as well as related on-site improvements of the existing 2,040 square-foot "Taco Bell' restaurant and associated drive-thru; and WHEREAS, the project is generally located two-hundred fifty-feet (250') southeast of the Railroad Canyon Road and Mission Trail intersection and fifty-feet (50') northeast of Mission Trail at 31712 Mission Trail (APN: 363-172-014); and WHEREAS, the proposed project is within the C-1 (Neighborhood Commercial) Zoning district and the General Commercial (GC) General Plan Land Use designation; and WHEREAS, the Developer proposes the project on a fully developed existing .66 acre site located two-hundred fifty-feet (250') southeast of the Railroad Canyon Road and Mission Trail intersection and fifty-feet (50') northeast of Mission Trail at 31712 Mission Trail (APN: 363-172-014); and WHEREAS, the Design Review includes design details for the renovation as well as related on-site improvements of the existing 2,040 square-foot "Taco Bell" restaurant; and . WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and making recommendations to the City Council regarding commercial projects; and WHEREAS, public notice of the project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on October 21S\ 2008. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed design for the "Taco Bell" restaurant, drive-thru, and related on-site improvements prior to making a decision and has found them acceptable. SECTION 2. The Planning Commission hereby finds and determines that Commercial Design Review No. 2008-05 is categorically exempt from the California Environmental Quality Act (Public Resources Code 99 21000 et seq.: "CEQA") and the Agenda It~~d8-ltem No. 16 Page ~'o'rF>age 38 of 60 PLANNING COMMISSION RESOLUTION NO. 2008. PAGE20F3 Guidelines for Implementation of CEOA (14 Califomia Code of Regulations ~~ 15000 et seq.: "CEOA Guidelines") pursuant to Section 15301 (Class 1) (d) and (e) (Existing Facilities) categorical exemption. Specifically, the Planning Commission finds that the project is an existing facility with associated drive-thru that will be remodeled in order to meet current standards of public health and safety as well as Lakei Elsinore Municipal Code development requirements. Furthermore, the Planning Commission finds that any addition to the existing structure will not result in an increase in of more than fifty-percent (50%) of the floor-area of the structure(s) before the addition. SECTION 3. That in accordance with Section 17.74 of the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Commercial Design Review No. 2008-05: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the site is located. The General Plan and Zoning Map designate the site for (C-1) Neighborhood Commercial. The proposed project and its uses are consistent with the goals and objectives of the General Plan in providing suitable commercial opportunities for its residents. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The purpose of the design review process is to ensure that new development occurs enhances the character and quality of surrounding properties. The project was reviewed as to scale, relationships to buildings and surrounding uses, and architectural treatment to ensure that it visually contributes to the area. Buffer areas for landscaping have been provided and designed so as to compliment existing surrounding commercial development. 3. Conditions and safeguards pursuant to Section 17.82.070 including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the C-1 Zone.. The project has been conditioned to comply with the development standards of the C1-Neighborhood Commercial zone, as well as other requirements within the Municipal Code that address compatibility with adjacent uses. SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached,. the Planning Commission hereby recommends City Council approval of Commercial Design Review No. 2008-05. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. Agenda 1t.El.m No~ N 16 Page Ageat'Q ",vm o. - Page 39 of 60 PLANNING COMMISSION RESOLUTION NO. 2008. PAGE 3 OF 3 PASSED, APPROVED AND ADOPTED on this 21sT day of October 2008. Axel Zanelli, Chairman City of lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 21st day of October 2008, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development Agenda Ite)!;'fN9.~m No. 16 Page ge61"'" "" - "Page 40 of 60 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 2008-06 AND COMMERCIAL DESIGN REVIEW NO. 2008-05 (TACO BELL RESTAURANT AND ASSOCIATED DRIVE-THRU RENOVATION AS WELL AS ON-SITE IMPROVEMENTS) PLANNING DIVISION GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body conceming Conditional Use Permit No. 2008-06 Commercial Design Review No. 2008-05 for the "Taco Bell" restaurant and associated drive-thru renovation and on-site improvements located at 31712 Mission Trail (APN: 363-172-014) project attached hereto. 2. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. 3. Prior to issuance of any building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original copy to the Community Development Department for inclusion in the case records. 4. The applicant shall comply with any/all requirements of the Riverside County Fire Department. 5. The Applicant is to meet all applicable City Codes and Ordinances. 6. The Applicant shall comply with the City's Noise Ordinance. All construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 7. The applicant is to meet all requirements of the Lake Elsinore Unified School district. 8. The Conditional Use Permit approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless Agenda Item No. 16 Page 41 of 60 prior to the expiration of one (1) year a building permit is issued and construction commenced and diligently pursued toward completion on the site. 9. The Conditional Use Permit shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. 10. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 11. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. The sign shall be placed on the property prior to the issuance of a building permit. 12. The Commercial Design Review approved herein is good for two (2) years from the date of approval. After the two (2) years has expired, an extension for a third (3rd) year may be granted by the Director of Community Development. After the third (3rd) year extension expires, the applicant may be granted a final extension for one (1) year or fourth (4th) year and final extension; subject to the review and approval of the approving body. 13. Brisbane Box trees can become too big for the proposed parking lot planters. The applicant shall submit a revised landscaped plan that shows a more appropriate species to be reviewed and approved by the City's Landscape Architect. 14. The project shall comply with any/all requirements of the Parks & 'Recreation Department. 15. The project shall comply with any/all requirements of the Building & Safety Division. 16. All parking stalls, other than disabled parking stalls, shall be striped with double lines two-feet (2') apart and all strips shall have a minimum width of four inches (4"). 17. Decorative paving treatments shall be incorporated at all ingress/egress points along Mission Trail and Casino Drive and the entrance and exit of the proposed drive-thru. 18. All existing/proposed walls/retaining walls visible from the public right-of-way shall include decorative exterior materials or stucco. If the applicant Proposes to Agenda Item No, 16 Page 42 of 60 incorporate stucco, the applicant shall match the stucco style and color of the proposed restaurant. 19. The existing retaining wall located within the southwest planter bed along Mission Trail shall be removed. 20. A rain sensor shall be provided for the project, which will assist in the conservation of water. 21. All exterior or ground mounted equipment, service equipment, grease traps, etc., shall be effectively screened from public view. 22. All exterior roof access ladders and roof mounted equipment shall be located within the building and be located below the roof parapets, so as to not be visible from public view. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 23. The applicant shall pay any/all applicable Library Capital Improvement Fund fees, prior to the issuance of a building permit. 24. Any/all applicable fees shall be paid, prior to the issuance of a building permit. 25. Prior to the issuance of a building permit, the applicant shall submit a revised site plan that indicates that the planter bed at the southwest comer of the property has a minimum setback of fifteen-feet (15') and an average setback of twenty-feet (20'). 26. Prior to the issuance of a building permit, the applicant shall submit a revised landscape plan that indicates that the intemal parking lot planting equals a total of five-percent (5%) of the overall landscaping percentage. 27. Prior to the issuance of a building permit, the applicant shall submit a revised landscape plan that indicates that there is a minimum of one (1) twenty-four inch (24") box tree for every five (5) parking spaces. 28. Prior to the issuance of a bUilding permit, the applicant shall submit a photometric study, which indicates that proposed project has a minimum of one-foot (1') candle throughout the site and five-foot (5') at all building entrances. 29. Prior to the issuance of a building permit, the applicant shall submit elevations of decorative parking lot fixtures as well as wall mounted fixtures to be reviewed and approved by the Director of Community Development or his/her de.signee. All parking lot lighting and wall mounted lighting fixtures shall reflect the architectural style of the proposed restaurant. Agenda Item No. 16 Page 43 of 60 30. Prior the issuance of a building permit, the applicant shall submit elevations of the proposed trash enclosure. The trash enclosure shall have a solid roof, decorative front-doors, and shall be constructed with like materials to reflect the architectural style of the proposed restaurant. The trash enclosure elevations shall be reviewed and approved by the Director of Community Development or his/her designee. 31. Prior to the issuance of a building permit, the applicant shall submit a revised landscape plan that shows that the applicant has incorporated a landscape berm with shrubs planted on the top within the landscape planter between Casino Drive and the proposed drive-thru. The height of the landscape berm and the materials to be planted on top shall be reviewed and approved by the City's Landscape Architect. The minimum landscape berm height shall be high enough as to effectively screen the existing drive-thru lane from public view along Casino Drive. 32. Prior to the issuance of a building permit, the applicant shall submit a line-of-site plan from all elevations, so as to verify that all roof mounted equipments is not visible and effectively screened from public view. 33. Prior to the issuance of a building permit, the applicant shall submit a revised landscape plan, which indicates that all proposed street trees along Mission Trail and Casino Drive are selected from the City approved street tree list. 34. Decorative paving treatments shall be incorporated at all building entrances. 35. The proposed exposed out lookers and trellises shall be painted so as to resemble a stain representative of a "Santa Barbara" wood stain. PRIOR TO THE ISSUANCE OF A CERTIFICA TEOF OCCUPANCY 36. The applicant shall meet all conditions of approval prior to the issuance of a certificate of occupancy. 37. Prior to the issuance of a. Certificate of Occupancy, the applicant shall have processed and received Planning Commission approval of a Uniform Sign Program for all building mounted, free-standing, and directional signs for the proposed "Taco Bell". All proposed signs shall architecturally reflect the newly renovated "Taco Bell" restaurant. . CITY OF LAKE ELSINORE DIVISION OF ENGINEERING 38. The applicant shall obtain an encroachment permit for any work performed in public right-of-way. 39. The applicant shall dedicate ten-feet (10') of road easement on Mission Trail and ten-feet (10') of road easement on Casino Drive. Agenda Item No. 16 Page 44 of 60 40. Capital Improvement fees and mitigation fees pursuant to LEMC 16.34, Res. 85-26 if applicable, shall be paid prior to issuance of building permit. 41. The existing trash enclosure that is proposed to be removed shall be relocated to the first parking stall on the southwest corner of the property. 42. The applicant shall provide signing and striping for traffic entering and. exiting the site and for on-site parking and circulation. 43. The applicant shall implement NPDES Best Management Practices during and after construction to prevent discharge of pollutants into the city's storm drain system. 44. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Incorporated 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. RIVERSIDE COUNTY FIRE DEPARTMENT 45. ROOFING MATERIAL- All buildings shall be constructed with class B roofing materials as per the Califomia Building Code. 46. BLUE DOT REFELECTOR- Blue retro reflective pavement markers shall be mounted on private street, public streets And driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by Lake Elsinore Fire Services. 47. MINIMUM REQUIRED FIRE FLOW- Minimum required fire flow shall be 1500 GPM for 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Fire flow is based on type V-B construction per the 2007 CBC and building{s) having a fire sprinkler system. 48. SUPER FIRE HYDRANT- The average spacing between Super Fire Hydrant{s) (6" x 4" x 2 Yo"x 2 Yo ") shall be not exceed 500 feet between hydrants and have a maximum distance of 250 feet from any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. 49. RAPID HAZMAT BOX- Rapid entry Hazardous Material data and key storage cabinet shall be installed on the outside of the building. Plans shall be submitted to the Lake Elsinore Fire Services for approval prior to installation (Current plan check fee is $126.00). Agenda Item No. 16 Page 45 of 60 50. WATER PLANS- The applicant or developer shall separately submit two copies of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Lake Elsinore Fire Services." 51. BLDG PLAN CHECK FEE- Building plan check deposit fee of $1 ,056.00, shall be paid in a check or money order to the City of Lake Elsinore before plans have been approved by our office. 52. WATER CERTIFICATION- The applicant or developer shall be responsible to submit written certification from the water company noting the location of the existing fire hydrant and that the existing water system is capable of delivering 1500 GPM fire flow for a 2 hour duration at 20 PSI residual operating pressure. If a water system currently does not exist, the applicant or developer shall be responsible to provide written certification that financial arrangements have been made to provide them. 53. WATER PLANS- The applicants or developer shall separately submit two copies of the water system plans to the Fire Department for review and approval. Calculated velocities shall not exceed 100 feet per second. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed and approved by a registered civil engineer and the local Water Company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Lake Elsinore Fire Services." PRIOR TO BUILDING FINAL FIRE INSPECTION 54. FIRE LANES- The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 55. SUPER FH/FLOW- Minimum required fire flow shall be 1500 GPM for 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Fire flow is based on type V-B construction per the 2007 CBC and building(s) having a fire sprinkler sYl?tem. The average spacing between Super fire hydrant (s) (6" x 4" x 2 y," x 2 Yo ") shall be not exceed 500 feet between hydrants and have a maximum distance of 250 feet from any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. Agenda Item No. 16 Page 46 of 60 56. LOW LEVEL EXIT SIGN Door - level exit signs, exit markers and exit p<:lth marking shall be installed per the California Building Code. 57. EXTINGUISHERS- Install portable fire extinguishers with a minimum rating of 2A- 10BC and signage. Fire Extinguishers located in public areas shall be in a recessed cabinet mounted 48" (Inches) to enter above the floor level with Maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. 58. HOOD DUCTS- A U.L. 300 hood duct fire extinguishing system must be installed over the cooking equipment. Wet chemical extinguishing system must provide automatic shutdown of all electrical components and outlets under the hood upon activation. system must be installed by a licensed C-16 contractor. Plans must be submitted with current fee to the Fire Department for review and approval prior to installation. Note: A dedicated alarm system is not required to be installed for the exclusive purpose of monitoring this suppression system. However, a new or pre- existing alarm system must be connected to the extinguishing system. (~separate fire alarm must be submitted for connection) (Current plan check fee is $215.00). 59. TITLE 19- The project shall comply with Title 19 of the California Administrative Code. Agenda Item No. 16 Page 47 of 60 . CITY OF .~ LAKE ,f),LSlf'lOFJ: V DREAM E,XTREME.. Notice of Exemption (pursuant to the California Environmental Quality Act) Filed With: 0 Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 Il9 County Clerk of Riverside County 2724 Gateway Drive Riverside, CA 92507 Project Title: Project Location: Conditional Use Permit No. 2008-06 and Commercial Design Review No. 2008-05 31712 Mission Trail Road (APN 363-172-014) Project Location (City): City of Lake Elsinore Project Location (County): Riverside County Description of Project: A request for the renovation as well as related onsite improvements of the existing 2,040 square-foot "Taco Bell" restaurant and associated drive-thru. Exempt Status: o Ministerial (Section 15073) o Declared Emergency (Section 15071 (a)) o Emergency Project (Section 15071 (b) and (c)) Il9 Categorical Exemption (state type and section number): Article 19 Categorical Exemptions Section 15301 Existing Facilities Reasons why project is exempt: The proposed project meets the requirements pursuant to Section 15301 (d) and (e) of the California Environmental Quality Act (CEQA) Guidelines. The project is an existing facility .that will be remodeled to meet current standards of public health and safety as well as Lake Elsinore Municipal Code development requirements. Any addition to the existing structure will not result in an increase of more than 50 percent of the floor area of the structures before the addition. The area in which the project is located is not environmentally sensitive. Furthermore, the project does not meet any of the conditions pursuant to Section 15300.2 which provides several additional exceptions to the use of categorical exemptions. Name of Lead Agency: City of Lake Elsinore, Community Development Department, Planning Division Lead Agency Contact Person: Wendy Worthey; Principal Environmental Planner Telephone Number: (951) 674-3124 ext 288 For inquires please contact: Wendy Worthey, Principal Environmental Planner (951) 674-3124 ext 288 Signed: Tom Weiner Title: Acting Director of Community Development Agenda Item No. 16 Page 48 of 60 ~ i' --------. ---i----- _ r -+--~'~J:."":&......,~~ Ih40ICC'~"f-~ f a ___~ ~, clS __ _. ----- II II 1/ = n ! 0 lI:I III r r :II III III = C ~ Z -t ~ ~ W ~ - - ~ -' 11l'O'~ ~.~ it: tl~ ~:;t I'" '"' --+- .'"',.... . <0>-- -"U _ . . ~ , " " " ~ 0 1'1 Iii " Ii 't ~ II . IF " " " I: 1 . 0 = . II. . !!! w SCD ':!! lOl :I ___ EBz-- ~--OO--O----w__'__lsl____lQ___ ---w-----w---_~_~__llll__ 'I~' B I~ 00'1.91 J .9!i.~.uS llDMl Ul ~,O',,, ---lll- -10- ----w- ~--w-- 1IIll_..H.....~I)_ ClL ,,\,'01" :11. dS) :1,^,'IJO O~.'SV'O"--D ....KMSO,. D /" J> ,1: I: i :l J> a ! ! ~ I ~ I Ie lI!'ilU ml'II,lIijl U.I,lllllill!llliU I' UII,' ~ . ill gU Iii! ~ II jl !f!l !;' !!I .. . CUP. 2008.05.06 llteplan jll , ~ ,1 ~ i 'll~l; ! II ' I 11111 ~ Ii!," i 1;\1 Ii I'h ! I I ~ i".i, ,HUil ~~~!:~ BB. ~"B. u~UJ- @@€)@00@f)eeee eee- iiHHlH iil,11 HI ililli' ," Ii' li'I'I"' II II I' I! I I i @@@ @@@@@@@@@@@@0 I I 1'1 !!lIljI ilij III 1I11lPql ,I! , II ; I !! I' I i ~ ~ ~ z o .. ~ ijj,;iiiiiii I ~ ; III J j! ~;I Ii ~ 1ll,"E r: II. f ::llfl, 8 " = " a 'Jm ;,11; " liill IlIll; !ll'il !llJ g Iii' !iiI Ilj!II'lP'~ !liil !l-I,ll~ I'. 11'10 I . , I I ~ , __ n -: ] Agenda Item No, 16 Page 49 of 60 I} ~ I) o III '" r- r- ID '" In ___ ~- C tjl = !L~ . Z~,.. .. ~~- ID 10) 101 ~ to .: ~ ~ -------. ---!--- ~ I ~~,.~.".~ .Il'.'! '''1..) -r--~~ "V<.::t'".l--;ao_.~. ~.JO/SCIV'I. 111 1 11 ._____ I I . 'I ~. ~IS .'no."! <lCt"JWtlJ"lll"O"d...., HdIlll<llCX'lAlJfIS ~ -~ ...-- --... l3:::>~\fd , 3 :J ~ \t .... lit i "II ii' " ~:iCII - ~" · (. . . .. . . . . , . ... .J __"'_~ p~:! -./'. eLL.... ,',hilI ",":JJ.'.'J.s:l." :Jtol~O ","Ot,,:::;, 'CO . ~ ii .....QMm ',K".8l',nll : _oIIl':Il --- "ffi -----., --~-OI---__._____ Z ______~___..______.-_ ~ .'. ! . E I E ) . I ! j . I ) Ie li!I'I~llm'l i,I!i;IIiII' UmmmiU I , II ! I,' , . III =!~ IIIB!I h I~ I~-,l ,I ill I i ~~- ! l.j' , _, .~ dsUngslte/SUl'VltJ' Agenda Item No, 16 Page 50 of 60 " '" .. Ie 'Ie i :l .. " ! :i .. :I :I lie !Juun fUl'1 ilUjl U'IIII!iinll!I~I"1 HI I I,' , 'II u~ il! ~ II II Ipl 'r ' ,II IJ = n o III 11\ r- " r- :II 11\ III = C ~ Z -I ~ III ~ 'II !. 3 ;; II qJ :'" -.~ i ---------- -; A T---~ .oo"(q,~ ! -----e-----e~ it fl' " i'" '0- ---- -----e ~ ------ ~~ ::::'::':-flJ. __81 , ~ -- ---- ----- ~ .,ot,,,, i ~ ! -Ol___- ~..,l':lll. -o--r-- .___..,... n ! --<* : " '-00- l>Ol'OlmTll"dCIfJ --~1M: Jil if II --".- . I"WSIItl""":tm i iil "'''1:IOIIIlOrlXU .tA$dIf1GfIO_a --2!"'W"~1IID/J J'I!' " i!!J rlJ:llH,j~~UI ~ -lll------o--_lO- ---lil'---i"--w------__ M_Tl.....~!J o#~ o#~ -#~ ~,~ ~ .......IlE"-f>N oJo'.j1. ~-O--_~--M_____(sl__ -- ----(I,)---~-~c.I-----lII___w___ )'" J:, "1'"UI".!....'''.e'.'' II II ~ II 1111,llllUiUlIIWllliill! I 11" ~ Iii 'I I I i ! INlImIn..., gnKIlttg plan Agenda Item No. 16 Page 51 of 60 'II .. I> Z z IE ~ I> 'II 'II .. 1) I> :I :) z .!UlllU Imil ~,-nilll~.'11 IIlUl!lmm I nil H 'II ~m~ lili ~ II jh IHi !!,i~ii . !. II ~~ ! .j I , ;'K IV ~ n o III m r" ,r" :II m III = C :II ... Z of ~ ~ w eee . I ' I I I I I ! new fIoor,..n III I I I I ! ! ! ! I ! ! 'II ,g ~~ . '''II ~- II " EBz ~ "II ~ o .. I - .... 00 .# I ...... [ ...>Ift E:J J I-I [] I ,.. ." l D->W CUP- 2008-05.06 '0 . o ,- Agenda Item No. 16 Page 52 of 60 .ay ~. = ; .(') Ii 0 e II III --- r- r- :II I III I 1 -I III I- I = I I C I e I. I ~ I- e I I I Z I I e -t 1- ~ -, :l I I I r III I ~ 1 l!Jl ! I r I -,l Ie C:J - II II e , 6J e II II II Ie II C:J --~J II '" ~ I: I: iE :I ~ II ! :; ~ ~ .~ !!I!,!m,IUlli lIilll jll,llfliillll!lUlllli I I, ' Iii n~ Ii! 5 hi I! !rll.: !!I CUP. 2008.05-0& r \- I e I I 1 I I- I I ; rr =il ~ ~ :::.J E9z r ~ I I ~~ I I ~ ~ I e e ~ ~ L_ 'r ~ ! II gj I ,: I I I e e 0 e ~ re. r 'l1 1r=1l e ~:::.J l'o dJ L:::::!J .~ ,ow e @@eeeeeeeee e 'liiHnm i IHI ! '" i I I III C ;: a i " II> .m !~ '0 z .~ ~ .., new roof plan Agenda Item No. 16 Page 53 of 60 II """"ti"\JeJtltltltltltltititl jHHpi Iii tpB'! e IiIf II' !j , I II i i. i 'I' J" . oot I P'!' ~ P 'I! . ~q'i! III () 0 I ~ , P I 'III ! i Ii: III r- ~ I i :z r- ! t i ~ , :II , l , , III , III , i , ;: a ~ it M ~ 1: c @@@@@ @@@ @ @@@@@@@ ;1 'I 'i ~ ill ~ ~ , IlllllllllIlM1llill I F I !i 11111i~ '11;i I ii, II I II I I IS ~ ,d, ! I I ~ ~ ijil!ll~ I GI II) w 9 j ~I~I 'i , I ~ n I I iP~ I I P , n a ! ~ . I I ~ ~ 'II ~ i m .... a ~ 1 ~ ~ I ~ ~: I i ~ ~ I ;) 45 ~ Z I I ; J I ~ 1111 f ,: ': ~ ~~ ~ ~ ~ E , l'illflU nUll f,l!ill UI,I lfiilllUl,'i111 ~ n ! H 'II u~ 'ili ~ II' Il 11'li Ii' Iii !. II .... exterior elevaUons CUP. 2008..05..06 ... o c ~ Z m .. !l! ~~ 10 ~Z ;;f ~ Agenda Item No. 16 Page 54 of 60 .~ ..' -t . ~ ~ ~ D !I ~ ~ , , D , !I ,- . -t ~ I: '. II ~ II: -t ,. ~ II \) lot " E .....!l Ii" ... -I II I pHI Hi! Ii , , , , , I nil qll nil' 1111 II I I l"ll II "l I 1111 1111 i l II III' I I I Ill; I 'i 1!iql Hili i I ~ i II I , 0 i >> , a a j ~ ; i c ~ I . I ~ o i : . . ~ ~ III - I~I l III . ., :II < m :II ;! I: :II C m !l .. m ! m ~: .. '-I . ;= ~- I 0 ! z , ~:1 , . , j 0 ( , I Z I , ~ . . ~ ;;::: ;1 pi P: S' I ! i , , i , , , , ~ !I I ~ i1i !I II t I I I . !11l11~j' IUl'l I,f!ill W,;IIIIJ!j-UIlW1'jJ I ~ II ,I , 'I' ~i~ li"l! ~ III i~ IB',j f!'! ii i. I : ~~ -I I , :'1 ~ IW exterior eIeYMlotM cup. 2008-05-06 Agenda Item No. 16 Page 55 of 60 ill .-1 )li n o . III .. .. :II III III ;: c I -I :t = CoI 'II ~ .2 2 i D I> 'II 'II .. i'i ~ o 2 1'lllilBI lIli'II,-IU'11 mlllli~Ii!IU'IIIIP ~ II II. , 'II ii~ Iii! ~ II IIi I!',i I!' ii I !. I ~ .1 I - i'l CUP- 2008.05-06 ill iii .. o 2 ~ i !!I rn .. = :! o .2 , ~~ !II: 'II new exterior eIHatIan al nlmp , , , , , , , , , , , , , , , I , , , , , , I , , , , , , , , , , , , , , \: I , , " " II " " " " " --'-'- I II 1 I ~i ~ ~~ ,I ~ ~ ~ ~ ~I~ 1 ~~ '" Agenda Item No. 16 Page 56 of 60 ill .~ n o III m r- r- :II m en ~ c ~ z ... ~ ClI II) foI 'II j; z z Ii D l> 'II 'II .. ~ o z . !!m~~ti !IIIUi ll"l~S I =1 ~ III h, ill.~ uhtlng floor plan a CD ~ .. .0 ~o ... ~! II " EBz // .... .. ..,. /. /~/ ,,'j' ,'j" "j.... ....'j" /'j//-;./:~,./-;.//-;;/...j""/j"':j//j/;j"":j/>>'/""/'//.//////....//j/ ~j~j~j~j~j~j~j~j~j~j~j~j~j~j0j~~~~~~~~~~~~~~~0j j;jj:".,j;jj;-;.j;jj:jj;jj:jj;jj;jj:jj:j-;';~:(/;/;>:/;:/:':";";";";";"/;;-;'''.,;j .- ",./,,',.///,.',."//,.//....,./////////////,.///////...,,"/// .- 0j~j~j0j0j~-;.0j~j0j0j~j0j0j0~~~~~~~~~~~~~~0j0j0j ',.",.',.///,.///////,.",./////,."//",.///////'//////// 0j0j0j0j0j0j0j0j0j0j~j0j0~~~~~~~~~~~~~j0j0j0j0j j;jj:jj:~;~X:':jj;jj:j-;';jj:jj:jj:/:/:/:/:/:/:/:/:/;/:/:/:":~;jj;jj;jj;jj:j j0j0j0j0j0j0j0j0j0j0j0j~~jjjjjjjjjjj0j0j~j0j0j0 ,j0j0j0j~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~/ ~~~~~~~~~~~~~/~~~~~~~~~~///L~LL~~~~~~~~/~~~~// ~~~~~~~/~~~~~~~t/~~~~~~~~~~~~~~/i/~~~~~~~~~~~~~~ / / // // //// ////// /7Lrrrrrr,..,.,..,...,......~/ //// // // // // // ~:~~:~:~;:~~:~~:~~:~~:/:/>:/:/:/:/:/:/:/:/:/:/:'l:~~:~~:~:~~:;~: ~:~~:~~:// ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~;~~~~~;~~~~~;~~; / //~;~/~~~/~/~~~~~~~~~~~~~~~~;~~~;~;~~~;~~~;~~;~/ ~;~;~;~~~;~~~~~~~~~~~~~~~~~~;~;~~~;~~~~~;~~;~~~ ;~~~;~;~/~~~~~~~~~~~~~~~~;~;~~;~;~~0;~j~j~~;0;~j ~j~;~~~~~~~~~~~~~~~~~~~~;~;~;~;0;~~~;~;~~;~~~~~~ ~;0~~;0~~~~~~~~~~~~~;~~~;~;~~~;0~~~~;~~;/~/~/~/ /~;~~~~~~~~~~~~~~~~~~~~;~~~;~;~~~;~;~0~~/~~~~~~ ~/~;~~~~~~~~~~~~~~;~~~~~~~~~;~;0~~~~~;~~~;~;~;~~ ~~~~~~~~~~~~~~~~~;~;0;~~~~~;0;~~~~~0~0~~~~~0;~;~ ~0~~~~~~~~~~~~~~~;~;~;~;~;~~~;~;~0~~;~;~;0~~~~; ~/:/:/:~:~)):/:~>:/:/:/:'l:~~:~:;;:;;:;;:~:~:~:/:;~:~:;;:~;:~~:;;:;~:;~ ~~~~~~~~~~~~;~j~;~;~j~;~~~;0;~~~0;~;~~~;0;0;~;0~ ~ .....................; ~ ~ ~ , , ~, l...-........~...~...-.....................,L....."J~ /, /, /, /r<~....~....:..../-' -------' ,________________~ L______ --------------------------------- .-____I,- Ir----,....l : I . I _ __J ~ ! l__=->- L______________________________ _ I ri-'I' 'II II', l I I: ') :..-...._-_..1-'_....... : : r----------------------------l I I: fOOD PREP I II I I ~--~-----------:--:------::::-----:z; c_____ -n--;r-----' r-or 'i :r---1: : I L, : IL__-;..1J II : I / r--, I ./ J] r-' II II -- II1l I 11 II ----- .I~ ...._..1____.J I II iii r'rr-----r'"---u m]] n ~ I l!JI III I' 1111] : , , ,-ng_j , , L____J :=-:=-:=-:=-:=.:=-:;;o l:' !ir ;; , , , , " , , , , , '....__Jl ill,UII 11111 imiU!lll~11I1 Hi !I,' ! I II jU"1 !!' il -' I _iI, ," . cup. 2OO8.05.Q6 o /,////// /~/~ ~;'~;~ y ~', /, ~;/~;,~~,~ ;,;;,;;,;; ~;~;;;~;~; ';";"~'/ ;~;;~;;;~; ,/,/,'/ , , 1BJ , , , il S g Agenda Item No. 16 Page 57 of 60 -..:::-" II , II , I , , , .of , , > 1D " ~ ~ ~ ) II el ~ II ~ I , , I II I , I . I I D I I II , II ! II of > . . II > I: of ... 1 ~ 0 z c n 0 "'I ~ :II Z ~ "'I 1ft :II: .. 1ft 1ft : .. 1ft ~::1 .i:! '0 \::1 ~z '0 ~z D I I ~ ~i D I I I , I I ~ ~ t ~ p~ b~ e I !I I I :IE 1ft .. "'I 1ft .. !:! .!1 ~- '0 ~z ~ 1ft .. i ."'1 '0 ~z I U!'iln lUill 1,-1111111.11 U1i!,11I1I'11lli I 'I. n ! H 'II ~~~ 'i"li ~ II II! li',i !!' ii ,I! . ~~ _il , "I :IstIng oaterIor elevations cup- 2008-05.06 I I' . Agenda Item No. 16 Page 58 of 60 . t -L___t t --< :t> (") o CD C'l c- c- . t I w '111111 Ilillllllillll,I'illlllliilill,il!li,!!UIII,il ; -.,~;:imlj..IO$OB ~()LN. ~ s ~ "11" ' .! 1111' ! il ,sill i ,'I i'I'" ' ~ I ''I · 'V ~ I' ' ill!,I! III !11,lli ! 11!IIII'iil,III,lill'II;!jl,il ~ (, I t 1/l I II III I II I ,I "I~n" , "I I,ll" I. · · Iii i i I I I ! ,Ii! ill! III I! Ililllllllli,ll I I ~ ~ ! i i j i!~ I I I i Ii 11,lhlll,1I1111 I II _ . r . I i !I I i II I Iff ii' J .. q iii r lIi R n" I r I , ~ ~ ~i 2 o !!i! a2 IUI 5~ ~ ~~ ~ 0 ! I! ~~ U~II 516 ~~ ~ >~ 0 g~da Item No. 16 .. Page 59 of 60 W! m m !I. ~ ... ~ )Ii ~ n ~ 0 ro 5 II Z m ~ r" ~ r" !'l :II ~ c: ~ ~ " C ~ ~ ~ Z ~ -f ~ 'II: II) ~ W ~ ~m g.p! ~q i) j :s: ~ Jl ~ (Jj I/O o o ,.. o Jl DI ~ C ~ II ; ~d. 5'* I ~'=l ~ ' -1u- - I ~ ~ I '! M ! 1:1 !1 ....... I i I ,I I I i 1 I I, I' ,I; ~~ j ,I ; ~ ~; ~ '," ;j~ ,:~;! . ~'~~ "8 , i jllinl fi,11 ml~IIU,fl,!WI! i, " HI' ! II' II I~'.l .~,i II'" i ! ..j ~ ;I"....L~ a p 1\1 , iI . ~ n o ~ . It ~ w Agenda Item No. 16 Page 60 of 60 " 'j ~ () , c: ro " m . ~ i (\ ,! m . .ij :tI 0 ~z ~ en ~1Il ;, .. :~ ~.. "~~ ''13 ~ ~ ~ f~ ... , ~ z ? z~ ~ - ~ Z .- Qo ,1\ ~t,,=:~ ~ ;!!~o c_~~ ~ a~'\1f '. .. i'l 0(....- @ Z ~.' ! lJi!l~ii il!j!li . . I"" ~ ~ ,It ; I.. ,Is . ~ '"si ~ I: I ~!- ! i CITY OF .~ LAKE &LsiNORJ: ~ I ?ji!....l DREAM EXTREMEN REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: OCTOBER 28, 2008 SUBJECT: RESIDENTIAL DESIGN REVIEW NO. 2008-03, FOR "JASMINE" BY LENNAR HOMES IN ROSETTA HILLS, TRACT MAP NO. 31792 Discussion On October7, 2008, the Planning Commission unanimously recommended approval of Residential Design Review No. 2008-03, allowing for the construction of the "Jasmine" products on 65 residential lots in Rosetta Hills in Tract 31792 including a model complex. The project is located southeast of Highway 74, east of Interstate 15, and east of the intersection of Conard Avenue and Third Street, and known as Assessor's Parcel Nos. 347-330-019, -045, -046, -050 thru -053; 347-360-003, -004 and -005. The Commission heard testimony from David Giacci and Lolita Robinson, both residents of the existing Rosetta Hills community who spoke in favor of the proposal, indicating that the "Jasmine" product would be a good addition to their neighborhood. Another resident, Mykal AIi, requested the status of the Rosetta Canyon regional park, and Staff indicated that construction should begin within a few weeks. Staff also received five emaHs from residents of Rosetta Hills, all supporting the project. These emails have been attached to this Staff Report as "Correspondence." Planning Commissioners Mendoza, Flores and Zanelli thanked Lennar for meeting with the existing residents in the community, and indicated their support for the project. Commissioner O'Neal noted for the record Lennar's requirement that purchasers contribute to a charitable housing fund administered by Lennar. The Planning Commission Staff Report and draft Meeting Minutes are attached for reference. Agenda Item No. 17 Page 1 of 57 Residential Design Review No. 2008-03 October 28, 2008 Page 2 of 2 Recommendation The Planning Commission recommends that the City Council adopt Resolution No. 2008-_ approving Residential Design Review No. 2008-03 for the "Jasmine" products at Rosetta Hills in Tract 31792. Prepared By: Approved By: Carole K. Donahoe, AICP, Project Planne~ Robert A. Brady, City Managerf~ . Attachments: 1. Exhibit 'A' - Vicinity Map 2. Resolution No. 2008-_ approving Residential Design Review No. 2008-03 a. Conditions of Approval b. Exhibit 'B' - Plot Plan c. Exhibit 'C' - Phasing Plan d. Exhibit 'D' - Model Complex Site Plan e. Exhibit 'E' = Model Complex Conceptual Landscape Plan f. Exhibit 'F' - Floor Plans (3 pages) g. Exhibit 'G' - Street Scene h. Exhibit 'H' - Elevations (9 pages) i. Exhibit 'I' - Color & Material Board (Enclosure) j. Exhibit 'J' - Architectural Comparison Listing (2 pages) 3. Excerpt from Draft Planning Commission Minutes of October 7,2008 4. Staff Report to Planning Commission, October 7, 2008 5. Correspondence Agenda Item No. 17 Page 2 of 57 VICINITY MAP RESIDENTIAL DESIGN REVIEW 2008-03 APN PAGES 347-51,52,53,54, & 55 LJ I I I-I , ' I I / / / \ , ! i ,,/ '-j------~-- Z ...J >- en en en ~ ..-L-----, PROJECT SITE I ~<::> .-l.O~ v'?-~ o~ , CITY COUNCIL 10/28/2008 ~,\r. "t.~,""= 'A' J.'i', \1. .'\:: ,.,,:. '.. ,,;,, "ACi>,i,'; Ii r.",/"i t c W~ ~ =-_..,... , Agenda Item No, 17 Page 3 of 57 RESOLUTION NO. 2008-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW 2008-03 FOR THE "JASMINE" PRODUCT@ ROSETTA HILLS, TRACT 31792 WHEREAS, an application has been filed with the City of Lake Elsinorel by Lennar Homes (the "Developer") requesting approval of Residential Design Review No. 2008-03 (the "Design Review") for the product called "Jasmine" proposed for 65 lots in Tract Map No. 31792, known as "Rosetta Hills;" and WHEREAS, the project is located southeast of Highway 74, east of Interstate 15 and the intersection of Conard Avenue and Third Street, and known as residential lots on Assessor's Parcel Pages 347-51, -53, -54, and -55 (the "Site"); and WHEREAS, the Design Review includes design details for 65 lots including two models within a model home complex, on the Site; and WHEREAS, the Planning Commission of the City of Lake Elsinore has recommended to the City Council approval of Residential Design Review No. 2008-03; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code 99 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. 99 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162(a) states that 'When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or Agenda Item No. 17 Page 4 of 57 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative. declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative."; and WHEREAS, an Initial Study was prepared for Mitigated Negative Declaration No. 2004-06 (the "MND") and a Mitigation Monitoring Program adopted thereto, on September 28, 2004, for Tentative Tract Map No. 31792. The MND analyzed the subdivision and grading of property and the construction of 191 single-family residential lots, of which this Residential Design Review is a part. WHEREAS, public notice of the Design Review has been given, and the City Council has considered evidence presented by the Planning Commission, Community Development Department and other interested parties at a public meeting held with respect to this item on October 28, 2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed design for the 65 residential homes and model complex prior to making a decision and has found them acceptable. SECTION 2. The City Council finds and determines that in accordance with CEOA Guidelines Section 15162, the Design Review does not present a substantial change or new information that would require further CEOA analysis. The environmental impacts associated with development of the Design Review were contemplated by, fully analyzed in, and mitigated through the Mitigated Negative Agenda Item No. 17 Page 5 of 57 Declaration for Tentative Tract Map No. 31792. No new CEQA documentation is necessary for the Design Review. SECTION 3. That in accordance with Section 17.82 of the City of Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Residential Design Review No. 2008-03: 1. The project as conditioned will comply with the goals and objectives of the City of Lake Elsinore General Plan and the Zoning District in which the project is located. The General Plan designates the site for Low Medium Density Residential (6 dwelling units per acre) and the Design Review implements this density. The Zoning District on the site is R-1 Single Family Residential, and the Design Review complies with all development standards of this zone. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The Jasmine products have similar frontage widths to the Magnolia and Primrose products already constructed in Rosetta Hills. Therefore the spatial relationship of the structures is appropriate. The Jasmine products were designed to use the same colors and materials previously used on the Magnolia and Primrose products, and to match the Spanish, Craftsman and Country styles already built in the neighborhood. The project will provide wall and fence treatments previously approved for the tract, as well as landscaping as previously conceptually designed for the site. 3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the planning district in which the site is located. Conditions have been applied to this project that prescribe site design, setbacks, height, architectural design, exterior materials, colors, textures, landscaping, lighting, walls and fences, grading and phasing. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the City Council hereby approves Residential Design Review No. 2008-03. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. Agenda Item No. 17 Page 6 of 57 PASSED, APPROVED AND ADOPTED on this twenty-eighth day of October 2008. AYES: NOES: ABSTAIN: ABSENT: DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY Agenda Item No. 17 Page 7 of 57 STATEOF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 28th day of October 2008, and that the same was adopted by the following vote: AYES: V.' NOES: ABSENT: ABSTAIN: CAROL COWLEY INTERIM CITY CLERK Agenda Item No. 17 Page 8 of 57 CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO. 200S-03 LENNAR HOMES "JASMINE" @ ROSETTA HILLS IN TRACT MAP 31792 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 building permit issuance and may be revised.) 1. Approval Expiration. Design Review approval for Residential Project No. R 2008-30 will lapse and be void unless a building permit is issued within two (2) year of the Planning Commission approval date. The Director of Community Development may grant an extension of time for up to one (1) year prior to the expiration of the initial Design Review. An application for a time extension and required fee shall be submitted a minimum of one (1) month prior to the expiration date. 2. Indemnitv. The Applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto. 3. Notice FilinQ. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five business days from the approval of this. Design Review by the Planning Commission. A check in the amount of $64.00 payable to Riverside County has been received from the applicant for this purpose. 4. Revision to Plans. All site improvements shall be constructed as indicated on the approved plotting plan and building elevations or as specified by these Conditions of Approval. Any other revisions to the approved plotting plan or building elevations shall be subject to approval of the Community Development Director or designee. a. All lots shall meet the minimum setback requirements of the R1-Single Family Residential District. Where dimensions are missing on conceptual plans, it is assumed that Precise Grading Plans will comply with these setback requirements. b. Where lots exceed the rear yard setback requirement by more than 50 feet, houses shall be staggered to provide a varied streetscape. c. All garage doors shall include windows. 5. Use of Colors & Materials. Materials and colors depicted on the approved materials Page 1 of 14 Agenda Item No. 17 Page 9 of 57 CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO. 200S..()3 LENNAR HOMES "JASMINE" @ ROSETTA HILLS IN TRACT MAP 31792 boards shall be used unless modified by the applicant and approved by the Director of Community Development or designee. 6. SMe & Color Distribution. Applicant shall submit, for review and approval by the Director of Community Development or his designee, a detailed Plotting Plan prior to the issuance of building permits for each phase, which indicates the style and color scheme to be used on each lot. Styles shall be evenly distributed throughout the site. The identical product and/or color scheme shall not be constructed directly across or adjacent to one another. a. Lot 91 shall be changed to a Plan 2C to avoid duplicated elevations in this vicinity. 7. ADA Reauirements. Applicant shall meet all American with Disabilities Act requirements for access to the Model Home Complex. 8. Prior Aoorovals. Applicant shall comply with all requirements of the underlying Tract Map No. 31792, unless superceded by these conditions. a. Applicant shall comply with all relevant Mitigation Monitoring Program requirements as set forth in Mitigated Negative Declaration No. 2004-06, adopted for Tentative Tract Map No. 31792 and Zone Change No. 2004- 09. Applicant shall provide a Mitigation Monitoring Program Report on a quarterly basis during construction. b. Applicant shall comply with all adopted Mitigation Monitoring Program requirements that may apply to the site as a result of the proposed Mitigation Negative Declaration for the Remediation Plan that covers Lots 49 thru 68. Applicant shall provide a Mitigation Monitoring Program Report on a quarterly basis during construction. c. Construction on the property is subject to the terms and conditions of the Land Development Agreement executed by the City and Wasson Canyon Investments, L. P., and as amended. d. The applicant shall fund the implementation of the MMRP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, the documents submitted by the applicant, the permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. Page 2 of 14 Agenda Item No. 17 Page 10 of 57 CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO. 2008-03 LENNAR HOMES "JASMINE" @. ROSETTA HILLS IN TRACT MAP 31792 9. RDA: This project is not within a designated Redevelopment Agency Project Area. 10. Hours of Construction. The developer shall comply with Chapter 17.78, Noise Control, of the Lake Elsinore Municipal Code. In addition, construction shall be limited to the hours of 7 a.m. to 5 p.m., Monday through Friday. No construction activity shall be allowed on Saturdays, Sundays or legal holidays. It is the developer's responsibility to ensure that contractors and subcontractors at the project site comply on his behalf. 11. The applicant shall place a weatherproof 3' X 3'sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. The sign shall be placed on the property prior to the issuance of a grading permit or building permit. 12. Violations. Upon violation by the applicant of the City's Noise Ordinance or the Condition of Approval regarding hours of construction, the applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Conditions of Approval. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 13. Construction Trailers. A cash bond of $1,000.00 shall be required for any construction trailers used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. 14. Construction Phasina. The applicant shall comply with the Phasing Plan approved for this project which shows primary, secondary and construction access for each phase of the project. Any changes to the approved Phasing Plan shall be submitted for review and approval by the Director of Community Development or his designee, with concurrence by the Engineering, Planning, and Building Divisions, and the Fire Department. Construction phasing plans shall be implemented to avoid construction traffic from entering occupied neighborhoods within the tract. a. After occupancy of Magnolia Phase 1, construction vehicles shall use Third Street to access. the second phase. Page 3 of 14 Agenda Item No. 17 Page 11 of 57 CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO. 2008-03 LENNAR HOMES "JASMINE" (1il ROSETTA HILLS IN TRACT MAP 31792 b. Construction vehicles shall use Waterford Street to to its terminus with Whitehall Street to access the Jasmine phases at the southeast end of the community. c. Construction vehicles shall use Diana Lane and Bankhall Street to access the last three phases of Jasmine. 15. EVMWD. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards, including payment of applicable water and sewer connection fees. 16. Garaaes. Garages shall be constructed to provide a minimum of nine-feet-six- inches by nineteen-feet-six-inches (9'-6" x 19'-6") of interior clear space for two cars for a total interior clear space of nineteen-feet-six inches by nineteen-feet-six-inches (19'-6" X 19'-6"). 17. Walls & Fences. All theme walls are required to be coated with anti-graffiti paint. 18. Any retaining walls visible to the public shall match the interior masonry split face block walls in color and style. 19. Construction drawings previously approved for Rosetta Hills shall apply to all wall returns, walls fronting the street between residential units, and perimeter,walls. 20. Walls or fences located in any front yard shall not exceed thirty-six inches (36") in height with the exception that wrought-iron fences may be five feet (5') in height. Chain link fences shall be prohibited. 21. The Developer shall ensure the replacement of wood or block wall with tubular steel view fencing on all slopes. 22. Where residential lots have view fencing at the rear lot line and the depth of the rear yard is greater than 30 feet, the last ten feet of wood fencing shall be replaced with tubular steel view fencing. 23. The tubular steel view fence installed along public access community trails shall be of industrial-grade material for safety purposes. 24. Construction drawings for Interior Wood Fence shall comply with the City Standard Drawing Exhibit 'A.' Page 4 of 14 Agenda Item No. 17 Page 12 of 57 CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO. 2008-03 LENNAR HOMES "JASMINE" (Q>. ROSETTA HILLS IN TRACT MAP 31792 25. A six-foot (6') decorative block wall shall be required along all side and rear property lines of the subdivision in compliance with the standards in Zoning Code Section 17.14.130.0. The 'Wall and Fencing Plan" submitted and approved for the entire project shall apply. 26. FMZ. The applicant shall abide by the approved Fuel Modification Plan for Tract 31792, and all conditions of approval of said tract. a. Construction shall be restricted until adjacent subdivisions have developed or the applicant obtains arrangements with adjacent property owners to provide fuel modification zones for this project. 27. Four-sided Articulation. Full architectural treatments as depicted on exhibits or conditioned by these conditions of approval, shall be required for both the first and second story elevations. 28. Fire Department Primarv & Secondarv Access. The applicant shall consult with the Building and Safety Manager and Riverside County Fire Department in order to meet primary and secondary access requirements of that agency during all phases of construction once combustibles are brought to the site. The applicant shall meet all applicable County Fire Department requirements for fire protection of the project site. 29. Sianaae. All signage shall be reviewed and approved by the Director of Community Development or his designee, and shall require the issuance of a Sign Permit as appropriate. 30. CC&Rs. The applicant shall include this project's property owners into the existing homeowners' association (HOA), and subject to the approved Covenants, Conditions and Restrictions (CC&Rs) for said HOA, prior to release of building permits. a. All open space areas, picnic areas, tot lot, walking trails, maintenance easements, detention basins and drainage facilities shall be maintained by the HOA excepting underground storm drain pipes. b. All HOA documents shall be approved by the City and recorded, such as the Articles of Incorporation and CC&Rs. c. CC&Rs shall prohibit on-street storage of boats, motor homes, trailers and Page 5 of 14 Agenda Item No. 17 Page 13 of 57 CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO. 200S-03 LENNAR HOMES "JASMINE" (iil ROSETTA HILLS IN TRACT MAP 31792 trucks over one-ton capacity. d. CC&Rs shall prohibit roof-mounted or front-yard microwave satellite antennas. e. All lettered lots shall be owned and maintained by the HOA and so noted on the Final Map. f. In the event that the Homeowners' Association fails to meet its responsibilities with regards to the maintenance of open space areas, the City's Lighting, Landscaping and Maintenance District shall automatically provide such maintenance and assess the HOA for this service. g. The CC&Rs shall expressly designate the City of Lake Elsinore as a Third party beneficiary to the CC&Rs such that the City has the right, but not the obligation, to enforce the provisions of the CC&Rs. h. The CC&Rs shall designate the homeowners' association as te entity responsible for maintenance, repair, irrigation, and stability of all slopes and landscaping within the common area as such term is defined in the CC&Rs. i. All lettered lots shall be owned and maintained by the HOA or other entity approved by the Director of Community Development and so noted on the Final Map. Prior to Issuance of Building/Grading Permits 31.Acknowledament of Conditions. Within 30 days of project approval by the City Council, and prior to issuance of any precise grading permits or building permits for this project, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 32.The applicant shall provide to the Director of Community Development within 30 days of approval, a final approved version of the project in digitized format. 33. Gradina Ordinance Comoliance. Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be Page 6 of 14 Agenda Item No. 17 Page 140f 57 CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO. 2008-03 LENNAR HOMES "JASMINE" ((i! ROSETTA HILLS IN TRACT MAP 31792 provided thirty (30) days after the site's rough grading, as approved by the City Engineer. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. 34. Plancheck Submittal. These Conditions of Approval shall be reproduced upon Page One of the Building Plans prior to their acceptance by the Building and Safety Division. 35. UBC. The applicant shall submit for review and approval by the Building Division building plans that are designed to current UBC and adopted codes, and meet all applicable Building and Safety Division requirements. Building plans shall indicate compliance with applicable fire hazard zone requirements. 36. Building construction that meets fire hazard zone standards shall use construction concepts as proposed by Mark Gross & Associates, Inc. and submitted to the City for the Magnolia products. 37. Trash Concrete Pads. Applicant shall provide a flat concrete pad or area a minimum of 3'- A" by 7'- 0" adjacent to each dwelling. The storage pad or area shall conceal the trash barrels from public view, subject to the approval of the Community Development Director or his designee. 38. Drivewavs. Driveways shall be constructed of concrete per Building and Safety Division standards. 39. Buildina Addresses. The building addresses shall be a minimum of four inches (4") high and shall be easily visible from the public right-of-way. Developer shall obtain street addresses for all project lots prior to issuance of building permits. The addresses (in numerals at least four inches (4" high) shall be displayed near the entrance and be visible from the front of the unit. Care should be taken to select colors and materials that contract with building walls or trim. 40. Meetina with Contractor. Prior to Building Permits the Construction Supervisor shall meet with the Planning Division to review the Conditions of Approval. 41. Landscaoe & Irriaation Plans. Landscaping Plans and Irrigation Details for each plan shall be required, Typical Front Yard Plans and a Cost Estimate shall be submitted for review and approval by the City's Landscape Architect Consultant and the Director of Community Development or Designee prior to issuance of building permits. A Landscape Plan Check Fee and Inspection Fee shall be paid for the entire project at the time of submittal. Page 7 of 14 Agenda Item No. 17 Page 15 of 57 CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO. 2008-03 LENNAR HOMES "JASMINE" em ROSETTA HILLS IN TRACT MAP 31792 a. Street Trees. The applicant shall install street trees to match existing street trees a maximum of thirty feet (30') apart, and at least twenty-four inch (24") box in size. The applicant shall plant street trees selected from the City's Street Tree List. b. Siaht Visibilitv. Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six-inches (36"). c. Water Conservation. 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. d. Easements. Landscaping shall be shown on both sides of any drainage easements not within a residential lot. e. Drainaae facilities. Particular attention shall be given to the screening of drainage facilities from public view or adjacent residences. f. Downslopes. Down slopes adjacent to streets shall be planted and irrigated by the developer and maintained by the HOA. 42.Xeriscape Demonstration. One of the proposed lots of the Model Home Complex shall be Xeriscaped and signage provided that identifies Xeriscape landscaping. 43. LEUSD. Under the provisions of SB 50, the applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building permits. The applicant shall provide evidence that all required school fees have been paid. 44. Park Fees. Prior to issuance of building permits, the applicant shall pay park-in-Iieu fees in effect at the time of building permit issuance. In accordance with the Conditions of Approval for Tract 31792, the applicant may contribute an equal amount to the construction of Rosetta Canyon Park. 45. MSHCP Fees. Prior to the issuance of a building permit, the applicant shall pay the City's Multi-Species Habitat Conservation Plan Local Development Mitigation Fee in effect at that time. 46. Ground Mounted Eauipment. All mechanical and electrical equipment on the Page 8 of 14 Agenda Item No. 17 Page 16 of 57 CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO. 2008-03 LENNAR HOMES "JASMINE" @ ROSETTA HILLS IN TRACT MAP 31792 building shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director, prior to issuance of building permits. If the equipment is placed behind the fencing, landscaping will not be required. Air conditioning and related equipment located in side yards shall maintain a minimum of 3 feet of unobstructed, leveled clearance between the equipment and the adjacent property line. a. All floor plans shall relocate air conditioning units to the side yards where a seven or more foot side yard setback is available. Prior to Final Approval 47. Issuance of Occuoancv. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 48. Painted Fencina. Prior to final approval, all wood fencing shall be painted or treated with a high-grade, solid body, penetrating stain approved by the Director of Community Development or his designee. 49. Landscaoina & Irriaation Installed. All front yards and the side yards on.comer lots shall be properly landscaped and irrigated with an automatic underground irrigation system to provide 100% plant and grass coverage using a combination of drip and conventional irrigation methods. a. Bond for Model Comolex. Prior to the release of a certificate of occupancy, all landscape improvements for the Model Home Complex shall be bonded for 10% of the Approved Cost Estimate for labor, equipment and materials for one year. A bond covering 120% of the Approved Cost Estimate shall also cover the conversion of the model complex until it has been completely converted to single family uses including parking area. Bonds shall be limited in form to sureties provided by insurance companies, or to certificates of deposit that are in the name of the City of Lake Elsinore. b. Phasina. All landscaping and irrigation shall be installed within an affected portion of any phase at the time a Certificate of Occupancy is requested for any building. c. Consistencv with Aooroved Plans. Final landscape plan must be consistent with the approved site plan. Page 9 of 14 Agenda Item No. 17 Page 17 of 57 CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO. 200S-03 LENNAR HOMES "JASMINE" @ ROSETTA HILLS IN TRACT MAP 31792 d. Slooe Landscaoina. All exposed slopes in excess of three feet in height within the subject tract and within private lots shall have permanent irrigation systems and erosion control vegetation installed, as approved by the Landscape Architect and Planning Division, prior to issuance of certificate of occupancy. e. Ooen Soace. All adjacent Open Space areas shall be completely landscaped and restored if graded, prior to issuance of a Certificate of Occupancy for the adjacent phase. f. Landscaoe Bond. All landscape improvements shall be bonded with a 10 percent Faithful Performance Bond for labor and materials for one year from Certificate of Occupancy. . ENGINEERING DIVISION General Requirements: 50. Conditions of Approval of Tract 31792 are in effect for this project. 51.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 pattem is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattem inspection can be conducted before grading begins. 52. The applicant shall submit for review and approval a corrected Precise Grading Plan to reflect the new amended lots. 53. 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. 54.AII 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. 55.An Encroachment Permit shall be obtained prior to any work on City righto{)f-way. 56. Street improvements including street lighting, traffic signal, traffic signing and striping Page 10 of 14 Agenda Item No. 17 Page 18 of 57 CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO. 2008-03 LENNAR HOMES "JASMINE" @ ROSETTA HILLS IN TRACT MAP 31792 are 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. 57. 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. 58. 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. 59. Applicant shall pay all development impact/mitigation fees, including but not all inclusive: TUMF, MSHCP,TIF and Area Drainage Fees. 60.Grading that affects ''waters of the United States., wetlands or jurisdictional streambeds, shall require approval and necessary permits from respective Federal and/or State agencies. 61. Ten-year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities shall be provided. 62.AII compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Yo" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 63.AII waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR&R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 64.ln 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. Page 11 of14 Agenda Item No. 17 Page 19 of 57 CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO. 2008-03 LENNAR HOMES "JASMINE" @ ROSETTA HILLS IN TRACT MAP 31792 65. On-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 66.AIl 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. 67. Roof drains shall not be allowed to outlet directly through coring in the street curb. 68. Roofs should drain to a landscaped area. 69. 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. 70. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways -without Regional Water Quality Control Board permit or waver - is strictly prohibited by local ordinances and state and federal law. . Prior to Issuance of a Grading Permit 71. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 72. Provide soils, geology and seismic report. Provide final soils report showing compliance with recommendations. 73. The applicant shall obtain all necessary off-site easements for off-site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. Page 12 of 14 Agenda Item No. 17 Page 20 of 57 CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO. 2008-03 LENNAR HOMES "JASMINE" @ ROSETTA HILLS IN TRACT MAP 31792 74. The applicant shall provide a copy of appropriate correspondence or necessary permits from Federal and/or State regulatory agencies prior to grading that affects wetlands or "waters of the United States." 75.Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 76.Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. 77.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development and including maintenance responsibilities. Prior to Issuance of Building Permit 78. Unless other timing is indicated, all Public Works requirements shall be complied with as a Condition of development for Tract 31792 and as specified in the Lake Elsinore MunicipClI Code (LEMC) prior to building permit. 79.Submita 'Will Serve" letter to the City Engineering Division from the applicable water agenc:y stating that watElr and sewer arrangements have been made for this project and soecifv the technical data for the wClter service at the location. such as wClter oressure and volume etc. Submit this letter prior to applying for a building permit. .. . 80.A Traffic Signal has been constructed at the intersection of Central Avenue and Conard Street, consistent with the trClffic impact analysis recommendations or the Conditions of Approval for Tract 31792. 81 . Street improvements shall be constructed on Conard Street, from 3rd Street to Central Avenue. The improvements shall include ac pavement, curb/gutter, sidewCllk, signing and striping,C1nd street lighting. .. 82.0ffsite street improvements on Street Aand3rd Street shall be constructed per Page 13 of14 AgendClltem No. 17 Page 21 of 57 CONDITIONS OF APPROVAL FOR RESIDENTIAL PROJECT NO. 2008-03 LENNAR HOMES "JASMINE"@. ROSETTA HILLS IN TRACT MAP 31792 recommendations of Tract 31792 Traffic Study. 83. Pay all Capital Improvement Impact/Mitigation Fees and Plan Check fees (LEMC 16.34). . 84. When the model complex parking lot is removed, the A.C. pavement shall be taken to a recycling center, not a landfill. Prior to Occupancy 85.AII compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division. 86.AII street improvements (onsite andoffsite) including signing and striping, and street lighting and drainage improvements shall be completed in accordance with the approved plans or as condition of development for Tract 31792 to the satisfaction of the City Engineer. 87. FEMA elevation certificates shall be provided for structures within the floodplain. 88.A Traffic Signal has been constructed and operational at the intersection of Central Avenue and Conard Street. . . . 89. Water and sewer improvements shall be completed in accordance with Water District requirements. 90. The developer shall provide documentation regarding maintenance responsibility of offsite and onsite detention basins related to this project. The City shall not be responsible for maintaining the detention basins. DEPARTMENT OF ADMINISTRATIVE SERVICES -,- None. (End of Conditions) Page 14 of 14 Agenda Item No. 17 Page 22 of 57 <::> " ~ " 0 . . . -' 01 '" ~ ~ , ... , I ~i -- , e; l:l ~ mi i! ~ l:l '" "' '" ~ ~ " "'iQ ~ '" ~ '" ml e; " @ ~~ :t ~ ~ lo.:i ~ ~ f;l \1" \1 i! i! i! " ~ ~ i;j Ii: ", " ~ '> '> '- " ~ ~~ !<1 Vj Vj --.J " ~ .,~ I;j '" '" '" ~ 00 = = N - I I- U <=> 17 57 w O::z 00 z_ -U'l U'l_ -1-. W;::.. wO ~l:) :s~ u.,~ 0::5 ~O- u '" ~ ~ '- ~ EXHH3rf \ 8' .JMIl Agenda Item N Page 23 , .1 ~ i I Ii! , R ... ": ~ t ~ w l! 0:::2 00 l!illI 2..... -U) ~ co ~s: = = W..... = '" WCl l!illI - J ::':::(,!l g I- :5~ u U.2 l!illI <:::) 02 ~~ ~ U en -I -I I <( <0 I- 9 I- J.C) w d: en o 0::: I- <( W Z ~ en <( ...., c:i en > a:: I a.. <( ::2: C) z en <( J: a.. EXHH3iT , I fR/IIl 1..: C .. ~ ~ ~ U)co __ 0 oJ c: ::;: " ~ ro Us ~ >::;: " c: Ot) (ij 0 0::" C/) () 8:2' ll.. ll.. Agenda rfe'm ~.1:lf Page 24 of 57 \e' ~ 2 I ~~I 'illl ~ '11 ~ ~ ~ , ! I !! i , t I . I ~j'lld~ iB~11 I~plqnl ;!n!i \ ~ii~qql PH~~liHdl I; . !!Hdi.!I!I/I!!!hillllll!! ~ lllll J I J ~ III . ...,., H . R . ~ " .: .., r , .. ". _ _ . a III ill II i I. H ! '~II!1 \!, II . ii!ll,:,ldlll'! !l~"~~ ~'!' e!1 . a: '111"1111' I 0 II 1!IIMi!I!.11il!.\ z 11-lillll"!I'l!l" il' I !III'Ui!\!lllll!l Iii llllilld"jljlll'I!I.i!111 '1111 !Il' Il~I" l i II lilllill!IMllld .15 I lillJ} :jl! I ?-' l,ll , nnUII !~!I. ~, lilli, g g _1111 \. n i1JI ~ 'Il II l!:':' ~!lll 1 (,j ~!il! II Ie ~ llllil ~Ii II ~ ~n ~ . of. i . . . . . . ij . .. UJ ~z 00 ~Vi ~> UJ..... UJ el, ::.0:: (!)' ~~ Z LL. _. oe;.. 4: t: a:. I.) Iii ~~ Ii- ,~! lsj R I 'l ~ IIi U~I L1:RiLS C/) W :E Ii .c ~ 0 ~J: I . ~...J .W ~C 0(1)< -10 5 :E -I uf .., - ",'" :I: a: win W 0 ~ boil Zj:: <C 2!: OjgSl - rn :I:1n< 00::::: ..J zu ~ W w ~ ~f C/) (1) !:i! z zO <C 0 < Z;;~ J a: .J 1..g~n a Item No_ 17 age 25 of 57 'I!I t" !!Ii lUil i!l!! !i ! I ,I I I'llil' II i llli II Ill! Ii ! ! ! :. l ; I~ !.~ li I li~ in IT l!! 'I' ~I 1..0 Id~1 -~' q~~ l" I . t . i ~I i !~ I ;~, Ui~ N m1 , ~ ! I ~, _N ~~ ~.. ~ "')\'0': I i ('" i)"'U"~ '" .""Io'.....n ' b:;-i . 5"t'~ij _ ~ ! i t i U ! fi~ l il ,-3 um !~ih ~t.I!21 r!il~ U!iififiilHi HjifUHiHU I .. I 1 11 b ! i hI ! I ,J:1~ . t f" ~~l '" ;! 11~ it {t~ i ii1 i~~i b tit ~ 11tWlif~itt~itil Hhdn~ifimm i - : i Ii! h I iiiit - i l t !! ~~ 1 ! ~ !t!il I "~l' l ii~.i ~,.tj,II} !h; ~ rj!j.U!;r!~t eih r .]~;~!U tl ff!hi~ jiiJllilfUHIUt! . .li"RIi~Ii~~~tll.~~t~ ~ . ! t'.tiri't'lI'i rci",!:L=ti~:! a:z 00 z_ oo Vi Vl g irl~ ;:: wO I ~~ >- :5~ w u..Z o oz j;~ u ~.~~;~t~~~ll.~~t~~, EXH~BiT \ E' --v ~ ~,l. ~,I! 'J.~I' ~ II 0 I . ~ o II . ~~ z z ~ 0.. W 0- ,II{( o (JJ Q Z :5 ..~ -< % .... .::i!i :s ~ 0- (/) ..J W Q O~< ~,..;:Jo g nt:E~ lilC; .... ; O::E 'Ii! Z'I( ilo!i!g! - !:.~ J:t;~ ~'W.w "'z Agenili~t~ .. ~l ~ ~ ~ ~l il ~ I .1'. UJ ~ cr::z 00 l!J]J] z...... ......If) co ~> ~ = = UJ_ ..... = .... UJ l!J]J] ~ .....- '-0:: I fl. .. ::5 "I I! <<dl l- t..) u.. 0 l!J]J] 0 II ~ ~ ll! II u il ______uu_u__u__-, , , , , , , ~ 1I I [8J , , , , , L____ E)"H ~ """ ""'" . ,"H;ja ~ , P.1' . ~, "'~ 0' ~s ~l t !i !l '" ,> it - Ii . '" 0... .1 S ~~ H "'~ ". M ~~ Ii :a ;:~;! f",.. e c""::'~h -< ::i}lj ~ ~~i!! e 'H u ~.": . -D....'111 ~ Ciot J t....... I~ .~ ~J 11 :.: - I' ,I II " a r/1 ~ : ~ ~~ Z~~ $ I-( af M " ~ ~~.~ ~ r/1 r-< iil Po. ~r-<~ ~~...l : r/1 o ~ Z:il:;l o~ III"'~ . A~~ a em No. 17 27 of 57 ~ ~i ~~ , , , , , , ! I II ~:::::::::::::: ~! I~ ~ (Q) Z 0 llJ1!) --' U"l h. 00 ..... ~ = > = ..... c-,.o 0 = ..... [1J1!l I 19 Z 0 >- ..... U Z C) z M!dl ::s (Qb a.. il t ~ rl I I I I I i I ~ E' ~j/"' ! IT' P"'; c"""'" , F ., I =0 "b-' ,', ,'"" if, ,... '\.ij UH;.)U g __ - ~, ,,~ g' ~5 ~l "I~ n .i.ii ~u ER I III II. II ~ .., ~;. ". Ii:~ ~l ~ if :i Ir o '. e ;!,:", !r ~ ~~ H o iSS III 0_'" t :Em,: ~ -,,-.,l. co.!:!.. =~]Ii ... .' "ill o ~~ .~ e -jut] U "il! .(""11'6 . .a"~I'1 ...J 1;: I g I'::' *,; "> ! . " ~l ii, :.: - 1 " II " it r/J. ~ : ~ ~'"' Z:r:~ ~ '"' e ~ ~<.~ ~ r/J. r-- iil ~ <r--~ i-'l~...l : r/J. o ~ ~ ~~- z~~ .. zoo ~~ o~ A~: p m No. 17 e 28 of 57 ~ R ~ , tf;d) z 0 lb!!:!J Vi ~" ~ = - = > = '" 5 = - i;l; = lb!!:!J I t!) g ....... z - <..J Z lb!!:!J 0 z ~ :5 il! II (ill; 0- ~l ~l o ! 0 i~ CJ ~l !i~ E. XH'!."""'." .._",u . 1~" iI '~UH ~ \ F3', "-"I [ i I~ I_JL __m_m .... r I l ~. .., "'~ Q' :::Pt ::i ~ it :j .. . 0- (,).. ,I ..s ~~ u "'- "t (,) (s2 III .B .... t :E ii~:! ~ -"~1I ci..fU ::~~Ii ~ ~~=fI o ~~~ii cJ toil; . :I;;',' ~ t! .~ !'I ." I' -S' 0; ,-. ll) ~if I, ~ - , ,I II " it r/J ..l : ..l ~""" z~6 ~ H e~ : ~<.~ 3 r/J~iil p. <~~ ,..,~...:i : r/J o ~ ~. ~~ ~l::. ~i ~ ~ ~ ~~- z~~ .. zoo ~~ 00 At8~~ . "'CPa m No. 17 29 of 57 H 'j " g:.. H - ~~ H ~ <ii II' ,,- , .":. "il:! .c: 1:... ~'i ~ o"::'1!i, < =:j'j ~ i~lH o ;;.11 u nil; 'l'~"" ....J : I .s ; it ii ~l jI ~- (I ,I II " iI w [Q) C:::z r/J 00 [lJ!J] z...... ..l ......lJ'l ~ .., lJ'l...... : ..l = -l> = w...... u:i.... ...... wCl z = < 11M ..... :. Z~d I ~(,!) ~ ::s~ I;: g I- ;:i I-l e w u..Z u ~<r:.~ C> i> 11M Oz !;~ :i r/lr-<1i1 @; N <r:r-<~ " u N z :s ....u:i...l ~ : r/J 0 ~ EXHiBiT '6' x ~ ~ ~ ;.: ~ N " ~ z < -' ~ ~ -l" z~~ . zoo -" o. w", . .W: Agenda Item No. 17 Page 30 of 57 rJ1 tQ) ..l I!J!J] : ..l ~ :I: ~H ~ ~ rJ'l c::> - z~j N '" ~ = .... ..J ..J ::. I!J1JI i= '" '" ::. ~ 1 "- ~ ::! ~ 0 rJ'l H e ~ < 0 ~ ~ ~ :: ~ >- "-' u ~<.~ '" " .... ~ U '" ..J ::. ~ ill i2 0 j;; < I=' < @ ~f3 8 fil 0 > ~ '" '" I!J!J] '" >- ","- '" 0 ~ ,,-u u !:! '0 rJ1~iil u < :5 ",,,, '" " ill 0 8;:1 ~ '" z "- >> > .... 0 '" @'f: 0 0 u 01=' 0 ~ '" ~ "'''' 0 <~~ u 8 ~ 8;:1 8 ...I 0'" tl - ;0 '" ",,,, '" ,. ~~ ~ < fJi::i i2 ~ I-,Ul...1 ...I 0 ~ u: ~ ~ ....l 0 '" '" : rJ1 "" ,. 0 9 ~ ~ ~ ;:: ;:: <( <( iii iii ... '" ... '" '" Q '" ;;; Q ;;; .... ;I: t;:: <:> '" 02 .... ~ ~ . ~ < , 8 ;0 Z-t~ N. - Zom '" ~N ~ ...I Oa '" U:Ww W...~ ' HI' "- u 0~..J EXH~nH 80;:1 '" I=' A . - I em No. 17 ""u,,- \ ~O ~~ffi ,.zo e31of57 000 e;~~ ..Ju,", qiZ ~ u", "'> >", I='~ ;:1:;! 8~ ~~ :f..o-SL z o ;:: <( iii ... '" '" <( ::l ~ :, " :, " g ;!'" H -:e:8 it ",- 'f y 6.~ H :E l'i~:! -~..l e o..~1I <( =~3Ji ~ ~~iH 2 ~~~i! t: ....(. U ......a,. . ;.1111 ~ t!.! C .... II .~ ~j ii ~ - (, ,I H ,: it -> ~ w:t ~~ "'. ~o 1Ii: VI ~~ g gj 00 a M u8 " ~~ 0 tl j: ~ I ~ i=~ <" >" ",- ...,~ "'. ...~ ~9 .<:11 "- eo ~ i= ~ '" ~ ::l 1<> i! i, h g !.. H - ~~ !I u <52 III Cl) .... t - .~51 :E:U'!;i e d'::~h <( ::~jli ~ ~"'=H 2 .~... k:: _I.I! u.iifiJ; . ''''',1 ...:I '!,; .~ .5 t I! ~ ~l iI, ~. I ,I II " II rJ} ..l i . ..l . ~I-\ ::;; Z~~ " :ri ~ w ~ w ~ e w ... I: ::;; Gi ~::;; < ~ ~~.~ > " Ii: :t w 00: 0 ~ " ~ :z'" u ::;; u w ~ rJ} r- iil w::;; " ~ > '0 w< Ii; 0 N ->0 0 N ~r-~ .... tl ~~ i= ~ ~ ....~...:i ....l rJ} '" : 0 ~ (Q) I1JJ1] 00 ~ = = '" = .... < I!:!U1 [j I ~ < (Q) I- .. 0 '--' 8 C> [illJ] " lQb E.)'" ';'7''''' 'I ' ~ ,. ." " ~ \a~'n . D~ \H~' gj .. u 80~ ,,0.. 00", ~ ~ ~ '" '" Q 1ii l;: '" ..., ~ '" ~ Uw ~= u'" ..... <8 ~" Ct cL 0 o Z.~ Z~.,; ~N o~ W...~ A D2 . I em No. 17 32 of 57 ~ il ..l . ",'" ~::! ....0 ;)U 80 ~~ =F"o-SZ: " !" '" '" !!!o >;:e: ~~ ili as Wcr.t ~ u::E ~~ 0 ~(!5 U,..l u. ooti. ZI o ~ > '" ..J '" '" < ~ 9 it :j - I. c.i ~i s::;!'" _r - 5~ !l '0 iSS 'II II,) _'" f :E 'IS'~;! E d~~if <r: ::.f~li ~ .'!...ifl o J~t.. e .'ju'l U i~if; . ';;;0':',1 ....:! '0: . " I:: ji 't d ii, ~ - I " I: " if Z o i=.. <" >~ "," ..J~ "" !Z: ~~ u. 9 rtJ ..1 (QJ ~I . ..1 l!:!!:!l ~>-; co ! ZO::~ ~ = 0 )1 = z ~)1 .. "" 9 ::l .... ~ e = .... ~ '" ~- )1 l!:!!:!l < .. ffi ffi~ < ~ ~<q I [; < 8 > i;l ..l >'" 8 ~ " '" o ill < " g I- ~ '" U g ~ ~ rtJ ~ iii <..J '" ~ ffi"' 0 ~ Cl 0 ti: ~ " ~~ 0 l!:!!:!l 0 ~ " 0 ~ 0 <:t:~~ 0 w "')1 ~ u ~ > <w U ::1 )1 .. ou ~ [Qb w ~ jl I-) ~...l u : rtJ Q.., 0 ~ ~ ~ ~ '" ~ ..J '" '" ~ '" '" Vi ~ I;: '" 02 ..J i'> EoI EXH is! fE~ffi ili~~ " w ill 0 ",z ....- ZO "'00 )1.. tJ:\ '" .... '" " U'" Z..l 0_ u.... ....~ :\8 ~" ~ ( ~~- Z;t,~ . ZO~ ~N o~ ~;L tern No. 17 e 33 of 57 I I J (Q) lli!JJ ~ = r!J1!] (Q) [!J!JI [Qb 00 <=> <=> <-.J ..... I >- W o EXHiBi " '" >" 0- o~ u" u<.. 0", -..I Vl;: ...... ~ >8 -" 0", <..9~ z~ _ 0 zu z'" ~~ o...:i1 ~ " g > '" ~ ~ ~ ;: j u ~ ~ :rl " o u " Ci ,,~ ~~ o;:i tlo ~~ < u ~ :: o 8 " , tI~' ~ '" ~ u OA~ g~~ iiii'~ ~ ~ z o 1=" -<~ :>~ "'- ....~ "'~ ~s ..:!l. ... :0: ~ ... i:i >i! o~ ~" "'< cae C3~ ~ ;: ~ 8 " ~ ~ " ~ ~ :: o 0 ~ 8 '" " ..I Ii: o " ~ z o 1= -< ~ .... '" '" '" en t '" .... :c '" '" ..I ii:~~ :i1::!;: ~u~ ""'0 000 .Ju" 'F"O-,9Z", '" >>; gS tl,,_ i=Ci~ ~~~ " 8 " i'm ~u 8;:i ".. 0'" ",,,, iii~ >; S " < 8 fZ u " j:: ~ ~ 0 8 ~ ~ "",,,, ~>~ 0;:0 O;:iu tl8~ ~"'O ~o~ ill 1;~ 0... tl~ ~e ~ ~ iil ~ :0: i! I, - I. 0,. H ..s 03 iI &:, '( u ~~ 'I' U ... f - !~,. .- "'o~' ..d ;~:i e ";..I!II <( =.!]Ij ~ >i~~I'H ~ -- " _tu,' "Q-' . ubi.; . J""I' ....J ;; J .5 -; ii t ~l' iI, ~ - , ,I II " il r/J ,.l : ,.l ffi ~,.; ~ Z~~ tI) ~ e ~ ~~.~ ~ r/Jb~ '" b U ~ ~~j i : r/J o ~ ~ 1= -< ~ '" '" en E- x '" '" :0: ~ c( !l Z.~ Zg.,; ., roM O~ W'~ A =1=,,0-,9(:: tIl :E '" 8 ~ ~~ ~!~~~ ~tIl SltIlof2 Ii ~ ~ ;:: -< > '" ...l '" ~ ~ 10 if :i Ii o J' =;!'" !I -l!l:lll ",- "( g ~~ II! -' . .- .'''1-' -5 !;~U .., o..~tl <t ::~iJi ..!ad ~".fI o J:'t:~. e :i ..., u1;~U; ..i i~ii! J::: "'.. II .~ ~~ ji ~ - " ,I II .' it (/) ~ ~ ~ I-< fll"" ~ :> ~ Z::C~ '" .... 0 IlJ!JI ~ l!! lQ :> u "" !f z "' < ~ 00 @ ffi ~ ~ @ ~ ~ ~<q = > " ~ = ~ "' ffi '" ~ '" 00 g ~ (/) f-- Ul = "' ~ 00 ..,. MJ1 .... ... 0 ..,. ~ !:! ~ N ~f--~ I ~ '" N I- 00 j L) ....fll..l IlJ!JI c::> "" : (/) m: 0 ~ ~ ~ ~ ~ ~ ...l '" '" '" '" Q Q c;; c;; I;: !i: 5 " 10 oa 10 EXHisr H-' \ .0 '" '" tl~ffi i;;~~ '" "' E;~ 0'" u.... u:> ~C!i OO~ ~ CI: 8 ' ZVN Z~cn ~N On A IU:~ I em No. 17 e 35 of 57 ::i " 'I ~ " '" I, ;>:>: I. iil 0- :>: ~ 8~ " g :'" H :>: u:>: I- - ~~ !I < < ":>: o 6* I~ "'< "'0 ... I 15.. .to 1"I'! ;>" ..c !~H "", ~ ci..~11 g~ ::~IJi @"O ... '"ill "tl 8 .L, .'inlt ~~j: U i!iH ,,~ . j" " ~ ~.,; h C .. II ~ 'S: s' 'j u...if I. ~ - 1 0 > ,I j::" "' I: <- oJ " >" ~ it ::J~ ~ "'~ U y .... y r/1 ~ !l ~ ..:l ~ ~.... '" z~6 (Q) I-< :>: ~~ :>: ~ ~ ., ~ ~ e I!J1!I ~ ;;:; ~ ~ :;!I- 15 0 ~ :>: () ~~.~ ~ 00 0 ;;; " < = ~~ u ;> .. ~ @ i2 ~ = .. ~ .... :s ~!3 '" " ~ " r/1 1-< Ul = '" "'.. " ..u iq '" .... ~ ;>' ~ '" 8;2 ;> - I!1lJl ;::~ :>: .. 0 ~ I ;2'" G: ".. :>: 8 ~1-<~ 0 '" < tl 8~ .... " OJ:! i2 '" g I- .. 15 ffi~ ~ u j: < '" ... ~....l 2E~ ., ili j Cl ~ I!J1!I u r/1 : ~ @; 0 ~ ~ ~ ~ ~ OJ '" ~ '" Q <;; <;; ,.. t: :I: "' ~ ..:I Y Y tXHH3f ~ " '"'" '" :::~ ~o '<8 ,,~ r:5~ i5iii ~.. ~~ ~ '" .. u , 80;2 'I-J (., D~':''' i:i~~ ~ c( 13 ' Z'N Z~ai ~N o~ w...~ A . em No. 17 e 36 of 57 z o ;::- <~ &i~ ....~ "'x ~: 09 ..:~ '" ~ z o ~ .... "' ..: ~ ~ H - Ii g ~... ~j _~:l H ",,- 'f o 62 I~ Q.) ... It :E l-l:! f:! d~~H < ::~gJi ". .. 'e"l 8 ~~ !. .'j..J) U t~jf; ~ i! if .5 i: i! ~ ~l it :.& - I' ,I /I ,: it ~ ~ "i'No-,9l rtJ UJ ~ (Q) O::'Gl:' ~ 0(",,- :I: : [illJ] ~t1 >- 0 <I) ~'"' <e- 8 - ~ ~~ < -'z Z Z::r:~ 0 0", " <: "'> 0 ilt!3 ~ >", 0 @ 0.. < = ~ ,,~ 0 ~o <I) '"' ,; ill1!l 0 ;:i:;! ~ 8;:i ~~ ~ ~ i ~ o~ 0:" ~<q 0'" 0'" (g) ",-' ",,,, 0" ~I ill::! rtJ~~ 11M <t:~~ fQb ZI u :'i I-,~....l 0.. : rtJ 0 ~ z ~ ~ ;:: < > "' iil ...l "' "' "' Q 8 <ii '" ~ .... 6 ~ ~I EXH 181T ~ '" ~ 0 go;:i 0:8" ffi~ftl , 7 ffi~~ '" '" .... 0:"'", ot:;.... g:"i= ~(),11. oil38 ....00: 0: '" >;l; 0- 8~ ~~ !;;i2 ~ C ~ ' Z.!l Z~..; ~N o~ W""J: A .- em No. 17 e 37 of 57 (Q) \illJ] ~ = l!M g \illJ] ~ eXHIBr 00 = = <'-' ..... I I- U a '" '" "' "' "' ~ >::;; z oiil gS "' > tH;5 U::;; "' u< z i=5 ~2 ~ " =F"D-.9l ~~ ~ !i ~ z o ...... (J') ..... > .... o (.:J z ...... .Z 5 . 0.. 8 U ~ ~ "' ~ U 8o;:i "'8"' o @~ffi/ o :r....z a ::;;~ <=> :e ~ ~ "' ~ U 8o;:i "'8"' S~ffi i;;~i:2 '" "' >i!l. g~ tI::;; i=Ci ~~ ~ ;:: ~ "' ~ if - H g :'" :i -~:g u - "'I' it ~ ~~ I; .t:: '''I'' ..c l: .it ~ o':':~it <( =J!jJj ~ i~l!! e '~1!iJll u hi.; . iWl," ~ ~e .~ s:; "'! II 't ~i iI,' ~ - , ,I I: " iI 10 rJJ. ~ : ~ ~~ Z~~ I-l eO< ~~.~ ~I rJJ. 1-< iil ~"" ~ 1-< ~ ~ ....~...1 ~ : rJJ. o ~ ~ ~ o u ~ ~ ;:: <( ~ ....l "' "' 8 '" .... ::<: 9 '" 10 ft <L ' Z~!! Zgoi ~N o~ w'~ A . I em No. 17 e 38 of 57 rt1 t-l '\ ~ . t-l 00 ::; ril.... -' E wo (QJ z :lz; 0 '" '" Z~~ 0 0 8~ < 0 ::; '" E-< [j " < ~ ~ l1J!Jl ...... ~j 12 8 U"l '" ~~ e < '" :c u .... co ;-0 e~ ~ ~u W 00 iO u ~ = > 0 8~ > ::; ~~.~ w"' 0 0 '" = ...... > - ~ "'"' c; ~ '" 0 - ~ ow 0 = .... ~ ~ ..... g WW rt1 r- Ul l1J!Jl I <.!) OW ;J;?i 0 Z u::; 0'0 ~ r-~ ww '" g I- ...... ou ~ U Z 0 Z ....ril....l l1J!Jl ::i lQb a.. : rt1 0 ~ ~ ~ ;:: ~ < ~ ~ "' "' "' 8 Cl '" Ui !c ~ c 02 ~ ~ o 00 '" ~ :c 00 -' '" ill t&.lwll.l I: ffi ~:l ~o ;0 >0"1 "'8 'Z;:c " ~ ~9 CI) 8~ o::E 5!CI) ~ u~ !rl~ 1II~ 0 i:~ 0,," U..J "" cn_ :;:..o-,9l EXHISf '" 00 W r , t&.l lXIo" "" U In r;;~Hq 80~ ~ ll.. w~lJJ <~ ~:s ~~~ ~~ ~ ;:: <( G; oj '" <( ::! ~ ;J :j - I. O. H ..5 ~~ if .:a- '. '" 61: II! lI) ... t .~ !...~.! .c 1!~U 80uell <( =~l!Ji ~ ;j"'':H 0",:8:_, e oi~J!U U .l"'i'J . ~~I'l ..J i! .! t:: =" I' .~ d ii :.: - " II " if ~ <I: 8 " Z....~ Z~ci ro~ o~ W.o.;.~ A . Kevin L. Crook Architect, Inc. 1360 Reynolds Avenue . Suite 110 . Irvine, CA 92614 Phone (949) 660-1587 . Fax (949) 660-1589 www.klcarch.com Jasmine Architectural Comparison to Primrose and Maanolia Lennar Homes 9/29/08 08024 The following list of architectural features are common to Jasmine and either Primrose and/or Magnolia "AU Spanish Front elevations . Feature windows are set into recessed arches . Wrought I ron accents . Horizontal stucco accent trims . Stucco corbels at eaves . Stucco trim at window head and sill . Cross type mullion window pattern . Three "clay" pipes in gable ends . Concrete roof tile . Six panel front doors . Recessed garage doors . Panel type roll up garage doors Side and Rear elevations . Gabel end vents with stucco trim at head and sill . Cross type mullion window pattern on the second floor windows . Stucco trim at window heads and sills . Rearpop-out with arched soffit, three "clay" pipes in gable ends and foam bas trim . Shed roof with knee braces at feature windowon side elevations UB" Country Front elevations . Feature windows are set into recesses with flat soffits with stucco trim . Plank type shutters . Recessed detail with trim at head and sill in gables . Stucco corbels at eaves . Stucco trim at window head, jambs and sill . Multi paned windows . Flat concrete roof tiles . Six panel front doors . Panel type roll up garage doors . Recessed garage doors . Wood porch railing at selected elevations . Ledge stone veneer Side and Rear elevations . Gabel end vents with stucco trim at head, jamb and sill . Window mullions on the second floor windows EX' 'I' ", a 0 ~,' """'~j,' , =lNfi"'~ :1 llg~.. \3.1./ ~,=--- .. Agenda Item No. 17 Page 40 of 57 . Stucco trim at window head, jamb, and sill . Rear pop-out with flat soffit, with recessed detail with trim at head and sill in gables . Plank type shutters . Shed roof with knee braces at feature window on side elevations "Cn Craftsman Front elevations . Feature windows are set into recesses with flat soffits with stucco trim . Louver type shutters . Lap siding with three corbels in gables . Stucco trim at window head, jambs and double trim at sill . Craftsman type mullion window pattern . Flat concrete roof tiles . Six panel front doors . Panel type roll up garage doors . Recessed garage doors . Wood porch railing at selected elevations . River rock stone veneer Side and Rear elevations . Gabel end vents with trim at head, jamb and sill . . Window mullions on the second floor windows . Stucco trim at window head, jamb, and double trim at sill . Rear pop-out with flat soffit, with lap siding with three corbels in gables . Louver type shutters . Shed roof with knee braces at feature window on side elevations E,,"-UWlt'lIiT .. l~~ l~C! n_ , ::J J... ' u. Agenda Item No. 17 Page 41 of 57 Excerpts from the Draft Planning Commission Minutes for October 7. 2008 Agenda Item No. 17 Page 42 of 57 MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, OCTOBER 7,2008 CALL TO ORDER - 6:00 P.M. Chairman Zanelli called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Mendoza led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL ABSENT: NONE PUBLIC COMMENTS None STAFF PRESENT Also present were Acting Community Development Director Weiner, Deputy City Attorney Santana, Associate Planner Carlson, Planning Consultant Miller, Planning Consultant Coury, Environmental Principal Planner Worthey, and Office Specialist Porche. 5. Residential Desian Review No. 2008-03. for "Jasmine" bv LennarHomes in Rosetta Hills. Tract Map No. 31792. Chairman Zanelli opened the Public Hearing at 8:00 p.m. Agenda Item No. 17 Page 43 of 57 Acting Community Development Director Weiner provided the Commission with a brief overview of the project. He stated staff is recommending approval of the project based on the Findings, and is subject to the Conditions of Approval. He noted that staff has received several emails showing support for the project. Jarnne Valdez, applicant, thanked staff for their assistance with the project. She spoke of the new floor plans and how they meet the market demands. She indicated that two meetings were held with the Rosetta Canyon Community in order to present the plans and allow the residents an opportunity to comment. She indicated that Lennar would like to start construction of the model homes sometime in November and the production homes in January 2009. She stated Lennar Homes agrees to the Conditions of Approval and would be available to answer any questions the Commission may have. David Giacci, resident, spoke in favor of the project. He indicated that the proposed housing development would be a good addition to the community and would retain the architectural flow. Lolita Robinson, resident, spoke in favor of the project. She indicated that staff has been very helpful and the homeowners really appreciate all the help. Mykal AIi, resident, requested status of the proposed baseball park to be located at the corner of Rosetta Canyon Drive and Ardenwood Way. Acting Community Development Director Weiner stated that the Fire Station, Community Center and Park would be built all at the same time. He indicated that the Community Center is currently in plan check. Traffic Engineer Basubas indicated that construction should begin within two weeks. Chairman Zanelli closed the Public Hearing at 8:12 p.m. Commissioner Gonzales asked if the Magnolia Homes were single or two- story homes. Jarnne Valdez indicated that the Magnolia Homes were all two-story homes. Commissioner Mendoza stated that the project is great and commended Lennar Homes for taking the time to speak with the existing residents in the community. He stated he supported the project. Vice-Chairman Flores concurred with Commissioner Mendoza. He also indicated that he was glad to see the discussion regarding the park. Agenda Item No. 17 Page 44 of 57 Commissioner O'Neal noted that Lennar Homes is listed on the New York Stock Exchange and is a Florida Corporation. He asked if there is a requirement that all purchasers of the homes must pay into the charitable fund. Jarnne Valdez explained that the fund is a charitable housing foundation, which is used to go to charitable foundations and the buyers must pay into the fund. Chairman Zanelli thanked Lennar Homes for meeting with the existing residents. He stated he drove through the area with Project Planner Donahoe and had a chance to speak with some of the residents. He indicated the residents seemed to be happy with the design of the project. It was motioned by Commissioner Mendoza, seconded by Commissioner Gonzales to adopt Resolution No. 2008-77 recommending to the City Council approval of Residential Design Review No. 2008-03 for the "Jasmine" product at Rosetta Hills Tract 31792. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE-CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE Agenda Item No. 17 Page 45 of 57 Staff Report to Planning Commission October 7. 2008 Agenda Item No. 17 Page 46 of 57 CITY OF ~ LAtil'LS!il'iO~ "'-.,. ('.>:,..:/-',. .::.','- ... ...~~ DREAME)<TItEME.. REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 7,2008 PROJECT: RESIDENTIAL DESIGN REVIEW NO. 2008-03, FOR "JASMINE" BY LENNAR HOMES IN ROSETTA HILLS, TRACT MAP NO. 31792 APPLICANT & OWNER: JARNNE VALDEZ, SR. PROJECT MANAGER, LENNAR HOMES, 391 N. MAIN STREET, SUITE 301, CORONA, CA 92880 PROJECT REQUEST The applicant requests approval to construct 65 residential lots in Rosetta Hills in Tract 31792 including a model complex, with the proposed "Jasmine" product. "Jasmine" products will replace the previously approved "Magnolia" homes for these lots in a community nearly 60% constructed and occupied. PROJECT LOCATION The project site is located southeast of Highway 74, east of Interstate 15, and east of the intersection of Conard Avenue and Third Street, and known as Assessor's Parcel Nos. 347-330-019, -045, -046, -050 thru -053; 347-360-003, -004 arid -005. ENVIRONMENTAL SETTING EXISTING LAND USE ZONING GENERAL PLAN Project Vacant & under R-1 Single Family Low Medium Density Site construction & partially Residential Residential (6 dwellings occupied oer acre) North Rosetta Canyon (by Ramsgate Specific Plan Ramsgate Specific Plan Centex Homes) Page 1 of 5 Agenda Item No. 17 Page 47 of 57 PLANNING COMMISSION STAFF REPORT RDR 2008-03 OCTOBER 7, 2008 South Vacant R-1- Single Family Very Low Density & RR - Rural Residential Residential (2 acre min) & Freeway Business East Centex Homes & Ramsgate Specific Plan Ramsgate SP & Low Warren Elementary & RR - Rural Residential Medium Density & Very School Low Density Residential West Vacant County Sphere of Influence, Very Low Densitv Residential BACKGROUND On June 20, 2006, the Planning Commission approved Residential Design Review No. 2005-20, which allowed the construction of the "Magnolia" and "Primrose" products in Rosetta Hills. To date, 111 of the 190 lots have already been constructed and occupied, eight are under construction and will close in October, and six remain to pull permits as "Magnolia" products. No homes in Rosetta Hills are in foreclosure as of September 25, 2008, however there are homes for sale. PROJECT DESCRIPTION Residential Design Review No. 2008-03 proposes 11 phases, generally with six homes in each phase, for a total of 65 homes. The proposed "Jasmine" product consists of three floor plans, ranging in size from 2,269 square feet, 2,441 square feet, and 2,590 square feet. Three elevation styles are proposed, "Spanish," Country," and "Craftsman," selected to emulate these styles in the existing "Magnolia" and "Primrose" neighborhoods. The model complex consists of two homesites and a parking lot at the intersection of Bankhall Street and Diana Lane. This location is adjacent to Lennar's existing model complex for "Magnolia" and "Primrose," and at the Diana Lane entrance to the Rosetta Hills community. ANALYSIS Staff recommended and Lennar agreed to invite the residents of Rosetta Hills to a meeting to present the new products and materials proposed. Staff attended the meeting, held on August 6, 2008, at the Lennar Sales Office, and noted the concerns of the residents. Since that date, Staff has worked with the applicant to address these concerns. Page 2 of 5 Agenda Item No. 17 Page 48 of 57 PLANNING COMMISSION STAFF REPORT RDR 2008-03 OCTOBER 7, 2008 1. Integration of a new product in an existing neighborhood Residents claim that Rosetta Hills was not originally designed to accommodate an integration of various sized homes, that the proposal is forcing this integration because of market demands. Staff reviewed the proposed Plotting and Phasing Plans with particular attention to the integration issue. Staff recommended and Lennar modified their proposal to ensure that the "Primrose," "Magnolia" and "Jasmine" neighborhoods were plotted cohesively. Six "Magnolia" products are to remain on Lots 25, 82, 83, 109, 118, and 119, in order to retain their continuity at the intersection of Diana and Waterford Streets. The proposed new "Jasmine" products are at the southeast. portion, along both sides of Whitehall, Vauxhall and the end portion of Waterford Streets, and at the northwestem portion, on both sides of the beginning of Bankhall Street. If the "Jasmine" product had been proposed in the original submittal for Rosetta Hills, Staff would have found the proposed locations acceptable as an integrated plan. 2. Addition of a single story product in a solely two-story community Residents claim downsizing the products reduces their property values, that the single story product is ugly and is not enhanced to match the "Magnolia" and "Primrose" products. Staff did not have a concern with the introduction of a single story unit. However, Lennar replaced it with another two story product in response to the residents' concerns. No single story product was constructed in Rosetta Hills, and the adjacent Rosetta Canyon development by Centex is predominantly two-story. "Jasmine" now offers all two-story products as follows: . Plan 1, a 4 bedroom,3 bath,3-car garage plan @ 2,269 5.1.; . Plan 2, a 4 bedroom,3 bath,3-car garage plan @ 2,441 5.1.; . Plan 3, a 4 bedroom,3 bath,3-car garage plan @ 2,590 5.1. The "Magnolia" product offers three plans, all two-story, 3-car garage homes @ 2,904 s.1., 3,049 s.1., and 3,399 s.1. The plans offer four, three and five bedrooms respectively. The existing "Primrose" products are comprised of two-story homes from 3,504 s.1., 3,676 s.1. and 3,873 s.1. All plans offer five bedrooms, and the garages have capacity for either three or four cars. Page 3 of 5 Agenda Item No. 17 Page 49 of 57 PLANNING COMMISSION STAFF REPORT RDR 2008-03 OCTOBER 7, 2008 3. Matching the quality of architecture to the existing community Residents claim that the elevations originally submitted had few enhancements that matched up to their homes. They believed that the lesser quality was obvious. Prior to the submittal of RDR 2008-03, Staff indicated to Lennar that smaller sized product offerings would not necessarily be grounds for denial, as long as the new product was designed to integrate into the existing community. Staff worked with Lennar to match up "Jasmine" to the existing community in quality of architecture and materials used. Lennar agreed to use the same Color and Material Boards approved for "Primrose" and "Magnolia." The "Jasmine" products offer a Spanish style designed to emulate the Spanish. style in "Primrose: while the Country and Craftsman .styles took elements from the "Magnolia" products. A listing of similar architectural treatments was provided by the Lennar architect, Kevin L. Crook, and his list is attached to this Staff Report as Exhibit 'L.' The "Jasmine" products also offer a similar width of house frontage, thereby creating a similar street scene as the existing "Magnolia" and "Primrose" homes. ENVIRONMENTAL DETERMINATION Residential Design Review No. 2008-03 does not propose substantial changes to Tract Map No. 31792 for which Mitigated Negative Declaration No. 2004-06 was prepared. No new significant environmental effects or an increase in the severity of previously identified significant effects are anticipated. No substantial changes have occurred with respect to the circumstances under which the project is undertaken that would require major revisions to the Mitigated Negative Declaration. No new information of substantial importance has come forward with respect to significant effects or alternative mitigation measures that have not been addressed in the design of this project. The applicant is conditioned to comply with mitigation measures adopted for Tract Map No. 31792. Staff recommends that the Planning Commission determine that Residential Design Review No. 2008-03 is consistent with and implements Mitigated Negative Declaration No. 2004-06 for Tract Map No. 31792. Therefore, in accordance with the California Environmental Quality Act (CEQA) and pursuant to Section 15162 -Subsequent EIRs and Negative Declarations, of said Act, Staff recommends that the Planning Commission determines that no further environmental documentation for Residential Design Review No. 2008-03 is necessary, RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution approving Residential Design Review No. 2008-03. Page 4 of 5 Agenda Item No. 17 Page 50 of 57 PLANNING COMMISSION STAFF REPORT RDR 2008-03 OCTOBER 7, 2008 Prepared By: Carole K. Donahoe, AICP, Project Planner ~ Tom Weiner, Acting Director of Community Development Approved By: Attachments: 1. Exhibit 'A' - Vicinity Map 2. Resolution No. 2008-_approving Residential.Design Review No. 2008-01 a. Conditions of Approval b. Exhibit 'B' - Plot Plan c. Exhibit 'C' - Phasing Plan d. Exhibit 'D' - Model Complex Site Plan e. Exhibit 'E' - Model Complex Conceptual Landscape Plan f. Exhibit'F' - Floor Plans (3 pages) g. Exhibit 'G' - Street Scene h.. Exhibit 'H' - Elevations (9 pages) i. Exhibit 'I' - Color & Material Board (Enclosure) j. Exhibit 'J' - Architectural Comparison Listing (2 pages) 3. Draft Acknowledgement of Conditions 4. Draft Notice of Determination Page 5 of 5 Agenda Item No. 17 Page 51 of 57 Correspondence Agenda Item No. 17 Page 52 of 57 .......rC Page lofl fiLE COpy Kristine Herrington From: jennyfer626@aol.com Sent: Tuesday, October 07,200810:17 AM To: Tom Weiner; Kristine Herrington; Jarnne.Valdez@Lennar.com Subject: Rosetta Hills October 7, 2008 To: The City of Lake Elsinore Planning Department I am writing this letter in regards to the proposed Lennar Homes plan of building the new Jasmine product on the remaining homesites within the Rosetta Hills Community. As a Rosetta Hills homeowner I feel that the proposed Jasmine product would be a reasonable alternative to the original Magnolia homes. After reviewing the final plans and elevations, I am pleased with the detail and architectural changes that Lennar has made at the request of the current residents. Please support the Lennar proposal and approve Jasmine at Rosetta Hills. Thank you! AI & Jennifer Serrato 41099 Hightower Street Lake Elsinore, CA 92532 McCain or Obama? Stay updated on coverage of the Presidential race while you browse - Download Nowl Agenda Item No. 17 Page 53 of 57 10/7/2008 I I To: The City of Lake Elsinore Building and Permits I am writing this letter in regards to the proposed Lennar Homes plan of building the new Jasmine product on the remaining home sites within the Rosetta Hills Community. As a Rosetta Hills homeowner I feel that the proposed Jasmine product would be a reasonable alternative to the original Magnolia homes. After reviewing the final plans and elevations, I am pleased with the detail and architectural changes that Lennar has made at the request of the current residents. \ Please support the Lennar proposal and approve Jasmine at Rosetta Hills. Thank you! Mayra Santini Agenda Item No. 17 Page 54 of 57 Page 1 of! Dana Porche From: Bryant and Irene Romero [romeroJ7@msn.com] Sent: Tuesday, October 07,2008 12:59 PM To: Tom Weiner; jamne.valdez@lennar.com; Dana Porche Subject: Lennar Homes Good Morning Tom, The reason for this email is to express my full and complete support of Lennar's new product "Jasmine" at Rosetla Hills. I currently reside at 40956 Diana Lane, Lake Elsinore within the Rosetta Hills community. I respectfully request that the Planning Commission approve Lennar's new product "Jasmine at Rosetta Hills". Thank you, Shelly Jordan Stay up to date on your PC, the Web, and your mobile phone with Windows Live. See Now Agenda Item No. 17 Page 55 of 57 101712008 Page 10f1 Kristine Herrington From: William Sacriste (wmjsacriste@hotmail.com] Sent: Tuesday, October 07, 2008 9:40 .AM To: Tom Weiner Cc: jarnne.valdez@lennar.com; Kristine Herrington Subject: Residential Design Review No. 2008-03 for "Jasmine" Mr. Weiner: I just wanted to communicate with you my support to this project as a current homeowner at the Rosseta Hills community by lennar Homes. In the current environment, we do feel it is in our best interest to see the community moving forward towards build out as proposed by lennar. Sincerely, William J. Sacriste wmisacristelOlhotmail.com (951) 579-4515 40982 Diana In lake Elsinore, CA 92532 Agenda Item No. 17 Page 56 of 57 101712008 Page 1 ofl Kristine Herrington From: Shauna Sacriste [schwana76@hotmail.com] Sent: Tuesday, Octo~er 07,2008 11 :32 AM To: Tom Weiner Cc: Kristine Herrington; jamne.valdez@lennar.com Subject: Residential Design Review No. 2008-03 for "Jasmine" Mr. Weiner, As a homeowner in the Rosetta Hills community I want to express my support for the proposed Jasmine project by Lennar. I attended the meeting in our community that was held in July. At that time I was able to view the suggested Jasmine plans. They aesthetically match the current homes in the area both inside and out. They will also help insure that our community Is built out in a timely manner. From that meeting and what I have read in the paper, I believe this project will be positive for our community and the city of Lake Elsinore. Sincerely, Shauna Sacriste schwana76((i)hotmail.com (951) 579-4515 40982 Diana Lane Lake Elsinore, CA 92532 5tay up to date on your PC, the Web, and your mobile phone with Windows Live. 5ee Now Agenda Item No. 17 Page 57 of 57 1017/2008