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HomeMy WebLinkAbout10/10/2006 CC Reportsr ti CITY OF LAKE ELSINORE CITY COUNCIL AGENDA ROBERT E. "BOB" MAGEE, MAYOR W W W.LAKE-ELSINORE.ORG ROBERT L. SCHIFFNER, MAYOR PRO TEM (951) 674 -3124 PHONE THOMAS BUCKLEY, COUNCILMEMBER (951) 674 -2392 FAX DARYL HICKMAN, COUNCILMEMBER LAKE ELSINORE CULTURAL CENTER GENIE KELLEY, COUNCILMEMBER i 183 NORTH MAIN STREET ROBERT A. BRADY, CITY MANAGER LAKE ELSINORE, CA 92530 de$9r �r 9t9t ie a4 *9e 9c$r *4e eF de �e ie * *9r it 4e eY *9e de �F 9r 9r 9r 4e de 9r'aF 9e *9r 9r ek9e tk e49e de �F 4r 9e�k 9e aF a4 aF aY *4r eFeY �'e de aY TUESDAY, OCTOBER 109 2006 — CLOSED SESSION AT 5:00 P.M. PUBLIC SESSION AT 7:00 P.M. If you are attending this City Council Meeting please park in the Parking Lot across the street from the Cultural Center. This will assist !us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation! CALL TO ORDER ROLL CALL CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION — Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9: '(1 potential case) RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL Page 2 — City Council Agenda — October 10, 2006 PRESENTATIONS /CEREMONIALS A. Proclamation — National Breast Cancer Awareness Month B. Proclamation — Beth DeCou C. Business of the Quarter CLOSED SESSION REPORT PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting) PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting. The Mayor will call on you to speak, when your item is called.) CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Councilmember or any member of the public requests separate action on a specific item.) Warrant List — September 28, 2006. RECOMMENDATION: Ratify. 2. Southwest California Economic Alliance Agreement. RECOMMENDATION: Approve the Agreement. Authorize the Mayor to execute the agreement. 3. Resolution initiating proceedings and approving the Engineer's Report for City of Lake Elsinore Landscape and Street Lighting District No. 1 — addition of Park landscaping to Serenity — Zone 4, declaring the City's intention to increase assessments and to levy and collect assessments and offering a time and place for hearing objections thereto. Page 3 — City Council Agenda — October 10, 2006 RECOMMENDATION: Approve the Engineer's Report for LLMD No. 1. Adopt Resolution No. 2006 -167 declaring the Intention to increase assessments for LLMD No. 1. Schedule the public hearing on the assessment increase for November 28, 2006. 4. Approve a Deposit and Reimbursement Agreement, Resolution of Intention to establish Community Facilities District No. 2006 -8 (Running Deer Estates) and Resolution of Intention to incur bonded indebtedness. RECOMMENDATION: Approve Deposit and Reimbursement Agreement. Adopt Resolution No. 2006 -168 establishing CFD No. 2006 -8 and calling a public hearing for November 28, 2006. Adopt Resolution No. 2006 -169 to incur bonded indebtedness. 5. Modifications to MSHCP Consistency Resolutions previously adopted by the City Council for two projects within the Ramsgate Specific Plan. RECOMMENDATION Authorize the City Attorney to make the aforementioned revisions to Resolution No. 2006 -140 and Resolution No. 2006 -156 prior to signing the documents and placing them on file with the City Clerk.. Page 4 — City Council Agenda — October 10, 2006 6. Change Order No. 1 for the Interim Improvements located at I- 15/Railroad Canyon Road Interchange. RECOMMENDATION Approve Change Order No. 1 reducing cost by $31,256.64. Authorize the City Manager to execute Change Order No. 1 with R. J. Noble Company: 7. Agreement with Caltrans to fund a portion of the traffic signal and intersection improvements located at the intersection of Ortega Highway (SR -74) and Grand Avenue. E3 0 RECOMMENDATION Authorize the Mayor to enter into a cooperative agreement with Caltrans for the reimbursement of funds in the amount of $120,000 for the Ortega Highway and Grand Avenue Intersection Improvement Project. Resolution to approve grant for Proposition 50. RECOMMENDATION Final Map No. 32991. RECOMMENDATION Adopt Resolution No. 2006 -170 approving the application for grant funds (Proposition 50). Approve Final Map No. 32991 for Condominium purposes. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation. 41 Page 5 — City Council Agenda — October 10, 2006 PUBLIC HEARING 21. Commercial Design Review No. 2006 -04 — Medical & Professional Office Buildings. RECOMMENDATION: Adopt Resolution No. 2006 -171 making Findings of Consistency with the MSHCP. Adopt Resolution No. 2006 -172 approving Commercial Design Review No. 2006 -04. 22. Industrial Design Review No. 2006 -01 for a proposed industrial building located at 570 3d Street. RECOMMENDATION: BUSINESS ITEMS Adopt Resolution No. 2006 -173 making Findings of Consistency with the MSHCP. Adopt Resolution No. 2006 -174 approving Industrial Design Review No. 2006 -01. 31. Second Reading — Ordinance No. 1195 —Approving Pre - Annexation Zone Change No. 2006 -07 Annexation No. 76. RECOMMENDATION: Adopt Ordinance No. 1195, upon second reading, by title only. 32. Second Reading — Ordinance No. 1196 — Approving Zone Change No. 2006 -07 Annexation No. 76. RECOMMENDATION: Adopt Ordinance No. 1196, upon second reading, by title only. Page 6 — City Council Agenda — October 10, 2006 33. Second Reading — Ordinance No. 1197 — Approving Ramsgate Specific Plan No. 89 -1 Fifth Revision. RECOMMENDATION: Adopt Ordinance No. 1197, upon second reading, by title only. 34. Second Reading — Ordinance No. 1198 — Approving Pre - Zoning No. 2006 -04 Annexation No. 77. RECOMMENDATION: Adopt Ordinance No. 1198, upon second reading, by title only. 35. Second Reading — Ordinance No. 1199 — Approving Pre - Annexation Zone Change No. 2006 -03 Annexation No. 78. RECOMMENDATION: Adopt Ordinance No. 1199, upon second reading, by title only. 36. Second Reading — Ordinance No. 1201 — Amending and restating Section 2.08.020 of the L.E.M.C. — City Council compensation. RECOMMENDATION: Adopt Ordinance No. 1201, upon second reading, by title only. 37. Second Reading — Ordinance No. 1202 — Repealing Chapter 2.09 of the L.E.M.C. RECOMMENDATION: Adopt Ordinance No. 1202, upon second reading, by title only. 38. Commercial Design Review No. 2006 -05 for the clubhouse located at the "Links of Summerly ". RECOMMENDATION: Adopt Resolution No. 2006 -175 making Findings of Consistency with the MSHCP. Adopt Resolution No. 2006 -176 approving Commercial Design Review No. 2006 -05. 4 Page 7 — City Council Agenda — October 10, 2006 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 SE13TEMBER 2.8. 2006 CITY OF LAKE, ELSIINOR E WARRANT SUMMARY FUND# FUND DESCRIPTION `FOTAL, 100 GENERAL FUND $ 649,162.76 105 MISCELLANEOUS GENERAL PROJECT FUND 55,801.64 110 STATE GAS TAX FUND 765.67 112 TRANSPORTATION /MEASURE A FUND 241,507.73 115 TRAFFIC SAFETY FUND 142.50 130 LIGHTING /LANDSCAPE MAINTENANCE FUND 29,554.08 135 L.L.M.D. NO. 1 FUND 462.81 201 STREET C.I.P. FUND 213.75 204 SIGNAL C.I.P. FUND 147.80 205 TRAFFIC IMPACT FEE FUND 90,703.36 221 PARK C.I.P. FUND 986.72 231 LIBRARY C.I.P. FUND 5,902.42 254 89 -1 RAILROAD CANYON IMPROVEMENT FUND 1,566.49 666 MOBILE SERVICE AIR POLLUTION FUND 1,742.50 357 C.F.D. 2003 -02 DEBT SERVICE FUND 6.85 360 A.D. 93 -1 DEBT SERVICE FUND 3,295.00 363 C.F.D. 88 -3 (1111997-A) DEBT SERVICE FUND 4,386.40 36 4 C.F.D. 68 -3 (III 1997 -B) DEBT SERVICE FUND 1,500.00 365 C.F.D. 98 -1 SUMMERHILL DEBT SERVICE FUND 325.67 369 C.F.D. 2004 -3 ROSETTA CANYON DEBT SERVICE FUND 2,400.00 375 C.F.D. 2006 -4 TRACT #30698/32129 DEBT SERVICE FUND 315.00 377 C.F.D. 2006 -X LUMOS(FESSARA DEBT SERVICE FUND 327.60 608 TRUST DEPOSIT AND PRE -PAID EXPENSE FUND 163,475.00 620 COST RECOVERY SYSTEM FUND 20,824.00 650 C.F.D. 2003 -1 LAW 8, FIRE SERVICE FUND 405.30 GRAND TOTAL $ 1,275,921,05 AGENDA ITEM NO. 1013/2006 Warrant 092806 1 oft PAGE--,Z-_OF 5 SEPTEMBER 28, 2006 CITY OF LAKE ELSII' ORE WARRANT LIST CHECKH VENDOR NAME AMOUNT 87480 FIRST AMERICAN TITLE INS. CO. WLJ.VV� 1,305,197.58 87480 VOID (FIRST AMERICAN TITLE INS. CO.) (1,305,1W 58) 87481 _ ...,,. PRODUCTION VIDEO . 5,190.19 87482 _,.._ LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 640.00 87483 COUNTY OF RIVERSIDE, DEPARTMENT OF ENVIRONMENTAL HEALTH 458.40 87484 THE MARK FISHER COMPANY 1,898-.00 87485 ALTURA CREDIT UNION 1075.00 87486 LC. M.A. RETIREMENT TRUST 4,380.50 87487 E.D.C. SOUTHWEST RIVERSIDE COUNTY 160.00 87488 NANCY ARTEAYA 395.00 87 492 VOID .. . 0.0 . 0 87493 417496 A & A JANITORIAL SERVICE 8,539.00 87497 A A EQUIPMENT RENTAL CO., INC. 244.01 87498 A BETTER PARTY 113.61 87499 ACCOUNTEMPS 1,764.00 87500 ACTION PARK ALLIANCE, INC. 4,166.00 1. 87501 ACTIVE MOTORSPORTS 737.62 87502 ADVANCED ENVIRONMENTAL SERVICE 5,624.26 87503 AIA INLAND CALIFORNIA 736.00 87504 ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. 1. 3,171.26 87505 AMERICAN ASPHALT SOUTH, INC. 167,612.10 87506 AMERICAN FENCE COMPANY, INC. 60.00 87507 _.._. _ Ei .. . ........ ......... _......... AMERICAN FORENSIC NURSES _......._. 9......_. 491.70 87508 AMERICAN MATERIAL CO. 32.98 87509 ERICA ANDERSEN 390.75 87510 -87511 APPLE ONE EMPLOYMENT SERVICES 9,195.62 875 12 ARTISAN GOLDSMITHS & AWARDS 5.93 87 513 BANK OF NEW YORK TRUST COMPANY 3,254.20 87514 BEAR CREEK PHARMACY 24.47 87515 BEN CLARK TRAINING CENTER 72.00 87516 BERRYMAN & HENIGAR, INC. 9,286.00 87517 BID -TM LABORATORIES 1,317.30 87518 BLOOMFIELOGROUP, INC. 3,627.50 87519 THE CABINET PLANT 1,967.00 0520 STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE 665.00 87521 CAMERON WELDING SUPPLY 54.05 87522 CANON FINANCIAL SERVICES, INC. 1 038.96 67523 CCP INDUSTRIES, INC. 167.53 87524 CM WASH EQUIPMENT 77.00 87525 CMS BUSINESS FORMS, INC. 1,034.49 87526 CNH CAPITAL AMERICA, L.L.C. 3 251.A2 87527 COAST 70 COAST WIRELESS, INC. 264.73 87528 COMPUTER ALERT SYSTEMS, INC. 1 056.00 87529 COOK EQUIPMENT OF ORANGE, INC_. 809.03 87530 _ KIRT A. COURY 6 833.10 87531 CPS HUMAN RESOURCE SERVICES 284.00 87532 CRAFCO, INC. 2,303 ' 60 87533 -87535 CUTTING EDGE STAFFING INC. 14,624.10 87536 DELL MARKETING, L.P. 5 049.99 87537 DE RT SSE MOON CUSTOM POOLS & 264.79 87538 _SPAS DO IT CENTER 232.58 87539 _......... CAROLS K. DONAHOE, A.I.C.P. _ _.. _ _ ...., _..... ....... _ _.............. 4,798.95 _ AGENDA ITEM NO._�_ 101312008 Warrant 092806 1 OF 4 PAGE •a OF :.'i SEPTEMBER 28, 2006 CITY OF LAKE ELSINORE WARRANT LIST CIiECKN VENDOR NAME AMOUNT 87540 DOWNS COMMERCIAL FUELING, INC. 4,820.93 87541 DOWNS ENERGY 965.07 87542 DRESCO REPRODUCTION, INC. 3i4613 87543 D3 EQUIPMENT 730.90 87544 -87547 E. V. M. W. D. 30,108.19 87548 E.G. BRENNAN & CO., INC. 214.50 87 549 E.S. BABCOCK &SONS, INC. _ .. 660.00 87550 EBERHARD EQUIPMENT, INC. 431.00 87551 ELITE ELEVATOR, INC. 312.00 87552 ELSINORE ELECTRICAL SUPPLY, INC. 261.09 87553 ELSINORE PIONEER LUMBER CO. 15.03 87554 ELSINORE VALLEY RENTALS _.... 576.63 87555 _ .. ... EMKAY, INC. 898.58 87556 EMPLOYMENT DEVELOPMENT DEPARTMENT 5,444.00 87557 ENFORCEMENTTECHNOLOGY,INC. 755.33 87558 -87559 EXCEL LANDSCAPE INC. 29,304.99 87560 FARMER BROTHERS CO. 7g,g7 87661 -87562 FEDERAL EXPRESS CORPORATION 337.40 87563 FERGUSON GROUP L L.C. 6,000.00 87564 FIRST RST AMERICAN REAL ESTATE SOLUTION 125.90 87565 K. HOVNANIAN FORECAST HOMES, INC. 163,000.00 87566 FRED PRYOR SEMINARS /CAREER TRACK 39.00 87567 NITA GERMAN 17925 87568 GOLDEN OFFICE TRAILERS, INC. 26938 87569 GOLF VENTURES WEST 184.99 87570 GRAINGER INDUSTRIAL SUPPLY 19.98 87571 THE GRAPHICS COMPANY 25.00 87572 -87575 GREENSCAPE LANDSCAPE, INC. 15,969.50 87576 AIRLINE GULBRANSEN 482.83 87577 _.......... _ ...... . ............ ..__ .. H.O.P.E., INC. _ _.. .....0.. 5,000.00 87578 HARDY & HARPER, INC. 164,217.56 87579 HAROLD STEPHENS PLUMBING CO. 270.00 87580 HARRIS & ASSOCIATES, INC. 49,715.00 87581 HARRIS & ASSOCIATES, INC. 8,998.25 87582 HARTZOG & CRABILL, INC. I 1 1,742.50 87583 HAULAWAY STORAGE CONTAINERS, INC. 232.50 87584 _.... _._._ ..__..__ _ HDR ENGINEERING, INC. _..__...5 3,694.75 87585 HILTON SAN DIEGO MISSION VALLEY 133.55 875W HOOTEN 30.00 87587 IMPACT PROMOTIONAL PRODUCTS 1,300.00 87588 IMSA PUBLIC SAFETY 60.00 87569 INLAND BOBCAT, INC. 3,260.21 87590 INLAND EMPIRE LOCK & KEY 229.84 67691 INTERSTATE SWEEPING SERVICES 871.25 87592 J & J SUPPLIES, INC. 1,843.91 87593 J. MARK HOLLAND & ASSOCIATES 489.50 87594 JEFF HAUSER MOBILE WELDING 480.00 87595 JOHN DEERE LANDSCAPES 64.65 87596 L & M FERTILIZER, INC. 2.394.22 87597 LAKE BUICK PONTIAC GMC, INC. 11,708.35 87598 LAKE CHEVROLET 135.68 87599 LAKE ELSINORE FLORIST & GIFTS 219.75 87600 -87601 LAW OFFICE OF RAUL B. GARCIA 3,218.92 AGENDA ITEM NO. 10/.V2006 Wama6 092806 2 of 4 PAGE ' OF SET'TEMBER 28, 2006 CITY OF LAKE ELSINORE WARRANT LIST CIIECK# VENDOR NAME AMOUNT 87602 LEAR AUTO BODY & TOWING 496.31 87603 LIBRARY SYSTEMS & SERVICES, L.L.C. 5,902.42 87604 LIM & NASCIEMENTO ENGINEERING 4,963.40 87 605 LONGTIN'S AUTO SUPPLY _ .. 171.57 87606 JIM LUNGER 35.00 87607 THE MARK FISHER COMPANY 3,423.00 87608 SANDRA MASSA- LAVITT 2,205.00 87609 MAYHALL PRINT SHOP 747.79 87610 MCFADDEN -DALE HARDWARE 270.07 87611 MCMASTER -CARR 40.34 87 612 MERCHANTS BUILDING MAINTENANCE 1,553.08 87613 LINDA M. MILLER 5,200.00 87614 MORROW PLUMBING, INC. 25.49 87615 MORROW PLUMBING, INC. 326.90 87616 MYERS TIRE SUPPLY _. 196.71 87617 NATIONAL PEN CORPORATION 132.54 87618 NELSON PAVING INC. 1,210.85 87619 Nban COMMUNICATIONS 2,337.69 87620 NOBLE CONSULTANTS, INC. 3,394.00 87621, NORTH COUNTY TIMES 507.02 87622 NORTHERN SAFETY CO., INC. 28.84 87623 O'REILLY PUBLIC RELATIONS 7,724.62 87624 OCB REPROGRAPHICS 184.13 87625 OMNIS, INC. 3,960.00 87626 PITNEY BOWES PURCHASE POWER 3,000.00 87627 PREMIUM PALOMAR MT. SPRING WATER 587.70 87628 PRESS ENTERPRISE 82.68 87629.87630 THE PRESS ENTERPRISE 4,579.15 87631 -87633 PRUDENTIAL OVERALL SUPPLY 491.64 87634 QUAID TEMECULA HARLEY DAVIDSON 93.68 87635 -8763 6 QUILL CORPORAT ION 2,223.49 87637 RAMSEY BACWLOW & PLUMBING 35.00 87638 RANCHO CALIFORNIA WATER DISTRICT 16,403.75 87639 REBEL RENTS, INC. 192.43 87640 R16HTWAY SITE SERVICES, INC. 1,817.86 87641 JAMES RILEY 296.00 87642 RIVCOMM, L.L.C. 25.00 87643 RIVERSIDE COUNTY SHERIFF 32,719.00 87644 COUNTY OF RIVERSIDE, OFFICE OF ASSESSOR, GARY L. ORSO 24.00 87 645 1. COUNTY OF RIVERSIDE, BOB DOYLE, SHERIFF 14,429.52 87646 ANTHONY ROMERO 3,542.50 87647 JESUS ROQUE 240.00 87648 SAN DIEGO DAILY TRANSCRIPT 1,888.45 87649 SEACARD POOL, INC. 264.28 87650 SELECT PERSONNEL SERVICES 384.75 87651 SHARE CORP. -& 1,982.97 87652 SMART FINAL 22.83 87653 KATHLEEN R' SMITH 168.75 87654 DAVID DAVID S. SOLOMON 1,710.00 87655 -87661 SOUTHERN CALIFORNIA EDISON CO. 876 62 SPORT SUPPLY GROUP, INC. ,47,831.21 1,514.37 87663 SPRINT 241.65 87664 STAPLES BUSINESS ADVANTAGE 109.37 AGENDA ITEM NO._�_ 10/312006 Warmnt 092806 3 OF 4 PAGE !i OF ` SEPTEMBER 28, 2006 CITY OF LAKE E.ISINORE WARRANT LIST CI3EClC# VENDOR NAME AMOUNT 87665 -87666 STAPLES CREDIT PLAN 3,763.94 87667-87668 STAUFFER'S LAWN EQUIPMENT 1,661.78 87669 STK ARCHITECTURE, INC. 46,555.30 87670 PEGGYJ. STORAASLI 500.00 87671 BOB STOVER, INC. 5,405.00 87672-87673 TEAMAUTOAID, INC. 321.65 874 67 TEMECULA COPIERS 506.49 87675 TEMECULA VALLEY PIPE & SUPPLY 9,17 87676 TRAFFIC & PARKING CONTROL CO., INC. 398.67 V677 TRAUMA INTERVENTION PROGRAMS, INC. 7,500.00 87678 UNION BANK OF CALIFORNIA 8,695.00 87679 UNITED PARCEL SERVICE 97.15 87680 UNITED STATES POSTAL SERVICE 2,300.00 87681 URBAN CROSSROADS, INC. 7,673.83 87682 VENUS PRINTING 211.09 87683 VERIZON CALIFORNIA, ING 885.12 87684 VERIZON EQUIPMENT SALES & SERVICE 680.74 87685 VICTOR R MARTINEZ TRUCKING 4,206.00 MN VILLAGE EQUIPMENT RENTALS, INC. 562.00 87687 KY -ANH VO, AKA TOM VO, JR. 619.60 87688 WAXIE SANITARY SUPPLY 61.47 87689 WEST COASTARBORISTS,INC 042.40 87690 WESTERN HIGHWAY PRODUCTS, INC. 385.75 87691 WENDY WORTHEY 7,087.00 87692 ZONES CORPORATE SOLUTIONS 1,166.16 87693 ZUMAR INDUSTRIES, INC. 259.55 TOTAL $ 1,095,273.14 PlE DATE: 09115/06 PAYROLL TAXES 52,771.30 09/15/06 PAYROLL CASH 127,876.61 GRAND TOTAL $ 1,275,921.05 AGENDA ITEM NO. } 1013/2006 Warrant 092806 4 OF 4 PAGE 5 OF S CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: BOB BRADY, CITY MANAGER DATE: OCTOBER 10, 2006 SUBJECT: SOUTHWEST CALIFORNIA ECONOMIC ALLIANCE AGREEMENT BACKGROUND In fiscal year 2005/06 the City of Lake Elsinore, along with the Cities of Murrieta and Temecula, cooperated with the County of Riverside on an endeavor to market the southwest portion of the county for business attraction. The program was jointly funded by the agencies, with staffing and office space provided by the County. Results of last year include regular planning meetings involving all agencies, maintenance of GIS -based website, development and publication of print materials, radio advertisements, magazine advertisements, trade show booths and television opportunities for marketing the region. DISCUSSION The agreement was for a one -year term. All other participating agencies have agreed to continue funding for the current fiscal year. Valid leads are coming in from the previous marketing campaigns, and as the concept of Southwest California is placed continually before businesses in southern California, more interest should be generated. The staff person assigned to the project will continue allowing for consistency of efforts, and there is some carry over of funds from the prior year that, combined with current year funding, will allow for larger efforts to be accomplished. REPORT TO CITY COUNCIL OCTOBER 10, 2006 PAGE FISCAL IMPACT The City of Lake Elsinore's participation would be at a cost of $30,000 with additional in -kind support provided by staff and volunteers. The $30,000 was included in the 2005 -06 operating budget. RECOMMENDATION It is recommended that the City Council approve the Southwest California Economic Alliance Agreement and authorize the Mayor to execute the agreement. PREPARED BY: CATHY BARROW, GIS ANALYST APPROVED FOR AGENDA BY: CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: OCTOBER 10, 2006 SUBJECT: RESOLUTION INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1— ADDITION OF PARK LANDSCAPING TO SERENITY — ZONE 49 DECLARING THE CITY'S INTENTION TO INCREASE ASSESSMENTS AND TO LEVY AND COLLECT ASSESSMENTS, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO BACKGROUND As a condition of approval, the City required the Serenity development to be annexed into the Landscape and Street Lighting District No. 1. New developments are annexed into Landscape and Street Lighting District No. I if a development will have public right -of -way landscaped areas maintained by the City or if there are more than three street lights in the public right -of -way. The Serenity development was annexed into the District on January 25, 2005. Since that time, the requirements of the Serenity — Zone 4 development have increased the amount of landscaping to include 9.52 acres of park landscaping. Therefore, the anticipated cost of maintenance for landscaping within the development has increased. The assessment rates for this zone need to be increased to cover the cost of the maintenance. AOERNOA MM tt ®. PAGE__L_OF .5- REPORT TO CITY COUNCIL OCTOBER 10, 2006 PAGE 2 Attached is the Engineer's report for the Lake Elsinore Landscape and Street Lighting Maintenance District No. 1 (Addition of Park Landscaping to Serenity — Zone 4) prepared by Harris and Associates. The Zone 4 development contains 9.52 acres of park landscaping. The total annual cost of operations and maintenance for park landscaping lights is estimated at$22,630.00. The estimated cost for the first year includes a reserve of $9,000 and an annual capital replacement cost of $9,000. The total budget for the first year assessment is $40,630. Because the park will service more than the development, the cost to maintain the park was segregated into 2 categories: development benefit and service benefit. All 233 parcels within the development were classified as having the development benefit, since the creation of this funding mechanism satisfies a condition of approval. Half of the maintenance cost is attributed to the development benefit. This equates to $87.19 per unit. The service benefit was established by using a one - quarter mile service radius around the park. The service radius is based on the criteria established by the National Parks and Recreation Society. Only 49% of the units attributable to the service benefit fall within the development. The remaining 51 % are considered the general benefit portion of the assessment district. Therefore, 49% of the remaining half of the maintenance cost (which equals 24.5% of the total budget) is attributed to the service benefit. This equates to $62.84 per unit. Therefore, the maximum assessment for a single- family unit receiving both the development benefit and the service benefit would be $150.03. The remaining costs are the general benefit portion of the district and therefore cannot be assessed to the properties within the district. AGrNDA fTl rill N6. REPORT TO CITY COUNCIL OCTOBER 10, 2006 PAGE The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District and each annexation or zone tracked separately. Any balance or deficit remaining on July I must be carried over to the next fiscal year. The City Council may approve up to a two percent (2 %) fixed rate adjustment annually. The rate adjustment will adjust the Maximum rate but not necessarily the assessment rate. If costs begin to exceed assessment revenue, the City Council may increase the assessment up to the Maximum. FISCAL IMPACT Annually the City will need to contribute to the Zone 4 park budget to cover the general benefit component of the district. The initial Capital Reserve and Capital Replacement amounts of $18,000 will be funded from CFD No. 2005 -1 in order to keep the initial assessments consistent. Should the Capital Reserve be drawn upon in the future, the annual assessment will need to be raised, not to exceed the maximum assessment, to replenish the reserve. This would cause an increase in the general benefit contribution at that time. The City will be, however, positively impacted with the funding for park landscaping maintenance. PROCESS The assessment increase for the Landscape and Street Lighting District No. 1 (Addition of Park Landscaping to Serenity — Zone 4) requires a specific process as outlined in the attached resolution. The City Council will need to hold a public hearing on the assessment increase for Zone 4 and the participating property owners will have the opportunity to vote. The public hearing can be scheduled for November 28, 2006. P REPORT TO CITY COUNCIL OCTOBER 10, 2006 PAGE 4 RECOMMENDATION It is recommended that City Council: I, Approve the Engineer's Report for LLMD No. I (Addition of Park Landscaping to Serenity — Zone 4) 2. Adopt the Resolution 2006 — l declaring the Intention to Increase Assessments for LLMD No. 1 (Addition of Park Landscaping to Serenity — Zone 4) 3. Schedule the public hearing on the assessment increase for November 28, 2006 PREPARED BY: APPROVED FOR AGENDA BY: MATT N. PRESSEYj DIRECTOR OF ADMINISTRATIVE SERVICES EXHIBIT A LAKE ELSINORE LANDSCAPE AND STREET LIGTHTING APN's: MAINTENANCE DISTRICT NO.1 SERENITY — ZONE 4 370120 -060 to 074 370412 -021 370-415406 to 015 370.520-001 to 021 37"21-001 to 020 370 - 522401 to 014 370323-001 to 024 370330401 to 067 370 -031 -001 to 010 370- 54D -00t to 018 370341 -001 to 036 VICINITY MAP MO SCALE LEO= DISTMC7 DOMARY "l AGENDA ITEM NO. _? dnr.� S of 32 X5.!12 v � I� ,. �' .?�. s �� it �b 5 �,si�, °�`i�� Serenity — Zone 4, Park Landscaping, City of Lake Elsinore September 28, 2006 Landscape and Street Lighting Maintenance District No.I Page ENGINEER'S REPORT for the LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 (ADDITION OF PART{ LANDSCAPING TO SERENITY — ZONE 4) The undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that she is a Professional Engineer, registered in the State of California. DATED: September 28, 2006 BY: Joan E. Cox � \ No. 41965 R.C.E. No. 41965 \ + EXP. 3/31/08 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Diagram thereto attached, was filed with me on the _ day of , 2006. City Clerk, City of Lake Elsinore Riverside County, California Lo I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Diagram thereto attached, was approved and confirmed by the City Council of the City of Lake Elsinore, California, on the _ day of , 2006. City Clerk, City of Lake Elsinore Riverside County, California By gAelsinoreYlmdlVormaOoftow dlsrdotlenn" no. 3-parks Urnd engineers repon.doc AUNDA i'eiw Serenity — Zone 4, Park Landscaping, City of Lake Elsinore September 28, 2006 Landscape and Street Lighting Maintenance District No.1 Page ii ENGINEER'S REPORT for the LAKE ELSINORE LANDSCAPE AND S'T'REET LIGHTING MAINTENANCE DISTRICT NO. I (ADDITION OF PARK LANDSCAPING TO SERENITY — ZONE 4) TABLE OF CONTENTS Certificat es.......................................................................... ............................... i Report................................................................................ ............................... I Part A - Plans and Specifications .......................... ............................... 3 Part B - Estimate of Cost ....................................... ............................... 5 Part C - Assessment Roll ...................................... ............................... 6 Part D - Method of Apportionment of Assessment .............................. 7 Part E - Property Owner List ................................. ............................... 9 Part F - Assessment District Boundary ................. ............................... 9 Appendix - Assessment Roll q.Xe1sinoreWmd1Vo ma11oftm disideaamex ,w. 3-parks Ilmd engineees report.doc ,4orm)A fTEM =� PAGE r OF 34Z Serenity — Zone 4, Park Landscaping, City of Lake Elsinore September 28, 2006 Landscape and Street Lighting Maintenance District No.1 Page 1 CITY OF LAKE ELSINORE ENGINEER'S REPORT Prepared Pursuant to the Provisions of the Landscaping and Lighting Act of 1972 (California Streets and Highways Code Section 22500 through 22679), Article XIIID of The California Constitution, and The Proposition 218 Omnibus Implementation Act (California Government Code Section 53750 Et Seq.) Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, Article XI11D of the California Constitution, the Proposition 218 Omnibus Implementation Act and in accordance with the Resolution of Initiation adopted by the Council of the City of Lake Elsinore, State of California, in connection with the proceedings for: CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. I (ADDITION OF PARK LANDSCAPING TO SERENITY -• ZONE 4) hereinafter referred to as the "Assessment District" or "District ", I, Joan E. Cox, P.E., the authorized representative of Harris & Associates, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of six (6) parts as follows: PART A Plans and specifications for the improvements showing and describing the general nature, location and extent of the improvements. PART B An estimate of the cost of the proposed improvements for FY 2006 -07, including incidental costs and expenses in connection therewith. PART C An assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District. gAre1sinoreV1md1VonnelioMnm distrkaannex no. 3- rks Ilmd engineers nmpod.doc AcrnAff£MiVt1. 6'✓ GE--J ,PFD. Serenity — Zone 4, Park Landscaping, City of Lake Elsinore September 28, 2006 Landscape and Street Lighting Maintenance District No. 1 Page 2 PART D The method of apportionment of assessments, indicating the proposed assessment of the total amount of the costs and expenses of the improvements upon the several lots and parcels of land within the Assessment District, in proportion to the estimated benefits to be received by such lots and parcels. PART E A list of the names and addresses of the owners of real property within the Assessment District, as shown on the last equalized roll of the Assessor of the County of Riverside, PART F The Diagram of the Assessment District Boundaries showing the exterior boundaries of the Assessment District, the boundaries of any zones within the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District. q:klsinorelllmd Normalion{nW dist,Mg annm no. 3 -parks Ilmd engineer's report.000 ^.GENOfk MW ( > PAGE /D oil Serenity — Zone 4, Park Landscaping, City of Lake Elsinore September 28, 2006 Landscape and Street Lighting Maintenance District No. 1 Page 3 PART A PLANS AND SPECIFICATIONS The facilities will be operated, serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS, FY 2006 -07 The facilities to be maintained and serviced include landscaping for the specific Maintenance District as described herein. Facilities include but are not limited to: landscaping, planting, shrubbery, trees, turf, irrigation systems, hardscapes, fixtures, and appurtenant facilities, in public rights -of -way, parkways, slopes and dedicated easements within the boundaries of said Maintenance District. 'Lone I (the original District) - Encompasses the Water Ridge Development and funds landscape and street lighting maintenance and operations. Zone 2 (Annexation No. 1) — Encompasses the Elsinore Homes Development and funds landscape and street lighting maintenance and operations. Zone 3 (Annexation No. 2) — Encompasses the Pepper Grove Development and finds landscape and street lighting maintenance and operations. Zone 4 (Annexation No. 3) — Encompasses the Serenity Development and funds landscape and sheet lighting maintenance and operations. Zone 5 (Annexation No. 4) — Encompasses the Rosetta Canyon Development and funds street lighting maintenance and operations. Zone 6 (Annexation No. 5) — Encompasses the La Laguna Phase 3 Development and funds sheet lighting maintenance and operations. Zone 7 (Annexation No. 6) — Encompasses Tract 28214 of the Alberhill Ranch Development and funds street lighting maintenance and operations. Zone 8 (Annexation No. 7) — Encompasses Tract 32670 of the Belcaro Development and funds landscape maintenance and operations. Zone 9 (Annexation No. 8) — Encompasses Tract 32077 of the La Strada Development and funds street lighting maintenance and operations. Zone 10 (Annexation No. 9) — Encompasses Tracts 30698 and 32129 of the Clunnan -owned development and funds street lighting maintenance and operations. Zone 11 (Annexation No. 10) — Encompasses Tract 31920 -1 of the Summerly Development and funds park landscaping and street lighting maintenance and operations. Zone 12 (Annexation No. 11) — Encompasses Tract 31957 of the development owned by Lake Elsinore 80 SFR LLC and funds landscaping and street lighting maintenance and operations. q.lelsinoreVlmdlVormauonlnew disldoDannex no. 3-parks Ilmd engineer's mpod.doo PACE OF �?. Serenity — Zone 4, Park Landscaping, City of Lake Elsinore September 28, 2006 Landscape and Street Lighting Maintenance District No. 1 Page 4 Zone 13 (Annexation No. 12) — Encompasses Tract 33370 of the Tessera Development and funds landscaping and street lighting maintenance and operations. Zone 14 (Annexation No. 13) — Encompasses Tract 31792 of the Wasson Canyon Development and funds street lighting maintenance and operations. Zone 4 (Annexation No. 3) — Chanees to Improvements The requirements of the Serenity - Zone 4 development have increased the amount of landscaping to include 9.52 acres of park landscaping. Due to the increased amount of landscaping, an increase in the annual assessment amount is proposed for FY 2006 -07 in order to keep up with increased costs to operate and maintain the improvements. The additional facilities in 'Lone 4 are specifically described as follows: e Landscaping of neighborhood park, approximately 9.52 acres Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the lighting facilities, or for the lighting or operation of the landscaping or appurtenant facilities. The plans and specifications for the improvements, showing and describing the general nature, location, and the extent of the improvements, are on file in the office of the Director of Public Works and are incorporated herein by reference. q:Wlslnore1ilmd1Vormationlnew dlstrMmnnex no. 3-parks Ornd enginsees repod.doc AGENDA ITEM � PAGELA . OF 3,r-,, Serenity — Zone 4, Park Landscaping, City of Lake Elsinore September 28, 2006 Landscape and Street Lighting Maintenance District No. 1 Page 5 PART B ESTIMATE OF COST The estimated cost of the operation, servicing and maintenance of the landscaping and sweet light improvements for Fiscal Year 2006 -07, as described in Part A, are summarized herein and described below. LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. I ADDITION OF PARK LANDSCAPING TO SERENITY — ZONE 4 Proposed Budget — Fiscal Year 2006 -07 Zone 4, Park Landscaping Fiscal Year 2006 -07 Estimated Costs Park Landscaoin Operations and Maintenance $22,630.00 Capital Reserve $ 9,000.00 Capital Replacement 9$ .000.00 Total Estimated Costs $40,630.00 The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. gAe1s1nm1nmd1Vona10nVw clislecUannex no. 3-parks Ilnld eclpinWs mporl.doc AGLMDA IIENi itllln ' Serenity — Zone 4, Park Landscaping, City of Lake Elsinore September 28, 2006 Landscape and Street Lighting Maintenance District No. 1 Page 6 PART C ASSESSMENT ROLL The total proposed park landscaping assessment for Fiscal Year 2006 -07 and the amount of the total proposed park landscaping assessment apportioned to each lot or parcel within Zone 4 of the District, as shown on the latest assessment roll at the Riverside County Assessor's Office, are contained in the Assessment Roll provided in the Appendix. The description of each lot or parcel is part of the Riverside County assessment roll and this roll is, by reference, made part of this Report. q: blslmm \ilmdlVormationlnmdistrictlannes no. 3-parks Ilmd engineer's reporl.doc ? \CMOA ITEM NO a Serenity — Zone 4, Park Landscaping, City of Lake Elsinore September 28, 2006 Landscape and Street Lighting Maintenance District No. 1 Page 7 PART D METHOD OF APPORTIONMENT OF ASSESSMENT GENERAL Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment district by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals and landscaping. Section 22573 of the Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value. This section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements." (See. 22574). Thus, the 1972 Act requires the levy of a true "assessment" based on the actual benefit rather than a "special tax." In addition, Proposition 218, the "Right to Vote on Taxes Act" which was approved on the November 1996 Statewide ballot and added Article X1IID to die California Constitution, requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article X1111) provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. Article XIIID also requires that publicly owned property which benefit from the improvements be assessed. REASON FOR THE ASSESSMENT An increase in the assessment is proposed to be levied to pay for the additional costs of the construction, servicing and maintenance of park landscaping and appurtenant improvements within the District. The purpose of this report is to be utilized by the City Staff, the City Council, and the County Assessor in the levy and collection of an increased annual assessment after formation of an assessment district under the requirements of the Landscaping and Lighting Act of 1972 (State of California and Highways Code, Section 22620 to 22631). Zone 4 (Annexation No. 3) was completed in accordance with the requirements of the Landscaping and Lighting Act of 1972 on January 25, 2005. The requirements of the Serenity — Zone 4 development have increased the amount of landscaping to include 9.52 acres of park landscaping. Due to the increased amount of landscaping, an increase in the annual assessment amount is proposed for FY 2006 -07 in order to keep up with increased costs to operate and maintain the improvements. Q:lelsimreglmd1lformationl a distrkoa m no. Sparks tlmd engineees mpondoc RG[A;t7A ITEM i+d0. Serenity — Zone 4, Park landscaping, City of Lake Elsinore September 28, 2006 Landscape and Street Lighting Maintenance District No. 1 Page 8 SPECIAL BENEFIT ANALYSIS Parks. The overall quality of life and desirability of an area is enhanced, when public parks and recreational facilities are in place, improved, operable, safe, clean and maintained. Conversely, property desirability decreases when park and recreational facilities are unsafe or destroyed by the elements or vandalism. Property desirability in an area also increases when there is an increase in the number of parks, recreation centers and sports facilities. These park and recreational facilities enable property owners to participate in sporting events, leisure activities, picnics, organized social events and other miscellaneous activities. Studies in a number of communities, including counties and cities throughout the United States, have indicated that recreation areas and facilities, if well maintained and wisely administered, have caused a marked increase in the property values of parcels in the community. Consequently, such recreation and park facilities have proved a potent factor in maintaining a sound economic condition and a high standard of livability in the community. These studies confirm the opinion long held by planning authorities as to the economic value of parks and recreational facilities in a community. "Tire recreation value is realized as a rise in the value of land and other property in or near the recreation area, and is of both private interest to the landowner and others, holding an economic stake in the area, and of public interest to the taxpayers, who have a stake ...." (National Recreation and Park Association, June 1985) "Recreation and park amenities arc central components in establishing the quality of life in a community.... [Businesses'] main resource is their employees for whom quality of life is an important issue... The availability and attractiveness of local parks and programs influences some companies relocation decisions. ... the presence of a park encourages real estate development around it.... " (California Parks & Recreation, Winter 1997) The benefit of parks and other recreational facilities to residential and commercial /industrial properties has been summarized by a number of studies. The United States Department of the Interior, National Park Service, in a publication of June 1984, concluded that: • "Parks and recreation stimulate business and generate tax revenues." • "Parks and recreation help conserve land, energy, and resources." "An investment in parks and recreation helps reduce pollution and noise, makes communities more livable, and increases property values." "Public recreation benefits all employers by providing continuing opportunities to maintain a level of fitness throughout one's working life, and through helping individuals cope with the stress of a fast -paced and demanding life." Proper maintenance and operation of the parks within the City benefits those properties within the service areas of the parks by providing environmental quality and recreational enhancement. Park property and schools, which are considered as parks, do not receive any benefit from park landscaping, and are therefore only assessed for street lighting. q.\elsinmVlmdlVormation\nm distdcllannez no. 3-parks Ilmd engineees repod.doc } ArTM A rM no. PACE _16 ©F 32. Serenity — Zone 4, Park Landscaping, City of Lake Elsinore September 28, 2006 Landscape and Street Lighting Maintenance District No. I Page 9 ASSESSMENT METHODOLOGY Equivalent Dwelling Units To establish the special benefit to the individual parcels within Zone 4 of the District, an Equivalent Dwelling Unit system is used. Each parcel of land is assigned Equivalent Dwelling Units ( "EDU's ") in proportion to the estimated special benefit the parcel receives relative to the other parcels within the District from the streetlights. The single - family detached (SFD) residential parcel has been selected as the basic unit for calculation of assessments; therefore, the SFD residential parcel is defined as one Equivalent Dwelling Unit (EDU). A methodology has been developed to relate all other land uses to the SFD residential land use as described below, Developed Non - Residential (Non -Res). Developed non - residential properties are defined as improved commercial, industrial and institutional properties (such as school property or churches). In converting these properties to EDU's, the size of the parcels are compared to the average size of a single - family residential lot, which is 7,200 square feet. This equals approximately 6 SFR lots per acre of land. Therefore, developed non - residential parcels are assigned EDU's at a rate of 6 EDU's per acre. Vacant. Based upon the opinions of professional appraisers, appraising current market property values for real estate in Southern California, the land value portion of a property typically ranges from 20 to 30 percent of the property's total value. Additionally, the utilization of vacant property is significantly less than improved property and vacant property has a traffic generation rate of 0. Therefore, vacant parcels will be assessed at the rate of 25% of Non -Res properties, or 1.5 EDU per acre or any portion thereof. Tapes of Benefit Within the Serenity development (Zone 4) boundary is a 9.52 -acre neighborhood park. As a condition of development, the developer must provide for the on -going operation and maintenance of the landscaping improvements for said park. Development Benefit All 233 parcels within the development were classified as having a development benefit, since the creation of this funding mechanism satisfies a condition of approval for the development. Service Benefit A neighborhood park, by definition, is a park of typically 5 to 20 acres in size and serving an area from '/. mile up to %: mile distance, which is generally within walking distance of the park. The park within the 'Zone 4 boundary is small in size (less than 10 acres); therefore a service area radius of ''A mile is used for calculating assessments. All parcels within Zone 4 that are in the '''A mile radius will be assessed for service benefit, in addition to the development benefit, due to their proximity to the park. General Benefit Parcels that are within the '/, mile radius but not within the District boundaries are considered to receive general, rather than special, benefit and are therefore not assessed. g9e1s1,or&[mdffiormation1nm distrktlannez no. 3-parks Amd engineoes repon.doo l PAGE /7 p- Serenity — Zone 4, Park Landscaping, City of Lake Elsinore September 28, 2006 Landscape and Street Lighting Maintenance District No. 1 Page 10 Apportionment Fifty percent (50 %) of the estimated costs will be apportioned to those parcels receiving the development benefit. The remaining 50% of the estimated costs is to be apportioned on an EDU basis to those parcels within the '/4 service mile radius. There are a total of 398.275 EDU's within the '/4 service mile radius. Of these EDU's, 165.275 EDU's, or 25.5 %, are located outside the District boundaries and cannot be assessed. Therefore, the District is contributing 25.5% of the budget, as this is considered to represent the general benefit component of neighborhood parks. The remaining 24.5% of the budget will be apportioned those parcels that are within the service benefit area. The following table shows the estimated cost apportionment for Zone 4 based on benefit type and number of EDU's. Benefit Type No. of Pcls EDU's Asmt Development Benefit 233 233.000 $20, 315.27 1 Service Benefit 158 158.000 $30,243.99 $9,928.72 J General Benefit 54 165.275 $10,385.88 $40,629.87 The table below provides the assessment apportionment for Zone 4. SFR Max. Maint. Asmt Actual Asmt Total Max. Asmt BenefitTypes Lots per Lot FY 2006-07)* per Lot FY 2006.07 For District Development 233.00 $87.19 $0.00 $20,315.27 Service 158.00 $62.84 $0.00 $9,928.72 Total Max. Asmt: $30,243.99 * The maximum annual maintenance assessments shall be increased each year by 2 %. The actual assessments levied in any fiscal year will be as approved by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. Q:%eIsImeVImdIVormaeonlnew 01strLManmx iw. 3�arks ilmd engjm es mpod.doc AGENDA fFt:ilq no, 'f� PACE 18* �OF_3A Serenity — Zone 4, Park Landscaping, City of Lake Elsinore September 28, 2006 Landscape and Street Lighting Maintenance District No. 1 Page 11 PART E PROPERTY OWNER LIST A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Riverside, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll, Part C of this Report. PART F ASSESSMENT DISTRICT BOUNDARIES Diagrams showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District are provided on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Riverside for Fiscal Year 2006 -07. The Assessor's maps and records are incorporated by reference herein and made part of this report, glelsinorefllmdt \formefionlnew distdWannex no. 3 -parks Ilmd engineees repoa.doc -�NDA ITEM No PAGE / 32 AP": sM*120-0WQVI 3M-5124 1 si0ala U.610 o16 siP6ML0110 011 2M-621 -501 to on YMd12 -5Ol 1e 014 270-512-001 ro068 270480-001 w 081 170-581 w 01 -5O1 8 Mulaol rowfi MORITY MV NO Wo LEG n m7wT B D*y The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2006 -07. Landscape and Street Lighting Maintenance District No. 1 Serenity — Zone 4 Assessment Diagram Page 1 of 1 FACE 4b of -�.2 APPENDIX ASSESSMENT ROLL IrTNOA . CITY OF LAKE ELSINORE LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1 Zone 4 - Park Maintenance Assessment PRELIMINARY ASSESSMENT ROLL Assessors Parcel Number L andusc FISCAL YEAR 2006 -07 Acreage DLI's P,DU!a Maxiinum Assessment Amount 370 - 120.066 EXE 5.94 0.000 $0.00 370 -120 -067 EXE 0.02 0.000 $0.00 370 -120 -068 EXE 2.20 0.000 $0.00 370 -120 -069 EXE 1.10 0.000 $0.00 370 - 120 -070 EXE 1.10 0.000 $0,00 370 - 120 -071 EXE 7.32 0.000 $0.00 370.120 -072 EXE 0.86 0.000 $0.00 370 -120 -073 EXE 0.97 0.000 $0.00 370 -120 -074 EXE 0.88 0.000 $0.00 370 - 412 -021 SFR 0.00 1 1.000 $87.19 370 - 415 -006 SFR 0.00 1 1.000 587.19 370 -415 -007 SFR 0.00 1 1.000 $87.19 370 -415 -008 SFR 0.00 1 1.000 $87.19 370- 415 -009 SPR 0.00 1 1.000 $87.19 370 - 415 -010 SFR 0.00 1 1.000 $87.19 370 - 415 -011 SFR 0.00 1 1.000 $87.19 370 -415 -012 SFR 0.00 1 1.000 587.19 370 - 415 -013 SFR 0.00 1 1.000 $87.19 370 - 415 -014 SFR 0.00 1 1.000 $87,19 370 - 415 -015 SFR 0.00 1 1.000 $87.19 370 - 520 -001 SFR 0.15 1 1.000 $150.03 370 -520 -002 SFR 0.15 1 1.000 $150.03 370 -520 -003 SFR 0.15 1 1.000 $150.03 370 -520 -004 SFR 0.15 1 1.000 $150.03 370 -520 -005 SFR 0.14 1 1.000 $150.03 370 -520 -006 SFR 0.15 1 1.000 5150.033 370 -520 -007 SFR 0.14 1 1.000 5150..6 370 -520 -008 SFR 0.16 1 1.000 $150.03 370 -520 -009 SFR 0.17 1 1.000 $150.03 370 -520 -010 SFR 0.20 1 1.000 5150.03 370 - 520 -011 SFR 0.21 1 1.000 $150.03 370 -520 -012 SFR 0.21 1 1.000 $150.03 370 - 520 -013 SFR 0.21 1 1.000 $150.03 370 - 520 -014 SFR 0.21 1 1.000 $150.03 370 -520 -015 SFR 0.24 1 1.000 5150.03 370 - 520 -016 SFR 0.23 1 1.000 5150.03 370 -520 -017 SFR 0.26 1 1.000 5150.03 370 - 520 -018 SFR 0.18 1 1.000 $150.03 370 - 520 -019 SFR 0.15 1 1.000 $150.03 370 -520 -020 SFR 0.13 1 1.000 $150.03 370 - 520 -021 SFR 0.13 1 1.000 $150.03 370 -521 -001 SFR 0.17 1 1.000 $150.03 370 -521 -002 SFR 0.20 1 1.000 $150.03 370 -521 -003 SFR 0.14 1 1.000 5150.03 09/28/06 /N,017NDlA Page I CITY OF LAKE, ELSINORE LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. I Zone 4 - Park Maintenance Assessment PRELIMINARY ASSESSMENT ROLL Assessors FISCAL YEAR 2006 -07 Maximum Parcel Number Landuse Acreage DU's EDU's Assessment Amount 370 -521 -004 SFR 0.18 1 1.000 $150.03 370 -521 -005 SFR 0.15 1 1.000 5150.03 370 -521 -006 SFR 0.16 1 1.000 $150.03 370 -521 -007 SFR 0.21 1 1.000 $150.03 370.521 -008 SFR 0.21 I 1.000 $150.03 370 -521 -009 SFR 0.18 1 1.000 $150.03 370 - 521 -010 SFR 0.14 1 1.000 $150.03 370 - 521 -011 SFR 0.14 1 1.000 $150.03 370 -521 -012 SFR 0.14 1 1.000 $150.03 370 - 521 -013 SFR 0.14 1 1.000 $150.03 370 - 521.014 SFR 0.14 1 1.000 $150.03 370 -521 -015 SFR 0.14 1 1.000 $150.03 370 -521 -016 SFR 0.14 1 1.000 $150.03 370 - 521 -017 SFR 0.15 1 1.000 $150.03 370 - 521 -018 SFR 0.14 1 1.000 $150.03 370 - 521.019 SFR 0.14 1 1.000 $150.03 370 -521 -020 SFR 0.14 1 1.000 $150.03 370 -521 -021 SFR 0.14 1 1.000 $150.03 370 -521 -022 SFR 0.14 1 1.000 $150.03 370 -521 -023 SFR 0.15 1 1.000 $150.03 370 -521 -024 SFR 0.15 1 1.000 $150.03 370 -521 -025 SFR 0.15 1 1.000 $150.03 370 -521 -026 SFR 0.15 1 1.000 $150.03 370 -521 -027 SFR 0.15 1 1.000 $150.03 370 -521 -028 SFR 0.15 1 1.000 $150.03 370 -521 -029 EXE 1.57 0.000 $0.00 370 -522 -001 SFR 0.17 1 1.000 $150.03 370 -522 -002 SFR 0.15 l 1.000 $150A3 370 -522 -003 SFR 0.15 1 1.000 $150.03 370 -522 -004 SFR 0.14 1 1.000 $150.03 370 -522 -005 SFR 0.14 1 1.000 $150.03 370- 522 -006 SFR 0.16 1 1.000 $150.03 370 -522 -007 SFR 0.16 1 1.000 $150.03 370.522 -008 SFR 0.15 1 1.000 $150.03 370.522 -009 SFR 0.19 1 1.000 $150.03 370 -522 -010 SFR 0.15 1 1.000 $150.03 370 - 522.011 SFR 0.15 1 1.000 $150.03 370 - 522 -012 SFR 0.15 1 1.000 $150.03 370 - 522 -013 SFR 0.15 1 1.000 $150.03 370 -522 -014 SFR 0.16 1 1.000 $150.03 370 -523 -001 SFR 0.16 1 1.000 $150.03 370 -523 -002 SFR 0.15 1 1.000 $150.03 370 -523 -003 SFR 0.14 1 1.000 $150.03 370 - 523.004 SFR 0.15 1 1.000 5150.03 09/28/06 AGENDA FFEM No. .-�P ago 2 mo for 3 CITY OF LAKE ELSINORE LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1 Zone 4 - Park Maintenance Assessment PRELIMINARY ASSESSMENT ROLL Assessor's FISCAL YEAR 2006 -07 Maximum Parcel Number Landuso Acreaeo DU's ED1Po Assessment Amount _ 370 -523 -005 SFR 0.15 1 1.000 5150.03 370 -523 -006 SFR 0.14 1 1.000 $150.03 370 -523 -007 SFR 0.15 1 1.000 $150.03 370 -523 -008 SFR 0.14 1 1.000 S150.03 370 -523 -009 SFR 0.16 1 1.000 $150.03 370 - 523 -010 SFR 0.16 1 1.000 $150.03 370 - 523 -011 SFR 0.17 1 1.000 $150.03 370 - 523 -012 SFR 0.16 1 1.000 $150.03 370 -523 -013 SFR 0.17 1 1.000 $150.03 370 -523 -014 SFR 0.21 1 1.000 $150.03 370 - 523 -015 SFR 0.15 1 1.000 $150.03 370 - 523 -016 SFR 0.15 1 1.000 $150.03 370 - 523 -017 SFR 0.15 1 1.000 $150.03 370 - 523 -018 SFR 0.15 1 1.000 $ 150.03 370 -523 -019 SFR 0.15 1 1.000 $150.03 370 -523 -020 SFR 0.15 1 1.000 $150.03 370 - 523 -021 SFR 0.15 1 1.000 $150.03 370 -523 -022 SFR 0.15 1 1.000 $150.03 370 -523 -023 SFR 0.14 1 1.000 $150.03 370.523 -024 SFR 0.17 1 1.000 $150.03 370 - 530 -001 SFR 0.19 1 1.000 $150.03 370 -530 -002 SFR 0.18 1 1.000 $150.03 370 -530 -003 SFR 0.18 1 1.000 $150.03 370 -530 -004 SFR 0.18 1 1.000 $150.03 370 -530 -005 SFR 0.18 1 1.000 $150.03 370 -530 -006 SFR 0.18 1 1.000 S150.03 370 -530 -007 SFR 0.18 1 1.000 S150.03 370 - 530 -008 SFR 0.16 1 1.000 S150.03 370 -530 -009 SFR 0.15 1 1.000 $150.03 370 -530 -010 SFR 0.15 1 1.000 5150.03 370 - 530 -011 SFR 0.15 1 1.000 $150.03 370 -530 -012 SFR 0.14 1 1.000 S150.03 370 -530 -013 SFR 0.16 1 1.000 5150.03 370 - 530 -014 SFR 0.16 1 1.000 $150.03 370-530 -015 SFR 0.15 1 1.000 $150.03 370 -530 -016 SFR 0.14 1 1.000 $150.03 370 - 530 -017 SFR 0.16 1 1.000 $150.03 370 - 530.018 SFR 0.21 1 1.000 $150.03 370 - 530 -019 SFR 0.14 1 1.000 $150.03 370 -530 -020 SFR 0.14 1 1.000 $150.03 370. 530 -021 SFR 0.14 1 1.000 $150.03 370 -530 -022 SFR 0.14 1 1.000 $150.03 370 -530 -023 SFR 0.14 1 1.000 $150.03 370 -530 -024 SFR 0.14 1 1.000 $150.03 09128/06 AC MA MM o� •' 1 .� Page 3 PAG -)4 OF 3. .� CITY OF LAKE ELSINORE LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. I Zone 4 - Park Maintenance Assessment PRELIMINARY ASSESSMENT ROLL Assessor's FISCAL, YEAR 2006 -07 Maximum Parcel Number Acregag DIPS Assessment EDU'a Amount 370 -530 -025 -Landuse SFR 0.14 1 1.000 $150.03 370 -530 -026 SFR 0.14 1 1.000 $150.03 370 -530 -027 SFR 0.15 1 1.000 $150.03 370 -530 -028 SFR 0.24 1 1.000 $150.03 370 -530 -029 SFR 0.25 1 1.000 $150.03 370 -530 -030 SFR 0.15 1 1.000 $150.03 370 - 530 -031 SFR 0.14 1 1.000 $150.03 370 - 530 -032 SFR 0.14 1 1.000 $150.03 370 -530 -033 SFR 0.14 1 1.000 $150.03 370 -530 -034 SFR 0.14 1 1.000 $150.03 370 -530 -035 SFR 0.15 l 1.000 $150.03 370 -530 -036 SFR 0.25 1 1.000 $150.03 370.530 -037 SFR 0.24 1 1.000 $150.03 370 -530 -038 SFR 0.14 1 1.000 $150.03 370.530 -039 SFR 0.14 1 1.000 $150.03 370 -530 -040 SFR 0.15 1 1.000 $150.03 370 - 530 -041 SFR 0.17 1 1.000 $150.03 370 -530 -042 SFR 0.17 1 1.000 $150.03 370 -530 -043 SFR 0.16 1 1.000 $150.03 370 -530 -044 SFR 0.16 1 1.000 $150.03 370 -530 -045 SFR 0.14 1 1.000 $150.03 370 -530 -046 SFR 0.14 1 1.000 $150.03 370 -530 -047 SFR 0.14 1 1.000 $150.03 370 -530 -048 SFR 0.21 1 1.000 $150.03 370 -530 -049 SFR 0.20 1 1.000 $150.03 370 -530 -050 SFR 0.21 1 1.000 $150.03 370. 530 -051 SFR 0.20 1 1.000 $150.03 370 -530 -052 SFR 0.14 1 1.000 $150.03 370 -530 -053 SFR 0.14 1 1.000 $150.03 370 -530 -054 SFR 0.16 1 1.000 $150.03 370 -530 -055 SFR 0.19 1 1.000 $150.03 370 -530 -056 SFR - 0.18 1 1.000 $87.19 370 -530 -057 SFR 0.14 1 1.000 $87.19 370 -530 -058 SFR 0.14 t 1.000 $87.19 370 - 530 -059 SFR 0.14 1 1.000 $87.19 370 -530 -060 SFR 0.20 1 1.000 $87.19 370 - 530 -061 SFR 0.20 1 1.000 $87.19 370 -530 -062 SFR 0.20 1 1.000 $87.19 370 -530 -063 SFR 0.21 1 1.000 $87.19 370 -530 -064 SFR 0.14 1 1.000 $87.19 370 -530 -065 SFR 0.14 1 1.000 $87.19 370 - 530 -066 SFR 0.17 1 1.000 $87.19 370.530 -067 SFR 0.18 1 1.000 $87.19 370 - 531 -001 SFR 0.15 1 1.000 $150.03 09/28/06 tG1 I DA, ITEM I'IO, Page 4 GET OF 5.-,z CITY OF LAKE ELSINORE LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1 Zone 4 - Park Maintenance Assessment PRELIMINARY ASSESSMENT ROLL Assessor's FISCAL YEAR 2006 -07 Maximum Parcel Number Landuse Acreage DII's EDVs Assessment Amount 370 -531 -002 SFR 0.14 1 1.000 $150.03 370 - 531.003 SFR 0.15 1 1.000 $150.03 370 -531 -004 SFR 0.15 l 1.000 $150.03 370 -531 -005 SFR 0.15 1 1.000 $150.03 370 -531 -006 SFR 0.17 1 1.000 $150M 370 -531 -007 SFR 0.17 1 1.000 $150.03 370 -531 -008 SFR 0.17 1 1.000 $150.03 370 -531 -009 SFR 0.15 1 1.000 $150.03 370 - 531 -010 SFR 0.14 1 1.000 $150.03 370 - 531 -011 SFR 0.14 1 1.000 $150.03 370 - 531 -012 SFR 0.15 1 1.000 $150.03 370 -531 -013 SFR 0.14 1 1.000 $150.03 370 - 531 -014 SFR 0.14 1 1.000 $150.03 370 - 531 -015 SFR 0.14 1 1.000 $150.03 370 -531 -016 SFR 0.16 1 1.000 $150.03 370 - 540.001 SFR 0.16 1 1.000 $87.19 370 -540 -002 SFR 0.14 1 1.000 $87.19 370 -540 -003 SFR 0.14 1 1.000 $87.19 370 -540 -004 SFR 0.14 1 1.000 $87.19 370 -540 -005 SFR 0.20 1 1.000 $87.19 370 - 540.006 SFR 0.20 1 1.000 $87.19 370 -540 -007 SFR 0.20 1 1.000 $87.19 370 -540 -008 SFR 0.20 1 1.000 $87.19 370 -540 -009 SFR 0.14 1 1.000 $87.19 370 - 540 -010 SFR 0.14 1 1.000 587.19 370- 540 -011 SFR 0.14 1 1.000 587.19 370 - 540 -012 SFR 0.17 1 1.000 $87.19 370 - 540 -013 SFR 0.19 1 1.000 $87.19 370- 540 -014 SFR 0.14 1 1.000 587.19 370 - 540 -015 SFR 0.14 1 1.000 587.19 370 - 540 -016 SFR 0.14 1 1.000 $87.19 370 -540 -017 SFR 0.14 1 1.000 $87.19 370 - 540 -018 SFR 0.17 1 1.000 $87.19 370 -541 -001 SFR 0.18 1 1.000 $87.19 370 -541 -002 SFR 0.15 1 1.000 $87.19 370 -541 -003 SFR 0.14 1 1.000 $87.19 370 -541 -004 SFR 0.14 1 1.000 $87.19 370 -541 -005 SFR 0.14 1 1.000 $87.19 370 -541 -006 SFR 0.15 1 1.000 $87.19 370 - 541.007 SFR 0.16 1 1.000 $87.19 370 -541 -008 SFR 0.14 1 1.000 $87.19 370 -541 -009 SFR 0.14 1 1.000 $87.19 370 -541 -010 SFR 0.14 1 1.000 $87.19 370 - 541 -011 SFR 0.14 1 1.000 $87.19 09/28/06 ,'1rjF \ DA ITEM W. ���� Page 5 RESOLUTION NO. 2006 -I (o -) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1 - ADDITION OF PARK LANDSCAPING TO SERENITY — ZONE 4, DECLARING THE CITY'S INTENTION TO INCREASE ASSESSMENTS AND TO LEVY AND COLLECT ASSESSMENTS, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO WHEREAS, the City Council of the City of Lake Elsinore, pursuant to the provisions of the Landscaping and Lighting Act of 1972 being Division 15 of the Streets and Highways Code of the State of California (the "Act "), desires to initiate proceedings for the increase in assessments for Landscape and Street Lighting District No. 1 — Zone 4 (the "District "), and declares the City's intention to order the levy and collection of annual assessment within Zone 4 for Fiscal Year 2006/2007 for the purposes provided therefore in the Act; and WHEREAS, that legal description of the property located in the City of Lake Elsinore, County of Riverside, State of California, is more particularly described as follows: Legal Description: Tracts 19344 -3 and 30846, in the City of Lake Elsinore, County of Riverside, State of California, currently known as Assessor Parcel No.'s 370 -120- 066 to 074, 370 - 412 -021, 370 - 415 -006 to 015, 370 -520 -001 to 021, 370 -521 -001 to 029, 370 -522 -001 to 014, 370 -523 -001 to 024, 370 -530 -001 to 067, 370 -531- 001 to 019, 370 -540 -001 to 018, 370 -541 -001 to 036; and WHEREAS, the improvements to be installed, constructed, or maintained within Zone 4 may include installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, park landscaping improvements and any facilities which are appurtenant to any of the AGENDA ITE'IVI w6l . > PAGE„ ?S OF 3� CITY COUNCIL RESOLUTION NO, 2006- Page 2 of 4 — aforementioned or which are necessary or convenient for the maintenance or servicing thereof; and WHEREAS, Section 22608 of the Act limits the requirement for the resolutions, Engineer's Report, notices of hearing, and right of majority protest under the Act to the territory included within Zone 4; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require that a notice of the proposed assessment along with a ballot shall be mailed to all owners of identified parcels within Zone 4 and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, Zone 4 consists of the development known as Assessor Parcel No.'s 370 -120 -066 to 074, 370 - 412 -021, 370 -415 -006 to 015, 370 -520 -001 to 021, 370 -521 -001 to 029, 370 -522 -001 to 014, 370 - 523 -001 to 024, 370 -530 -001 to 067, 370 - 531 -001 to 019, 370 - 540 -001 to 018, 370 -541 -001 to 036; and WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is designated Landscape and Street Lighting Maintenance District No. 1 – Zone 4 and an assessment showing the property which is benefited by the construction of the park landscaping improvements and the amount to be assessed against each of the parcels within Zone 4; and WHEREAS, the City has ordered the preparation of an Engineer's Report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and highways Code giving a description of the assessment increase; and WHEREAS, the Engineer's Report, diagram, and assessments have been approved and filed with the City Clerk and are open to public inspection and may be referred to for all details regarding the improvements, the boundary of Zone 4, the assessments, total costs, and description of the parcels to be assessed; and WHEREAS, this City Council has examined and considered the Engineer's Report, diagram, assessments, and the proceedings prior thereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the above recitals are true and correct. A05NDA ITEM Ii4.__ 1 PAGE a q WF -32 CITY COUNCIL RESOLUTION NO. 2006-_ Page 3 of 4 SECTION 2. The City Council hereby finds (1) that the public interest, convenience, and necessity require the maintenance of park landscaping; and (2) declares its intention to order the increase of assessments and to levy and collect assessments against the assessable lots and /or parcels of land within Zone 4 for that portion of the fiscal year commencing July 1, 2006 and ending June 30, 2007, to pay the costs and expenses of the maintenance of improvements described below. If the assessments proposed by this resolution are approved by the property owners pursuant to a mailed ballot election conducted in accordance with Article XIII D of the California Constitution, the City Council in subsequent fiscal years may thereafter impose the assessment at any rate or amount that is less than or equal to the amount authorized for Fiscal Year 2006/2007, without conducting another mailed ballot election. SECTION 3. That the City Council hereby proposes to increase assessments within Zone 4 of Landscape and Street Lighting District No. I located at Tracts 19344 -3 and 30846, also known as Assessor Parcel No.'s 370 - 120 -066 to 074, 370 - 412 -021, 370 - 415 -006 to 015, 370 - 520 -001 to 021, 370 -521 -001 to 029, 370 -522 -001 to 014, 370 - 523 -001 to 024, 370 -530 -001 to 067, 370 -531 -001 to 019, 370 - 540 -001 to 018, 370 -541 -001 to 036, and to levy annual assessments thereon to provide for the following work: Installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, park landscaping improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. SECTION 4. A Diagram for the District (Section 22570 of the Streets and Highways Code) and an assessment (Section 22572 of the Streets and Highways Code) showing the area benefited and assessed for the improvements has been prepared as Exhibit "A." The diagram, assessment, and improvement plans have been filed with the City Cleric. SECTION 5. That the City Council is satisfied with the correctness of the diagram and assessment, including the proceedings and all matters relating thereto. SECTION 6. That notice is hereby given that on the 28`" day of November, 2006, at the hour of 7:00 p.m., or as soon thereafter as possible, in the City Council Chambers, in the City of Lake Elsinore, the City will hold a public hearing to receive and tabulate all ballots with reference to the Annexed Area pursuant to the Right to Vote On Taxes Act. AGENDA ITEM NO.; PA0E -30 OPT CITY COUNCIL RESOLUTION NO. 2006- Page 4 of 4 _ SECTION 7. The City Clerk shall certify to the adoption of this Resolution. SECTION 8. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 10`h day of October, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore j,r, PAGE Rte_ EXHIBIT A LAKE ELSINORE LANDSCAPE AND STREET LIGTHTING APN'9i MAINTENANCE DISTRICT NO. SERENITY - ZONE 4 370 - 120-088 to 074 370412 -021 370-4 10 -0OB to 016 370320-007 to 021 370321 -001 to 029 370322 -001 to 014 370323 -001 to 024 370430 -001 to 007 370331 -001 t0019 370340-001 to 018 370341 -001 to 038 VICINITY MAP NO SCALE I FGENQ DiSY1001 8"DA9Y Mt r „ca irFna NO. PACE 3A. OF 3� CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: OCTOBER 10, 2006 SUBJECT: APPROVE A DEPOSIT AND REIMBURSEMENT AGREEMENT, RESOLUTION OF INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2006 -8 (RUNNING DEER ESTATES) AND RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS BACKGROUND Lake Elsinore 80 SFR (the "Developer ") submitted an application (including a finance plan) for the establishment of a Community Facilities District for their development Tract 31957, "Running Deer Estates ", located near Wheatstone Drive and Running Deer Road. DISCUSSION The Developer plans to develop 100 single family residential units (the "Protect "). Deposit and Reimbursement Agreement According to the City's policy on forming CFD's and according to the Mello -Roos Community Facilities Act of 1982, the City Council may approve an agreement to receive a deposit for the cost incurred by the City in creating the CFD and issuing special tax bonds. The developer has submitted a deposit of $65,000 per the agreement. Special Tax The average residential special tax is estimated at $4,063. The annual CFD Special Taxes, when combined with all other property taxes applicable to the Project, have been established so as not to exceed 2.0% of the anticipated residential home prices within the project, which is within the 2% City CFD guidelines. The 2% maximum tax rate includes estimates for the City development impact fees ( "City Fees "), EVMWD sewer and water capacity fees ( "BVMWD Fees "), LEUSD impact fees AGENDA ITEM NO., � ,I _____._ PAGE, / / =®F,=;�2_ REPORT TO CITY COUNCIL OCTOBER 10, 2006 PAGE and, if sufficient bonding capacity is available, City improvements (collectively, "City Facilities ") and EVMWD improvements (collectively, " EVMWD Facilities "). The Mello -Roos Community Facilities Act of 1982 ( "the Mello -Roos Act ") was specifically drafted to assist agencies with the impacts of new developments. In addition to providing a mechanism to fund the construction of public infrastructure, the Mello -Roos Act allows an agency to fund the incremental increase in cost of services due to the new development, Bond Issue In order to finance the facilities it is necessary to incur bonded indebtedness. The not to exceed amount is $7,000,000. The bond issue is expected to be approximately $5.7 million. Parks, Open Space and Storm Drains Operation and Maintenance Built into the rate and method of apportionment (RMA) is a special tax to cover a portion of the increased cost of maintaining parks, open space and storm drains as a result of the new development. In addition to providing a mechanism to fund the construction of public infrastructure, the Mello -Roos Act allows an agency to fund the incremental increase in cost of services due to the new development. These services include police, fire (including paramedic), maintenance of parks, open space and storm drains. A park, open space and storm drain maintenance component of the RMA is proposed and is being recommended for all new facilities CFD's as a part of the RMA. As presented on page 13 of the RMA, residential property will be assessed $251.78 per single family unit and $125.89 per multifamily unit for FY 2007 -08. FISCAL IMPACT Annual administrative expenses may be funded through bond fund earnings and the special annual tax levy. AoENDA PTSM Nty� PAGE OF REPORT TO CITY COUNCIL OCTOBER 10, 2006 PAGE 3 Repayment of the bonds is secured by the special taxes levied on all property within the district, other than those properties that are exempt as provided in the respective rate and method of apportionment. The following is recommended to the City Council: 1. Approve a Deposit and Reimbursement Agreement 2. Adopt Resolution of Intention No. 2006 — G, >` to establish Community Facilities District No. 2006 -8 (Running Deer Estates) and calling a Public Hearing for November 28, 2006 3. Adopt Resolution of Intention No. 2006- j t; 7_ to incur bonded indebtedness with proposed CFD No. 2006 -8 (Running Deer Estates) PREPARED BY: Gf�/�< <��c APPROVED FOR AGENDA BY: MATT N. PRESSEY DIRECTOR OF AD NISTRATIVE SERVICES MANAGER' AGENDA ITEM NO.-q� 9B� 37 PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No. 2006 -8 OF THE CITY OF LAKE ELSINORE (RUNNING DEER ESTATES) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 1A r. DATA ® ciC fnv tees. 0 MnO'41N W.W CURW,,DATA M�ee1.9c' GeTEp'19' I.eM.ea' i- lee.u• ®P G�N'ee•el' 4MeN 15, .1c' i -Ne.N' © MNCtnYT t JrN' SCALE: 1'+ YW MM" MAP N6 YAV! IFG eM Ba,AARY q wMra aPC oD`awY.a tluw MA nM_6Ar LiT arc. ,Mxorz 'M y fWNY IH.r W MI6. MM enp W MW 04➢ BaMpMMe a IWMM'Irr rAa1 = a91MLr MP 4A'M -e QUMMC ouM r3rArzsi arc CI LME M9MNC. caYT' a' w4FAN[ enrz !f CNfpWA vAs ,srRMfn er m[ arc mMm or M ary 6 WM MSwP¢' AT A xralAT.v W6pMID Nf(1M0 MIAtLi; IeM w na _ oAr a- wN. ev 1n unnunw x> Mm >xa _ Wr a � woe. Ar M¢ naLM a aaaaLS. w 6avl_ rr uA6s w mcA55La�wla°1'ai°1°nrt auMn1'a rr�u w°�owx°rc a a"wrznp. cwrwe1pwM°'r Ma_� caxlr � e_ wAMM(£ W MW(Mtf CO D As93aw. Y MIPs r n osrARF6 CtlgPnal a PAVtII uNET .Wp pN¢9aR T�T'1H�Vy/L�GB6LS7e�'`��Jf//'' DEPOSIT AND REIMBURSEMENT AGREEMENT THIS DEPOSIT AND REIMBURSEMENT AGREEMENT (this "Deposit Agreement "), dated as of _, 200_ for identification purposes only, is by and between the City of Lake Elsinore, California (the "City") and Lake Elsinore 80 SFR, LLC a California limited liability company (the "Owner "). RECITALS WHEREAS, the City has determined to initiate proceedings to create a community facilities district designated "City of Lake Elsinore Community Facilities District No. 2006 -8 (the "Community Facilities District ") under the Mello -Roos Community Facilities Act of 1982 (the "Act "); WHEREAS, Owner is the owner of the real property within the proposed Community Facilities District; WHEREAS, in accordance with City's policy regarding use of the Act, the Owner is required to compensate the City for all costs incurred in the formation of the Community Facilities District and issuance of bonds for the Community Facilities District; WHEREAS, Section 53314.9 of the Act provides that, at any time either before or after the formation of a community facilities district, the legislative body may accept advances of funds from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds for any authorized put-pose, including, but not limited to, paying any cost incurred by the local agency in creating a community facilities district (including the issuance of bonds thereby); WHEREAS, Section 53314.9 of the Act further provides that the legislative body may enter into an agreement, by resolution, with the person or entity advancing the funds, to repay all or a portion of the funds advanced, as determined by the legislative body, with or without interest under all of the following conditions: (a) the proposal to repay the funds is included in both the resolution of intention to establish a community facilities district adopted pursuant to Section 53521 of the Act and in the resolution of formation to establish the community facilities district pursuant to Section 53325.1 of the Act ('including the issuance of bonds thereby), (b) any proposed special tax is approved by the qualified electors of the community facilities district pursuant to the Act, and (c) any agreement shall specify that if the qualified electors of the community facilities district do not approve the proposed special tax, the local agency shall return any funds which have not been committed for any authorized purpose by the time of the election to the person or entity advancing the funds; and WIiEREAS, the City and the Owner desire to enter into this Deposit Agreement in accordance with Section 53314.9 of the Act in order to provide for the advancement of funds by the Owner to be used to pay costs incurred in connection with the formation of the Community Facilities District and issuance of special tax bonds for the Community Facilities 45353081.3 A0FNDA ITEM NO,__ j' T PatCe OF District (the "Bonds "), and to provide for the reimbursement to the Owner of such funds advanced, without interest, from the proceeds of any Bonds; NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: Section 1. The Deposits and Application Thereof. (a) The Owner has previously deposited with the City the amount of $65,000 (the "Initial Deposit "). The City, by its execution hereof, acknowledges receipt of, and accepts, the Initial Deposit. (b) The Initial Deposit, together with any subsequent deposit required to be made by the Owner pursuant to the terms hereof (collectively, the "Deposits "), are to be used to pay for any costs incurred for any authorized purpose in connection with the formation of the Community Facilities District and the issuance of the Bonds (other than costs, fees and expenses to be paid out of the proceeds of the Bonds), including, without limitation, (i) the fees and expenses of any consultants to the City employed in connection with the formation of the Community Facilities District and the issuance of the Bonds, including an engineer, special tax consultant, financial advisor, bond counsel and any other consultant deemed necessary or advisable by the City, (ii) the costs of appraisals, market absorption and feasibility studies and other reports deemed necessary or advisable by the City in connection with the formation of the Community Facilities District and issuance of the Bonds, (iii) the costs of publication of notices, preparation and mailing of ballots and other costs related to any hearing, election or other action or proceeding undertaken in connection with the formation of the Community Facilities District and issuance of the Bonds, (iv) reasonable charges for City staff time incurred in connection with the formation of the Community Facilities District and the issuance of the Bonds by the Community Facilities District, including a reasonable allocation of City overhead expense related thereto, and (v) any and all other actual costs and expenses incurred by the City in connection with the formation of the Community Facilities District and the issuance of the Bonds (collectively, the "Initial Costs "). The City may draw upon the Deposits from time to time to pay the Initial Costs. (c) If, at any time, the unexpended and unencumbered balance of the Deposits is less than $10,000, the City may request, in writing, that the Owner make an additional deposit in an amount estimated to be sufficient, together with any such unexpended and unencumbered balance, to pay for all Initial Costs. The Owner shall make such additional deposit with the City within two weeks of the receipt by the Owner of the City's written request therefor. If the Owner fails to make any such additional deposit within such two week period, the City may cease all work related to the issuance of the Bonds. (d) The Deposits may be commingled with other funds of the City for purposes of investment and safekeeping, but the City shall at all times maintain records as to the expenditure of the Deposits. (e) The City shall provide the Owner with a written monthly summary of expenditures made from the Deposits, and the unexpended balance thereof, within ten business AGENDA ITEM PAGE days of receipt of the City of a written request therefor submitted by the Owner. The cost of providing any such summary shall be charged to the Deposits. Section 2. Return of Deposits; Reimbursement. (a) As provided in Section 53314.9 of the Act, the approval by the qualified electors of the Community Facilities District of the proposed special tax to be levied therein is a condition to the repayment to the Owner of the funds advanced by the Owner pursuant hereto. Therefore, if the qualified electors of the Community Facilities District do not approve the proposed special tax to be levied thereon, the City shall have no obligation to repay the Owner any portion of the Deposits expended or encumbered to pay Initial Costs. In accordance with Section 53314,9 of the Act, if the qualified electors of the Community Facilities District do not approve the proposed special tax to be levied therein, the City shall return to the Owner any portion of the Deposits which have not been expended or encumbered to pay Initial Costs by the time of the election on said proposed special tax. (b) If proceedings for the issuance of the Bonds are terminated, the City shall, within ten business days after official action by the City or the Community Facilities District to terminate said proceedings, return the then unexpended and unencumbered portion of the Deposits to the Owner, without interest. (c) If the Bonds are issued by the Community Facilities District, the City shall reimburse the Owner, without interest, for the portion of the Deposits that has been expended or encumbered, said reimbursement to be made within ten business days after the issuance of such Bonds, solely from the proceeds of such Bonds and only to the extent otherwise permitted under the Act. The City shall, within ten business days after the issuance of such Bonds, return the then unexpended and unencumbered portion of the Deposits to the Owner, without interest. Section 3. Abandonment of Proceedinas. The Owner acknowledges and agrees that the issuance of the Bonds shall be in the sole discretion of the Community Facilities District. No provision of this Deposit Agreement shall be construed as an agreement, promise or warranty of the City to issue the Bonds. Section 4. Deposit Agreement Not Debt or Liability of City. As provided in Section 53314,9(b) of the Act, this Deposit Agreement does not constitute a debt or liability of the City, but shall constitute a debt and liability of the Community Facilities District upon its formation. The City shall not be obligated to advance any of its own funds to pay Initial Costs or any other costs incurred in connection with the issuance of the Bonds. No member of the City Council of the City and no officer, employee or agent of the City shall to any extent be personally liable hereunder. Section 5. Notices. Notices, Demands and Communications Between the Parties. Any notices, requests, demands, documents, approvals or disapprovals given or sent under this Deposit Agreement from one Party to another (collectively, "Notices ") may be personally delivered, transmitted by facsimile (FAX) transmission, or deposit with the United States Postal Service for mailing, postage prepaid, to the address of the other Party as stated in this Section, and shall be deemed to have been given or sent at the time of personal delivery or FAX AGENDA ITEM NO.- . transmission or, if mailed, on the third day following the date of deposit in the course of transmission with the United States Postal Service. Notices shall be sent as follows: If to City City of Lake Elsinore Attn: City Manager 130 S. Main Street Lake Elisnore, CA 92530 FAX No. (909) 674 -239 With copies to: Van Blarcom, Leibold, McClendon & Mann, P.C. Attn: Barbara Zeid Leibold, City Attorney 23422 Mill Creek Drive, Suite 105 Laguna Hills, CA 92653 FAX No. (949) 457 -6305 If to Owner: Lake Elsinore 80 SFR, LLC, C/O Fortland Inc. Attn: Steve Short 6753 Brockton Avenue Riverside, California 92506 FAX No. (951) 684 -6431 Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic communication, whether by telex, telegram or telecopicr upon the sender's receipt of an appropriate answerback or other written acknowledgement, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any other means, upon delivery at the address specified in this Section. Section 6. California Law. This Deposit Agreement shall be governed and construed in accordance with the laws of the State of California. The Parties shall be entitled to seek any remedy available at law and in equity. All legal actions must be instituted in the Superior Court of the County of Riverside, State of California, in an appropriate municipal court in Riverside County, or in the United States District Court for District of California in which Riverside County is located. Section 7 Successors and Assigns. This Deposit Agreement shall be binding upon and insure to the benefit of the successors and assigns of the parties hereto. ACEhIDA ITEM No. PACE 0 OFT Section 8 Counterparts. This Deposit Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument, Section 9. Other Agreements. The obligations of the Owner hereunder shall be that of a party hereto. Nothing herein shall be construed as affecting the City's or Owner's rights, or duties to perform their respective obligations, under other agreements, use regulations or subdivision requirements relating to the development. This Deposit Agreement shall not confer any additional rights, or waive any rights given, by either party hereto under any development or other agreement to which they are a party. Section 10. Titles and Captions. Titles and captions arc for convenience of reference only and do not define, describe or limit the scope or the intent of this Deposit Agreement or of any of its terms. Reference to section numbers are to sections in this Deposit Agreement, unless expressly stated otherwise. Section 11. Interpretation. As used in this Deposit Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word "including" shall be construed as if followed by the words "without limitation." This Deposit Agreement shall be interpreted as though prepared jointly by both Parties. Section 12. No Waiver. A waiver by either Party of a breach of any of the covenants, conditions or agreements under this Deposit Agreement to be performed by the other Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Deposit Agreement, Section 13. Modifications. Any alteration, change or modification of or to this Deposit Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each Party. Section 14. Severability. If any tern, provision, condition or covenant of this Deposit Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Deposit Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. Section 15. Computation of Time. The time in which any act is to be done under this Deposit Agreement is computed by excluding the first day (such as the day escrow opens), and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The tern "holiday" shall mean all holidays as specified in Section 6700 and 6701 of the California Government Code. If any act is to be done by a particular time during a day, that time shall be Pacific Time Zone time. Section 16. Legal Advice. Each Patty represents and warrants to the other the following: they have carefully read this Deposit Agreement, and in signing this Deposit Agreement, they do so with full knowledge of any right which they may have; they have ACOVDA ITEM NO. C received independent legal advice from their respective legal counsel as to the matters set forth in this Deposit Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Deposit Agreement; and, they have freely signed this Deposit Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other Party, or their respective agents, employees, or attorneys, except as specifically set forth in this Deposit Agreement, and without duress or coercion, whether economic or otherwise. Section 17 Cooperation. Each Party agrees to cooperate with the other in this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Deposit Agreement including, but not limited to, releases or additional agreements. Section 18. Conflicts of Interest. No member, official or employee of City shall have any personal interest, direct or indirect, in this Deposit Agreement, nor shall any such member, official or employee participate in any decision relating to the Deposit Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. [Signatures on following page) AGERDA 1T61#9 PAGE F V _m IN ,i9ITNESS WHEREOF, the Parties have executed this Deposit Agnzment as of the respective dates set forth below. "CITY" Dated: , 200_ ATTEST: VICKI KkSAD, CITY CLERK By: VICIEYRkSAD APPROVED AS TO FORM: VAN BL.kRCOM, LEIBOLD, McCLEINDON & MANN, P.C. City Attorney By: —. BfiRBARA ZEID LEIBOLD Dated: /� 9 200 G CITY OF LAKE ELSINU;. 'E, a municipal corporation 0 Mayor "OWNER" LAKE'.IELSINORE SO S1 'It, LLC a California limited liability c:unpany Its: ACENDA M NO.� PAGE--& ...., RESOLUTION NO. 2006- I (C "i, RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO ESTABLISH CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006 -8 (RUNNING DEER ESTATES) WHEREAS, the City Council (the "Council ") of the City of Lake Elsinore (the "City") has received a petition (the "Petition ") requesting the institution of proceedings for (i) formation of a community facilities district (the "CFD ") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act "), (ii) authorization of issuance of bonds for the CFD, and (iv) establishment of an appropriations limit for the CFD; and WHEREAS, the Council has determined that the Petition complies with the requirements of Government Code Section 5331.8(c) and now intends to initiate such proceedings; and WHEREAS, it is the intention of the Council to finance parks, open space and stone drains maintenance services that are in addition to those provided in the territory within the CFD prior to the formation of the CFD and do not supplant services already available within the territory proposed to be included in the CFD through the formation of the CFD subject to the levy of a special tax to pay for such services, being approved at an election to be held within the boundaries of the CFD; and WHEREAS, it is also the intention of the Council to finance the acquisition and construction of the Facilities (as defined below) or any combination thereof through the formation of the CFD, subject to the authorization of bonds and the levy of a special tax to pay lease payments, installment purchase payments or other payments, or principal and interest on bonds, being approved at an election to be held within the boundaries of the CFD. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Council hereby determines to institute proceedings for the formation of a community facilities district under the terms of the Act. The exterior boundaries of the CFD are hereby specified and described to be as shown 4582e924.i AGENOA ITEIA mo. PAGE _OF - CITY COUNCIL RESOLUTION NO. 2006- Page 2 of 6 on that certain map now on file in the office of the Clerk entitled "Proposed Boundary of Community Facilities District No. 2006 -8 of the City of Lake Elsinore (Running Deer Estates)," which map indicates by a boundary line the extent of the territory included in the proposed community facilities district and shall govern for all details as to the extent of the CFD. On the original and one copy of the map of such CFD on file in the City Clerk's office, the City Clerk shall endorse the certificate evidencing the date and adoption of this resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of Riverside, State of California. SECTION 2. The name of the proposed CFD shall be "City of Lake Elsinore Community Facilities District No. 2006 -8 (Running Deer Estates)." SECTION 3. Except where funds are otherwise available, it is the intention of the Council to levy annually in accordance with procedures contained in the Act a special tax (the "Services Special Tax ") sufficient to finance a portion of the cost of providing parks, open space and storm drains maintenance services (the "Services ") that are in addition to those provided in the territory within the CFD prior to the formation of the CFD and do not supplant services already available within the territory proposed to be included in the CFD, the costs of administering the levy and collection of the Services Special Tax and all other costs of the levy of the Services Special Tax, including any foreclosure proceedings, legal, fiscal, and financial consultant fees, election costs, and all other administrative costs of the tax levy. The Services Special 'Fax will be secured by recordation of a continuing lien against all real property in the CFD. The schedule of the rate and method of apportionment and manner of collection of the Services Special Tax is described in detail in Exhibit A attached hereto and by this reference incorporated herein. The Services Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act. SECTION 4. The facilities proposed to be financed by the CFD are public infrastructure facilities and other governmental facilities with an estimated useful life of five years or longer, which the CFD is authorized by law to construct, own or operate and that are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the proposed CFD, including but not limited to City street, storm drain, and landscaping asnzana. i AGENDA rPF.AI C' j PAGE. _-0E—=Z7,, CITY COUNCIL RESOLUTION NO. 2006- Page 3 of 6 improvements, Elsinore Valley Municipal Water District ( "EVMWD ") water and sewer facilities, City capital facilities fees, Lake Elsinore Unified School District ( "LEUSD ") school fees, EVMWD water and sewer capital facilities fees, and related costs including designs, inspections, professional fees, annexation fees, connection fees and acquisition costs (the "Facilities "). Such Facilities need not be physically located within the CFD. SECTION 5. Except where funds are otherwise available, it is the intention of the Council to levy annually in accordance with procedures contained in the Act a special tax (the "Special Tax ") sufficient to pay for the costs of financing the acquisition and/or construction of the Facilities, including the principal of and interest on the bonds proposed to be issued to finance the Facilities and other periodic costs, the establishment and replenishment of reserve funds, the remarketing, credit enhancement and liquidity fees, the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax and issuance of the bonds, including any foreclosure proceedings, architectural, engineering, inspection, legal, fiscal, and financial consultant fees, discount fees, interest on bonds due and payable prior to the expiration of one year from the date of completion of facilities (but not to exceed two years), election costs and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel, disclosure counsel, financing consultants and printing costs, and all other administrative costs of the tax levy and bond issue. The Special Tax will be secured by recordation of a continuing lien against all real property in the CFD. In the first year in which such a Special Tax is levied, the levy shall include a sum sufficient to repay to the City all amounts, if any, transferred to the CFD pursuant to Section 53314 of the Act and interest thereon. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit A attached hereto and by this reference incorporated herein. The Special Tax is based upon the cost of financing the Facilities in the CFD, the demand that each parcel will place on the Facilities and the benefit (direct and /or indirect) received by each parcel from the Facilities. The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act. In the event that a portion of the property within the CFD shall become for any reason exempt, wholly or partially, from the levy of the Special Tax, the Council shall, on behalf of the CFD, increase the levy to the extent necessary upon the remaining property within the CFD which is not delinquent or exempt in order to yield the required payments, subject to the maximum tax. Under no circumstances, however, shall the Special Tax levied 4582024.1 ttGENDA ITEM N0. WAGE, � of AZ .,_ CITY COUNCIL RESOLUTION NO. 2006- Page 4 of 6 against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the CFD by more than 10 percent. Furthermore, the maximum special tax authorized to be levied against any parcel used for private residential purposes shall not be increased over time in excess of 2 percent per year. SECTION 6. The Council hereby finds that the proposed Facilities are necessary to meet increased demands put upon the City as a result of the new development or rehabilitation within the proposed CFD. SECTION 7. A public hearing (the "Hearing ") on the establishment of the CFD and the proposed rate and method of apportionment of the Services Special Tax and the Special Tax shall be held on November 28, 2006, at 7:00 p.m., or as soon thereafter as practicable, at the Lake Elsinore Cultural Center located at 183 North Main Street, Lake Elsinore, California 92530. SECTION 8. At the time and place set forth above for the hearing, any interested person, including all persons owning lands or registered to vote within the proposed CFD, may appear and be heard. SECTION 9. Each City officer who is or will be responsible for the Services and the Facilities to be financed by the CFD, if it is established, is hereby directed to study the proposed CFD and, at or before the time of the above - mentioned Hearing, file a report with the Council, and which is to be made a part of the record of the Hearing, containing a brief description of the Services and the Facilities by type which will in his or her opinion be required to adequately meet the needs of the CFD and his or her estimate of the cost of providing the Services and the Facilities. The City Manager is directed to estimate the fair and reasonable cost of all incidental expenses, including the cost of planning and designing the Facilities to be financed pursuant to the Act, including the cost of environmental evaluations of such facilities, all costs associated with the creation of the CFD, issuance of bonds, determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the CFD, and any other expenses incidental to the construction, completion and inspection of the authorized work to be paid through the proposed financing. SECTION 10. The City may accept advances of funds from any sources, including private persons or private entities, and is authorized and directed to use 45826924.E AGENDA ITEM NO. • ---i PAGE OFzZ7 , CITY COUNCIL RESOLUTION NO. 2006- Page 5 of 6 such funds for any authorized purpose, including any cost incurred by the City in creating the CFD. The City may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the Services Special Tax and the Special Tax, if the proposal to levy such tax should fail, and to repay all of such funds advanced if the levy of the Services Special Tax and the Special Tax shall be approved by the qualified electors of the CFD. SECTION 11. The City Clerk is hereby directed to publish a notice ( "Notice ") of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed CFD. Such Notice shall contain information set forth in Section 53322 of the Act. Such publication shall be completed at least 7 days prior to the date of the Hearing. SECTION 12. The Clerk may send a copy of the Notice by first -class mail, postage prepaid, to each registered voter and to each landowner within proposed CFD as shown on the last equalized assessment roll. Said mailing shall be completed not less than fifteen (15) days prior to the date of the Hearing. SECTION 13. Pursuant to Section 53344.1 of the Act, the Council hereby reserves to itself, in its sole discretion, the right and authority by subsequent resolution to allow any owner of property within the CFD, subject to the provisions of Section 53344.1 of the Act and those conditions as it may impose, and any applicable prepayment penalties as prescribed in the bond indenture or comparable instrument or document, to tender to the CFD treasurer in full payment or part payment of any installment of the special taxes or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, the bond or other obligation to be taken at par and credit to be given for the accrued interest shown thereby computed to the date of tender. SECTION 14. The voting procedure with respect to the establishment of the CFD and the imposition of the special tax shall be by hand delivered or mailed ballot election. SECTION 15. This Resolution shall take effect from and after the date of its passage and adoption. 45 826924.1 AGENDA ITEM NJ. PACE _16 CITY COUNCIL RESOLUTION NO. 2006- Page 6 of 6 PASSED, APPROVED AND ADOPTED this 10th day of October, 2006. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore 45826924.1 ACENDA ITEM NO. C.l PAGE-17--OF _ - 7 g_ EXHIBIT A RATE AND METHOD OF APPORTIONMENT 45826924.1 AcpNDA ITEM W._ � PACE _OF_fZ. RATE AND METHOD OF APPORTIONMENT FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-8 (RUNNING DEER ESTATES) The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes in the City of Lake Elsinore Community Facilities District No. 2006 -8 (Running Deer Estates) ( "CFD No. 2006 -8 "). The Special Tax shall be levied on and collected in CFD No. 2006 -8 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within CFD No. 2006 -8 unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello -Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2006 -8: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting the Special Taxes for Facilities to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2006 -8 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2006 -8 or any designee thereof of complying with disclosure requirements of the City, CFD No. 2006 -8 or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2006 -8 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2006 -8 for any other administrative purposes of CFD No. 2006 -8, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. City of take Elsinore September 29, 2006 Community Facilities District No. 2006 -8 (Running Deer Estates) AGENDA ITEM NO.� Page I PAGE_. at_ "Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number, "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County for purposes of identification. "Assigned Special Tax for Facilities" means the Special Tax of that name described in Section D below. "Backup Special Tax for Facilities" means the Special Tax of that name described in Section E below. "Bonds" means any obligation to repay a sum of money, including obligations in the form ofbonds, notes, certificates of participation, long -terns leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long -term contracts, or any refunding thereof, to which Special Taxes for Facilities within CFD No. 2006 -8 have been pledged. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor's Parcel. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD Administrator" means an official of the City, or designee thereof, responsible for (i) determining the Special Tax Requirement for Facilities, (ii) determining the Special Tax Requirement for Services, as defined in Section L, as applicable, and (iii) providing for the levy and collection of the Special Taxes. "CFD No, 2006 -8" means Community Facilities District No. 2006 -8 (Running Deer Estates) established by the City under the Act. "City" means the City of Lake Elsinore. "City Council" means the City Council of the City of Lake Elsinore, acting as the Legislative Body of CFD No. 2006 -8, or its designee. "County" means the County of Riverside. "Developed Property" means all Assessor's Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to the January V preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a building permit for new construction was issued on or before May I" preceding the Fiscal Year in which the Special Tax is being levied. City of Lake Elsinore September 29, 2006 Community Facilities District No. 2006 -8 (Running Deer Estates) ­/ AGENDA ITEM N OJ__ Page 2 "Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes as provided for in Section J. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July I of any year and ending the following June 30. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and /or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Type" means any of the types listed in Table 1 of Section D. "Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities, determined in accordance with Section C that can be levied by CFD No. 2006 -8 in any Fiscal Year on any Assessor's Parcel. "Non- Residential Property" means all Assessor's Parcels of Developed Property for which a building permit was issued for any type of non - residential use. "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax for Facilities obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount" means the amount required to prepay the Special Tax for Facilities obligation in full for an Assessor's Parcel, as described in Section G. "Proportionately" means that the ratio of the actual Special Tax for Facilities levy to the applicable Assigned Special Tax for Facilities is equal for all applicable Assessor's Parcels. In case of Developed Property subject to the apportionment of the Special Tax for Facilities under step four of Section F, "Proportionately" in step four means that the quotient of (a) actual Special Tax for Facilities less the Assigned Special Tax for Facilities divided by (b) the Backup Special Tax for Facilities less the Assigned Special Tax for Facilities, is equal for all applicable Assessor's Parcels. "Provisional Undeveloped Property" means all Assessor's Parcels ofTaxable Propertythat would otherwise be classified as Exempt Property pursuant to the provisions of Section J, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section J. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Special Tax" means any of the special taxes authorized to be levied CFD No. 2006 -8 pursuant to the Act. City of Lake Elsinore September 29, 2006 Community Facilities District No. 2006 -5 (Running Deer Estates) AGENDA ITEM N4.A_ _ �_y Page 3 far- EELOA.3_7_ "Special Tax for Facilities" means any of the special taxes authorized to be levied within CFD No. 2006 -8 pursuant to the Act to fund the Special Tax Requirement for Facilities. "Special Tax Requirement for Facilities" means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, (v) an amount equal to any anticipated shortfall due to Special Tax for Facilities delinquencies in the prior Fiscal Year, and (vi) the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2006 -8 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax for Facilities on Undeveloped Property as set forth in Step Three of Section F., less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture. "Taxable Property" means all Assessor's Parcels within CFD No. 2006 -8, which are not Exempt Property. "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor's Parcels of Taxable Property, which are not Developed Property, Approved Property, or Provisional Undeveloped Property. SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2007 -08, each Assessor's Parcel within CFD No. 2006 -8 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. Additionally, each Assessor's Parcel of Developed Property shall further be classified as Residential Property or Non - Residential Property, and each Assessor's Parcel of residential Property shall be assigned to its appropriate Assigned Special Tax for Facilities rate based on its Building Square Footage. SECTION C MAXIMUM SPECIAL TAX FOR FACILITIES Developed Property The Maximum Special Tax for Facilities for each Assessor's Parcel of residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special "fax for Facilities or (ii) the Backup Special Tax for Facilities. Prior to the issuance of Bonds, the Assigned Special Tax for Facilities on Developed Property set forth in Table 1 may be reduced in accordance with, and subject to the conditions set forth in this paragraph. If it is reasonably determined by the CFD Administrator that the overlapping debt burden (as defined in the Statement of Goals and Policies for the Use of the Mello -Roos Community Facilities Act of 1982 adopted by the City of Lake Elsinore September 29, 2006 Community Facilities District No. 2006 -8 (Running Deer Estates) AGENDA ITEM No C.. Page 4 PAC -?a_ o�_.. 3Z _. City Council, the "Goals and Policies ") calculated pursuant to the Goals and Policies exceeds the City's maximum level objective set forth in such document, the Maximum Special Tax for Facilities on Developed Property maybe reduced (by modifying Table ])to the amount necessary to satisfy the City's objective with respect to the maximum overlapping debt burden level with the written consent of the CFD Administrator. Iu order to reduce the Maximum Special Tax for Facilities on Developed Property it may be necessary to reduce the Maximum Special Tax for Facilities for Undeveloped Property. The reductions permitted pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to be recorded by executing a certificate in substantially the form attached hereto as Exhibit "A ". 2. Multiple Land Use Type In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax for Facilities levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax for Facilities for all Land Use Types located on the Assessor's Parcel, The CFD Administrator's allocation to each type of property shall be final. 3. Approved Property Undeveloped Property and Provisional Undeveloped Property The Maximum Special Tax for Facilities for each Assessor's Parcel classified as Approved Property, Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shall be the applicable Assigned Special Tax for Facilities. SECTION D ASSIGNED SPECIAL TAX FOR FACILITIES Developed Property Each Fiscal Year, each Assessor's Parcel of Single Family Property or Non - Residential Property shall be subject to an Assigned Special Tax for Facilities. The Assigned Special Tax for Facilities applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2007 -08 shall be determined pursuant to Table 1 below. TABLE 1 ASSIGNED SPECIAL TAX FOR FACILITIES RATES FOR DEVELOPED PROPERTY FOR FISCAL YEAR 2007 -08 City of take Elsinore September 29, 2006 Community Facilities District No. 2006 -8 (Running Deer Estates) Z AGENDA ITEM NO._ Page 5 Land Use T1pe Building Square Footage Rate Single Family Property Greater than 3,300 $4,510 per Single Family Unit Single Farnily Property 3,001 — 3,300 $4,361 per Single Family Unit Single Family Property 2,701 — 3,000 $4,112 per Single Family Unit Single Family Property 2,401 — 2,700 $3,814 per Single Family Unit Single Family Property Less than 2,401 $3,516 per Single Family Unit Non - Residential Property N/A $25,065 per Acre City of take Elsinore September 29, 2006 Community Facilities District No. 2006 -8 (Running Deer Estates) Z AGENDA ITEM NO._ Page 5 2. Approved Property Undeveloped Property and Provisional Undeveloped Property Each Fiscal Year, each Assessor's Parcel of Approved Property, Undeveloped Property and Provisional Undeveloped Property shall be subject to an Assigned Special Tax for Facilities. The Assigned Special Tax for Facilities rate for an Assessor's Parcel classified as Approved Property, Undeveloped Property and Provisional Undeveloped Property for Fiscal Year 2007 -08 shall be $25,065 per Acre. 3. Increase in the Assigned Special Tax for Facilities On each July 1, commencing July 1, 2008, the Assigned Special Tax for Facilities rate for Developed Property, Approved Property, Undeveloped Property and Provisional Undeveloped Property shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. SECTION E BACKUP SPECIAL TAX FOR FACILITIES At the time a Final Map is recorded, the Backup Special Tax for Facilities for all Assessor's Parcels of Developed Property classified or reasonably expected to be classified as a Residential Property within such Final Map area shall be determined by (i) multiplying (a) the Maximum Special Tax for Facilities rate for Undeveloped Property by (b) the total Acreage of Taxable Property in such Final Map area, excluding Acreage classified as Provisional Undeveloped Property, Acreage classified or reasonably expected to be classified as Non - Residential Property, and any Acreage reasonably expected to be classified as Exempt Property in such Final Map area, and (ii) dividing the results in (i) by the total number of Residential Property Units reasonably expected to be constructed within such Final Map area. The resulting quotient shall be the Backup Special Tax for Facilities for each Assessor's Parcel of Residential Property within such Final Map area. The Backup Special Tax for Facilities shall not apply to Non - Residential Property. Notwithstanding the foregoing, if Assessor's Parcels of Developed Property which are classified or to be classified as Residential Property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax for Facilities for the area that has been changed or modified shall be recalculated, based on the methodology above, to equal the amount of Backup Special Tax for Facilities that would have been generated if such change did not take place. On each July 1, commencing July 1, 2008, the Backup Special Tax for Facilities rate shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year City of Lake Elsinore September 29, 2006 Community Facilities District No. 2006 -8 (Running Deer Estates) AGENDA ITEM iv Page 6 PAGE _,.,.03� OF, . SECTION F METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing Fiscal Year 2007 -08 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes for Facilities on all Taxable Property in accordance with the following steps: Step One: The Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax for Facilities rates in Table I to satisfy the Special Tax Requirement for Facilities. Step Two: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100 %ofthe Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Step Three: if additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Step Four: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Special Tax for Facilities on each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities is the Backup Special Tax for Facilities shall be increased Proportionately from the Assigned Special Tax for Facilities up to 100% of the Backup Special Tax for Facilities as needed to satisfy the Special Tax Requirement for Facilities. Step Five: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first four steps have been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Notwithstanding the above, under no circumstances will the Special Tax for Facilities levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by owner of any other Assessor's Parcel within CFD No. 2006 -8. City of Lake Elsinore September 29, 2006 Community Facilities District No. 2006 -8 (Running Deer Estates) AGE MA lTEIVI NO. Page 7 SECTION G PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this Section G: ' °CFD Public Facilities" means $5,100,000 expressed in 2006 dollars, which shall increase by the Construction Inflation Index on July 1, 2007, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2006 -8, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes for Facilities levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 2006 -8. "Construction Inflation Index" means the annual percentage change in the Engineering News - Record Building Cost Index for the city of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News- Record Building Cost Index for the city of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts or funded by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. "Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of Special Taxes for Facilities which will remain outstanding after the first interest and /or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Taxes for Facilities. The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Approved Property or Undeveloped Property for which a building permit has been issued or is expected to be issued, or an Assessor's Parcel of Provisional Undeveloped Property maybe prepaid in full, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid. The Prepayment Amount for an Assessor's Parcel eligible for prepayment shall be determined as described below. An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such notice the CFD Administrator shall notify such owner of the Prepayment Amount of such Assessor's Parcel, The CFD Administrator may charge a reasonable fee for providing this service. Prepayment must be made not less than 45 days prior to the next occurring date that City of Lake Elsinore September 29, 2006 Community Facilities District No. 2006 -8 (Running Deer Estates) AGENDA ITEM IV45._�( _ _ m Page 8 notice of redemption of Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture. The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the following formula (capitalized terms defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Cost plus Administrative Fee less Reserve Fund Credit less Capitalized Interest Credit equals Prepayment Amount As of the date of prepayment, the Prepayment Amount shall be calculated as follows: For an Assessor's Parcel of Developed Property, compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities, if any, applicable to the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property, compute the Assigned Special Tax for Facilities and the Backup Special Tax for Facilities as though it was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor's Parcel. For an Assessor's Parcel of Provisional Undeveloped Property compute the Assigned Special Tax for Facilities for that Assessor's Parcel. 2. For each Assessor's Parcel of Developed Property, Approved Property, Undeveloped Propertyor Provisional Undeveloped Property to be prepaid, (a) divide the Assigned Special Tax for Facilities computed pursuant to paragraph i for such Assessor's Parcel by the sum of the estimated Assigned Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at build out, as reasonably determined by the City, and (b) divide the Backup Special Tax for Facilities computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Backup Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at build out, as reasonably determined by the City, Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the Outstanding Bonds. The product shall be the "Bond Redemption Amount ". 4. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with the proceeds of the Bond Redemption Amount. This product is the "Redemption Premium." City of Lake Elsinore September 29, 2006 Community Facilities District No. 2006 -8 (Running Deer Estates) l_i+ %GFNDA 1TFWR WO._ _Page 9 PAGE =Z?_oF 7 - 5. Compute the Future Facilities Cost. 6. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the amount determined pursuant to paragraph 5 to determine the Future Facilities Cost to be prepaid (the "Future Facilities Amount "). 7. Compute the amount needed to pay interest on the Bond Redemption Amount to be redeemed with the proceeds of the Prepayment Amount until the earliest redemption date for the Outstanding Bonds. 8. Determine the actual Special Tax for Facilities levied on the Assessor's Parcel in the current Fiscal Year which has not yet been paid. 9. Estimate the amount of interest earnings to be derived from the reinvestment of the Bond Redemption Amount plus the Redemption Premium until the earliest redemption date for the Outstanding Bonds. 10. Add the amounts computed pursuant to paragraph 7 and 8 and subtract the amount computed pursuant to paragraph 9. This difference is the "Defeasance Cost." 11. Estimate the administrative fees and expenses associated with the prepayment, including the costs of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption. This amount is the "Administrative Fee." 12. Calculate the "Reserve Fund Credit" as the lesser of: (a) the expected reduction in the applicable reserve requirements, if airy, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date. Notwithstanding the foregoing, if the reserve fund requirement is satisfied by a surety bond or other instrument at the time of the prepayment, then no Reserve Fund Credit shall be given. Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than 0. 13. If any capitalized interest for the Outstanding Bonds will not have been expended as of the date immediately following the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the expected balance in the capitalized interest fund or account under the Indenture after such first interest and /or principal payment. This amount is the "Capitalized Interest Credit." City of Lake Elsinore September 29, 2006 Community Facilities District No. 2006 -8 (Running Deer Estates) ArrrlDA ffFIvR tM. t•. Page 10 PAGE. 2L-0P, � Z,,,.,,- 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Cost, and the Administrative Fee, less the Reserve Fund Credit and the Capitalized Interest Credit. 15. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 10, 12, and 13 shall be deposited into the appropriate fund as established under the Indenture and used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 6 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph I I shall be retained by CFD No. 2006 -8. The Special Tax for Facilities prepayment amount may be insufficient to redeem a full $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Bonds or to make debt service payments. With respect to a Special Tax for Facilities obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of CFD No. 2006 -8 that there has been a prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax for Facilities obligation and the release of the Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such Special Taxes for Facilities shall cease. Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax for Facilities that may be levied on Taxable Property, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. SECTION H PARTIAL PREPAYMENT OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Approved Property or Undeveloped Property for which a building permit has been issued or is expected to be issued, or and Assessor's Parcel of Provisional Undeveloped Property, as calculated in this Section H below, may be partially prepaid, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid. The Partial Prepayment Amount shall be calculated according to the following formula: PP= (Pn— A)xF +A The terms above have the following meanings: City of Lake Elsinore September 29, 2006 Community Facilities District No. 2006 -8 (Running Deer Estates) ( j GENI)AFiIftg ,q Page II PAGE �� _OF -3;7 — PP= the Partial Prepayment Amount. Po = the Prepayment Amount calculated according to Section G. F = the percent by which the owner of the Assessor's Parcel is partially prepaying the Special Tax for Facilities obligation. A = the Administrative Fee calculated according to Section G. The owner of any Assessor's Parcel who desires such prepayment shall notify the CFA Administrator of such owner's intent to partially prepay the Special Tax for Facilities and the percentage by which the Special Tax for Facilities shall be prepaid. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for Facilities for an Assessor's Parcel within 30 days of the request and maycharge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City Council shall (i) distribute the funds remitted to it according to Section G, and (ii) indicate in the records of CFD No. 2006 -8 that there has been a partial prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax for Facilities obligation to indicate the obligation of such Assessor's Parcel to pay such prepaid portion of the Special Tax for Facilities shall cease. Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax for Facilities that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. SECTION I TERMINATION OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding, the Special Tax for Facilities shall be levied on all Assessor's Parcels subject to the Special Tax for Facilities. The Special Tax for Facilities shall cease not later than the 2041 -42 Fiscal Year, however, the Special Taxes for Facilities will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2006 -8 Bonds have been paid; (ii) all authorized facilities for CFD No. 2006 -8 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Taxes for Facilities remain uncollected and (iv) all other obligations of CFD No. 2006 -8 have been satisfied. SECTION J EXEMPTIONS The City shall classify as Exempt Property, in order of priority, (i) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor's Parcels which are used as places ofworship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the City of take Elsinore September 29, 2006 Community Facilities District No. 2006 -8 (Running Deer Estates) :NCMDA BYfli9 Page 12 PAGG purposes set forth in the easement, (v) Assessor's Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor's Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 16.25 Acres. Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 16.25 Acres, Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 16.25 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Taxes pursuant to Step Five in Section F. SECTION K MANNER OF COLLECTION OF SPECIAL TAX FOR FACILITIES The Special Tax for-Facilities shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2006 -8 may collect Special Taxes for Facilities at a different time or in a different manner ifnecessaryto meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. SECTION L SPECIAL TAX FOR SERVICES The following additional definitions apply to this Section L: "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May I preceding the Fiscal Year in which the Special Tax for Services is being levied. "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Maximum Special Tax for Services" means the maximum Special Tax for Services that can be levied by CFD No. 2006 -8 in any Fiscal Year on any Assessor's Parcel. "Operating Fund" means a fund that shall be maintained for CFD No. 2006 -8 for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and storm drains. City of Lake Elsinore Communit Facilities D tr t N 2006 8 R D Es September 29, 2006 y ac es is i c o. - ( unnmg eer Cates) AGENDA ffl:'ftfl RO._ L� Page 13 PAGE_,[ OF 37_ "Special Tax for Services" means any of the special taxes authorized to be levied within CFD No. 2006 -8 pursuant to the Act to fund the Special Tax Requirement for Services. "Special Tax Requirement for Services" means the amount determined in any Fiscal Year for CFD No. 2006 -8 equal to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes for Services based on the delinquency rate in CFD No. 2006 -8 for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. 1. Rate and Method of Apportionment of the Special Tax for Services Commencing Fiscal Year 2007 -2008 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes for Services on (i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non-Residential Property, up to the applicable Maximum Special Tax for Services to fund the Special Tax Requirement for Services. The Maximum Special Tax for Services for Fiscal Year 2007 -2008 shall be $251.78 per Developed Single Family Unit, $125.89 per Developed Multifamily Unit, and $567.02 per Acre for each Assessor's Parcel of Non- Residential Property. On each July 1, commencing July 1, 2008, the Maximum Special Tax for Services shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year, 2. Duration of the Special Tax for Services The Special Tax for Services shall be levied in perpetuity to fund the Special Tax Requirement for Services, unless no longer required as determined at the sole discretion of the City Council. 3. Collection of the Special Tax for Services The Special Tax for Services shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2006 -8 may collect the Special Tax for Services at a different time or in a different manner if necessary to meet its funding requirements. SECTION M APPEALS Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax that is disputed. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the CFD Administrator's City of Lake Elsinore September 29, 2006 Community Facilities District No. 2006 -8 (Running Deer Estates) AGENDA PM M ._ t Page 14 decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made (except for the last year of levy), but an adjustment shall be made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). The City Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or residents appeals. Any decision of the City Council shall be final and binding as to all persons. City of Lake Elsinore Community Facilities District No. September 29, 2006 2006 -8 (Running Deer Estates) ?GENOA MIN 4 _L-1 Page 15 MICE_ 3.3 OF 3 7 EXHIBIT "A" CITY OF LAKE ELSINORE AND CFD NO. 2006-8 CERTIFICATE 1. Pursuant to Section — of the Rate and Method of Apportionment of Special Tax (the "RMA "), the City of Lake Elsinore (the "City ") and Community Facilities District No. 2006 -8 of the City of Lake Elsinore ( "CFD No. 2006 -8 ") hereby agree to a reduction in the Maximum Special Tax for Facilities for Developed Property within CFD No. 2006 -8: (a) The information in Table 1 relating to the Maximum Special Tax for Facilities for Developed Property and /or Undeveloped Property within CFD No. 2006 -8 shall be modified as follows: 2. Table 1 may only be modified prior to the issuance of Bonds. Upon execution of the Certificate by the City and CFD No. 2006 -8 the City shall cause an amended Notice of Special Tax Lien for CFD No. 2006 -8 to be recorded reflecting the modifications set forth herein. By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CFD No. 2006 -8, receipt of this Certificate and modification of the RMA as set forth in this Certificate. CITY OF LAKE ELSINORE By: Date: CFD Administrator COMMUNITY FACILITIES DISTRICT NO. 2006 -8 OF THE CITY OF LAKE ELSINORE By: Date: City of Lake Elsinore September 29, 2006 Community Facilities District No. 2006 -8 (Running Deer Estates) AGENDA IITM I9D.. , „. Page 16 (PAGE GF 37 RESOLUTION NO. 2006- 1l,^ RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $79000,000 WITHIN THE PROPOSED CITY OF LAKE ELSINORE' COMMUNITY FACILITIES DISTRICT NO. 2006 -8 (RUNNING DEER ESTATES) WHEREAS, the City Council (the "Council ") of the City of Lake Elsinore (the "City ") has heretofore adopted Resolution No. 2006 - +.,: stating the Council's intention to form Community Facilities District No. 2006 -8 (Running Deer Estates) (the "CFD "), pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the "Act"), to finance the purchase, construction, expansion or rehabilitation of certain real and other tangible property with an estimated useful life of five years or longer, including public infrastructure facilities and other governmental facilities, which are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the proposed CFD (the "Facilities "); and WHEREAS, in order to finance the Facilities it is necessary to incur bonded indebtedness in the amounts not to exceed $7,000,000, the repayment of which is to be secured by special taxes levied in accordance with Section 53340 et seq. of the Act on all property within the CFD, other than those properties exempted from taxation as provided in the respective rate and method of apportionment attached as Exhibit A to Resolution No. 2006 - . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. It is necessary to incur bonded indebtedness within the proposed CFD in the amounts not to exceed $7,000,000 to finance the costs of the Facilities. SECTION 3. The indebtedness will be incurred for the purpose of financing the costs of designing, constructing and acquiring the Facilities, the acquisition of necessary equipment and property therefor and fulfilling contractual commitments 45926925.1 AGENDA ITEM No. �! PAGEm T •9 3 ..- _sue._.,. F -� CITY COUNCIL RESOLUTION NO. 2006- Page 2 of 3 and carrying out the powers and purposes of the CFD, including, but not limited to, the financing of the costs associated with the issuance of the bonds and all other costs necessary to finance the Facilities which are permitted to be financed pursuant to the Act. SECTION 4. It is the intent of the Council to authorize the sale of bonds in one or more series, in the maximum aggregate principal amounts not to exceed $7,000,000 at a maximum interest rate not in excess of 12 percent per annum or such rate not in excess of the maximum rate permitted by law at the time the bonds are issued. The term of the bonds shall be determined pursuant to a resolution of the Council authorizing the issuance of the bonds, but such term shall in no event exceed 40 years or such longer term as is then permitted by law. SECTIONS. A public hearing (the "Hearing ") on the proposed debt issue shall be held November 28, 2006 at 7:00 p.m. or as soon thereafter as practicable, at the Lake Elsinore Cultural Center located at 183 North Main Street, Lake Elsinore, California 92530. SECTION 6. At the Hearing at the time and place set forth above, any interested persons, including all persons owning land within the proposed CFD, may appear and be heard at the Hearing. SECTION 7. The proposition to incur bonded indebtedness in the maximum aggregate principal amounts not to exceed $7,000,000 shall be submitted to the qualified electors of the CFD. A special community facilities district election shall be conducted on November 28, 2006. The special election shall be conducted by hand delivered or mailed ballot election. The ballots shall be returned to the office of the election officer no later than 11:00 o'clock p.m. on November 28, 2006. SECTION 8. The Clerk is hereby directed to publish a copy of this resolution, which shall serve as notice ( "Notice ") of the Hearing and the special bond election, pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the proposed CFD. SECTION 9. The Clerk may send a copy of the Notice of the Hearing by first -class mail, postage prepaid, to each registered voter and to each landowner within the proposed CFD as shown on the last equalized assessment roll. SECTION 10. This Resolution shall take effect from and after the date of its passage and adoption. r- x.�c:1VUH jjciU! i�t3. �_i CITY COUNCII. RESOLUTION NO. 2006-. Page 3 of 3 PASSED, APPROVED AND ADOPTED this 10th day of October, 2006. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Robert E. Magee, Mayor City of Lake Elsinore AGENDA ITEM Nd. �. PACE f CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: OCTOBER 10, 2006 SUBJECT: MODIFICATIONS TO MSHCP CONSISTENCY RESOLUTIONS PREVIOUSLY ADOPTED BY THE CITY COUNCIL FOR TWO PROJECTS WITHIN THE RAMSGATE SPECIFIC PLAN BACKGROUND Two MSHCP Consistency Resolutions recently approved by the City Council for projects within the Ramsgate Specific Plan require clarification. The specific resolutions at issue relate to Tentative Tract Mall 25475 and 33725. DISCUSSION On August 22, 2006, the City Council passed, approved, and adopted City Council Resolution No. 2006 -140, which found that Ramsgate Tentative Tract Map 25475 was consistent with the MSCHP. The Resolition has not yet been signed. Finding 49 of Resolution 2006-140 provides that the developer will pay the MSHCP Local Development Impact Fee. However, the developer is exempt from the MSHCP Development Impact Fee under the terms and conditions of the Ramsgate Development Agreement Therefore, Finding #9 of ResolutionNo. 140 has been revised to indicate that the developer will not be required to pay the fee. On September 12, 2006, the City Council passed, approved, and adopted City Council Resolution No. 2006 -156, which found Ramsgate Annexation #76 and Ramsgate Tentative Tract Map 33725 to be consistent with the MSHCP. The Resolution has not yet been signed. AGENDA ITEM N0. �) PACE__012 Il_D REPORT TO CITY COUNCIL OCTOBER 10, 2006 PAGE 2 OF 2 Unlike the project discussed above, the property subject to Annexation #76 and Tentative Tract Map 33725 is not covered by the Ramsgate Development Agreement. While the conditions of approval for this project require payment of the MSHCP Development Impact Fee, Resolution No. 2006 -156 was silent as to this requirement. To that end, Resolution 2006 -156 has been revised to add in Finding #9, which subjects the developer to the MSHCP Local Development Impact Fee. FISCAL IMPACT None. RECOMMENDATION Authorize the City Attorney to make the aforementioned revisions to Resolution No. 2006 -140 and Resolution No. 2006 -156 prior to signing the documents and placing them on file with the City Clerk. PREPARED BY: BARBARA ZEID LEIBOLD, CITY ATTORNEY APPROVED FOf AGENDA BY: r' AGENDA REM 00. � RESOLUTION NO. 2006-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS RAMSGATE SPECIFIC PLAN NO. 89 -1 FOURTH REVISION, TENTATIVE TRACT MAP NO. 25475 REVISION NO. 19 AND TENTATIVE TRACT MAP NO. 34231 LOCATED APPROXIMATELY ONE MILE EAST OF INTERSTATE 15, SOUTH OF HIGHWAY 74, AND WEST OF GREENWALD AVENUE WHEREAS, White Rock Acquisition Co., L.P. has submitted an application for Ramsgate Specific Plan No. 89 -1 Fourth Revision, Tentative Tract Map No. 25475 Revision No. 1, and Tentative Tract Map No. 34231 (Ramsgate applications), located approximately one mile east of Interstate 15, south of Highway 74, and west of Greenwald Avenue; and WHEREAS, these Ramsgate applications comprise the "project" as defined by Section 21065 of the California Environmental Quality Act (CEQA), California Public Resources Code § 21000 et seq., which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, Addendum No. 3 to the Final Supplemental Environmental Impact Report (SCH 88090525) has been prepared to evaluate environmental impacts resulting with the project; and WHEREAS, public notice of said project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on August 22, 2006. AGENDA PAGE . "'7 Of--L - . 0 CITY COUNCIL RESOLUTION NO 2006 -140 Page 2 of 8 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed Ramsgate applications and their consistency with the MSHCP prior to making a decision. SECTION 2. That in accordance with State Planning and Zoning laws, the City of Lake Elsinore Municipal Code, and the Western Riverside County Multiple Species Habitat Conservation Plan, findings for adoption have been made as follows: MSHCP CONSISTENCY FINDINGS 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The proposed project includes two (2) tentative tract maps (TTMs) and requires a number of discretionary approvals from the City, including CEQA review. Pursuant to the City's MSHCP Resolution, the project has been reviewed for MSHCP consistency, including consistency with "Other Plan Requirements. " These include the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, § 61.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, § 61.3), Additional Survey Needs and Procedures (MSHCP, § 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, § 61.4), Vegetation Mapping (MSHCP, § 6.3. 1) requirements, Fuels Management Guidelines (MSHCP, § 64), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4). 2. The proposed project is subject to the City.'s LEAP and the County's Joint Project Review processes. The project site is within the MSHCP Lake Elsinore Area Plan. The site proposed for Tentative Tract Map No. 25475 Revision No. I lies within Criteria Cell 4176 and Independent Criteria Cells 4174, 4178 and 4272. AGENDA ITEM N0E . PAC___ CITY COUNCIL RESOLUTION NO 2006 -140 Page 3 of 8 Therefore, a formal and complete LEAP (Lake Elsinore Acquisition Process) application, LEAP 2005 -10 was submitted to the City on December 9, 2005. This application and documentation was reviewed by the City and it was determined that no additional conservation is required for compliance with the MSHCP. The City also determined that TTM 25475 had complied with the MSHCP "Other Plan Requirements. " The City's LEAP determination was submitted to the Western Riverside County Regional Conservation Authority (RCA) for its Joint Project Review(dPR), and was given a finding of consistency by the RCA on May 1, 2006. TTM 34231 is not located within an MSHCP Criteria Cell area, therefore, no formal LEAP submittal was required. However, the project is still required to demonstrate compliance with "Other Plan Requirements. " Both TTMs are in compliance as described further below. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. No vernal pools exist on the site and therefore vernal pool species are not expected to occur. Section 6 1.2 of the MSHCP focuses on protection of riparian /riverine areas and vernal pool habitat types based on their value in the conservation of a number of MSHCP- covered species, none of which has any potential to occur on the project site. Any impacts to the southern willow scrub and herbaceous wetland are the result of off-site road improvements. Relocation of the roan's is not feasible without eliminating access to the project site and impacts cannot be reduced by an alternative location, since all of the drainages would still need to be crossed. Impacts to the small riparian area and unvegetated drainages will be mitigated through acquisition of credits from the Riverside - Corona Resource Conservation District Mitigation Bank, which provides significant enhancement to riparian habitat along the Santa Ana River through removal of giant reed (Arundo donax). A number of the species targeted for conservation through consistency with Section 6.1.2 occur within bank boundaries, and the bank is within the MSHCP Conservation Area boundaries. ACENDA MM Nb. .c i CITY COUNCIL RESOLUTION NO 2006 -140 Page 4 of S 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project site is not located within the NEPSSA as shown on Figure 6 -1 of the MSHCP; however, an MSHCP Narrow Endemic Species (Mum's onion) was observed in the north - central portion of 7TM No. 25475. This population of the Munz's onion occurs outside of the Conservation Area spelled out in the Cell Criteria for the tentative tract and the project site is not one of the fifteen Imown locations targeted for conservation. Additionally, since the site lies outside of a NEPSSA or Critical Area Species Survey Area (CASSA), no conservation is required. Based on its location outside of any NEPSSA or CASSA, the project is compliant with MSHCP Section 61.3. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The MSHCP requires additional surveys for certain species if the project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas With Critical Area, Burrowing Owl Survey Areas With Criteria Area, and Mammal Species Survey Areas With Criteria Areas of the MSHCP. The project site is located outside of any Critical Area Species Survey Area (CASSA) for plants and mammals and no CASSA plant species were observed during the focused surveys for the site. However, the 7TMNo. 25475 site is located within the area requiring burrowing owl surveys. A burrowing owl habitat and burrow survey was conducted on the TTMNo. 25475 site in August 2004 by PCR Services Corporation. The habitat assessment found that the study area exhibited multiple key indicators of suitable burrowing owl habitat including occurrence of low- growing vegetation and the presence of small fossorial mammal burrows. However, no burrowing owl signn was observed during the habitat assessment and burrow survey, and the burrowing owl is not expected to occur at this site. Additionally, the site was surveyed on multiple occasions during other focused surveys by biologists familiar with the burrowing owl. No owls were observed during any of these surveys; therefore, TTM No. 25475 is consistent with the policies of MSHCP Section 63.2. However, as required by the MSHCP, an additional pre- AGENDAITEMN0. �-?�,,_ PAGE CITY COUNCIL RESOLUTION NO 2006 -140 Page 5 of 8 construction survey for burrowing owl will be included as a condition of project approval. In addition, TTM No. 34231 is located within the survey area identified for the burrowing owl. The site has already been rough graded and adjacent road improvements constructed. No suitable burrowing owl habitat currently exists on the project site. However, due to the migratory nature of the burrowing owl, there is a possibility that although burrowing owls are not currently located on the project site, they could occupy the site prior to actual project construction. Therefore a pre - construction burrowing owl survey will be required per the MSHCP. Based upon the above, it can be concluded that the proposed TTM No. 25475 and TTM No. 34231 are consistent with the provisions of the MSHCP. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The TTM No. 25475 site is located adjacent to land that has been set aside for conservation. Therefore the project is required to comply with the policies set forth in Section 61.4 of the MSHCP which are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area, where applicable. Future Development in proximity to the MSHCP Conservation Area may result in Edge Effects that will adversely affect biological resources within the MSHCP Conservation Area. To minimize such Edge Effects, guidelines shall be implemented in conjunction with review of individual public and private Development projects in proximity to the MSHCP Conservation Area. Through implementation of mitigation measures the project will minimize the adverse effects of the project on conservation configuration and minimize management challenges that can arise from development being located adjacent to conserved habitat; and will be consistent with the Policies set forth in MSHCP Section 61.4. AGENDA ITEM_ N0.— J PACE-1-1 ,_,QF CITY COUNCIL RESOLUTION NO 2006 -140 Page 6 of 8 The TTM No. 34231 project site is separated from nearby criteria cells by existing residential subdivisions located within the Ramsgate Specific Plan. Therefore, the urbanlwildlands interface guidelines set forth in Section 6.1.4 of the MSHCP are not applicable. 7. The proposed project is consistent with the Vegetation Mapping requirements. The vegetation of the project site has been mapped as part of the City's LEAP application for TTM 25475. This mapping is consistent with MSHCP mapping protocol. The mapping is sufficient under the MSHCP and is consistent with the MSHCP requirements. No vegetation mapping requirements apply to TTM34231. 8. The proposed project is consistent with the Fuels Management Guidelines. The TTM No. 25475 site has been designed to include Fuel Modification Zones along its north and west boundaries in open space adjacent to the Conservation Areas. The proposed project has been designed so that no additional take of conserved habitat will be necessary for fuel modification purposes. Within the project open space area plantings are limited to fire- resistant, non - invasive native species from the list contained within the MSHCP Ordinance and reviewed by the City's Fire Department. All fuel management areas will exist outside of the MSHCP Conservation Area. TTM No. 25475 is therefore consistent with the Fuels Management Guidelines. The TTMNo. 34231 site is separated from nearby criteria cells by existing residential subdivisions located within the Ramsgate Specific Plan. Therefore, the fuels management guidelines set forth in the MSHCP are not applicable. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. AGENDA iTFM ND. PAGE OF CITY COUNCIL RESOLUTION NO 2006 -140 Page 7 of 8 The proposed project will not be required to pay the MSHCP Local Development Mitigation Fee because all such fees have been satisfied by virtue of the development agreement for the project. 10. The proposed project overall is consistent with the MSHCP. The City received a letter dated May 1, 2006, from Sarah Lozano, Western Riverside Regional Conservation Authority stating that TTM 25475 is consistent with the MSHCP from both a criteria and other plan perspective. Because there was no formal LEAP requirement for TTM No. 34231, the City ensured the consistency of this project site with the MSHCP. The City received a letter dated February 27, 2006, from Thomas B. Mullen, Executive Director, Western Riverside Regional Conservation Authority stating that projects within the Ramsgate Specific Plan are covered by the mitigation program contained in that plan and accepted in anticipation of the MSHCP being adopted and the agency permits signed. Mr. Mullen concludes that the preservation of the mitigated lands for the Ramsgate SP helped to insure that the permits were signed. The entire project is consistent with the MSHCP and provides effective conservation on the project site to meet the biological issues and considerations of the MSHCP. 11. There is no substantial evidence, in the light of the whole record before the City Council, that the project as revised may have significant effect on the environment. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA MU NO• PACE(_ CITY COUNCIL RESOLUTION NO 2006 -140 Page 8 of 8 PASSED, APPROVED AND ADOPTED in final form this 10`" day of October, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ffEM RESOLUTION NO. 2006-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI - SPECIES HABITAT CONSERVATION PLAN ( MSHCP) FOR THE PROJECTS KNOWN AS ANNEXATION NO. 76 ET.AL., RAMSGATE SPECIFIC PLAN NO. 89-1 FIFTH REVISION, AND TENTATIVE TRACT MAP NO. 33725 WHEREAS, the Shopoff Group has submitted applications for Annexation No. 76, General Plan Amendment No. 2006 -05, Pre - Annexation Zone Change No. 2006 -05, Zone Change No. 2006 -07, Ramsgate Specific Plan No. 89 -1 Fifth Revision, and Tentative Tract Map No. 33725 ( "Ramsgate Applications ") located approximately one mile east of Interstate 15, south of Highway 74, and west of Greenwald Avenue; and WHEREAS, Section 6.0 of the MSHCP requires that all projects which lie within an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ( "LEAP ") and the Joint Project Review ( "JPR') prior to public review of the project applications; and WHEREAS, the Ramsgate Applications involve entitlements requesting that the City issue a permit, license, certificate, or other entitlement which requires discretionary review by the legislative body; and WHEREAS, the Ramsgate Applications are within MSHCP Criteria Cells 4174 and 4176 and therefore evaluated pursuant to LEAP and JPR prior to the public hearing on this item on September 5, 2006; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development projects within MSHCP criteria cells; and WHEREAS, public notice of the Ramsgate Applications has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on September 26, 2006. AGENDA ITEM N0. PAGE !L_PF 1L.4_ CITY COUNCIL RESOLUTION NO. 2006-156 PAGE 2 OF 6 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed Ramsgate applications and their consistency with the MSHCP prior to malting its decision to adopt findings of consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP and the City of Lake Elsinore Municipal Code, the City Council makes the following findings: MSHCP CONSISTENCY FINDINGS 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The proposed project includes a tentative tract map and requires a number of discretionary approvals from the City, including CEQA review. Pursuant to the City's MSHCP Resolution, the project has been reviewed for MSHCP consistency, including consistency with "Other Plan Requirements. " These include the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, § 61.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, § 6.1.3), Additional Survey Needs and Procedures (MSHCP, § 63.2), Urban/Wildlands Interface Guidelines (MSHCP, § 6.1.4), Vegetation Mapping (MSHCP, § 6.3. 1) requirements, Fuels Management Guidelines (MSHCP, § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4)• 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. The project site is within the MSHCP Lake Elsinore Area Plan. The entire Tentative Tract Map No. 33725 is located in Criteria Cells 4174 and 4176 Therefore, a formal and complete LEAP application, LEAP 2006 -0, 4 was submitted to the City in June, 2006. RCi NDA IC H . F pnr fi _.QF CITY COUNCIL RESOLUTION NO. 2006-156 PAGE 3 OF 6 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. No vernal pools exist on the site; therefore, vernal pool species are not expected to occur. Section 61.2 of the MSHCP focuses on protection of riparian/riverine areas and vernal pool habitat types based on their value in the conservation of a number of MSHCP- covered species, none of which has any potential to occur on the project site. Impacts to riparian habitats on the map site include the 0.22 acres of herbaceous wetland. Remaining impacts to riparian/riverine resources are limited to non - wetland waters of the U.S. Impacts to the small riparian area and unvegetated drainages will be mitigated through acquisition of credits from the Riverside - Corona Resource Conservation District Mitigation Bank, which provides significant enhancement to riparian habitat along the Santa Ana River through removal of giant reed (Arundo donax). A number of the species targeted for conservation through consistency with Section 61.2 occur within bank boundaries, and the bank is within the MSHCP Conservation Area boundaries. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project site is not located within the NEPSSA as shown on Figure 6 -1 of the MSHCP and therefore no focused survey is required. Additionally, no NEPSSA species were observed during focused biological surveys conducted on the project site. Based on its location outside of any NEPSSA and the lack of any NEPSSA species being observed during focused surveys, the project is compliant with MSHCP Section 61.3. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The MSHCP requires additional surveys for certain species if the project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas With Critical Area, Burrowing Owl Survey Areas With Criteria Area, and Mammal Species Survey Areas With Criteria Areas of the MSHCP. AGENDA CTEM N0. r> PAGE_��0 CITY COUNCIL RESOLUTION NO. 2006-156 PAGE 4 OF 6 The project site is located outside of any Critical Area Species Survey Area (CASSA) for plants and mammals and no CASSA plant species were observed during the focused surveys for the site. However, the project site is located within the area requiring burrowing owl surveys. A focused burrowing owl survey was conducted on the site during the 2006 breeding season (March I — August 31), in accordance with accepted guidelines. The focused survey determined that although the site contains 35 acres of low to moderate potential owl habitat, no burrowing owls were observed on the property and the few burrows with potential to support owls showed no sign of owl occupation. 6. The proposed project is consistent with the Urban /Wildlands Interface Guidelines. Section 61.4 of the MSHCP sets forth guidelines which are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area, where applicable. Future Development in proximity to the MSHCP Conservation Area may result in Edge Effects that will adversely affect biological resources within the MSHCP Conservation Area. To minimize such Edge Effects, guidelines shall be implemented in conjunction with review of individual public and private Development projects in proximity to the MSHCP Conservation Area. Through implementation of mitigation measures the project will minimize the identified potential indirect impacts with potential future open space to the south. 7. The proposed project overall is consistent with the MSHCP. The entire project is consistent with the MSHCP and provides effective conservation on the project site to meet the biological issues and considerations of the MSHCP. 8. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. AGENDA MM N0. �. PACE_-�J_Or CITY COUNCIL RESOLUTION NO. 2006-156 PAGE 5 OF 6 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Impact Fee. Because the Ramsgate Applications are not covered by the Ramsgate development agreement, the developer will be required to pay the City's MSHCP Local Development Impact Fee. The MSHCP Local Development Impact Fee shall be paid to the City prior to issuance of a building permit and shall be paid at the rate in place at the time such permits are requested. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED in final form this 10`n day of October, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore AGENDA ITEM ND. - -J CITY COUNCIL RESOLUTION NO. 2006-156 PAGE 6 OF 6 APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: OCTOBER 10, 2006 SUBJECT: CHANGE ORDER NO. 1 FOR THE INTERIM IMPROVEMENTS LOCATED AT I -151 RAILROAD CANYON ROAD INTERCHANGE BACKGROUND City Staff has processed the interim design improvements for the 1 -151 Railroad Canyon Road Interchange with CAI.,TRANS. An approval for the design, in the form of an encroachment permit has been approved. Currently 37,000 cars use this interchange daily with substantial traffic increases anticipated in the future. The proposed improvements, to handle this traffic need, will occur in two (2) stages. The first stage will include the subject interim improvements, vhich add street and ramp lanes better accommodating existing and near future traffic flows. The second stage includes plans for the ultimate improvements, which are currently being studied in coordination with CALTRANS. DISCUSSION On November 16, 2005, the City received one (1) bid from K.J. Noble Company to construct Interim Improvements at I -151 Railroad Canyon Road Interchange. The bid from R.J. Noble Company was $2,755,038.70. Decidedly, R.J. Noble Company was the lowest bidder. Change Order No. 1 involves additional ramp widening fills, slope grading, revisions to the retaining wall located under the I -15 Bridge and other miscellaneous items which resulted in project increases in the amount of $103,743.66. Other items which reduced project costs $135,000, include revising conduits to less expensive schedule 80 PVC, combining construction stages to streamline the project and reducing the clearing and grubbing. Ultimately, this resulted in a net project reduction of $31,256.34. Considering this, Staff determined that the revised project cost was reduced from $2,7S5,038.70 to $2,723,782.36. REPORT TO CITY COUNCIL OCTOBER 10, 2006 PAGE 2 FISCAL IMPACT Fiscal Year 2005/2006 Capital Improvement Budget allocated $1,966,000 for Interim 1 -15/ Railroad Canyon Road Interchange Improvements. Additional funds in the amount of $994,000 were allocated in FY 2006/2007 budget, totaling $2,960,000. Due to project cost decreases described for Change Order No. 1, no additional funding is necessary. RECOMMENDATION Staff recommends that the City Council: 1. Approve Change Order No. 1 reducing project costs by $31,256.64. 2. Authorize City Manager to execute Change Order No. I with R.J. Noble Company. PREPARED BY: DAVID S. SOLOMON, PROJECT ENGINEER S REVIEWED BY: KEN A. SEUMALO, CITY ENGINEER APPROVED FOR / r' AGENDA BY: ZZZ2'µ`ms CITY MANAGE S OFFICE Attachments: Vicinity Map rite UA I FEW, fl r, t.. (. o VICINITY MAP INTERSTATE 15/RAILROAD CANYON ROAD INTERIM IMPROVEMENTS o9, CITY COUNCIL PROJECT SITE 6,000- WWI 1; $ A"CMT ETJ N'0, CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: OCTOBER 10, 2006 SUBJECT: AGREEMENT WITH CALTRANS TO FUND A PORTION OF THE TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENTS LOCATED AT THE INTERSECTION OF ORTEGA HIGHWAY (SR -74) AND GRAND AVENUE BACKGROUND In fiscal year 2005/2006, the City Council approved the use of City andRegional TUMF money to widen and signalize the intersection of Grand Avenue and Ortega Highway. The budget, originally set for $468,000, was entirely funded with local and regional monies. "through several meetings with CALTRANS, the State agreed to participate in the project by contributing $120,000 from their Minor Program Fund. The project consists of intersection improvements including street widening and traffic signal construction at Ortega Highway (SR -74) and Grand Avenue. Two (2) legs of this intersection on Ortega Highway (SR -74) belong to CALTRANS and the third leg on Grand Avenue belongs to the City. DISCUSSION CALTRANS has agreed to have the City take the lead for the design and construction of these improvements which includes: selection of consultant, preparation of plans, construction bid advertising, contract award and project inspection. At City's request, CAI; GRANS also agreed to participate in funding this project and obligate funds from their Minor Program Fund in the amount of $120,000. The subject agreement, between CALTRANS and the City, is for the reimbursement of $120,000 funds for this project. City Attorney's Office has reviewed and approved this agreement as to its form. The original document is available in the City Clerk's office for review. Mt:;f;ikZA tTEW N'), PAGE- REPORT TO CITY COUNCIL OCTOBER 10, 2006 PAGE 2 FISCAL IMPACT In Fiscal Year 2005/2006 this capital project was budgeted for $468,000. $300,000 of total project cost will be reimbursed to the City byRegional TUMF revenues, $65,000 comes from Measure A and $103,000 is from Traffic Impact Fee funds. This additional $120,000 from CALTRANS will increase funds available for this project to $588,000. Total project costs are estimated at $800,000. Additional TUMF funds are pending WRCOG approvalfor the current fiscal year to cover the potential shortfall in project costs. RECOMMENDATION It is recommended that the City Council authorize the Mayor to enter into a cooperative agreement with CALTRANS for the reimbursement of finds in the amount of $120,000 for the Ortega Highway and Grand Avenue Intersection Improvement Project. PREPARED BY: DAVID SOLOMON, PROJECT ENGINEER REVIEWED BY: KEN A. SEUMALO, CITY ENGINEER *' APPROVED FOR AGENDA BY: MANAGER'S AGENDA ETiM NC.1,...,..,,,1,.,.. - A(AJNDA 1TO'l NO HOFFAVE Wy A rp ULMER ST 01- tea`, BRO of, P"A MC 0 ss'v 0 N Z 114� , " 4, N WVC0 UvAvt� N 4AKE DR ST O CNJS SqGARPINE ST (j G, O X SR-74 Ortega/SR-74 Grand Intersection 4- 2 ,OOV Interstate 15 #AV Highway 74 Site Location Map City Boundary SR-74 Ortega/SR-74 Grand Intersection Grand Ave A(AJNDA 1TO'l NO TO: FROM: DATE: SUBJECT: BACKGROUND CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL MAYOR AND CITY COUNCIL ROBERT A. BRADY, CITY MANAGER OCTOBER 10, 2006 RESOLUTION TO APPROVE GRANT FOR PROPOSITION 50 On November 5, 2002, California voters passed the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50) adding to the California Water Code, Section 79541, authorizing the Legislature to approve $100 million for acquisition, restoration, protection and development of river parkways. DISCUSSION The City of Lake Elsinore will be submitting a grant application requesting grant support in the amount of $2.4 million. The City's match will be approximately $600,000, which is available through park in -lieu fees and unallocated revenues. The grant application requires City Council approval for authorizing the submittal of the application along with minute excerpts of all action taken. The project being proposed facilitates the construction of Phase I of the Riverwalk Project located in that section of the outflow channel between Lakeshore Drive and Limited Street. The improvements will include the installation of a prefabricated pedestrian bridge with entry and exit plazas and both hardscape and landscape improvements to match existing channel improvements. In addition, channel modifications are proposed from Heald to Flint Street, which would complete channel improvements through the Historic Downtown area. A 1.7 mile long decomposed granite trail would be provided utilizing the balance of the outflow channel from Flint to Riverside Drive making the channel accessible until future permanent improvements are made. 1 11 REPORT TO CITY COUNCIL OCTOBER 10, 2006 PAGE 2 Staff has provided a "Project Summary" as part of the report. FISCAL IMPACT Should the City be awarded the grant, a combination of park in -lieu fees and unallocated revenues would be utilized to provide the City contribution of $500,000. RECOMMENDATION It is staffs recommendation that the City Council adopt Resolution No. 2006 -/Z approving the application for grant funds for the California River Parkways Grant Program under the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50). PREPARED BY: APPROVED FOP AGENDA BY: DAVID W. SAPP, DIRECTOR OYCOMMUNI SERVICES RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,. APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 (PROPOSITION 50). WHEREAS, the Legislature and Governor of the State of California have provided Funds for the above - entitled program; and WHEREAS, the Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, procedures established by the State Resources Agency require a resolution certifying the approval of application(s) by the Applicant's governing board before submission of said application(s) to the State; and WHEREAS, the City, if selected, will enter into an agreement with the State of California to carry out the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council hereby approves the following: i. The filing of an application for the Downtown Riverwalk Project (the "Project"), in the amount of $2.4 million; and ii. Certifies that the City understands the assurances and certification in the application, and iii. Certifies that the City will have sufficient funds to operate and maintain the Project consistent with the land tenure requirements; or will secure the resources to do so, and iv. Certifies that it will comply with the provisions of Section 1771.8 of the California Labor Code regarding payment of prevailing wages on projects awarded Proposition 50 Funds, and v. If applicable, certifies that the Project will comply with any laws and regulations including, but not limited to, legal requirements for J CITY COUNCIL RESOLUTION NO. 2006- Page 2 of 2 building codes, health and safety codes, disabled access laws, and, that prior to commencement of construction, all applicable permits will have been obtained, and vi. Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned Project. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 10th day of October, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Lake Elsinore Historical Downtown Riverwalk Extension and Nature Trail 1. PROJECT SUMMARY — Lake Elsinore is the largest natural freshwater lake in southern California. Although the City of Lake Elsinore is considered a Disadvantaged Community, the surrounding area has a wealth of valued aquatic and terrestrial habitat. Lake Elsinore is the terminus of the San Jacinto River, which drains a 780 square mile watershed and is the starting point for Temescal Creek. In this acid region, these riparian and riverine areas act as natural wildlife corridors and were a prime reason why the City of Lake Elsinore was required to set aside more habitat per capita for conservation than any other city under the Western Riverside County Multi- Species Habitat Plan. Unfortunately, one of the best kept secrets within the City of Lake Elsinore is the expansive diversity of habitat and abundance of wildlife, because most of the best viewing locations are inaccessible to the general public. City Management believes an informed citizenry can best preserve, protect and treasure the places they experience with their own senses. Hence, the City proposes to extend improvements to the Historical Downtown Riverwalk and create a 2.5 mile long pedestrian /bicycle nature trail along Temescal Creek to connect people from the downtown to the Collier Wetlands. In 2003, the City initiated improvements of the Lake's outflow channel to Temescal Creek by constructing a riverwalk along two city blocks to promote economic development in the downtown area and enhance the quality of life. With limited local funding, the City targeted improvements to a small segment (0.3 miles) of the riverwalk. The improvements are modeled after the historical theme of nearby Main Street, as shown in the attached reference photos. Due to this previous work, the City has scalable plan drawings and specifications prepared, as well as inter - agency agreements in -place to rapidly implement the proposed improvements. Specifically, the project consists of 0.5 miles of improvements to the Historical Downtown Riverwalk from Lakeshore Drive to Flint Street, including constructing a cement pathway, installing ornamental light standards, benches, decorative fencing, landscaping, planting native grasses on the channel slope for erosion control and installation of interpretive signage of local history, lake and watershed restoration. A prefabricated pedestrian foot - bridge would be installed over the channel at Lakeshore Drive to provide access to the Seaport boat launch and Lakeshore Drive bicycle trail. In addition, a 1.7 mile long pedestrian /bicycle nature trail would be created along Temescal Creek, beginning at Flint Street and ending at Riverside Drive, adjacent to the Collier Wetlands, Improvements to the nature trail would include providing public access at each bridge and roadway crossing, installation of removable decorative bollards at entry points, safety crosswalk upgrades across roadways, paving with crushed granite to reduce dust, as well as signage providing directions, safety information and wetland habitat interpretation. APPLICATION FORM State of California - The Resources Agency - California River Parkways Grant Program Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 — Proposition 50 Project Name Grant Amount Requested: $2,400,000 Historical Downtown Riverwalk Extension Estimated Date of Completion: December 2009 & Nature Trail Project Estimated Total Project Cost: $3,000,000 (State Grant and other funds and In -Kind donations) APPLICANT (Agency and address - including zip code) City of Lake Elsinore check one: 130 S. Main Street Non - Profit County Riverside Nearest City to Project Lake Elsinore Project Address Lake Elsinore,CA 92530 Public Agency LXJ Heald Ave. to Riverside Drive Nearest Cross Street Main Street and Heald Avenue Senate District No. Assembly District No, 37 64 Applicant's Representative Authorized in Resolution Name: Roth Rradv Title: City Mannapr Phone: (90 674-3124 Ext-204 Email Address: bhrady(Mlake- eisinore ora Person with day to day responsibility for project (if different from authorized representative) Name: —Dave, Sapp Title: Director Of Community Services Phone: (951) 674 -3124 EKt -266 Email Address: dsapp&lake- elsinore.org Brief description of project Latitude Longitude The Project will extend Improvements to the Historical Downtown Rlverwalk, as well as create 2.5 miles of pedestrian/bicycle naki a trail for 33° 40' 13" N 117° 19' 42" W public access connecting the Downtown to Collier Wetlands. Benefits Include economic development, habitat enhancement, erosion control, Coordinates Represent: Starting Point augment use of recycled water and public education, Coordinates Determined Using: Topozone (See next page for Instructions and choices) Name of River, Stream or Creek: Temescal Creek Chock only two (2) Rocroation ..... ............................... statutory Habitat .......... ............................... conditions Flood Management ..................... . X Check if project is located in CALFED Solution Area Conversion ...... ............................... San Gabriel and Los Angeles River Watersheds Conservation & Interpretive Enhancement X Disadvantaged Community X For Development Projects -Project Is 11 acres: For Acquisition projects - Project will be acres: 13.200 / 2.5 feet / miles of trails to be created feet/ miles of trails to be created 7 acres of habitat to ba restored acres of habitat to be restored Acres owned In fee simple by Applicant: 0 Acquire in fee simple by Applicant: Acres available under a year lease: Acquire In other than fee simple (explain): Landowner Name: Riverside County Flood Control Acres other interest (explain): Easement Aoreement APN Number(s): Too numerous to list. lPlea. see Da el Map.) APN Number(s): I certify that the Information contained In this project application, including required attachments, is complete and accurate. Signed: Applicant's Authorized Representative as shown in Resolution Date tr � -ti 1W Yr 2 «< � � � _ � � \� ( `d � \' � \tw � � �� \ � � � � � � :� m «.. 3<� y� 2< / � :� {d \� »:� � � � �. \�; )� ���,:����� � k� / \ \\ /gym : »� +ate . �,� � � ..� � J A ?F w 1 ,3 �U r` II� � � t" � n ,: EE(�� � �� �i. ., i � . "'� I's.n 5iz. 934 � I CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: OCTOBER 10, 2006 SUBJECT: FINAL MAP NO. 32991 APPLICANT: COLLIER INVESTMENT GROUP, LLC REQUEST Approval of Final Map No. 32991 for condominium purposes located on approximately 4.89 acres. The proposed map will create two (2) lots, one open space lot (approximately 1.30 acres) and one developable lot (approximately 3.59 acres) where the industrial buildings will be placed. LOCATION The proposed Final Map is located on the southwest side of Collier Avenue between Riverside Drive and Nichols Road. BACKGROUND At their regularly scheduled meeting of May 10, 2005 the City Council approved Tentative Parcel Map No. 32991. DISCUSSION Staff has reviewed the Final Map for Condominium purposes and finds that it substantially conforms to Tentative Parcel Map No. 32991 and that all Conditions of Approval relative to the Final Map approval have been completed. UV:i d V, 1 i i -AV" REPORT TO CITY COUNCIL October 10, 2006 PAGE 2 FISCAL IMPACT None. RECOMMENDATION Staff Recommends that: I. The City Council approve Final Map No. 32991 for Condominium Purposes subject to the City Engineer's acceptance as being true and correct. 2. That the Redevelopment Agency Board concur with the City Council Approval. 3. That the City Council and Redevelopment Agency Board authorize the City Clerk to accept all dedications, sign the mapand arrange for the recordation of Final Map No. 32991. PREPARED BY: KEN A. SEUMALO, CITY ENGINEER �A APPROVED FOR AGENDA BY: Attachment: Vicinity Map AGAJ40A i v:M Nn. 3 PAGE _? OF - VICINITY MAP FINAL MAP NO. 32991 CITY OF LAKE ELSINORE JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY TO: MAYOR AND CITY COUNCIL CHAIRWOMAN AND REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY, CITY MANAGER DATE: OCTOBER 10, 2006 SUBJECT: CONSIDERATION OF COMMERCIAL DESIGN REVIEW NO. 2006-04 FOR THE PROJECT KNOWN AS "MEDICAL & PROFESSIONAL OFFICE BUILDINGS ". APPLICANT: HC &D ARCHITECTS (ATTN: MR. CHRIS LINDHOLM) 250 E. RINCON STREET, SUITE 106, CORONA, CA 92879 LOCATION: The project lies within Area A of Redevelopment Project Area No. 2, more specifically on the south side of Canyon Estates Drive and west of Summerhill Drive (APN 365 -550 -014). REQUEST The applicant requests approval of: • Commercial Design Review No. 2006 -04. The applicant is requesting Design Review consideration for the design and construction of a two -story, 33,240 square -foot professional office building and a 31,900 square foot two -story medical office building and related improvements pursuant to the applicable chapters of the Canyon Creek " Summerhill" Specific Plan and Lake Elsinore Municipal Code (LEMC). BACKGROUND At a regularly scheduled meeting of September 19, 2006, the Planning Commission adopted Resolution No. 2006 -96 recommending to the City Council approval of Commercial Design Review No. 2006 -04 to design and construct the proposed medical office building. AGENDA ITE" "; �- PAGE 1 OF `� REPORT TO THE CITY COUNCIL OCTOBER 10, 2006 PAGE 2 OF 3 DISCUSSION There was minimal Planning Commission discussion associated with the proposed project. Issues centered on the amount of traffic that would be generated by the development, number of onsite parking spaces and potential construction noise impacts on adjacent residences. It was concluded that the potential road impacts associated with traffic were already addressed when the project site was previously rezoned to allow for both professional office and medical offices as permitted uses onsite. The City Engineer indicated that a condition of approval has been added requiring that a traffic study be prepared by the developer prior to building permit issuance to determine if a signal light is warranted at the project entry drive along Canyon Estates Drive. With regard to adequacy of onsite parking, planning staff informed the Conunission that the number of spaces proposed and parking lot design both comply with the recently amended parking code which now requires one parking space for each 175 square feet of medical office and a minimum 26 -foot wide drive aisles. With regard to potential noise impacts, the Commission added a condition requiring that a construction hour sign be posted at the site entrance during the construction of the buildings. Overall, the Commission was pleased with the design and architecture associated with the facility given its visibility from the Interstate 15 freeway. FISCAL IMPACT The professional and medical office development will have a positive fiscal impact on the cormnunity and the City in that the proposed use will expand the availability of professional job opportunities and needed medical services for the surrounding area. RECOMMENDATION The Planning Commission recommends that the City Council adopt the following Resolutions: 1. City Council Resolution No. 2006-!);' making Findings of Consistency with the Multi- Species Habitat Conservation Plan. 2. City Council Resolution No. 2006 - approving Commercial Design Review No. 2006 -04. AGENDA HTM pncr 2. REPORT TO THE CITY COUNCIL OCTOBER 10, 2006 PAGE 3 OF 3 Staff recommends that the Agency Board concur with the City Council adoption of Resolution No. 2006 -Li making Findings of Consistency with the Multi- Species Habitat Conservation Plan and Resolution No. 2006•_alapproving Commercial Design Review No. 2006 -04. PREPARED BY: MATTHEW C. HARRIS, SENIOR PLANNER APPROVED FOR AGENDA BY: CITY VAG R'S OFFICE ATTACHMENTS 1. Vicinity Map. 2. City Council Conditions of Approval 3. City Council Resolution No. 2006 -W, making Findings of Consistency with the MSHCP. 4 City Council Resolution No. 2006 -_, approving Commercial Design Review No. 2005 -08. 5. Planning Commission Staff Report and Resolutions from the September 19, 2006 Meeting, 6. Minutes from September 19, 2006 Planning Commission Meeting. 7. Project Plans. puEtdDAPMN, Pict_ 3 VICINITY MAP C 2006-04 r � i AGENDA ITEM NO,- Z'- - CONDITIONS 0 APPROVAL FOR COMMERICAL DESIGN REVIEW NO.2006 -04 MEDICAL & OFFICE COMPLEX PLANNING General Conditions: 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the commercial project, which action is bought within the time period provided for in California Government Code Sections 65009 and /or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. if the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. Approval for Commercial Design Review No. 2005 -08 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 3. Any alteration or expansion of a project for which there has been a "Design Review" approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be reviewed according to the provisions of Chapter 17.82 in a similar manner as a new application. 4. No structure which has received a 'Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. Planning Commission Approved W19/2onh ACENDA 1 TEEN! N o. . � R_ CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006 -04 Page 2 of 12 5. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 6. All site improvements approved with thisxequest shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. 7. 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 at (951) 674 -3124. (Added by Planning Commission 9- 19 -06) 8. Applicant shall comply with all mitigation measures associated with the Environmental Impact Report for the Canyon Creek Specific Plan and Mitigated Negative Declaration for Canyon Creek Specific Plan Amendment No. 1 as applicable. 9. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission /City Council through subsequent action. 10. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 11. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets. All light fixtures shall compliment the architectural "style of the building. 12. Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. Planning Commission Approved Agenda 91191 ?COG Page_ � of-AN CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006.04 Page 3 of 12 13. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee prior to issuance of Certificate of Occupancy. 14. No exterior roof ladders shall be permitted. 15. All exterior downspouts shall be concealed within the building. 16. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 17. Materials and colors depicted on the plans and materials board shall be used unless modified by the Director of Community Development or designee. The colors and materials include the following: Upper Field Color Vista Paint 8592 "Fresh Sawdust" Lower Field Color Vista Paint 8599 "Brighton Beach" Storefront Green Tint with Anodized Aluminum Frame 18. On -site surface drainage shall not cross sidewalks. 19. Parking stalls shall be double - striped with four -inch (4 ") lines two feet (2') apart. 20. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. Prior to Issuance of Building/Grading Permit: 21. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. Planning Commission Approved Agenda Y2 � 9/19/200( Rage 2 of 4R CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW N0.2006 -04 Page 4 of 12 22. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. c. Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). d. Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of thirty feet (30) apart and at least twenty - four -inch (24 ") box in size. e. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. f. Shrubs and vines shall be planted around the onsite trash enclosure to soften the structure. The landscape and irrigation plan shall be revised accordingly. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. Thirty percent of shrubs required on slopes shall be five- gallon container size. h. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval /acceptance by Planning Commission Approval Agenda . 9/19i ?OOG Page of CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006 -04 Page 5 of 12 the Landscape Consultant and Community Development Director or Designee. i. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. Final landscape plan must be consistent with approved site plan. j. Final landscape plans to include planting and irrigation details. k. The African Sumac trees proposed around the perimeter of the onsite parking lot shall be replaced with a variety of tree that has a wider canopy at maturity such as a Camphor Tree. Please revise final landscape plan accordingly. 23. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 24. Decorative light fixtures shall be placed within the onsite parking lot. The fixtures shall be ADA compliant and shall compliment and enhance the architectural style of the buildings onsite. The specific fixture type shall be reviewed and approved by the Community Development Director or designee and shall be shown on the construction drawings. ENGINEERING DEPARTMENT General Requirements: 25. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. Planning Commission Approved Agoida .� . 91;19/2006 q Pagc \ of� CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006 -04 Page 6 of 12 26. 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. 27. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 28. An Encroachment Permit shall be obtained prior to any work on City right -of -way. 29. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. Overhead utilities shall be undergrounded. 30. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 31. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 32. Provide fire protection facilities as required in writing by Riverside County Fire. 33. Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, TIF, Railroad Canyon Road Benefit District Fees, and area drainage fees. 34. Ten 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities shall be provided. 35. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. Planning Commission Approval Agenda_ 9(1912006 Pago -L( or—�a CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006 -04 Page 7 of 12 36. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %2" x I I" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 37. Slopes and landscaping along Canyon Estates Drive including within public right -of -way shall be maintained by property owner's association. 38. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right -of -way shall be owned and maintained by property owner's association. 39. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 40. 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. 41. 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. 42. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 43. 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. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 44. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, Planning Commission Approved Agenda 9/19/2006 Pege 1\ or M CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006.04 Page 8 of 12 Pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 45. Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) 46. 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 ru ohibit the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. Prior to Approval of final site plan and grading plan, unless other timing is indicated, the applicant shall complete the following or have plans submitted and approved, agreements executed and securities posted: 47. The applicant shall dedicate 2' of additional right-of-way on Canyon Estates Drive such that the ultimate right -of -way width to centerline is 45 feet. Canyon Estates shall be widened to meet General Plan street of 35 feet from centerline to curb face. In -lieu fee based on recent engineer's estimate may be substituted for construction of ultimate improvements as approved by the City Engineer. 48. The driveway access shall be widened to provide two lanes for egress (right and left/thru). Median nose shall be located out of public r /w. The queing storage for entrance to the site shall be at least 50 feet from the ultimate curbline of Canyon Estates Drive. 49. Sidewalk improvements shall include ADA ramps at curb returns.! Planning Commission Approved Agenda G.....1 9119/2006 Page 1^ � of� CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006 -04 Page 9 of 12 50. The applicant shall provide a revised signing and striping plan for Canyon Estates Drive, from Ridgeerest/project access to Franklin. 51. The applicant shall provide a traffic study: The study shall be per County guidelines and scope of work approved by the City. The study's recommended traffic improvements, if approved by the city, shall be completed by the applicant as part of this project. Prior to Issuance of a Grading Permit: 52. 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. 53. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 54. Construction Project access and hauling route shall be submitted and approved by the City Engineer, 55. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 56. An Alquist- Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site. 57. The applicant shall obtain all necessary off-site easements and/or permits for off -site grading and /or drainage acceptance from the adjacent property owners prior to grading permit issuance. 58. 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. Planning Commission Appimcd Aswda s�- 9/19/2006 Page of CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006 -04 Page 10 of 12 59. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. Prior to Issuance of Building Permit: 60. 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. 61. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 62. The applicant shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 63. Pay all Capital Improvement TIF, Railroad Canyon Benefit District Fees, and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy: 64. 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. 65. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Planning Commission Approvcd Agenda - -�..1 9!19/2006 Page I� of C& CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006 -04 Page 11 of 12 Engineering Division before final inspection of off -site improvements will be scheduled and approved. 66. All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 67. All signing and striping and traffic control devices shall be installed. This includes Street Name Signs, Parking and Stop signs, for streets within the project. 68. Water and sewer improvements shall be completed in accordance with Water District requirements. 69. Proof of acceptance of maintenance responsibility of slopes, open spaces, and drainage facilities shall be provided. 70. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. COMMUNITYDEVELOPMENT DEPARTMENT 71. The applicant shall pay park fees of $0.10 per square foot for all interior commercial /industrial space. 72. The applicant shall comply with all NPDES storm water requirements. 73. The applicant shall participate in the City -wide LLMD. 74. The applicant shall annex into LLMD District 1 for all exterior landscaping to be maintained by the City. 75. Developer to comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. RIVERSIDE COUNTY FIRE DEPARTMENT 76. The applicant shall comply with all Riverside County Fire Department conditions and standards. Planning Commission Approved Agenda 9/19/ ?006 I'agc \5 of Ja CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006.04 Page 12 of 12 BUILDING AND SAFETYDEPARTMENT 77. ADA Path of Travel to the public right -of -way shall be completed prior to issuance of Certificate of Occupancy. ADMINISTRATIVE SERVICES 78. "Prior to issuance of a building permit, the developer shall annex into the Mello -Roos Community Facilities District 2006 -5 to fund the on -going operation and maintenance of the new parks, open space and public storm drains constructed as a result of the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Applicant shall make a $4,200 non - refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655 -3900 x334 or danderson@harris- assoc.com." 79. "Prior to the issuance of a building permit, the developer shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City and for street lights in the public right - of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. Applicant shall make a $4,700 non- refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates' at (949) 655 -3900 x334 or danderson@harris-assoc.com." Planning C "ommission Approved Agenda ,1. � 9n u1?onr> Page 16 erg. RESOLUTION NO. 2006- ' ; r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI. - SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS LAKE ELSINORE MEDICAL PLAZA WHEREAS, HC &D Architects, CIO Chris Lindholm, has submitted application for Lake Elsinore Medical Plaza located on the south side of Canyon Estates Drive and west of Summerhill Drive; and WHEREAS, the application comprises the "project" as defined by California Public Resources Code Section 21065, which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, the project has been found exempt from further environmental review in accordance with California Public Resources Code, Article II, Section 15162 ; 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 10, 2006. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed application and its consistency with the MSHCP prior to making a decision to adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code (LEMC) and the MSHCP, the City Council makes the following findings for MSHCP consistency: MSHCP CONSISTENCY FINDINGS 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. ) rp GF ._. CITY COUNCIL RESOLUTION NO. 2006- _ PAGE 2 OF 4 Pursuant to the City's MSHCP Resolution, the project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements. " The proposed project site lies within Criteria Cells #4646 and #4647. However, based upon a verbal "common law vested rights agreement " between the City and the previous landowner, the site was exempted from the MSHCP. This agreement was the result of the previous landowner's extensive costs associated with infrastructure and road construction in that area prior to the City's involvement in the MSHCP. Accordingly, the current proposed project would also be subject to this same agreement. City Planning Staff conducted a site reconnaissance survey to ensure that no issues could be raised regarding consistency with the MSCHP's other "Plan Wide Requirements ". The only requirements potentially applicable to the proposed project were the Protection of Species Associated with RiparianlRiverine Areas and Vernal Pool Guidelines (MSHCP, § 6.1.2) and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4). The proposed project site has already been graded as approved under the previous agreement and no habitat is present on site, including riparianlriverine areas or vernal pools. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the City exempted this site from the MSHCP and therefore it was not processed through a Joint Project Review. 3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. The proposed project was exempted from the MSHCP. Further, a site reconnaissance survey was conducted, and no riparian, riverine, vernal pool /fairy shrimp habitat or other aquatic resources were identified on the proposed project site. As such, the RiparianlRiverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable to the proposed project. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The proposed project was exempted from the MSHCP. Further, the site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are required for the proposed project. Therefore, Protection of Narrow Endemic Plant CITY COUNCIL RESOLUTION NO. 2006- PAGE 3 OF 4 Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the proposed project. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The proposed project was exempted from the MSHCP. Further, the MSHCP only requires additional surveys for certain species if the project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The project site is located outside of any Critical Area Species Survey Areas. Therefore, it can be concluded that the provisions as set forth in Section 6.3.2 of the MSHCP are not applicable to the proposed project. 6. The proposed project is consistent with the Urban /Wildlands Interface Guidelines. The proposed project was exempted from the MSHCP. Further, the project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban /Wildlands Interface Guidelines as set forth in Section 6.1.4 in the MSHCP are not applicable to the proposed project. No additional mitigation measures or conditions of approval are required. 7. The proposed project is consistent with the Vegetation Mapping requirements. The proposed project was exempted from the MSHCP. Further, the entire proposed project site has been rough - graded. There are no resources located on the project site requiring mapping as set forth in Section 6.3.1 of the MSHCP. 8. The proposed project is consistent with the Fuels Management Guidelines. The proposed project was exempted from the MSHCP. Further, the project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable to the proposed project. No additional mitigation measures or conditions or approval are required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. \.. CITY COUNCIL RESOLUTION NO. 2006- PAGE 4 OF 4 I O.The proposed project is consistent with the MSHCP. As stated in No. 1 above, the proposed project was exempted from the MSHCP based upon a "common law vested rights agreement " between the City and the previous landowner. That exemption continues to apply to the current proposed project. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 10th day of October, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Fredrick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore PAG RESOLUTION NO. 2006- +').'.' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2006 -04 FOR A TWO -STORY MEDICAL OFFICE BUILDING AND TWO -STORY PROFESSIONAL OFFICE BUILDING WITHIN THE CANYON CREEK "SUMMERHILL" SPECIFIC PLAN WHEREAS, Chris Lindholm, HC &D Architects, has initiated proceedings for Commercial Design Review No. 2006 -04 for the design and construction of a two -story medical office building and a two -story professional office building with related improvements located at APN 363 -550 -014; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on September 19, 2006 made its report upon the desirability and made its recommendation in favor of the project by adopting Planning Commission Resolution No. 2006 -96 Recommending to the City Council approval of Commercial Design Review No. 2006 -04; and WHEREAS, public notice of said application has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on October 10, 2006. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed project prior to malting a decision to approve Commercial Design Review No. 2006 -04. The City Council finds and determines that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15162. SECTION 2. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of the Commercial Design Review No. 2006 -04: 1. The project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the project is located. The proposed Commercial Design Review located within Assessor Parcel Number(s) 363 -550 -014 complies with the goals and objectives of the AGENDA ITE;A PAGE_` k _or -_ 1 CITY COUNCIL RESOLUTION NO, 2006 - PAGE 2 OF 3 General Plan and, Canyon Creek "Summerhill" Specific Plan in that the approval of these medical and professional offices will assist in the creation of additional job opportunities and increased medical facility options within the community. Moreover, the project will assist in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging commercial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in the Canyon Creek "Summerhill" Specific Plan, Section 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. The proposed Commercial Design. Review located at Assessor Parcel Number(s) 363 -550 -014 is appropriate to the site and surrounding developments in that the medical office building and professional office building have been designed in consideration of the size and shape of the property. Sufficient setbacks and onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along the street. In addition, safe and efficient circulation has been achieved onsite. Further, the project, as proposed, will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed development and existing projects in that the applicant is providing a "Spanish" architectural design with various elements which serve to enhance the building. Moreover, a variety of materials and colors are proposed including decorative wrought iron accents, decorative light fixtures and earth tone colors that serve to blend with surrounding developments and provide evidence of a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Commercial Design Review 2006 -04, located at Assessor Parcel Number 363 -550 -014, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. The potential impacts associated with the project do not result in substantial change to the previously certified Canyon Creek "Summerhill" Specific Plan Mitigated Negative Declaration. Therefore, no additional environmental review is necessary for the proposed project pursuant to Section 15162. CITY COUNCIL RESOLUTION NO. 2006 -_ PAGE 3 OF 3 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the proposed Commercial Design Review located at Assessor Parcel Number(s) 363 -550 -014 has been scheduled for consideration and approval of the Planning Commission. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 10th day of October 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Fredrick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: FROM: DATE: PREPARED BY: PROJECT TITLE: APPLICANT: OWNER: PROJECT REQUEST CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT SEPTEMBER 19, 2006 MATTHEW C. HARRIS, SENIOR PLANNER COMMERCIAL DESIGN REVIEW NO. 2006-04 "MEDICAL & OFFICE BUILDING COMPLEX" HC &D ARCHITECTS (ATTN: CHRIS LINDHOLM), SUITE 106, CORONA CA 92879. OMNI WEST GROUP INC. (ATTN: KIPP DUBBS) The applicant is requesting Design Review consideration for the design and construction of a two -story 33,240 square -foot professional office building and a 31,900 square -foot two -story medical office building with related improvements within the Neighborhood Commercial (C -1 /SP) zoning district of the Canyon Creek " Smnmerhill" Specific Plan. Review is pursuant to the Canyon Creek Specific Plan and Chapter 17.82 (Design Review) of the LEMC. PROJECT LOCATION The 5.19 -net acre project site is located on the south side of Canyon Estates Drive and west of Summerhill Drive, Assessor Parcel Number 365 - 550 -014. BACKGROUND The subject property, which consists of a previously graded and improved vacant pad, is located within the Neighborhood Commercial (C -1 /SP) zoning district of the AGENDA ITEM 2_1 PAGE ��k OF_�a PLANNING COMMISSION STAFF REPORT SEPTEMBER 19, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-04 Canyon Creek "Summerhill "Specific Plan. Since project submittal, staff has worked successfully with the applicant to achieve additional articulation along both the front and rear building elevations by adding additional roof plane breaks and building ornamentation. In addition, at staff's request, the applicant has added significant decorative paving treatments, trellis structures and a large decorative "water feature" adjacent to the main building entrance. ENVIRONMENTAL SETTING PROJECT DESCRIPTION The project site is located within the Neighborhood Commercial (C -1 /SP) zoning district of the Canyon Creek "Summerhill' Specific Plan. Section 020.13. & V. of the Specific Plan allows offices and medical complexes, including medical, dental and health related services as permitted uses. AGENDA ITEM _rL PAGE aS OF V\ 'EXISTING ZOMNG GENERAL PLAN LAND USE . Project Vacant GI /SP Site Neighborhood Canyon Creek Commercial "Summerhill" Specific Plan Specific Plan North Residential Single- Family Canyon Creek Residential (R -1) "Summerhill" S eci to Plan South Interstate 15 Freeway East Hotel/Medical Office C -1 /SP Canyon Creek Neighborhood "Summerhill" Commercial Specific Plait Sp eci tc Plan West Vacant C 1 /SP Canyon Creek Neighborhood "Summerhill" Commercial Specific Platt S eci tc Plat: PROJECT DESCRIPTION The project site is located within the Neighborhood Commercial (C -1 /SP) zoning district of the Canyon Creek "Summerhill' Specific Plan. Section 020.13. & V. of the Specific Plan allows offices and medical complexes, including medical, dental and health related services as permitted uses. AGENDA ITEM _rL PAGE aS OF V\ PLANNING COMMISSION STAFF REPORT SEPTEMBER 19, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-04 Sitln2 The applicant is proposing to construct a two -story professional office building and a two -story medical office building at the center of the project site. The site has been previously graded and supplied with necessary improvements and utilities. The total footprint of the buildings is 33,022 square -feet and will cover approximately 14.6% of the site. Moreover, a floor area ratio (FAR) of 29% is proposed onsite. The remainder of the property will consist of onsite parking facilities and landscaping. Circulation and Parking _Space Layout A single access point shall be provided off of Canyon Estates Drive. The access point has been designed to align with Ridgecrest Drive located across Canyon Estates Drive to the north. Parking will be provided around all four sides of the building and is accessed via two -way drive aisles. An onsite trash enclosure has been provided at the northwest corner of the parking lot. A loading area has been provided at the main building entrance. Architecture The architectural style of the proposed office buildings is "Spanish" in accordance with the Canyon Creek Specific Plan Architectural Design Guidelines. The front elevations of each building, which extend over 220 feet in length, have been sufficently articulated with six -foot deep main entry elements and three -foot deep pop -outs on either side of the main entrance. The side building elevations, which will be visible from Interstate 15, mandate elevations that are well articulated in order to provide visual interest. Building articulation has been achieved with three and one -half foot deep "pop- outs" along both the elevations. Moreover, a decorative connecting wall has been added between the two buildings which include large decorative arches and wrought iron elements serving to further break -up the elevations and add interest. In addition, decorative trellis features will be utilized to create significant variation in wall planes and strong shadows at main building entrances. The height of the parapet walls has also been varied to break -up and add interest to the building's roofline. Proposed window and door types compliment the architectural style and have been appropriately ornamented. Moreover, architectural elements that add interest, scale and character have been incorporated throughout the project. These elements include decorative wrought iron and trellis structures, archways, and window surrounds. AGENDA ITEM PAGE d.6 OF �. PLANNING COMMISSION STAFF REPORT SEPTEMBER 19, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-04 Landscaping The applicant is proposing to develop the site with 75,541 square feet of landscaping which constitutes thirty -three (33 %) percent of the site. A minimum of ten percent (10 %) of the site is required to be landscaped. The proposed tree palette includes the use of 36" box size Crape Myrtle trees at the site entrance and 36" box Western Redbud trees within the interior courtyard between the two buildings. Five (5) other tree species will be utilized onsite including Mexican Fan Palms at the main building entrances which serve to compliment and formalize the proposed architectural style of the buildings. The buildings will be sited on an island of landscaping. A variety of foundation and parking lot plantings are proposed which will serve to soften building elevations, including, but not limited to Daylily, Acacia and Purple Hopseed Bush. Enhanced paving has been provided at both the site entrance and the main building entrances. The enhanced paving will serve to create a courtyard effect. In addition, a large decorative fountain has been added on the east side of Building 2 serving to further formalize and enhance the main entrance into the facility. Color and Materials The applicant is proposing six (6) different colors on the buildings. The architectural design will be further enhanced and the appearance of additional offsets and depth will be achieved with the chosen color scheme. The contrasting colors are complimentary and have been chosen to enhance architectural elements within the project. The proposed green glass windows will further serve to compliment the building color scheme. ANALYSIS Siting The proposed site plan meets all applicable development standards and criteria outlined in the Neighborhood Commercial (C -1 /SP) zoning district of the Canyon Creek "Smnmerhill " Specific Plan and the Non — Residential development standards outlined in LEMC Section 17.38. Moreover, the project complies with the onsite parking standards listed in LEMC Section 17.66. Pursuant to the C -1 /SP zone, the maximum AGENDA ITEM 2-q PAGE �� OF t-1 PLANNING COMMISSION STAFF REPORT SEPTEMBER 19, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-04 Floor Area Ratio (FAR) allowed is forty percent (40 %). The applicant is only proposing a twenty-nine percent (29 %) FAR, well below the maximum allowed. Additionally, the project siting complies with all perimeter setbacks. Circulation and Parkintz Space Layout The circulation and parking space layout meets the requirements set forth in LEMC Section 17.66.Additionally, adequate turning radii and turnarounds have been provided for emergency vehicles, trash and delivery truck's. Staff has determined that three - hundred and eighteen (318) parking spaces are required onsite including one - hundred thirty-five (135) spaces for Building No. 1 and one - hundred and eighty-three (183) spaces for Building No. 2. The amount of parking spaces provided for the medical building complies with the recently adopted requirement of one space per one - hundred seventy-five feet of floor area. Moreover, no compact spaces have been provided onsite. Architecture The architectural design of the office buildings complies with the Architectural Design Guidelines listed in the Canyon Creek " Surnmerhill ° Specific Plan. Additionally, the architecture of the buildings has been designed to achieve harmony and compatibility with surrounding residential, commercial and office 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 planes along the exterior walls, which will create depth and shadow. Moreover, the maximum height of the buildings are below the building height requirement specified in the C -1 /SP zoning District (35- feet). Landscaping The landscape design for the project site complies with the requirements set forth within Section 070 of the Neighborhood Commercial (C -1 /SP) zoning district. The proposed landscaping improvements serve to enhance the building design and soften portions of building elevations, as well as complimenting surrounding properties. AGENDA ITEM r a PAGE o OP �� PLANNING COMMISSION STAFF REPORT SEPTEMBER 19, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-04 Noise The project site is located within the 65 Ldn noise contour which emanates from Interstate -15 traffic noise. However, General Plan Noise Element Table X -1 indicates that professional office uses are clearly compatible with the 65 Ldn noise level without having to achieve any special attenuation methods. Color and Materials The colors and materials proposed for this project meet the intent of the Design Guidelines of the Canyon Creek "Summerhill " Specific Plan, in that the colors and materials proposed, will serve to produce diversity and enhance the architectural effects. Additionally, the colors and materials proposed will assist in blending the architecture into the existing landscape. ENVIRONMENTAL DETERMINATION Staff has determined that the potential environmental impacts associated with the construction of the medical office facility have all been previously addressed in the Mitigated Negative Declaration (MND) for the Canyon Creek "Summerhill" Specific Plan Amendment No. 1. In addition, 1) No substantial project changes are proposed that would require major revisions to the MND; 2) No substantial changes will occur with respect to the circumstances under which the project is undertaken and 3) No new information of substantial importance has been identified since the previous MND was certified. Therefore, no subsequent environmental analysis is necessary pursuant to Section 15162 of the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the Planning Commission adopt; Resolution No, 2006 - recommending City Council adoption of findings of consistency with the Multi - Species Habitat Conservation Plan and Resolution No. 2006 -_ recommending to the City Council approval of Commercial Design Review No. C 2006 -04 based on the following Findings, Exhibits "A" thru "I" and the proposed Conditions of Approval. AGENDA ITEM f) -1 PAGE oC.1 OF_ LA'� PLANNING COMMISSION STAFF REPORT SEPTEMBER 19, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006 -04 PREPARED BY: MATTHEW C. HARRIS, SENIOR PLANNER APPROVED BY: Rolfe M. Preisendanz, Director of Community Development ATTACHMENTS: 1. LOCATION MAP 2. PLANNING COMMISSION RESOLUTIONS 3. CONDITIONS OF APPROVAL 5. EXHIBITS • REDUCTIONS (8' /z x 11) Exhibit A Site Plan Exhibit B Site Details Exhibit C Grading Plan Exhibit D Landscaping Plan Exhibit E 1" Floor Plan Exhibit F 2`I Floor Plan Exhibit G Building Elevations Exhibit H Building Cross - Sections Exhibit I Cross - Sections ■ FULL SIZE PLAN SET AGENDA ITEM 2. PAGE �O OF 4 ql n 0 7 10 pACE 3t JOF Xc. i'R'tAt��I� n 0 7 10 pACE 3t JOF Xc. „a a . 9f f h � ft ffi "IN _,4 7 a 3 1 � d t n 0 7 10 pACE 3t JOF !! ;iE 'Jill y f[+5 i W c s � J C i k S + � � E d� 1 I F �P If.I..i WZ 0 0 0 0 0 0 0 0 00<&'o 0 0 0 0 ® 0® 0 0© 0 0 0 0 0 1, ® ® ®® ® 0 R11 g s q9; "f9 1p B a` "• a p oil of All TIP 114 ,till H n Y tq n " 6 SITE PIMI OYNI WEST GAWP, INC. "LAKE Elal -„IIE YEgCTL � � E I g TIP 114 ,till H n Y tq n " 6 SITE PIMI OYNI WEST GAWP, INC. "LAKE Elal -„IIE YEgCTL i --AL O—Ml R D G ry FLO.uR iPeRL."NtK -LAKE ELSIKO E W. M AI GMNIRI VWixEEf S , ET c fMGA RloG1 xUNP, O I NC. 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W --. it ;I i 1XIII, I P 1:1 U RAHN p lit '141 1 AR J®R 1,115, y, l''j'1��'l� , �����r Sid HIRE!&CANNONS M RESOLUTION NO. 2006- 95 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS OF CONSISTENCY WITH THE MULTI - SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS LAKE ELSINORE MEDICAL WHEREAS, HC &D Architects, C/O Chris Lindholm, has submitted application for Lake Elsinore Medical located on the south side of Canyon Estates Drive and west of Summerhill Drive; and WHEREAS, the application comprises the "project" as defined by California Public Resources Code Section 21065, which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, the project has been found exempt from further environmental review in accordance with California Public Resources Code, Article II, Section 15162 ; and WHEREAS, public notice of the project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on September 19, 2006. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed application and its consistency with the MSHCP prior to making a decision to recommend that the City Council adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code (LEMC) and the MSHCP, the Planning Commission makes the following findings for MSHCP consistency: PLANNING COMMISSION RESOLUTION NO. 2006- 95 PAGE 2 OF 4 MSHCP CONSISTENCY FINDINGS The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements. " The proposed project site lies within Criteria Cells #4646 and #4647. However, based upon a verbal "common law vested rights agreement" between the City and the previous landowner, the site was exempted from the MSHCP. This agreement was the result of the previous landowner's extensive costs associated with infrastructure and road construction in that area prior to the City's involvement in the MSHCP. Accordingly, the current proposed project would also be subject to this same agreement. City Planning Staff conducted a site reconnaissance survey to ensure that no issues could be raised regarding consistency with the MSCHP's other "Plan Wide Requirements ". The only requirements potentially applicable to the proposed project were the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, § 6.1.2) and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4). The proposed project site has already been graded as approved under the previous agreement and no habitat is present on site, including riparian/riverine areas or vernal pools. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the City exempted this site from the MSHCP and therefore it was not processed through a Joint Project Review. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines, The proposed project was exempted from the MSHCP. Further, a site reconnaissance survey was conducted, and no riparian, riverine, vernal pool /fairy shrimp habitat or other aquatic resources were identified on the proposed project site. As such, the Riparian /Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable to the proposed project. PLANNING COMMISSION RESOLUTION NO. 2006- 95 PAGE 3 OF 4 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The proposed project was exempted front the MSHCP. Further, the site does not fall within. any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are required for the proposed project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the proposed project. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The proposed project was exempted from the MSHCP. Further, the MSHCP only requires additional surveys for certain species if the project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The project site is located outside of any Critical Area Species Survey Areas. Therefore, it can be concluded that the provisions as set forth in Section 6.3.2 of the MSHCP are not applicable to the proposed project. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The proposed project was exempted from the MSHCP. Further, the project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban /Wildlands Interface Guidelines as set forth in Section 6.1.4 in the MSHCP are not applicable to the proposed project. No additional mitigation measures or conditions of approval are required. 7. The proposed project is consistent with the Vegetation Mapping requirements. The proposed project was exempted from the MSHCP. Further, the entire proposed project site has been rough- graded. There are no resources located on the project site requiring mapping as set forth in Section 6.3.1 of the MSHCP. 8. The proposed project is consistent with the Fuels Management Guidelines. The proposed project was exempted from the MSHCP. Further, the project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of PLANNING COMMISSION RESOLUTION NO. 2006- 95 PAGE 4 OF 4 the MSHCP are not applicable to the proposed project. No additional mitigation measures or conditions or approval are required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10.The proposed project is consistent with the MSHCP. As stated in No. I above, the proposed project was exempted from the MSHCP based upon a "common law vested rights agreement " between the City and the previous landowner. That exemption continues to apply to the current proposed project. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 19th day of September, 2006, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development RESOLUTION NO. 2006-96 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2006 -04 FOR A TWO - STORY MEDICAL OFFICE BUILDING AND TWO -STORY PROFESSIONAL OFFICE BUILDING WITHIN THE CANYON CREEK "SUMMERHILL" SPECIFIC PLAN WHEREAS, Chris Lindholm, HC &D Architects, has initiated proceedings for Commercial Design Review No. 2006 -04 for the design and construction of a two -story medical office building and a two -story professional office building with related improvements located at APN 363 -550 -014; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for Design Reviews; and WHEREAS, public notice of said application has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on September 19, 2006. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered Commercial Design Review No. 2006 -04 prior to making a decision to recommend that the City Council approve the proposed medical office building and professional office building. SECTION 2. The Planning Commission finds and determines that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section. 15 162. 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 the approval of the Commercial Design Review No. 2006 -04: PLANNING COMMISSION RESOLUTION NO. 2006 -96 PAGE 2 OF 3 1. The project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the project is located. The proposed Commercial Design Review located within Assessor Parcel Number(s) 363 -550 -014 complies with the goals and objectives of the General Plan anal, Canyon Creek "Summerhill " Specific Plan in that the approval of these medical and professional offices will assist in the creation of additional job opportunities and increased medical facility options within the community. Moreover, the project will assist in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging commercial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in the Canyon Creek "Summerhill" Specific Plan, Section 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. The proposed Commercial Design Review located at Assessor Parcel Number(s) 363 -550 -014 is appropriate to the site and surrounding developments in that the medical office building and professional office building have been designed in consideration of the size and shape of the property. Sufficient setbacks and onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along the street. In addition, safe and efficient circulation has been achieved onsite. Further, the project, as proposed, will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed development and existing projects in that the applicant is providing a "Spanish" architectural design with various elements which serve to enhance the building. Moreover, a variety of materials and colors are proposed including decorative wrought iron accents, decorative light fixtures and earth tone colors that serve to blend with surrounding developments and provide evidence of a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Commercial Design Review 2006 -04, located at Assessor Parcel Number 363 -550 -014, as reviewed and conditioned by all applicable City divisions, PLANNING COMMISSION RESOLUTION NO. 2006 -96 PAGE 3 OF 3 departments and agencies, will not have a significant effect on the environment. The potential impacts associated with the project do not result in substantial change to the previously certified Canyon Creek "Summerhill" Specific Plan Mitigated Negative Declaration. Therefore, no additional environmental review is necessary for the proposed project pursuant to Section 15162. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the proposed Commercial Design Review located at Assessor Parcel Number(s) 363 -550 -014 has been scheduled for consideration and approval of the Planning Commission. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 19th day of September 2006, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTESSTT:�J Role M. Preisendanz, Director of Community Development Michael O'Neal, Chairman City of Lake Elsinore AUNOAITC"%�Rio. 21 CITY OF LAKE ELSINORE JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY TO: MAYOR AND CITY COUNCIL CHAIRWOMAN AND REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY, CITY MANAGER DATE: OCTOBER 10, 2006 SUBJECT: CONSIDERATION OF INDUSTRIAL DESIGN REVIEW NO. 2006-01 FOR A PROPOSED INDUSTRIAL BUILDING LOCATED AT 570 3RD STREET. APPLICANT: HOWARD PARSELL /HOWARD PARSELL COMPANY: 4854 MAIN STREET, YORBA LINDA, CA 92595 LOCATION: The project lies within Redevelopment Project Area No. 1, more specifically on an approximate 1.01 vacant parcel located on the east side of 3rd Street and approximately 765 -feet south of Collier Avenue, at 570 3rd Street (APN: 377 - 151 -039). REQUEST The applicant requests approval of: Industrial Design Review No. 2006 -01. The applicant is requesting Design Review consideration for the design and construction of a "tilt -up" pre -cast concrete industrial building and related on -site improvements pursuant to Chapter 17.56 (M -1 Limited Manufacturing District), Chapter 17. 66 (Parking Requirements), Chapter 17.82 (Design Review), and Chapter 17.38 (Non- Residential Development Standards) of the Lake Elsinore Municipal Code (LEMC). BACKGROUND At a regularly scheduled meeting of October 3, 2006, the Planning Commission adopted Resolution No. 2006 -107 recommending to the City Council approval of Industrial Design Review No. 2006 -01 to design and construct the proposed industrial building and Resolution No. 2006 -108 recommending to the City Council approval and AGEid[);i!tii::i:,•:0.._ PAGE,_J__._.G` ' .— REPORT TO THE CITY COUNCIL OCTOBER 10, 2006 PAGE 2 OF 3 adoption of findings that the project known as Industrial Design Review 2006 -01 (1 2006 -01) is consistent with the Multi- Species Habitat Conservation Plan (MSHCP). DISCUSSION There was ]'united Planning Commission discussion associated with the proposed project. Issues centered on the placement of the building on the northern property line and the ability of the applicant to maintain the exterior of the building without encroaching on the adjacent property. It was concluded that the applicant could maintain the exterior of the building from the roof of the subject project without encroaching onto the adjacent property and a Condition of Approval requiring the applicant to ascertain a maintenance easement or pull the proposed building off the north property line was deleted by the Planning Commission. Overall, the Commission was pleased with the desi n and architecture associated with the proposed industrial building located at 570 3` Sheet. FISCAL IMPACT The proposed industrial building located at 570 3`d Street will have a positive fiscal impact on the community and the City in that the proposed use will expand the availability of limited industrial job opportunities for the surrounding area. RECOMMENDATION The Planning Commission recommends that the City Council adopt the following resolutions: I . City Council Resolution No. 2006 -Li,, Z3 making Findings of Consistency with the Multi- Species Habitat Conservation Plan (MSHCP). 2. City Council Resolution No. 2006 - ;'approving Industrial Design Review No, 2006 -01. Staff recommends that the Agency Board concur with the City Council adoption of Resolution No. 2006 -M making Findings of Consistency with the Multi- Species Habitat Conservation Plan (MSHCP) and City Council Resolution No. 2006- I? ?`' approving Industrial Design Review No. 2006 -01. AGENDA iT;; 3 No._, t REPORT TO THE CITY COUNCIL OCTOBER 10, 2006 PAGE 3 OF 3 PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER APPROVED GENDA Y: AGENDA BY: CI MANAGER'S Ti TTACHMENTS OFF 1. Vicinity Map. 2. City Council Conditions of Approval 3. City Council Resolution No. 2006 - ^, making Findings of Consistency with the MSHCP. 4. City Council Resolution No. 2006 -_, approving Industrial Design Review No. 2006 -01. 5. Planning Commission Staff Report and Resolutions from the October 3, 2006 Meeting. 6. Project Plans, AGENDA JTuq No..2 ri_. PAGE 2`prry _. %_ VICINITY MAP INDUSTRIAL PROJECT NO. 2006 -01 CITY COUNCIL CONDITIONS OF APPROVAL FOR INDUSTRIAL DESIGN REVIEW NO.2006 -01 PLANNING General Conditions. 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the commercial project, which action is bought within the time period provided for in California Government Code Sections 65009 and /or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. Approval for Industrial Design Review No. 2006 -01 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 3. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 4. The applicant shall comply with Section 17.78 (Noise Control) of the LEMC. 5. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. Planning Commission Approved 10/312006 AGENDA ITEM NO. „„ „p „ , PAGE_ S �„„pF CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006 -01 Page 2 of 14 6. Any alteration or expansion of a project for which there has been a "Design Review" approval as well as all applications for modification or other change in the conditions of approval of a 'Design Review" shall be reviewed according to the provisions of Chapter 17.82 in a similar manner as a new application. 7. Any revisions to the interior floor plans that could cause the requirement for additional parking shall be subject to the review and approval of the Community Development Director or designee. 8. No structure which has received a 'Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. 8. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission /City Council through subsequent action. 9. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 10. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets. All light fixtures shall compliment the architectural style of the building. 11. All loading zones shall be clearly marked with yellow striping and shall comply with the requirements of the LEMC. 12. Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 13. No exterior roof ladders shall be permitted. 14. All exterior downspouts shall be concealed within the building. Planning Commission Approved 10 /.,2006 f� r AUeNDA ITEM NO,.w d`.. .. .n PP.UE_. CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006.01 Page 3 of 14 15. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 16. Materials and colors depicted on the plans and materials board shall be used unless modified by the Director of Community Development or designee. 17. On -site surface drainage shall not cross sidewalks. 18. Parking stalls shall be double - striped with four -inch (4 ") lines two feet (2') apart. 19. All trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee prior to issuance of Certificate of Occupancy. 20. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 21. All parking spaces adjacent to the proposed loading dock shall have wheel stops. 22. All drive aisles and loading areas shall be kept free and clear of any materials /merchandise so as to not obstruct onsite circulation and deliveries. 23. If the applicant proposes an exterior mailbox, he /she shall submit elevations to be reviewed and approved by the Community Development director or designee. 24. Split face block shall be used on all proposed walls and shall match the color of all existing walls. 25. The applicant shall utilize a bio- retention system for NPDES compliance that shall be fully landscaped. Planning Commission Approved 10/3!2006 I. TEtt% NO. - AGEhi'A! CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006 -01 Page 4 of 14 26. All Conditions of Approval shall be met prior to issuance of Certificate of Occupancy. .mss "__ M-Ma WX (Deleted aseertained, the applieant shall releeate the building fvve feet (5') eff th Commission on l l6 28. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of operation and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674 -3124. Prior to Issuance of Building Permit: 29. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 30. Prior to the issuance of a building permit, the applicant shall submit elevations for a decorative solid roof over all trash enclosures. The decorative solid trash enclosure roof shall be reviewed and approved by the Community Development Director or designee. 31. Prior to the issuance of building permits, the applicant shall revise the landscape plan to indicate that all onsite trees will be a minimum of twenty -four inch (24 ") box in size. 32. Prior to the issuance of building permit, the applicant shall revise the site /landscape plan to indicate that all required parking lot trees shall be located at the end of all planting beds. 33. Prior to the issuance of a building permit, the applicant shall revise the site /elevation plan to indicate that the safety railing along the loading dock extends to the end of the loading dock curbing so that it ends at grade level. Planning Commission Approved 106/2006 s, , i �� PAU 0 F CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006 -01 Page 5 of 14 34. The applicant shall incorporate a decorative architectural element to be located on the front (west) elevation wall directly adjacent to and below the front windows and sign envelope. All proposed architectural elements shall be reviewed and approved by the Community Development Director or designee, prior to the issuance of building permits. Prior (Deleted elevations of the twenty feuF feet (24') sliding see&--ity reviewed by the Genmwnity Development dire- i on 10 13106) -M% my trsrs's!zsA senneets to the sliding PA,enty four feet (24') seour-ity gate that is visib! kern -1'4 sAVest. The wall r-eWi% olovafiens are te be reviewed and appr-eved by the Community .- _ (Deleted by i the issuanee of a 10 13106) 37. Prior to the issuance of a building permit, the applicant shall revise the site plan to indicate that all proposed walls are located off the property line or submit a notarized letter indicating that all adjacent property owners agree to having the placement of all proposed walls on the property line. 38. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building pen-nit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. I'lanning Commission Approved 10/3/2006 ` ac�raor� ire+ rva. CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006 -01 Page 6 of 14 c. Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty-six inches (3611). d. Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of thirty feet (30) apart and at least twenty- four -inch (24 ") box in size. e. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. f. Shrubs and vines shall be planted around the onsite trash enclosure to soften the structure. The landscape and irrigation plan shall be revised accordingly. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. Thirty percent of shrubs required on slopes shall be five- gallon container size. h. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval /acceptance by the Landscape Consultant and Community Development Director or Designee. i. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. Final landscape plan must be consistent with approved site plan. j. Final landscape plans to include planting and irrigation details. 39. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. Planning Commission Approved 1013/2006 AGENDA ITEM NO.�:....._.�.--- PACE__ CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006 -01 Page 7 of 14 40. Decorative light fixtures shall be placed within the onsite parking lot. The fixtures shall be ADA compliant and shall compliment and enhance the architectural style of the buildings onsite. The specific fixture type shall be reviewed and approved by the Community Development Director or designee and shall be shown on the construction drawings. 41. Prior to the issuance of a building permit, the applicant shall pay park-in - lieu fee in effect at time of building permit issuance. 42. The Multiple Species Habitat Conservation Fee (MSHCP) shall be due upon issuance of a building permit. 43. Prior to the issuance of a building permit, the applicant shall provide assurances that all requirements of the Riverside County Flood Control and Water Conservation District have been met. 44. Prior to the issuance of a building permit, the applicant shall submit a revised site plan showing a continuous split -face block wall extending west from the existing wall along the southern property line ceasing approximately eighty -two feet (82') back from the front property line. In addition, a decorative block pilaster with cap shall be erected at the terminus of the wall. The design and materials used for the wall shall be reviewed and approved by the Community Development Director or designee. (Condition added by Planning Commission on 1013106) ENGINEERING DEPARTMENT General Requirements: 44. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 45. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 46. Prior to the issuance of a building permit, the applicant shall submit a "Will Serve" letter to the City Engineering Division from the applicable Planning Commission Approved 10 /2000 )_- AGENDA tTEf',i NO, PAGE_j\__.,_C �_\., CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006 -01 Page 8 of 14 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. 47. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. 48. The proposed development shall be designed to allow for truck turning movements on site as well as onto the site. The applicant shall show truck turning templates on driveways and loading areas. The applicant shall provide, in writing, approval of fire protection access and facilities as required by Riverside County Fire Department. 49. The applicant shall pay all fees and meet the requirements of a encroachment permit issued by the City of Lake Elsinore Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83 -78).+ 50. All compaction reports, grade certifications (with tie notes delineated on 8 1/2" x11 Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 51. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 52. All improvement plans and parcel or tract maps shall be digitized. Prior to approval of tract or parcel map, and street improvement plans by City Engineer applicant shall submit digitized files compatible with the City's Arc Info /GIS or pay $1000 per sheet for city to digitize. Grading: 53. The developer /applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. Pluming Commission Approvcd 10/3/2006 AGENDA ITE63 NO. PAGE. 1J_OP ` CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006-01 Page 9 of 14 54. The applicant shall apply and obtain a grading permit with appropriate security prior to any grading activity. 55. A grading plan stamped/signed by a California Registered Civil Engineer is required if the grading exceeds 50 cubic yards and the existing flow pattern is substantially modified as determined by the City Engineer. The grading plan shall show volumes of cut and fill, adequate counters and /or spot elevations of the existing ground as surveyed by a licensed surveyor or civil engineer. All contours shall extend to minimum of 15 feet beyond property lines to indicate existing drainage pattern. The applicant/developer shall apply and obtain a grading permit with appropriate security prior to grading permit issuance. 56. The applicant shall provide soils, geology and seismic report, as part of this report address the requirement of the Alquist - Priolo Earthquake Fault Zoning Act. The applicant shall provide final soils report showing compliance with recommendations. 57. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 58. The applicant is 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. 59. 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. 60. This property is within Zone AO of Temescal Wash, with flood depth of one to three feet of sheet flow on sloping terrain; the final floor elevation shall be one foot above potential 100 year flood elevation, which city recommends to be assumed as 3 feet above the FEMA's Flood Insurance Rate Map flood elevation of 1262. Planning Commission Approved �. 10t3 /2006 AGCPNDd�. C(`r_4A �LO..v' PACO� CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006 -01 Page 10 of 14 Drainage: 61. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 62. The applicant shall meet all requirements of LEMC 15.64 regarding flood hazard regulation. 63. The applicant shall meet all requirements of LEMC 15.68 regarding flood plain management 64. The applicant shall submit Hydrology and Hydraulic Reports per Riverside County Flood Control District for review and approval by City Engineer. The developer /applicant shall mitigate any flooding and /or erosion caused by development of site and diversion of drainage. 65. All drainage facilities in this project shall be constructed according to Riverside County Flood Control District Standards, 66. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 67. 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 construction period and a project- specific WQMP for post construction including its maintenance implementation. The project — specific WQMP shall demonstrate that discharge flow rates, velocities, duration, and volume, for the post construction condition, from a -2 -year and 10 -year, 24 -hour rainfall event will not cause significant adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts to downstream public facilities and water bodies. Planning Commission Approved 10/3 /2006 -) /'� CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006 -03 Page 11 of 14 68. The applicant/developer shall use Site Design BMPs such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge areas, and conserving natural areas, and allow runoff to sheet -flow through landscaped swales or natural drainage channels. 69. The applicant/developer shall provide first flush BMP's using the best available technology that will reduce storm water pollutants prior to entering into outside street drainage facilities (MS4). 70. The project - specific WQMP shall provide measures to minimize the impact from the Pollutants of Concern and Hydrologic Conditions of Concern identified for the Project. Where Pollutants of Concern include pollutants that are listed as causing or contributing to impairments of Receiving Waters, BMPs must be selected so that the project does not cause or contribute to an exceedance of water quality objectives. The WQMP shall incorporate the applicable Source Control, and treatment Control BMPs as described in the Santa Ana River Region WQMP and provide information regarding design considerations, and the long -term operation and maintenance requirements for BMPs requiring long -term maintenance, as well as the mechanism for funding the long -term operation and maintenance of the BMPs requiring long -term maintenance. 71. Prior to issuance of any building or grading permits, the property owner shall record a "Covenant and Agreement" with the County -Clerk Recorder to inform future property owners of the requirement to implement the approved project - specific WQMP. The project applicant shall cause the approved final project - specific WQMP to be incorporated by reference or attached to the project's Storm Water Pollution Prevention Plan as the Post - Construction Management Plan. 72. Education guidelines for Water Quality Management Practices (WQMP) shall be provided to the tenants, operators and owners of the businesses of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the WQMP in the Riverside County NPDES Drainage Area Management Plan. Planning Commission Approved 1013!2006 AGENDA 11104 i @i?. PAGE_. 5__Q r -,,,,, � J. CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006 -01 Page 12 of 14 73. Prior to building permit close -out or the issuance of a certificate of occupancy or certificate of use, the applicant shall: A— Demonstrate that all structural BMPs described in the project - specific WQMP have been constructed and installed in conformance with approved plans and specifications; B— Demonstrate that applicant is prepared to implement all non - structural BMPs described in the approved project - specific WQMP; and C— Demonstrate that an adequate number of copies of the approved project - specific WQMP are available for the future owners /occupants. 74. The applicant/developer shall pay Master Planned Drainage fees of $7,155.00 per gross acre of the lots, a total of $7,226 (Third Street District.) Street Improvements: 75. The street shall be improved from property line to the existing curb within the limits of the property's frontage on Third Street. The improvements shall include parkway landscaping as required by city engineer. 76. The developer /applicant shall pay all fees and meet requirements of encroachment permit issued by the City of Lake Elsinore Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83 -78). 77. All compaction reports, grade certifications shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. Fees: 78. The developer /applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34). Pay Master Drainage Fee, prior to issuance of Planning Commission Approved 10i31i2006 AGENDA iCr INO. PAGE---`—b_OF. ��ff CONDITIONS OF APPROVAL. COMMERICAL DESIGN REVIEW NO.2006 -01 Page 13 of 14 grading permit and TIF and TUMF and Kangaroo Rat Fee fees prior to issuance of building permit, the following is the current fee schedule: Master Drainage Plan Fee for Third Street District is ($7,155.00 per acre.) The TIF amount is $0.81per square foot of building; TUMF amount is $1.58 per square foot of building; Kangaroo Rat Fee is ( $500.00 per acre x 1.01 acre) $505.00 The amount of fees shall be per schedule of fees in effect at the time the payment is made. LAKE ELSINORE UNIFIED SCHOOL DISTRICT 79. Pursuant to AB 2926, AB 1600 and AB 181 the Lake Elsinore Unified School District would require payment, by the owner (or developer), of the maximum allowable commercial /industrial school fee prior to the issuance of a certificate of compliance. LAKE ELSINORE COMMUNITY SERVICES DEPARTMENT 80. The developer is to pay park fees of $0.10 per square -foot for all interior commercial /industrial space. 81. The developer is to comply with all NPDES storm water requirements. 82. The developer will be required to participate in the "Public Facility" fee program. 83. The developer is to maintain all exterior walls and landscaping. 84. The developer is to participate in the City -wide LLMD. 85. The developer is to comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. Planning Commission Approved _ , 10;3 /200(i PAGE_ _A ,OF 4\ CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW N0.2006 -01 Page 14 of 14 86. The City's Landscape Architect is to review all landscape and/or irrigation plans. RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSER VATION DISTIRCT 87. An encroachment permit shall be obtained for any construction related activities occurring within District right -of -ways or facilities. For further information, contact the District's encroachment permit section at (95 1) 955 -1266. (Third Street Channel) ELSINORE VALLEYMUNICIPAL WATER DISTRICT 88. The applicant shall request a will serve letter for the service of water and sewer. Planning Commission Approved 10!3!2006 ^�X or iL� RESOLUTION NO. 2006 -1) 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS INDUSTRIAL DESIGN REVIEW 2006 -01 (I 2006 -01) IS CONSISTENT WITH THE MULTI - SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Howard Parsell, Howard Parsell Company, has initiated proceedings for Industrial Design Review No. 2006 -01 for the design and construction of a industrial building with two -story offices with related improvements located at 570 3ed Street — APN 377 - 151 -039 (the "Project "); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects, whether within a criteria cell or not, undergo the Lake Elsinore Acquisition Process ( "LEAP "); however, Projects not within a criteria cell are not required to complete the Joint Project Review ( "JPR "); and WHEREAS, projects not within a criteria cell need not be evaluated pursuant to all MSHCP requirements; but, must be evaluated in light of the general MSHCP "Plan Wide Requirements "; and WHEREAS, Section 6.0 of the MSHCP requires that the City of Lake Elsinore adopt consistency findings for all Projects demonstrating the Project's compliance with the MSHCP "Plan Wide Requirements'; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.82, requests for industrial design review are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by the Lake Elsinore City Council; and WHEREAS, the Project is not within an MSHCP criteria cell, but was evaluated pursuant to the MSHCP "Plan Wide Requirements "; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), the Project is categorically exempt from further CEQA review pursuant to a class 32 categorical exemption for in -fill development projects (CEQA Guidelines § 15332). WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development .-O l2firldCt ^k � 1 s.: q CITY COUNCIL RESOLUTION NO. 2006- PAGE 2 OF 4 Department and other interested parties at a public hearing held with respect to this item on October 3, 2006, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Project's consistency with the MSHCP prior to making a decision to adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code and the MSHCP, the Planning Commission makes the following MSHCP Consistency Findings: MSHCP CONSISTENCY FINDINGS 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements. " The proposed Project site is not located within a MSHCP criteria cell. However, based on requirements of the MSHCP, the Project was still required to be consistent with Section 6.1.2 Riparian /Riverine Areas and Vernal Pool Guidelines and Section 6.3.2 Critical Area Species Survey Area Guidelines. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. Because the proposed Project is not located within a MSHCP Criteria Cell, it was not processed through a Joint Project Review. 3, The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. A site inspection revealed no riparian /riverine areas or vernal pools on the Project site. Further, the Project site is completely surrounded by existing development. The Project is therefore consistent with the Riparian /Riverine AGENDA ITEM NOo PAGE.__ CITY COUNCIL RESOLUTION NO. 2006-_ PAGE 3 OF 4 Areas and Vernal Pool Guidelines of MSHCP Section 6.1.2. No further MSHCP action is required. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 6.1.3. No further MSHCP action is required. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Burrowing Owl Survey Area, and is therefore subject to Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. The site was inspected by City Staff for the presence of burrowing owls or suitable habitat for this species. No burrowing owls or suitable habitat are present on the Project site. Further the Project site is surrounded by existing development. The Project is therefore consistent with Section 6.3.2 of the MSHCP. No further MSHCP action is required. 6. The Project is consistent with the Urban /Wildlands Interface Guidelines. As stated above, the proposed Project is completely surrounded by development. Therefore, the UrbanlWildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable. No further MSHCP action is required. 7. The Project is consistent with the Vegetation Mapping requirements. There are no resources existing on site that would be subject to the Vegetation Mapping requirements of Section 6.3.1 of the MSHCP. No further MSHCP action is required. 8. The Project is consistent with the Fuels Management Guidelines. As stated above, the Project is completely surrounded by development. Therefore, the Fuels Management Guidelines of Section 6.4 of the MSHCP are not applicable. No further MSHCP action is required. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee, The Project will be required to pay the City's MSHCP Local Development Mitigation Fee. CITY COUNCIL RESOLUTION NO. 2006-_ PAGE 4 OF 4 IO.The Project is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further MSHCP action is required. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 10`h day of October, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore 'N WOE RESOLUTION NO. 2006- Lt RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING INDUSTRIAL DESIGN REVIEW NO. 2006 -01 FOR A PROPOSED INDUSTRIAL BUILDING LOCATED AT 570 3RD STREET (APN: 377 -151 -039) WHEREAS, Howard Parsell, Howard Parsell Company, has initiated proceedings for Industrial Design Review No. 2006 -01 for the design and construction of an industrial building with two -story offices and related improvements located at 570 3`d Street (APN: 377 - 151 -039); and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on October 3, 2006, supported the proposed project by adopting Planning Commission Resolution No. 2006 -107 recommending that the City Council approve Industrial Design Review No. 2006 -01; and WHEREAS, the City Council has considered evidence presented by the Community Development Department and other interested parties. 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 Industrial Design Review prior to making a decision to approve the proposed project. The City Council finds and determines that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act ( "CEQA ") pursuant to Title 14 of the California Code of Regulations, Section 15332, an exemption for in -fill development projects. SECTION 2. That in accordance with State Planning and Zoning Law and the City of Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Industrial Design Review No. 2006 -01: 1. The project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the project is located. The Project complies with the goals and objectives of the General Plan in that the approval of the industrial building will assist in achieving development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional uses as CITY COUNCIL RESOLUTION NO. 2006 -_ PAGE 2 OF 4 well as encouraging industrial land uses to diversify Lake Elsinore's economic base. The General Plan designation for the Project site is Business Park. The primary purpose of areas designated Business Park is to provide for light industrial, research and development, support services, and office based firms seeking an attractive environment and a prestigious location. The land use category permits a limited amount of business, commercial, and personal services that directly serve the users and employees of the Business Park and it is intended that allowed uses and storage of supplies, equipment, or materials will be contained within an enclosed building. The zoning designation for the Project site is M -1 (Limited Manufacturing). The intent of the M -1 District is to reserve appropriate locations consistent with the General Plan for certain categories of light industrial uses that are relatively free of nuisance or hazardous characteristics and to protect these areas from intrusion by residential, commercial, and other harmonious uses. 2. The project complies with the design directives contained in the Section 17.82. and all other applicable provisions of the Municipal Code. The Project is appropriate to the site and surrounding developments in that the proposed industrial building has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further, the Project will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects in that the architectural design, color, and materials, and site design proposed evidence a concern for quality and originality. The industrial building has been designed to include a twenty foot (20) front yard landscaped setback, architectural roof cornicing, eight -inch (8') concrete panel pop -outs, and adequate onsite landscaping. The industrial building will be constructed of concrete "tilt -up" walls. The primary color of the walls will be "white, " the accent pop -out walls will be the color "brown, " and have a lower band color of "beige. " All roll -up doors will be painted "brown " and the architectural roof cornice will be stuccoed foam painted "brown. " The windows and doors at the front of the building will be comprised of anodized aluminum with solar glazing in a "solar gray. " CITY COUNCIL RESOLUTION NO. 2006 - PAGE 3 OF 4 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to CEQA, the Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment and is categorically exempt from the provisions of CEQA pursuant to CEQA Guidelines Sectionl5332, an exemption for in -fill development projects. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Industrial Design Review located at 570 3.d Street (APN: 377 -151 -039) has been scheduled for consideration and approval of the Planning Commission. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 10th day of October 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ITE"rvtr�tV�R.A CITY COUNCIL RESOLUTION NO. 2006 -_ PAGE 4 OF 4 ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore v, pAcr__ 0�0 OF CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: FROM: DATE: PREPARED BY: PROJECT TITLE: APPLICANT: OWNER: PROJECT REQUEST CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT OCTOBER 3, 2006 JUSTIN CARLSON, ASSOCIATE PLANNER INDUSTRIAL DESIGN REVIEW NO. 2006-01 HOWARD PARSELL /HOWARD PARSELL COMPANY: 4854 MAIN STREET, YORBA LINDA, CA 92886 3RD LAKE PARTNERS, LLC, 32931 BRYANT STREET, WILDOMAR, CA 92595 The applicant is requesting design review consideration for a "tilt -up" pre -cast concrete industrial building and related on -site improvements pursuant to Chapter 17.56 (M -1 Limited Manufacturing District), Chapter 17. 66 (Parking Requirements), Chapter 17.82 (Design Review), and Chapter 17.38 (Non - Residential Development Standards) of the Lake Elsinore Municipal Code (LEMC). BACKGROUND On February 23, 2006 the Design Review Committee (DRC) reviewed the proposed plans and provided several substantive comments on the proposed architectural design, building massing and location along the north property line, fencing, and landscaping. Notably, staff advised the applicant to either ascertain a maintenance easement or set the building far enough away from the north property line so that the maintenance of the building could occur without encroaching onto the adjacent property. Although the applicant disagreed, staff has added a condition of approval requiring the applicant to ascertain a maintenance easement with the adjacent property owner located along the north interior property line or relocate the building five -feet (5') off the rgpeXttv,b r . PAGE. a�TQ� yl REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PROJECT TITLE: INDUSTRIAL DESIGN REVIEW NO. 12006-01 FOR A PROPOSED INDUSTRIAL BUILDING LOCATED AT 570 3RD STREET (APN: 377 -151 -039) for maintenance purposes prior to the issuance of a grading permit. The applicant resubmitted plans indicating a revised landscape plan and an architectural articulation cornice along the elevations visible from 3`d street. In addition, staff has added a condition of approval stating that the applicant shall submit elevations for a decorative architectural element to be located on the front (west) elevation wall directly adjacent to and below the front windows and sign envelope. This will assist in providing architectural relief along 3`d street. PROJECT LOCATION The approximately 1.01 acre vacant site is located on the east side of 3`d Street and approximately 765 -feet south of Collier Avenue. More specifically, the property is located within the M -1 (Limited Manufacturing) zoning district and has a General Plan designation of Business Park, Assessor Parcel Number (APN) 377 -151 -039. ENVIRONMENTAL SETTING PROJECT DESCRIPTION The applicant is proposing to develop a "tilt -up" industrial building available for lease on a 1.01 acre parcel. The proposed building will be comprised of two (2) loading AGEND i EM �%..;1 -- PAGE OF M EXISTING ZONING GENERAL LAND USE PLAN Project Site Vacant M -1 Limited Manufacturing) Business Park North Industrial M -1 (Limited Manufacturing) Business Park Building South Industrial M -I (Limited Manufacturing) Business Park Building East Industrial M -1 (Limited Manufacturing) Business Park Building West Industrial M -I (Limited Manufacturing) Business Park Building PROJECT DESCRIPTION The applicant is proposing to develop a "tilt -up" industrial building available for lease on a 1.01 acre parcel. The proposed building will be comprised of two (2) loading AGEND i EM �%..;1 -- PAGE OF M REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PROJECT TITLE: INDUSTRIAL DESIGN REVIEW NO. 12006-01 FOR A PROPOSED INDUSTRIAL BUILDING LOCATED AT 5703 RD STREET (APN: 377 - 151 -039) docks, a 16,580 square -foot warehouse with two (2) grade level loading doors, and 1,995 square -feet of two -story office space. It should be noted that although the office space will comprise two (2) stories, the developer is only proposing to complete the "vanilla shell" tenant improvement for the first -floor under this entitlement. The second story office will be completed as a tenant improvement at a later date. Sitin The siting of the proposed industrial building will be situated on the northwest corner of the subject parcel. The site plan will meet all applicable development standards and criteria outlined in the M -1 (Limited Manufacturing) zoning district and the Non - Residential development standards outlined in the LEMC. It should be noted that the north wall of the building will be located just off of the interior property line. Circulation and Parking Space Layout The primary access point onsite shall be provided off 3`d street. A main drive aisle, twenty-five feet (25') in width, extends along the south portion of the subject property and wraps around to the rear of the lot. The purpose of the twenty -five foot (25') wide drive aisle is to accommodate oversized vehicles as well as to comply with all requests of the Riverside County Fire Department. All parking spaces will be located on either side of the drive aisle along the rear portion of the lot and along the south end of the property line. It should be noted that the applicant is providing a five -foot (5') wide landscaping planter between the south property line and proposed parking spaces. Architecture The architectural design of the proposed building is a typical industrial contemporary style. The front (west elevation) facing 3`d street will include an architectural cornice, two -inch (2 ") reveal lines, anodized aluminum storefront windows with solar glazing, and painted concrete panels. The south elevation will include eight -inch (8 ") pop -out painted concrete panels, grade level metal roll -up doors, anodized aluminum storefront windows and doors with solar AGENDA ITEM ` ) PAGEZOF7 REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PROJECT TITLE: INDUSTRIAL DESIGN REVIEW NO. 12006-01 FOR A PROPOSED INDUSTRIAL BUILDING LOCATED AT 5703 RD STREET (APN: 377 -151 -039) glazing, two -inch (2 ") reveal lines, two (2) below -grade loading docks, and a architectural cornice that extends a approximately forty-eight feet (48') down the side of the building from the front elevation. The east elevation (rear) of the building will include a curb and railing that separates the parking spaces from the loading docks, accent paint texture, two -inch (2') reveal lines, and painted concrete panels. The north elevation includes eight -inch (8 ") painted concrete pop -out panels, accent painting, two -inch (2 ") reveal lines, and painted concrete panels. Landscaping Section 17.56.100 of the LEMC requires a minimum of fifteen -feet (15') and an average of twenty-foot (20') landscaped setback along 3`d street. The applicant is proposing landscaping in the set back area which will include five (5) Fern Pines, two (2) Camphor trees, four (4) Crapemyrtle trees, and one (1) American Sweet Gum trees, thirty -three (33) five (5) gallon Shiny -Leaf Xylosma shrubs, fourteen (14) Yellow Euryops, eight (8) five (5) gallon New Zealand Flax shrubs, and Tall Fescue Grass. All landscaping will be permanently irrigated and maintained and will include rain sensors, which will assist in the conservation of water. The applicant is also proposing to include a trash enclosure with a solid decorative roof. To maximize screening opportunities; the applicant is proposing to plant creeping vines around the enclosure. Walls and Fences On the north elevation, the applicant is proposing to use the building as the property line wall and will construct a new concrete wall approximately six -feet (6') in height that will connect from the rear of the proposed warehouse to the existing retaining wall located at the rear property. An existing retaining wall approximately five -to -six feet high runs along the rear AGENDA ITEM', ) ,) PAGE 3D Or REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PROJECT TITLE: INDUSTRIAL DESIGN REVIEW NO. 12006-01 FOR A PROPOSED INDUSTRIAL BUILDING LOCATED AT 5703 R1 STREET (APN: 377 - 151 -039) portion of the subject property and an existing six -foot (6') high wall connects to the existing rear lot retaining wall and extends half way to the front of the property, where it discontinues. The applicant is proposing to construct a six -foot (6') high wall that will connect to the existing south property line wall. This new wall will continue towards the front of the property where it will discontinue approximately eighty-four (84') from front of the property. The applicant will construct a return wall with a twenty-four foot (24') wide sliding gate, thus enclosing the rear portion of the subject property. Color and Materials ANALYSIS Staff has reviewed the project and found that with the attached conditions of approval, the project meets all minimum requirements of Chapter 17.56 (M -1, Limited Manufacturing District), Chapter 17.66 (Parking Requirements), Chapter 17.82 (Design Review), and Chapter 17.38 (Non - Residential Development Standards) of the Lake Elsinore Municipal Code (LEMC). Siting The project complies with the onsite parking standards listed in Chapter 17.66 (Parking Requirements) of the LEMC. Although, the M -1 (Limited Manufacturing) zoning AGENDA ITEMS'. X PAGE A OF Painted Concrete Wall White Painted Concrete Main Color) Painted Concrete Walls Brown Painted Concrete Accent Panels Painted Concrete Walls Beige Painted Concrete Lower Band Architectural Cornice Brown Stucco /foam Aluminum Storefront Solar Gray Glass Windows /doors ANALYSIS Staff has reviewed the project and found that with the attached conditions of approval, the project meets all minimum requirements of Chapter 17.56 (M -1, Limited Manufacturing District), Chapter 17.66 (Parking Requirements), Chapter 17.82 (Design Review), and Chapter 17.38 (Non - Residential Development Standards) of the Lake Elsinore Municipal Code (LEMC). Siting The project complies with the onsite parking standards listed in Chapter 17.66 (Parking Requirements) of the LEMC. Although, the M -1 (Limited Manufacturing) zoning AGENDA ITEMS'. X PAGE A OF REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PROJECT TITLE: INDUSTRIAL DESIGN REVIEW NO. 12006-01 FOR A PROPOSED INDUSTRIAL BUILDING LOCATED AT 5703 RD STREET (APN: 377 -151 -039) district does not have a minimum lot coverage or minimum FAR section within the LEMC; the applicant is proposing to have a net lot coverage of approximately thirty- nine point eight percent (39.8 %). Additionally, the project siting complies with all perimeter setbacks. Circulation and Parking Space Layout The proposed project complies with all required parking spaces as outlined in Chapter 17.66 (Parking Requirements) of the LEMC. The details are shown as follows: Proposed Building Office Warehouse So.Ft. Parking Ratio 1,995 1:250 16,580 1:500 Total Required Total Provided Parking Requirements 8 34 42 42 The project meets the minimum requirements of the American Disabilities Act (ADA). The ADA requires that the project provide one (1) handicapped space for every twenty-five (25) spaces provided. The applicant has provided a total of forty-two (42) spaces, of which two (2) will be dedicated for handicap use. Furthermore, the applicant is proposing two (2) compact parking spaces along the rear of the building, directly adjacent to the proposed loading docks. It should be noted that the applicant is providing wheel stops and a guard railing between the parking spaces and the loading dock pit. As the Planning Commission is aware, the parking ordinance has been revised to not allow compact stalls; however, the ordinance does not take effect until October 13, 2006. Architecture and Colors and Materials The architecture of the proposed industrial building located at 570 3`d Street is consistent with the existing architecture of the buildings within the immediate vicinity. Furthermore, the proposed colors and materials to be incorporated on the building is consistent with the objectives and intent of the City of Lake Elsinore's design guidelines in that it provide an aesthetic quality that lends to the overall achievement of AGENDA ITEM PAGE3� OF REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PROJECT TITLE: INDUSTRIAL DESIGN REVIEW NO. 12006-01 FOR A PROPOSED INDUSTRIAL BUILDING LOCATED AT 5703 RI STREET (APN: 377 - 151 -039) a well balanced industrial sector. LandscaoinQ The minimum landscaping coverage requirement for industrial projects is eight - percent (8 %) as outlined in Section 17.56.100 of the LEMC. the applicant has met this requirement by proposing approximately 5,190 square -feet or twelve - percent (12 %) of landscaping throughout the site. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), Section 15332 (In -fill Development Projects), staff has determined that the proposed project will not have a significant affect on the environment and shall therefore be exempt from the provisions of CEQA. Therefore no additional environmental clearance is necessary. RECOMMENDATION It is recommended that the Planning Commission adopt; Resolution No. 2006 - recommending City Council adoption of findings of consistency with the Multi - Species Habitat Conservation Plan and Resolution No. 2006_ recommending to the City Council approval of Industrial Design Review No. 2006 -0 —1 based on the Findings, Exhibits, and the proposed Conditions of Approval. PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTIONS AGENDA ITF,M - PAGE ?)30F E1 REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PROJECT TITLE: INDUSTRIAL DESIGN REVIEW NO. 12006-01 FOR A PROPOSED INDUSTRIAL BUILDING LOCATED AT 570 3RD STREET (APN: 377 - 151 -039) 3. PLANNING COMMISSION CONDITIONS OF APPROVAL 4. CEQA- CATEGORICAL EXMEMPTION 5. SITE PLAN 6. PRELIMINARY GRADING PLAN 8. PRELIMINARY LANDSCAPE PLAN 9. FLOOR PLAN 10. ELEVATIONS AGEND TEM PAGE LkOF l� RESOLUTION NO. 2006-107 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF INDUSTRIAL DESIGN REVIEW NO. 2006 -01 FOR AN INDUSTRIAL BUILDING WITH TWO -STORY OFFICES WHEREAS, Howard Parsell, Howard Parsell Company, has initiated proceedings for Industrial Design Review No. 2006 -01 for the design and construction of an industrial building with two -story offices and related improvements located at 570 3`d Street - APN: 377 -151 -039 (the "Project "); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of malting recommendations to the City Council for Design Reviews; 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 3, 2006. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Project prior to malting a decision to recommend that the City Council approve Industrial Design Review No. 2006 -01. SECTION 2. The Planning Commission finds and determines that the Project is categorically exempt from the requirements of the California Environmental Quality Act ( "CEQA ") pursuant to Title 14 of the California Code of Regulations, Section 15332, an exemption for in -fill development projects. SECTION 3. That in accordance with State Planning and Zoning Law and the Lance Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of the Industrial Design Review No. 2006 -01: 1. The Project, as approved, will comply with the goals and objectives of the intended General Plan and the Zoning District in which the Project will be located. The Project complies with the goals and objectives of the General Plan in that the approval of the industrial building will assist in achieving development of a PAGE_ �S i3� PLANNING COMMISSION RESOLUTION NO, 2006 -107 PAGE 2 OF 3 well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional uses as well as encouraging industrial land uses to diverse Lake Elsinore's economic base. The General Plan designation for the Project site is Business Park. The primary purpose of areas designated Business Park is to provide for light industrial, research and development, support services, and office based firms seeking an attractive environment and a prestigious location. The land use category permits a limited amount of business, commercial, and personal services that directly serve the users and employees of the Business Park and it is intended that allowed uses and storage of supplies, equipment, or materials will be contained within an enclosed building. The zoning designation for the Project site is M -1 (Limited Manufacturing). The intent of the M -1 District is to reserve appropriate locations consistent with the General Plan for certain categories of light industrial uses that are relatively free of nuisance or hazardous characteristics and to protect these areas from intrusion by residential, commercial, and other harmonious uses. 2. The Project complies with the design directives contained in Section 17.82. and all other applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the proposed industrial building has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further, the Project will complement the quality of existing development and will create a visually pleasing, non- detractive relationship between the proposed and existing projects in that the architectural design, color, and materials, and site design proposed evidence a concernn for quality and originality. The industrial building has been designed to include a twenty foot (20) front -yard landscaped setback, architectural roof cornicing, eight -inch (8') concrete panel pop -outs, and adequate onsite landscaping. The industrial building will be constructed of concrete "tilt -up" walls. The primary color of the walls will be "white, " the accent pop -out walls will be the color "brown, " and have a lower band color of "beige. " All roll -up doors will be painted "brown" and the architectural roof cornice will be stuccoed foam painted "brown. " The windows and doors at the front of the building will be comprised of anodized aluminum with solar glazing in a "solar gray. " 3. Subject to the attached conditions of approval, the proposed Project is not anticipated to result in any significant adverse environmental impacts. PLANNING COMMISSION RESOLUTION NO. 2006 -107 PAGE 3 OF 3 Pursuant to CEQA, the Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment and is categorically exempt from the provisions of CEQA pursuant to CEQA Guidelines Section15332, an exemption for in -fill development projects. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Lake Elsinore Municipal Code Section 17.82.070, the Project has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting of October 3, 2006. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of October 2006, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe M. Preisendanz Director of Community Development RESOLUTION NO. 2006 -108 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS INDUSTRIAL DESIGN REVIEW 2006 -01 (12006-01) IS CONSISTENT WITH THE MULTI - SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Howard Parsell, Howard Parsell Company, has initiated proceedings for Industrial Design Review No. 2006 -01 for the design and construction of a industrial building with two -story offices with related improvements located at 570 3`d Street— APN 377 -151 -039 (the "Project "); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects, whether within a criteria cell or not, undergo the Lake Elsinore Acquisition Process ( "LEAP "); however, Projects not within a criteria cell are not required to complete the Joint Project Review ( "JPR" ); and WHEREAS, projects not within a criteria cell need not be evaluated pursuant to all MSHCP requirements; but, must be evaluated in light of the general MSHCP "Plan Wide Requirements'; and WHEREAS, Section 6.0 of the MSHCP requires that the City of Lake Elsinore adopt consistency findings for all Projects demonstrating the Project's compliance with the MSHCP "Plan Wide Requirements "; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.82, requests for industrial design review are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by the Lake Elsinore City Council; and WHEREAS, the Project is not within an MSHCP criteria cell, but was evaluated pursuant to the MSHCP "Plan Wide Requirements "; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), the Project is categorically exempt from further CEQA review pursuant to a class 32 categorical exemption for in -fill development projects (CEQA Guidelines § 15332). WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development E o,cr`...._3 , 0F. PLANNING COMMISSION RESOLUTION NO. 2006 -108 PAGE 2 OF 4 Department and other interested parties at a public hearing held with respect to this item on October 3, 2006. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Project's consistency with the MSHCP prior to making a decision to adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code and the MSHCP, the Planning Commission makes the following MSHCP Consistency Findings: MSHCP CONSISTENCY FINDINGS 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements. " The proposed Project site is not located within a MSHCP criteria cell. However, based on requirements of the MSHCP, the Project was still required to be consistent with Section 6.1.2 Riparian/Riverine Areas and Vernal Pool Guidelines and Section 6.3.2 Critical Area Species Survey Area Guidelines. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. Because the proposed Project is not located within a MSHCP Criteria Cell, it was not processed through a Joint Project Review. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. A site inspection revealed no riparian /riverine areas or vernal pools on the Project site. Further, the Project site is completely surrounded by existing development. The Project is therefore consistent with the Riparian /Riverine AGENDA rrEm NO. PLANNING COMMISSION RESOLUTION NO. 2006 -108 PAGE 3 OF 4 Areas and Vernal Pool Guidelines of MSHCP Section 6.1.2. No further MSHCP action is required. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 6.1.3. No further MSHCP action is required. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Burrowing Owl Survey Area, and is therefore subject to Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. The site was inspected by City Stafffor the presence of burrowing owls or suitable habitat for this species. No burrowing owls or suitable habitat are present on the Project site. Further the Project site is surrounded by existing development. The Project is therefore consistent with Section 6.3.2 of the MSHCP. No further MSHCP action is required. 6. The Project is consistent with the Urban /Wildlands Interface Guidelines. As stated above, the proposed Project is completely surrounded by development. Therefore, the Urbmt/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable. No further MSHCP action is required. 7. The Project is consistent with the Vegetation Mapping requirements. There are no resources existing on site that would be subject to the Vegetation Mapping requirements of Section 6.3.1 of the MSHCP. No further MSHCP action is required. 8. The Project is consistent with the Fuels Management Guidelines. As stated above, the Project is completely surrounded by development. Therefore, the Fuels Management Guidelines of Section 6.4 of the MSHCP are not applicable. No further MSHCP action is required. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The Project will be required to pay the City's MSHCP Local Development Mitigation Fee. P _.__ 0 :: pF PLANNING COMMISSION RESOLUTION NO. 2006 -108 PAGE 4 OF 4 I O.The Project is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. Mo further MSHCP action is required. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of October, 2006, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development r2 ; AGENDA ITEM NO.,, PAGE._ ORDINANCE NO. 1195 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE - ANNEXATION ZONE CHANGE NO. 2006 -05 CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE, SUBJECT TO THE COMPLETION OF ANNEXATION NO. 769 BRINGING 62.42 ACRES OF LAND INTO THE CITY OF LAKE ELSINORE BOUNDARIES, LOCATED SOUTH OF LITTLE VALLEY ROAD, NORTH AND SOUTH OF SCENIC CREST DRIVE, WEST OF GREENWALD AVENUE AND EAST OF GRASSY MEADOW DRIVE, CONTIGUOUS TO THE NORTHEASTERLY BOUNARY OF THE CITY OF LAKE ELSINORE. WHEREAS, TSG Little Valley has submitted an application with the City of Lake Elsinore to change the City's official zoning map to "Ramsgate SP" and "R -E Estate Single Family Residential, 1/2 acre minimum lot size for the Assessor's Parcel Nos. 349 - 240 -043 thru —047; 349 - 240 -050 and — 051; 349 - 240 -054 thru —058; 349 - 380 -024 and -025 (the "Properties "); and WHEREAS, the pre- zoning designations conform to and are consistent with the proposed General Plan Amendment No. 2006 -05 for the Properties; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on September 5, 2006, made its report upon the desirability of the proposed project and made its recommendations in favor of Pre- Annexation Zone Change No. 2006 -05 by adopting Planning Commission Resolution No. 2006 -90 recommending to the City Council approval of the Pre - Annexation Zone Change No. 2006 -05; and WHEREAS, public notice of the application has been given, and the City Council has considered evidence presented by the Community Development Department and other interested patties at a public hearing held with respect to this item on September 26, 2006, AGENDA ITEM N0. PAt E�_OF t =; CITY COUNCIL ORDINANCE NO. 1195 PAGE 2 OF 5 THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has considered the proposed pre - zoning prior to making its decision. The City Council adopts Mitigated Negative Declaration No. 2006 -04 prepared for this project as adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project. SECTION 2. That in accordance with State Planning and Zoning law and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Pre - Annexation Zone Change No. 2006 -05: The proposed zone change will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed zone change or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. a. The proposed zone change has been analyzed relative to its potential to have detrimental effects. It has been determined that the health, safety and welfare of surrounding residents may be improved as a result of future improvements to infrastructure such as water, sewer, paving and drainage facilities brought to the site as a requirement for any future development. The proposed "Ramsgate SP" zoning will ensure that development standards and design guidelines of the specific plan will be consistently applied throughout the site. b. The proposed "R -E Estate Single Family Residential, %a acre minimum lot size " zoning will enable existing land uses to continue on the four (4) outlying parcels that exist today in the County, including the keeping of horses. 2. The proposed zone change will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. PAGE CITY COUNCIL ORDINANCE NO. 1195 PAGE 3 OF 5 a. The proposed zoning of "Ramsgate SP" will allow for the continuation of the single family residential neighborhood already approved across Scenic Crest Drive in Tentative Tract Map No. 25475 Revision No. 1. 3. The proposed zone change would establish a land use density and usage more in character with the subject property's location, access, and constraints. a. The zone change proposes a boundary adjustment to allow for a seamless integration of the property with the adjacent Ramsgate Specific Plan. b. The zone change allows for the development of the site in accordance with proposed Tentative Tract Map No. 33725, which provides primary and secondary access for both TTM 33725 and 25475. 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. CITY COUNCIL ORDINANCE NO. 1195 PAGE 4 OF 5 INTRODUCED AND APPROVED UPON FIRST READING this 26th day of September, 2006 by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10`x' day of October, 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore AGENDA ITEM W. PAGE_ OF > CITY COUNCIL ORDINANCE NO. 1195 PAGE 5 OF 5 ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA REIN NO. c.:.. PAGE .`'Z_OF -`� ORDINANCE NO. 1196 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2006 -07 CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE, LOCATED SOUTH OF SCENIC CREST DRIVE, WEST OF GREENWALD AVENUE AND EAST OF GRASSY MEADOW DRIVE, AND KNOWN AS ASSESSOR'S PARCEL NO. 349-240- 006. WHEREAS, TSG Little Valley has submitted an application with the City of Lake Elsinore to change the City's official zoning map to "Ramsgate SP" for Assessor's Parcel No. 349 - 240 -006 (the "Property "); and WHEREAS, the zone change designation conforms to and is consistent with the proposed General Plan Amendment No. 2006 -05 that covers the Property; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on September 5, 2006, made its report upon the desirability of the proposed project and made its recommendations in favor of Zone Change No. 2006 -07 by adopting Planning Commission Resolution No. 2006 -91 recommending to the City Council approval of Zone Change No. 2006 -07; and WHEREAS, public notice of said application has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on September 26, 2006. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has considered the proposed zoning prior to making its decision. The City Council adopts Mitigated Negative Declaration No. 2006 -04 prepared for this project as adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project. AGENDA ITEM NO. .- A PACE � OF L ' CITY COUNCIL ORDINANCE NO. 1196 PAGE 2 OF 4 SECTION 2. That in accordance with State Planning and Zoning law and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Zone Change No. 2006 -07: 1. The proposed zone change will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed zone change or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. a. The proposed zone change has been analyzed relative to its potential to have detrimental effects. It has been determined that the health, safety and welfare of surrounding residents may be improved as a result of future improvements to infrastructure such as water, sewer, paving and drainage facilities brought to the site as a requirement for any future development. The proposed "Ramsgate SP" zoning will ensure that development standards and design guidelines of the specific plan will be consistently applied throughout the site. 2. The proposed zone change will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. a. The proposed zoning of "Ramsgate SP" will allow for the continuation of the single family residential neighborhood already approved in Tentative Tract Map No. 25475 Revision No. I that lies to the west. 3. The proposed zone change would establish a land use density and usage more in character with the Property's location, access, and constraints. a. The zone change proposes a boundary adjustment to allow for a seamless integration of the Property with the adjacent proposed Ramsgate Specific Plan. pGeHDP, ITEM NO' . `� CITY COUNCIL ORDINANCE NO. 1196 PAGE 3 OF 4 SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this 26th day of September, 2006 by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10`h day of October, 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore AGENDAITEM�NO.- PAGE OF t CITY COUNCIL ORDINANCE NO. 1196 PAGE 4 OF 4 ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITHA9 N8. _7 RAGE_l.. OF t -� ORDINANCE NO. 1197 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RAMSGATE SPECIFIC PLAN NO. 89 -1 FIFTH REVISION, LOCATED APPROXIMATELY ONE MILE EAST OF INTERESTATE 15, SOUTH OF HIGHWAY 74, AND WEST OF GREENWALD AVENUE. WHEREAS, The Shopoff Group filed an application with the City of Lake Elsinore to amend the Ramsgate Specific Plan No. 89 -1; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on September 5, 2006, made its report upon the desirability of the proposed project and made its recommendations in favor of Ramsgate Specific Plan No. 89 -1 Fifth Revision by adopting Planning Commission Resolution No. 2006 -92 recommending to the City Council approval of Ramsgate Specific Plan No. 89 -1 Fifth Revision; and WHEREAS, public notice of the application has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on September 26, 2006. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has considered the proposed specific plan amendment prior to making its decision. The City Council adopts Mitigated Negative Declaration No, 2006 -04 prepared for this project as adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project. SECTION 2. That in accordance with State Planning and Zoning law and Chapter 17.99 (Specific Plan District) of the Lake Elsinore Municipal Code, the City Council makes the following findings for approval of the Ramsgate Specific Plan No. 89 -1 Fifth Revision: ACENDA ITEM NO- I ,. CITY COUNCIL ORDINANCE NO. 1197 PAGE 2 OF 5 1. The location and design of the proposed development is consistent with the goals and policies of the City's General Plan and with any other applicable plan or policies adopted by the City, or in the process of being prepared and adopted. a. The General Plan supports the development of the Ramsgate Specific Plan. The Fifth Revision adds acreage to the General Plan that is contiguous to its eastern boundary, and supplements Planning Area 6, which lost three fourths of its original acreage to open space preservation. The Fifth Revision has been reviewed and conditioned to enhance and update the Ramsgate Specific Plan Fourth Revision. b. The Fifth Revision has been designed to .support the objectives of the Multi - Species Habitat Conservation Plan adopted by the City, by preserving habitat areas identified in the Conservation Plan. c. The Fifth Revision has been presented to the General Plan Advisory Committee charged with the preparation of the Draft General Plan Update, and received a favorable response. 2. The proposed location allows the development to be well- integrated with or adequately buffered from its surroundings, whichever may be the case. a. The Fifth Revision provides for the development of low- medium density residential, as an extension of the single family detached residential neighborhoods within Planning Area 6 In so doing, both Planning Areas 6 and 10 have primary and secondary access from Greenwald Avenue. b. The Fifth Revision increases the single family neighborhood on the eastern portion of the Plan, in both size and amenities, providing an aggregate three acres of parks, and compensating for the loss of acreage in this portion of the Plan to the preservation of open space. 3. All vehicular traffic generated by the development, either in phased increments or at full build -out, is to be accommodated safely and without causing undue congestion upon adjoining streets. A10DIVA ITEM N0, �5 PACE OF CITY COUNCIL ORDINANCE NO. 1197 PAGE 3 OF 5 a. A Traffic Impact Analysis (TIA) was prepared by Urban Crossroads in October 2005, which determined that the proposed project will generate 2,211 trip -ends daily with 173 in the a.m. peak period and 233 in the p.m. peak period. The TIA identified that traffic from the project will use Scenic Crest Drive and Greenwald Avenue. As a secondary highway, Greenwald has the capacity for 35, 000 vehicle trips. The project will not cause this capacity to be exceeded. b. The City of Lake Elsinore General Plan states that the objective of the City is to "strive to maintain a minimum Level of Service `C' at all intersections during non peak hours and Level of Service (LOS) D' at all intersections during peak hours to ensure that traffic delays are kept to a minimum. " With the incorporation of mitigation measures in the Mitigation Monitoring and Reporting Program, the project will meet LOS `D' objective, except for the intersection of River Road at State Route 74 in the County. 4. The Final Specific Plan shall identify a methodology to allow land uses to be adequately serviced by existing or proposed public facilities and services. a. The Fifth Revision has been reviewed and conditioned to provide adequate public services for the site. b. The Fifth Revision provides recreational amenities, pedestrian pathways, and open space for residents in the low- medium density residential development. 5. The overall design of the Specific Plan shall produce an attractive, efficient and stable development. The proposed Revision will allow the construction of a more substantial and complete single family neighborhood in the eastern portion of the Plan, with parks and amenities and primary and secondary access to Greenwald Avenue. 6. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a level of non- AGENDA ITEM N0. 4J 1 CITY COUNCIL ORDINANCE NO. 1197 PAGE 4 OF 5 significance through adoption of mitigation measures and conditions of approval. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this 26th day of September, 2006 by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10'h day of October, 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore 7;7 CITY COUNCIL ORDINANCE NO. 1197 PAGE 5 OF 5 ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA rrEm NO.-,- � PACE c OF °� ORDINANCE NO. 1198 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING PRE - ZONING NO. 2006 -04 SUBJECT TO THE COMPLETION OF ANNEXATION NO. 77 WHEREAS, the City of Lake Elsinore (the "City ") has commenced proceedings to annex 154 acres of land into the City's corporate boundaries and is concurrently initiating proceedings to change the zoning designation on 154 acres of land located adjacent to State Route 74, East of Trellis, from the County of Riverside's zoning designations to City's Pr e- Zoning designations as set forth below; and WHEREAS, the Pre - Zoning application confoims to and is consistent with the City of Lake Elsinore's General Plan Land Use Map, as amended by the general plan amendment which is also being processed simultaneously with this Pre -Zone application; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), Mitigated Negative Declaration No. 2005 -12 was prepared to mitigate to a level of insignificance any potentially significant environmental effects presented by Annexation 77; and WHEREAS, the Planning Commission opened the public hearing on the Annexation 77 at a duly noticed public hearing on August 1, 2006; and WHEREAS, in response to the public comments shared at the August 1, 2006 meeting, the Planning Commission voted to continue the public hearing on Annexation 77 until the regularly scheduled meeting of September 19, 2006; and WHEREAS, on September 19, 2006, the Planning Commission considered additional evidence presented by the Community Development Department and other interested parties with regard to the annexation application; and WHEREAS, public notice of said application has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on September 26, 2006. AGENDA ITEM M0.___ �- PAGE 4.-. -_ S _,-0F CITY COUNCIL ORDINANCE NO. 1198 Page 2 of 4 THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has considered the proposed Pre- Zoning No. 2006 -04 prior to making its decision. The City Council adopts Mitigated Negative Declaration No. 2006 -04 prepared for this project as adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project. SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore Municipal Code ( "LEMC'), the City Council makes the following findings for the approval of Pre- Zoning 2006 -04: 1. The proposed zone change will not be; a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed Pre - Zoning has been analyzed relative to its potential to be detrimental to the health, safety, comfort and we fare of the persons residing or working within the neighborhood of the proposed zone change. Staff believes that the health and safety of the persons residing or working within the neighborhood of the property may be improved due to the future development that could include improvements to infrastructure such as water and sewer lines, lighting and paving of existing dirt right of ways. 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan and the development standards established with the LEMC. The Pre - Zoning is consistent with GOAL 1.0 of the General Plan in that this Pre - Zoning will assist in achieving the City's goal to provide "decent housing opportunities and a satisfying living environment for residents of Lake Elsinore ". SECTION 3. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. AGENDA ITEM NA., .<? PACE 4F` CITY COUNCIL ORDINANCE NO. 1198 Page 3 of 4 SECTION 4. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this 26`h day of September, 2006, by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE Robert E. Magee, Mayor City of Lake Elsinore PASSED, APPROVED AND ADOPTED UPON SECOND READING this day of October 10, 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ACMDA ITEM No 3-M PAGE-s_L l CITY COUNCIL ORDINANCE NO. 1198 Page 4 of 4 ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA item ND. PACE (`Dp ORDINANCE NO. 1199 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE - ANNEXATION ZONE CHANGE NO. 2006 -039 CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE SUBJECT TO THE COMPLETION OF ANNEXATION NO. 78, BRINGING 21.13 ACRES OF VACANT PROPERTY INTO THE CITY OF LAKE ELSINORE. WHEREAS, the C & J Family Trust has filed an application with the City of Lake Elsinore to change the City's official zoning map to "East Canyon Hills SP" for the property located approximately 3.5 miles west of Interstate 215, south of Holland Road, north of Corson Avenue, and contiguous to the easterly boundary of the City of Lake Elsinore, and known as Assessor's Parcel No. 358- 130 -020 (the "Property "); and WHEREAS, the pre- zoning designations conform to and are consistent with the proposed General Plan Amendment No. 2006 -01 for the Property; and WHEREAS, C & J Family Trust has submitted an application for Annexation No. 78; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on September 5, 2006, made its report upon the desirability of the proposed project and made its recommendations in favor of Pre - Annexation Zone Change No. 2006 -03 by adopting Planning Commission Resolution No. 2006 -85 recommending to the City Council approval of the Pre - Annexation Zone Change No. 2006 -03; and WHEREAS, public notice of the application has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on September 26, 2006. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: ACENDA 11EW NO.S PAGE. ____OF_� _ _ CITY COUNCIL ORDINANCE NO. 1199 PAGE 2 OF 3 SECTION 1. The City Council has considered the proposed pre - zoning prior to making a decision to approve Pre - Annexation Zone Change No. 2006 -01. The City Council adopts Mitigated Negative Declaration No. 2006 -03 prepared for this project as adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project. SECTION 2. That in accordance with State Planning and Zoning law and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Pre - Annexation Zone Change No. 2006 -01: 1. The proposed zone change will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. a. The proposed pre- zoning has been analyzed relative to its potential to have detrimental effects. It has been determined that the health, safety and welfare of surrounding residents may be improved as a result of future improvements to infrastructure such as water, sewer, paving and drainage facilities brought to the site as a requirement for any future development. b. The proposed "East Canyon Hills SP" zoning will ensure that development standards and design guidelines of the specific plan will be consistently applied to the entirety of the site. 2. The proposed zone change will be consistent with the proposed General Plan Amendment. a. Both the zoning and the general plan designation are proposed to be "East Canyon Hills Specific Plan. " SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PAGE Z- OF CITY COUNCIL ORDINANCE NO. 1199 PAGE 3 OF 3 INITRODUCED AND APPROVED UPON FIRST READING this 26'x' day of September, 2006, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day of October 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Robert E. Magee, Mayor City of Lake Elsinore AGENDA ITEkl9 ORDINANCE NO. 1201 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 2.08 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING INCREASING SALARIES OF CITY COUNCIL MEMBERS WHEREAS, Government Code Section 36516 regulates the amount and manner of setting the salary for the members of City Council based on population; and WHEREAS, the current City Council salary of $300 per month was based on a population under 35,000; and WHEREAS, once the population increases over 35,000, the City Council may adopt an Ordinance increasing the City Council salary to $400 a month; and WHEREAS, the City's population is now over 41,000; and WHEREAS, any salary increase takes effect only when at least one member of City Council begins a new term. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.08 of the Lake Elsinore Municipal Code is hereby amended in its entirety as follows: 2.08.020 Compensation. Members of the City Council shall each receive compensation for their services in the sum of four hundred dollars ($400) per month. SECTION 2. The salary increases adopted by this Ordinance shall become effective January 1, 2007. SECTION 3. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. AGENDA ITEM is CITY COUNCIL ORDINANCE NO. 1201 PAGE 2 OF 3 SECTION 4. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this 26`x' day of September, 2006, by the following vote: AYES: COUNCILMEMBERS: KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: BUCKLEY ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10`" day of October, 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore AGENDA ITEM No.— PAGE--4L—OF ✓ CITY COUNCIL ORDINANCE NO. 1201 PAGE 3 OF 3 ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA REM NO. D_, PAGE__. ORDINANCE NO. 1202 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING CHAPTER 2.09 CODE OF ETHICS OF THE LAKE ELSINORE MUNICIPAL CODE WHEREAS, in 1984, the City of Lake Elsinore, California (the "City ") adopted Ordinance No. 728, which added Chapter 2.09 "Code of Ethics" to the Lake Elsinore Municipal Code (Chapter 2.09); and WHEREAS, in 1986, the City adopted Policy No. 100 -2 also entitled "Code of Ethics" which Policy was revised on September 12, 2006 to conform with applicable state laws and regulations; and WHEREAS, Chapter 2.09 has not been amended since it was adopted and, in its current form, conflicts with applicable state laws and regulations and with City Council Policy No. 100 -2; and WHEREAS, state laws and regulations together with City Council Policy No 100 -2 and the City's Conflict of Interest Code adopted and reviewed biennially in accordance with the Political Reform Act, create a comprehensive regulatory scheme governing the conduct of City officials; and WHEREAS, the provisions of Chapter 2.09 of the Lake Elsinore Municipal Code are potentially confusing and unnecessary in light of applicable state laws and regulations and the City's Conflict of Interest Code and City Council Policy No. 100 -2. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Lake Elsinore hereby repeals Municipal Code Chapter 2.09, entitled "Code of Ethics" in its entirety. SECTION 2. If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. AGENDA REM NQ._,_-a2,� PAGE_ L___-OR -7--) CITY COUNCIL ORDINANCE NO. 1202 PAGE 2 OF 3 INTRODUCED AND APPROVED UPON FIRST READING this 26 °i day of September, 2006, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10`h day of October, 2006, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore AGENDA ITEM NO. , t 2 PAGE Z OF CITY COUNCIL ORDINANCE NO. 1202 PAGE 3 OF 3 ATTEST:. Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AZENDA IMM N0. PAOE-�OF_, G_ CITY OF LAKE ELSINORE JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY TO: MAYOR AND CITY COUNCIL CHAIRWOMAN AND REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY, CITY MANAGER DATE: OCTOBER 10, 2006 SUBJECT: COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR THE CLUBHOUSE LOCATED AT THE "LINKS OF SUMMERLY ". APPLICANT: LAING CP LAKE ELSINORE, LLC. 31881 CORYDON STREET, SUITE 130, LAKE ELSINORE, CALIFORNIA 92530 PROJECT REQUEST The applicant requests approval of Commercial Design Review No. 2006 -05 for the design and construction of a Club House building and associated improvements located within the 707 acre Laing Homes project, which is a portion of the 3,000 acre East Lake Specific Plan. The site is designated Open Space and is part of the Phase 1 portion of the East Lake Specific Plan- Amendment No. Six. The Club House facility is located south of Malaga Road, southeast of Lucerne Street, north of Cereal Street and south west of Mission Trail (APN 371 - 030 -038). Access to the Club House facility will be taken from Malaga Road, then Diamond Drive to Village Parkway. BACKGROUND At their regular meeting of October 3, 2006, the Planning Commission recommended approval and adoption of the following resolutions based on Findings, Exhibits and Conditions of Approval: • Resolution No. 2006 -104, recommending that the City Council make Findings of Consistency with the Multiple Species Habitat Conservation Plan; and AGE NDA!'i' "c,'. :V.__�� 4 PP.Gr I o° REPORT TO CITY COUNCIL OCTOBER 10, 2006 Page 2 of 4 • Resolution No. 2006 -105, recommending to the City Council approval of Commercial Design Review No. 2006 -05 for a club house building and associated improvements. Staff presented the project at the regularly scheduled Planning Commission meeting of October 3, 2006. Two (2) Conditions of Approval were revised: 1). Condition No. I 1 was changed to read, "The applicant shall construct a six foot (6') decorative split face block wall with pilasters along the northern and southern boundaries" (this change replaced the words "wrought iron fence" with "decorative split face block wall "); and 2). Condition No. 30 was changed to, "Site preparation activity and construction shall not commence before 7:00 am and shall cease at 7:00 pm, Monday through Saturday. Construction activity shall not take place on Sunday or any Legal Holidays" (this change was required, since this is the text of a previously approved Condition of Approval of the East Lake Specific Plan, Amendment No. 6). Staff presented an overview of the project. There were no requests to speak. Members of the Planning Commission had only a few questions, which included the estimated completion date of the facility. The applicant, Michael Filler of Laing Homes, stated that the Club House is estimated to be completed by July of 2007, with the Golf Course estimated to be completed by October of 2007. Construction for both projects is slated to begin this month (October, 2006). One comment that was made was the wish that the Club House building was larger to accommodate events such as weddings and conferences. The applicant stated that by including the outdoor areas, the Club House facility will be able to hold large events of 200 or more people. The Commission commented that the design of the Club House building and facility is very pleasing and congratulated the applicant and Staff on the final results of the Design Review process. The project was unanimously approved. AGENDA ITE'.9 N^O._: CQ ,1..._._ REPORT TO CITY COUNCIL OCTOBER 10, 2006 Page 3 of 4 FISCAL IMPACT The project will have a positive fiscal impact on the community and the City by providing additional opportunities for employment. Further, the project is expected to attract a wide area of both local and neighboring residences to use the recreation opportunities of a new Golf Course facility and possibly other City amenities. Currently, the closest public Golf Course is approximately ten (10) miles away in the neighboring City of Murrieta. RECOMMENDATION The Planning Commission recommends that the City Council adopt the following Resolutions: 1. City Council Resolution No. 2006 -LZL, making Findings of Consistency with the Multiple Species Habitat Conservation Plan. 2. City Council Resolution No. 2006 -? )approving Commercial Design Review No. 2006 -05. Staff recommends that the Agency Board concur with the City Council adoption of Resolution No. 2006 -( making Findings of Consistency with the Multiple Species Habitat Conservation Plan and Resolution No. 2006 - L]L: approving Commercial Design Review No. 2006 -05. PREPARED BY: LINDA M. MILLER, AICP PROJECT PLANNER APPROVED FOR AGENDA BY: NAGER'S OFFIC [VE DIRECTOR'S ATTACHMENTS: 1. Vicinity Map 2. City Council Resolution No. 2006 -_, making Findings of Consistency with the Multiple Species Habitat Conservation Plan. AGENDA ITEM N0._��� + -- PAGE __ -_,__„ OF__4L1 _-- REPORT TO CITY COUNCIL OCTOBER 10, 2006 Page 4 of 4 3. City Council Resolution No. 2006 - _approving Commercial Design Review No. 2006 -05 for a club house building and associated improvements. 4. Planning Commission Staff Report, Resolutions and Revised Conditions of Approval from October 3, 2006. 5. Reduced Color Exhibits 6. Full -sized Color Exhibits (mounted on board, presented at Hearing). AGENDA i 1 am iio.__;� 110, lop k, "A low, "115 PAP GOLF CLUB HOUSE THE LINKS @ SUMMERLY AGENDA ITEM, NO, FAGS 020 -A� A 2 an GOLF CLUB HOUSE THE LINKS @ SUMMERLY AGENDA ITEM, NO, FAGS 020 RESOLUTION NO. 2006-''',,i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT COMMERCIAL DESIGN REVIEW NO. 2006 -05 IS CONSISTENT WITH THE MULTIPLE - SPECIES HABITAT CONSERVATION PLAN(MSHCP) WHEREAS, Laing CP Lake Elsinore, LLC has submitted an application for Commercial Design Review No. 2006 -05 for a clubhouse building and associated improvements for a golf course that is located south of Malaga Road, southeast of Lucerne Street, north of Cereal Street and southwest of Mission Trail within East Lake Specific Plan Amendment No. 6 - APN 371 - 030 -038; and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ( "LEAP ") and Joint Project Review ( "JPR ") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.82, requests for commercial design review are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by the Lake Elsinore City Council; and WHEREAS, the Project site is within two distinct MSHCP criteria cells: approximately three (3) acres of the total site are within cell 4846 and approximately three tenths (0.3) acres are within cell 4937; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), 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 AUNDA PAGR.._6__.._VF._._. _44._ CITY COUNCIL RESOLUTION NO. 2006-_ PAGE 2 OF 6 adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, in accordance with CEQA Guidelines 15162, the Project does not present substantial changes or new information regarding the potential environmental impacts of development; 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 10, 2006. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Project and has evaluated the Project's consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning law, the City of Lake Elsinore Municipal Code, and the MSHCP, the City Council makes the following findings that the Project is consistent with the MSHCP: MSHCP CONSISTENCY FINDINGS 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project must be reviewed for MSHCP consistency, which review shall include an analysis of the Project's CITY COUNCIL RESOLUTION NO. 2006-. PAGE 3 OF 6 consistency with other "Plan Wide Requirements. " The Project is located within the East Lake Specific Plan (ELSP) area, specifically within the ELSP Amendment No. 6 area. Prior to the City's adoption of the MSHCP, there were a series of meetings between the County of Riverside, U.S. Fish and Wildlife Service, and California Department of Fish and Game to discuss conservation measures within the ELSP and to decide how to ensure development within the ELSP could proceed consistently with the MSHCP and with the U.S. Army Corps of Engineers Section 404 permit. It was determined that a target acreage of 770 acres was warranted for MSHCP conservation in the back basin area of the City. The Project site is within. the ELSP and is covered by that conservation agreement. Part of the conservation agreement also included a requirement that projects in the back basin area be consistent with the other "Plan Wide Requirements " set forth in the following sections of the MSHCP: Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (MSHCP, § 61.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, § 61.3), Additional Survey Needs and Procedures (MSHCP, § 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, § 6.1.4), Vegetation Mapping (MSHCP, § 6.3.1) requirements, Fuels Management Guidelines (MSHCP, § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4). The Project has been reviewed in light of these sections and is consistent therewith. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. The ELSP MSCCP consistency determination was submitted to the County of Riverside in October 2003, prior to the initiation of the City's LEAP and County's Joint Project Review process. Nevertheless, both the County and Dudek (acting on behalf of the County) agreed that the Project was consistent with the MSHCP due to the extensive acreage set aside for conservation. The Project has not been modified and was part of the overall ELSP which has been determined to be consistent with the MSHCP. 3. The Project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. AGENDA IIEi1N NO. �1 =m -- ME- CITY COUNCIL RESOLUTION NO. 2006-_ PACE 4 OF 6 The previously approved ELSP Amendment No. 6 was determined to be consistent with the RiparianlRiverine and Vernal Pool Guidelines as set forth in MSHCP § 6.1.2. The scope and nature of the Project have not been modified from that which was previously approved and is therefore consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The previously approved ELSP Amendment No. 6 was consistent with the Protection of Narrow Endemic Plant Species Guidelines as set forth in MSHCP § 6.1.3. The Project has not been modified from that which was previously approved under the ELSP Amendment No. 6. Additionally, based upon prior approvals, the entire project site has been graded and any plant species which may have existed on the site have been removed. It is for these reasons that the Project is consistent with the aforementioned guidelines. 5. The Project is consistent with the Additional Survey Needs and Procedures. The previously approved ELSP Amendment No. 6 was consistent with the Additional Survey Needs and Procedures as set forth in MSHCP § 6.3.2. The Project has not been modified from that which was previously approved under the ELSP Amendment No. 6, and the entire project site has been graded pursuant to previously issued permits. The Project is consistent with the Additional Survey Needs and Procedures of the MSHCP. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The previously approved ELSP Amendment No. 6 was consistent with the UrbanlWildlands Interface Guidelines as set forth in MSHCP § 6.1.4. Because the Project has not been modified from that which was previously approved under the ELSP Amendment No. 6, no further MSHCP review is necessary and the Project is consistent with the UrbanlWildlands Interface Guidelines. 7. The Project is consistent with the Vegetation Mapping requirements. CITY COUNCIL RESOLUTION NO. 2006- PAGE 5 OF 6 The previously approved ELSP Amendment No. 6 was consistent with the Vegetation Mapping requirements as set forth in MSHCP § 6.3.1. Mapping was conducted as part of the biological surveys for the original project. The Project has not been modified from that which was previously approved and therefore is consistent with the Vegetation Mapping requirements. 8. The Project is consistent with the Fuels Management Guidelines. The previously approved ELSP Amendment No. 6 was consistent with the Fuels Management Guidelines as set forth in MSHCP, § 6.4. The Project site is not within or adjacent to conservation areas where the Fuels Management Guidelines would be required. The Project has not been modified from that which was previously approved and therefore is consistent with the Fuel Management Guidelines, 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of project approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. IO.The Project overall is consistent with the MSHCP. As stated in No. I above, the Project is within the ELSP area which has previously been determined to be consistent with the MSHCP. 11.There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. CITY COUNCIL RESOLUTION NO. 2006- PAGE 6 OF 6 PASSED, APPROVED AND ADOPTED this tenth day of October, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Fredrick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Robert E. Magee, Mayor City of Lake Elsinore RESOLUTION NO. 2006- c c RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2006 -05 FOR A CLUB HOUSE FACILITY ASSOCIATED WITH THE LAING CP LAKE ELSINORE, LLC DEVELOPMENT WHEREAS, Laing CP Lake Elsinore, LLC has initiated proceedings for Commercial Design Review No. 2006 -05 for the design and construction of a clubhouse building and associated improvements located south of Malaga Road, southeast of Luceme Street, north of Cereal Street, and southwest of Mission Trail within the East Lake Specific Plan Amendment No. 6 — APN No. 371- 030 -038 (the "Project "); and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approving Design Reviews; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), 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 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, a Supplemental Environmental Impact Report was approved and adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SCH #2003071050) and evaluated environmental impacts that would result from maximum build -out of the specific plan, which contemplated development of a golf course and clubhouse; and WHEREAS, the Project does not present substantial changes or new information regarding the potential environmental impacts of development; and AGENDA ITEM NO. PACE._.. CITY COUNCIL RESOLUTION NO. 2006 -_ PAGE 2 OF 4 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 10, 2006. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Project prior to making a decision to approve the Commercial Design Review No. 2006 -05. SECTION 2. The City Council finds and determines that no new CEQA documentation is necessary for the Project given that any and all potentially significant environmental impacts of the clubhouse were analyzed in the previously approved and certified Supplemental Environmental Impact Report (SCH # 2003071050) for the East Lake Specific Plan Amendment No. 6. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of the Commercial Design Review No. 2006 -05: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan and the East Lake Specific Plan Amendment No. 6 in that the approval of this clubhouse building will assist in the creation of additional job opportunities within the community. Moreover, the Project will assist in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging commercial land uses to diversify Lake Elsinore's economic base. 2. The Project complies with the design directives contained in the East Lake Specific Plan Amendment No. 6 and all applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the clubhouse building has been designed in consideration of the size and shape of the property. Sufficient setbacks and onsite landscaping have been AGENDA iTE V9 N0._ �_.._. PAGE__ CITY COUNCIL RESOLUTION NO. 2006 - PAGE 3 OF 4 provided thereby creating interest and varying vistas. In addition, safe and efficient circulation has been achieved onsite. Further, the Project will complement the future proposed residential development and will create a visually pleasing, non - detractive relationship between the proposed development. The Craftsman style architecture of the building will also be used within the residential development and will tie the architecture of the two segments of the community together. Design features such as wood shingles, elongated windows with wide wood trim, wood trellis porte cochere with masonry based columns, exposed rafter tails, wood outlookers and varying roof lines provide evidence of a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. The Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. The potential impacts associated with the project do not result in substantial change to the previously adopted Supplemental Environmental Impact Report. Therefore, no additional environmental review is necessary for the proposed project pursuant to CEQA Guidelines Section 15162. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82,070 of the Lake Elsinore Municipal Code, the Project has been scheduled for consideration and approval of the City Council on October 10, 2006. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PAkNCA ITEM NO. CITY COUNCIL RESOLUTION NO. 2006 -_ PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this tenth day of October 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Fredrick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Robert E. Magee, Mayor City of Lake Elsinore AGENIDA ITETi! rtO. PACE_ -- of CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: FROM: DATE: PREPARED BY PROJECT TITLE APPLICANT: OWNER: PROJECT REQUESTS CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT OCTOBER 3, 2006 LINDA MILLER, PROJECT PLANNER COMMERCIAL DESIGN REVIEW NO. 2006 -05 LAING CP LAKE ELSINORE, LLC. 31881 CORYDON, SUITE 130, LAKE ELSINORE, CALIFORNIA 92530 SAME The applicant is requesting approval of the design and construction of a Club House building and associated improvements that will be a part of a future Golf Course complex known as "The Links at Summerly." PROJECT LOCATION The Commercial Design Review No. 2006 -05 for the design and construction of a Club House building and associated improvements is located within the 707 acre Laing Homes project which is a portion of the 3,000 acre East Lake Specific Plan. The site is designated Open Space and is part of the Phase 1 portion of the East Lake Specific Plan- Amendment No. Six. The Club House facility is located south of Malaga Road, southeast of Lucerne Street, north or Cereal Street and south west of Mission Trail (APN 371 - 030 -038). Access to the Club House facility will be taken from Malaga Road, then Diamond Drive to Village Parkway. AGENDA ITUA NO.,_e PAGE 16 OF L44 REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PAGE 2 OFF 6 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-05 ENVIRONMENTAL SETTING b �E °STS rp OU tT'`'01A'INz `^', �5 't 'kbrt� id t F Y �S�fl�,f �rs•V.' # j1, r.� ;ff .��� P i .'. in ,�.�<a %� °..4' 3 ✓zl, �,�..r n ��� frf Project Site Vacant Open Space East Lake Specific Plan North Vacant Open Space East Lake Specific Plan South Vacant R -1, Residential One East Lake Specific Plan East Vacant R -1, Residential One East Lake Specific Plan West Vacant O en Space East Lake Specific Plan BACKGROUND The East Lake Specific Plan (ELSP) was adopted by Ordinance No. 955 by City Council in June 1993. The Plan consists of 3,000 acres and was originally divided into three (3) individual districts that included a Marina District, Lakeside Resort, and Recreation Village, Several Amendments have been made to the East Lake Specific Plan. The first two (2) amendments (Amendment No. I and No. 2) changed the central area or Phase One of the Specific Plan. The changes primarily reduced the number of residential units and commercial uses and added a Golf Course to the open space area of the plan. Phase One is the development area where the current Laing project is now located. Two other amendments, Amendment No. 3 and No. 4, were related to industrial development along Corydon Avenue which are both outside of Phase One, Amendment No. 5 is for the proposed marina development located on Lakeshore Drive and known as WatersEdge, The Laing Homes processed East Lake Specific Plan Amendment No. 6 which was adopted by City Council on July 27, 2004. This amendment replaced multi - family uses with single family uses, provided several parks and added an approximately 165 acre Golf Course with Club House facility. The current project before the Planning Commission, the Club House building and associated improvements for "The Links at Summerly Golf Course" will be the first building constructed for the Laing Homes portion of the East Lake Specific Plan. The actual Golf Course is anticipated to follow this proposal. AGENDA ITEM >. PAGE l'1 OP L�4 REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PAGE 3 OF 6 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-05 PROJECT DESCRIPTION The applicant is proposing to construct a Club House building and associated improvements that will support a future Golf Course. The construction of a Pump Building and Range Shack are also for consideration. Originally the applicant was requesting approval of a Maintenance/Golf Cart Building in addition to the Club House building, but it was decided to withdraw that portion of the application at this time. The proposed 5,186 square foot Club House building will be located on an approximately 3.5 acre parcel. The building coverage is approximately 3 percent (3 %) of the parcel area. The building will include a pro shop, restaurant, kitchen, offices, and restrooms. An outdoor public area that extends the entire rear length of the Club House building will provide unrestricted views of the Golf Course. The outdoor area will include a terrace restaurant, barbeque and fire pit area, and seating walls. Decorative concrete and decomposed granite paving will be used to highlight this area. A six foot (6') decorative split face block wall will be constructed along the northern and southern boundary lines providing a buffer between the Club House and the neighboring residential lots. The rear western property line will be left open to capture the expansive views of the Golf Course below and the Cleveland National Forest in the distance. Architecture The applicant is proposing to use Craftsman style architecture for the Club House building. Features include wood shingle siding and elongated windows with wide wood trim. The entry includes an extended wood trellis Porte- cochere with masonry based columns. Exposed rafter tails and heavy wood outlookers are added features of the varied roof lines. �.., AGENDA ITEM PAGE \S OF lilt REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PAGE 4 OF 6 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-05 Color and Materials The follow lists the colors and materials proposed for the Club House building: Architectural Feature Material Color Roof Cedarlite concrete tile Gray/Brown Walls Shingle Siding Green Attic Louvers Wood Dark Green Exposed wood/Trim Wood Redwood Parking The Club House parking lot is required to provide enough parking for both the Club House and the Golf Course. The applicant has met the requirements of both the East Lake Specific Plan's Parking Requirements and the Lake Elsinore Municipal Code Parking Requirements when the ELSP is silent. The Site Plan lists the parking requirements and states that 158 parking spaces are required. The project is providing 174 parking spaces plus 6 handicap spaces which meets and exceeds the requirements of both documents. One (1) loading space is also provided. As an added feature the applicant is providing lighting that will match the Craftsman style architecture of the proposed Club House building. Two (2) illuminated pilasters will be located on each side of the entry driveway. One pilaster will include the name and logo of the Golf Course while the other pilaster will include the City of Lake Elsinore's name and new logo. Landscaping Thirty -eight percent (38 %) or 84,582 square feet of the project site will be covered by landscaping material. A variety of planting materials will be used including plants that were common to the Craftsman era of the 1920's. The Club House entrance will include a decorative paved circular drop off area with a landscaped planter in the center. Forty -eight inch (48 ") box olives trees will line the entrance and one (1) seventy-two inch (72 ") box olive tree will be placed in the central planter. AGENDA ITEM PAGE 1q OF ley REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PAGE 5 OF 6 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-05 The paved parking area will include planters with trees spaced every three (3) to four (4) parking spaces apart providing shade and softening the hardscape of the parking lot. ANALYSIS The Club House is the first part of the future Golf Course complex, which will be the first golf course to be constructed within the City. The future Golf Course will add additional recreational opportunities to the City adding to the Cities new "Dream Extreme" philosophy of encouraging recreation. Staff feels that the Craftsman style Club House will blend well with the proposed future residential products to be built within the future residential development, since the Craftsman style is proposed for the residential units as well. Staff found the project meets the requirements of the East Lake Specific Plan, Amendment No. 6 and the City of Lake Elsinore's Municipal Code, ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), 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). CEQA Guidelines Section 1 5162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary. Section 15162 says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project. A Supplemental Environmental Impact Report (SE,IR) was approved and adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SCH #2003071050) and evaluated environmental impacts that would result from maximum build -out of the AGENDA ITEM ;`�'."`:' PAGE ,qOGP 4L� REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PAGE 6 OF 6 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-05 specific plan, which contemplated development of a golf course and clubhouse. The request for design review of the club house is consistent with the scope of the project as analyzed under the SEIR. The Project does not present substantial changes or new information regarding the potential environmental impacts of development. Therefore, no additional CEQA documentation is necessary. RECOMMENDATION It is recommended that the Planning Commission adopt the following Resolutions: Resolution No. 2006 -_, recommending to the City Council adoption of the Findings of Consistency with the Multiple Species Habitat Conservation Plan; and Resolution No. 2006 -_ recommending to City Council approval of Commercial Design Review No. 2006 -05 for a Club House building and associated improvements. Approval is based on the attached Findings, Exhibits, and Conditions of Approval. PREPARED BY: Linda M. Miller, AICP, Project Planner APPROVED BY: Rolfe M. Preisendanz, Director of Community Development ATTACHMENTS: 1. VICINITY MAP 2. RESOLUTIONS: a. RESOLUTION NO, 2006- RECOMMENDING CITY COUNCIL ADOPTION OF THE FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN b. RESOLUTION NO. 2006- RECOMMENDING CITY COUNCIL APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2006 -05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS 3. CONDITIONS OF APPROVAL 4. REDUCED EXHIBITS 5. FULL SIZED EXHIBITS 6. COLOR EXHIBITS (PRESENTED AT THE HEARING) AGENDA ITEM'.5 PAGE % GP Qy VICINITY MAP COMMERCIAL DESIGN REVIEW NO. 2006 -05 PLANNING COMMISSION AGENDA ITEM PAGE a� PF --— RESOLUTION NO.2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS THAT THE COMMERCIAL DESIGN REVIEW NO. 2006 -05 IS CONSISTENT WITH THE MULTIPLE - SPECIES HABITAT CONSERVATION PLAN(MSHCP) WHEREAS, Laing CP Lake Elsinore, LLC has submitted an application for Commercial Design Review No. 2006 -05 for a clubhouse building and associated improvements for a golf course that is located south of Malaga Road, southeast of Lucerne Street, north of Cereal Street and southwest of Mission Trail within East Lake Specific Plan Amendment No, 6 - APN 371- 030 -038; and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ( "LEAP ") and Joint Project Review ( "JPR ") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.82, requests for commercial design review are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by the Lake Elsinore City Council; and WHEREAS, the Project site is within two distinct MSFICP criteria cells: approximately three (3) acres of the total site are within cell 4846 and approximately three tenths (0.3) acres are within cell 4937; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), 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 AGENDA ITEM NO,.. PA0E_.23_OF Ct PLANNING COMMISSION RESOLUTION NO. 2006-_ PAGE 2 OF 6 adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, in accordance with CEQA Guidelines 15162, the Project does not present substantial changes or new information regarding the potential environmental impacts of development; 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 3, 2006. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Project and has evaluated the Project's consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and 'Zoning law, the City of Lake Elsinore Municipal Code, and the MSHCP, the Planning Commission makes the following findings that the Project is consistent with the MSHCP: MSHCP CONSISTENCY FINDINGS 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project must be reviewed for MSHCP consistency, which review shall include an analysis of the Project's AGENDA ITEM NO. > '• PAGE a Of_ __41._ PLANNING COMMISSION RESOLUTION NO. 2006-_ PAGE 3 OF 6 consistency with other "Plan Wide Requirements. " The Project is located within the East Lake Specific Plan (ELSP) area, specifically within the ELSP Amendment No. 6 area. Prior to the City's adoption of the MSHCP, there were a series of meetings between the County of Riverside, US. Fish and Wildlife Service, and California Department of Fish and Game to discuss conservation measures within the ELSP and to decide how to ensure development within the ELSP could proceed consistently with the MSHCP and with the U.S. Army Corps of Engineers Section 404 permit. It was determined that a target acreage of 770 acres was warranted for MSHCP conservation in the back basin area of the City. The Project site is within the ELSP and is covered by that conservation agreement. Part of the conservation agreement also included a requirement that projects in the back basin area be consistent with the other "Plan Wide Requirements" set forth in the following sections of the MSHCP: Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, § 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, § 6.1,3), Additional Survey Needs and Procedures (MSHCP, § 6.3.2), Urban /Wildlands Interface Guidelines (MSHCP, § 6.1.4), Vegetation Mapping (MSHCP, § 6.3. 1) requirements, Fuels Management Guidelines (MSHCP, § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4). The Project has been reviewed in light of these sections and is consistent therewith. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. The ELSP MSCHP consistency determination was submitted to the County of Riverside in October 2003, prior to the initiation of the City's LEAP and County's Joint Project Review process. Nevertheless, both the County and Dudek (acting on behalf of the County) agreed that the Project was consistent with the MSHCP due to the extensive acreage set aside for conservation, The Project has not been modified and was part of the overall ELSP which has been determined to be consistent with the MSHCP. 3. The Project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. AGENDA ITEM NO.� PACE E PLANNING COMMISSION RESOLUTION NO. 2006-_ PAGE 4 OF 6 The previously approved ELSP Amendment No. 6 was determined to be consistent with the RiparianlRiverine and Vernal Pool Guidelines as set ,forth in MSHCP § 61.2. The scope and nature of the Project have not been modified from that which was previously approved and is therefore consistent with the RiparianlRiverine Areas and Vernal Pools Guidelines, 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The previously approved ELSP Amendment No. 6 was consistent with the Protection of Narrow Endemic Plant Species Guidelines as set forth in MSHCP § 6.1.3. The Project has not been modified from that which was previously approved tender the ELSP Amendment No. 6. Additionally, based upon prior approvals, the entire project site has been graded and any plant species which may have existed on the site have been removed. It is for these reasons that the Project is consistent with the aforementioned guidelines. 5. The Project is consistent with the Additional Survey Needs and Procedures. The previously approved ELSP Amendment No. 6 was consistent with the Additional Survey Needs and Procedures as set forth in MSHCP § 6.3.2. The Project has not been modifed from that which was previously approved under the ELSP Amendment No. 6, and the entire project site has been graded pursuant to previously issued permits. The Project is consistent with the Additional Survey Needs and Procedures of the MSHCP. 6. The Project is consistent with the UrbanlWildlands Interface Guidelines. The previously approved ELSP Amendment No. 6 was consistent with the Urban/Wildlands Interface Guidelines as set forth in MSHCP § 6.1.4. Because the Project has not been modified from that which was previously approved under the ELSP Amendment No. 6, no further MSHCP review is necessary and the Project is consistent with the UrbanlWildlands Interface Guidelines. 7. The Project is consistent with the Vegetation Mapping requirements. AGENDA ITEM NO. PAGE _a b OF (+Lk. PLANNING COMMISSION RESOLUTION NO. 2006- PAGE 5 OF 6 The previously approved ELSP Amendment No. 6 was consistent with the Vegetation Mapping requirements as set forth in MSHCP § 6.3.1. Mapping was conducted as part of the biological surveys for the original project. The Project has not been modified from that which was previously approved and therefore is consistent with the Vegetation Mapping requirements. 8. The Project is consistent with the Fuels Management Guidelines. The previously approved ELSP Amendment No. 6 was consistent with the Fuels Management Guidelines as set forth in MSHCP, § 6.4. The Project site is not within or adjacent to conservation areas where the Fuels Management Guidelines would be required. The Project has not been modified from that which was previously approved and therefore is consistent with the Fuel Management Guidelines. 9, The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of project approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. IO.The Project overall is consistent with the MSHCP. As stated in No. 1 above, the Project is within the ELSP area which has previously been determined to be consistent with the MSHCP. 1 I .There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. SECTION 3. "Phis Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM - PAGE a� OF--� �- PLANNING COMMISSION RESOLUTION NO. 2006- PAGE 6 Or 6 PASSED, APPROVED AND ADOPTED this third day of October, 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Rolfe M. Preisendanz Director of Community Development Michael O'Neal, Chairman City of Lake Elsinore Ac%DR 17EM N - _ss -- -- PAG OF RESOLUTION NO. 2006-_ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2006 -05 FOR A CLUB HOUSE FOR A FUTURE GOLF COURSE FACILITY ASSOCIATED WITH THE LAING CP LAKE ELSINORE, LLC DEVELOPMENT WHEREAS, Laing CP Lake Elsinore, LLC has initiated proceedings for Commercial Design Review No. 2006 -05 for the design and construction of a clubhouse building and associated improvements located south of Malaga Road, southeast of Lucerne Street, north of Cereal Street, and southwest of Mission Trail within the East Lake Specific Plan Amendment No. 6 — APN No. 371- 030 -038 (the "Project'); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for Design Reviews; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), 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 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, a Supplemental Environmental Impact Report was approved and adopted in 2004 for the East Lake Specific Plan Amendment No, 6 (SCH #2003071050) and evaluated environmental impacts that would result from maximum build -out of the specific plan, which contemplated development of a golf course and clubhouse; and AGENDA ITEa� PAGE.____.. -- OF ._�- PLANNING COMMISSION RESOLUTION NO. 2006 -_ PAGE 2 OF A WHEREAS, the Project does not present substantial changes or new information regarding the potential environmental impacts of development; 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 3, 2006. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Project prior to making a decision to recommend that the City Council approve the Commercial Design Review No. 2006 -05. SECTION 2. The Planning Commission finds and determines that no new CEQA documentation is necessary for the Project given that any and all potentially significant environmental impacts of the clubhouse were analyzed in the previously approved and certified Supplemental Environmental Impact Report (SCH # 2003071050) for the East Lake Specific Plan Amendment No. 6. 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 the approval of the Commercial Design Review No. 2006 -05: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan and the East Lake Specific Plan Amendment No. 6 in that the approval of this clubhouse building will assist in the creation of additional job opportunities within the community. Moreover, the Project will assist in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging commercial land uses to diversify Lake Elsinore's economic base. AGENOA ITEM NO. PAGEJL_OF_ �- PLANNING COMMISSION RESOLUTION NO. 2006 -_ PAGE 3 OF 4 2. The Project complies with the design directives contained in the East Lake Specific Plan Amendment No. 6 and all applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the clubhouse building has been designed in consideration of the size and shape of the property. Sufficient setbacks and onsite landscaping have been provided thereby creating interest and varying vistas. In addition, ,safe and efficient circulation has been achieved onsite. Further, the Project will complement the future proposed residential development and will create a visually pleasing, non- detractive relationship between the proposed development. The Craftsman style architecture of the building will also be used within the residential development and will tie the architecture of the two segments of the community) together. Design features such as wood shingles, elongated windows with wide wood trim, wood trellis porte cochere with masonry based columns, exposed rafter tails, wood outlookers and varying roof lines provide evidence of a concern for quality and originality. 3, Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. The Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. The potential impacts associated with the project do not result in substantial change to the previously adopted Supplemental Environmental Impact Report. Therefore, no additional environmental review is necessary for the proposed project pursuant to CEQA Guidelines Section 15162. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82, Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the Project has been scheduled for consideration and approval of the Planning Commission on October 3, 2006. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. AGENttA Sr %J N0. ` PAGE�wOF Cr PLANNING COMMISSION RESOLUTION NO. 2006 - PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 3rd day of October 2006, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: Rolfe M. Preisendanz Director of Community Development Michael O'Neal, Chairman City of Lake Elsinore AGENDA JTEAA N0. PAGE 31 0F_ _y_t� CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371- 030 -038 (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 raised.) GENERAL CONDITION 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the commercial project, which action is bought within the time period provided for in California Government Code Sections 65009 and /or 66499.37, and Public Resources Code Section 21167, The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. PLANNING DIVISION 2. Applicant shall comply with all mitigation measures associated with the Supplemental Environmental Impact Report for the East Lake Specific Plan Amendment No. 6 as applicable. 3. Approval for Commercial Design Review No. 2006 -05 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 4. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division for Plan Check, All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. AGENDA ITEM IVO._;�j PACE._.___ 0F.__!��t_ CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371- 030 -038 5. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Director of Community Development. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 6. Any revisions to the interior floor plans that could cause the requirement for additional parking shall be subject to the review and approval of the Director of Community Development or designee. 7. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property, public streets, or Interstate 15 Any material covering the roof equipment shall match the primary wall color. 8. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 9. All loading zones shall be clearly marked with yellow striping and shall comply with the requirements of the LEMC. I O.Applicant shall meet ADA (Americans with Disabilities Act) requirements. Deleted per Planning Commission Hearing of October 3, 2006 PAGE CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371- 030 -038 11. The applicant shall construct a six foot (6 ) decorative split face block wall with pilasters along the northern and southern boundaries. Added per Planning Commission Hearing of October 3, 2006 12.Trash enclosures shall be constructed per City standards as approved by the Community Development Director. A minimum of a 5' landscaped planter is required on each side of the trash enclosure. 13.No exterior roof ladders shall be permitted. 14.Applicant shall use roofing materials with Class "A" fire rating. 15.All exterior downspouts shall be painted to match with building exterior color. 16.The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond, submit a site plan and processed through the Planning Division. 17.Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved by the Community Development Director or designee. 18.0n -site surface drainage shall not cross sidewalks. 19.Parking stalls shall be double - striped with four -inch (4 ") lines two feet (2') apart. 20.All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Landscape Architectural Consultant and Planning Division. CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371 - 030 -038 Prior To Building /Grading Permits 21.Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 22.All signs require review and approval by the Planning and Building and Safety Divisions prior to installation. All Sign Programs require review and approval by the Planning Commission prior to obtaining sign permits. 23.Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty- four -inch (24 ") box in size. c) All planting areas shall be separated from paved areas with a six -inch (6 ") high and six -inch (6 ") wide concrete curb. d) Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. UA NO CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006 -05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371 - 030 -038 f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. The release of the landscape bond shall be requested by the applicant at the end of the required two years with approval /acceptance by the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 24.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 25.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 26.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. AGENDA ITLEA N4._ PALL° 3 -Lor_� CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006 -05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371- 030 -038 27.Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. 28.The applicant shall pay the Multi Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee of $5,620.00 per acre prior to obtaining building permits. The fee shall be calculated on the Club House parcel only (APN 371- 030 -038). 29.The Applicant shall place a weatherproof 3'x3' sign at the entrance to the project site identifying the approved days and hours of operation and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674 -3124. Deleted per Planning Commission Hearing of October 3, 2006 30. Site preparation activity and construction shall not commence before 7:00 am and shall cease at 7,•00 pm, Monday through Saturday. Added per Planning Commission Hearing of October 3, 2006 ENGINEERING DIVISION General Requirements: 3 LA grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. AG L N D1,11 i I 'I.: M 7 @D. _. ATA Deleted per Planning Commission Hearing of October 3, 2006 30. Site preparation activity and construction shall not commence before 7:00 am and shall cease at 7,•00 pm, Monday through Saturday. Added per Planning Commission Hearing of October 3, 2006 ENGINEERING DIVISION General Requirements: 3 LA grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. AG L N D1,11 i I 'I.: M 7 @D. _. CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006 -05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371- 030 -038 32.Prior to commencement of grading operations, the applicant shall provide 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. 33.All grading shall be done under the supervision of a geotechnical engineer. The engineer shall certify all slopes steeper than 2 to I for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 34.An Encroachment Permit shall be obtained prior to any work on City right -of- way. 35.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. Overhead utilities shall be undergrounded. 36.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. 37.The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 38.Provide fire protection facilities as required in writing by Riverside County Fire. 39.Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP,TIF, and area drainage fees. 40.Ten (10) year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities shall be provided. AGE NDA 1 `:M No.._._. CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371- 030 -038 41.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 42.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 43.Slopes and landscaping within public right -of -way shall be maintained by property owner's association. 44.All open space and slopes except for public parks and schools and flood control district facilities, outside the public right -of -way shall be owned and maintained by property owner's association. 45.In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 46.0n -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 47.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 48.Development within the Floodplain shall meet City and FEMA floodplain requirements. 49.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. nnct.- 4�...0�.... CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006 -05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371 - 030 -038 50.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. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 51.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 52.Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) 53.City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local stonn 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 54.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 AGENDA !M`.iNO.__L PACE, (,L� CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371- 030 -038 55.The grading plan shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 56.Construction Project access and hauling route shall be submitted and approved by the City Engineer, 57.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 58.An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site. 59.The applicant shall obtain all necessary off -site easements and /or permits for off -site grading and /or drainage acceptance from the adjacent property owners prior to grading permit issuance. 60.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. 61.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. 62.Applicant shall provide proof that the project meets FEMA floodplain requirements and balance of grading (fill /removal) in the floodplain per RCFC District requirements, CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371- 030 -038 Prior to Issuance of Building Permit 63.AI1 Public Works requirements shall be complied with as a condition of development specific for this project and as required in the Specific Plan. 64.Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 65.The applicant shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 66.Submit proof that the project meets the minimum floodplain elevation (1267') requirements. 67.Pay all Capital Improvement TIF, Railroad Canyon Benefit District Fees, and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 68.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. 69.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x I1" Mylar) shall be submitted to the Engineering Division before final inspection of off -site improvements will be scheduled and approved. 70.All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. AGENDA 11 VA pillar- . i- OF' 4� CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371- 030 -038 71.All signing and striping and traffic control devices shall be installed. This includes Street Name Signs, Parking and Stop signs, and signing and striping onsite. A signoff from the City Traffic Engineer is required. 72.Water and sewer improvements shall be completed in accordance with Water District requirements. 73.Proof of acceptance of maintenance responsibility of slopes, open spaces, and drainage facilities shall be provided. 74. Elevation Certificates shalt be provided. 75.TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. End of Conditions Note: A °tee tn indicates the removal of a condition, italics indicates the addition of a condition. AGENDA NO