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HomeMy WebLinkAbout11/28/2006 CC Reports CITY OF LAKE ELSINORE CITY COUNCIL AGENDA ROBERT E. "BOB" MAGEE, MAYOR ROBERT L. SCillFFNER, MAYOR PRO TEM THOMAS BUCKLEY, COUNCILMEMBER DARYL HICKMAN, COUNCILMEMBER GEN[E KELLEY, COUNC[LMEMBER ROBERT A. BRADY, CITY MANAGER WWW.LAKE-ELSINORE.ORG (95[) 674-3[24 PHONE (95[) 674-2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELS[NORE, CA 92530 ************************************************************* TUESDAY, NOVEMBER 28, 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. Thankyouforyourcooperauon! CALL TO ORDER . ROLL CALL CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8): Property: APN 370-060-050 - 33751 Mission Trail Negotiating parties: City of Lake Elsinore and County of Riverside Under negotiation: price and terms of payment B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation pursuant to Subdivision (c) of Gov't Code ~54956.9) (2 potential cases) RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE INVOCATION - MOMENT OF SILENT PRAYER Page 2 - City Council Agenda - November 28, 2006 ROLL CALL PRESENTATIONS/CEREMONIALS A. Presentation - Certificate of Appreciation B. Proclamation - American Education Week C. Chamber Update 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.) 1. Minutes. a. Joint City Council/Redevelopment Agency Study Session - October 24, 2006. b. Joint City Council/Redevelopment Agency Study Session- November 9,2006. RECOMMENDATION: Approve. 2. Claim against the City. RECOMMENDATION: Reject the claim. Page 3 - City Council Agenda - November 28, 2006 3. Library Building Fund contribution for equipment. RECOMMENDATION: Approve the funding for the projector. 4. Lease Agreement and Relocation Agreement. RECOMMENDATION: 5. Final Map No. 30494-1. RECOMMENDATION: 6. Final Map No. 30494-2. RECOMMENDATION: Approve the Settlement and Relocation Payment Agreement. Authorize the Mayor to execute the agreement. Approve the Lease Agreement. Authorize the Mayor to execute the agreement. Approve Final Map No. 30494-1. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation. Approve Final Map No. 30494-2. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation. 7. Agreement between CAL TRANS and the City of Lake Elsinore for State over-site work on the Central Avenue/State Route 74 interim improvement project. RECOMMENDATION: Approve the agreement with CALTRANS. Authorize the Mayor to execute the agreement. Page 4 - City Council Agenda - November 28, 2006 PUBLIC HEARING 21. Resolution approving the increase of assessments for Lake Elsinore Landscape and Street Lighting District No.1 - addition of park landscaping to Serenity - Zone 4 pursuant to the Landscaping and Lighting Act of 1972. RECOMMENDATION: Open the public hearing and call for testimony. Close the public hearing. Direct the City Clerk to open sealed ballot(s), tally vote(s), announce the vote tally and state whether a majority protest exists. If no majority protest exists, then by motion, adopt Resolution No. 2006-193 approving the increase of assessments and the levy of assessments. 22. Approving a Joint Community Facilities Agreement and a Funding, Construction and Acquisition Agreement, approving the formation of CFD 2006-8 (Running Deer Estates); calling a special election; canvassing election results; authorizing levy of special taxes. RECOMMENDATION: Open the public hearing and call for testimony. Close the public hearing. Adopt Resolution No. 2006-194 approving the Joint Facilities Agreement and a Funding, Construction and Acquisition Agreement. Adopt Resolution No. 2006-195 approving the formation of the District. Adopt Resolution No. 2006-196 to incur bonded indebtedness and calling a special election. Page 5 - City Council Agenda - November 28, 2006 Direct the City Clerk to open sealed ballot(s), tally vote(s), and announce the vote tally. Adopt Resolution No. 2006-197 ordering canvassing of the election results. Conduct first reading of Ordinance No. 1203 authorizing the levy of special tax. 23. Approving a Joint Community Facilities Agreement and a Fee Deposit and Reimbursement Agreement, approving the formation of CFD 2006-10 (Riverlake Villas); calling a special election; canvassing election results; authorizing levy of special taxes. ECOMMENDA nON: Open the public hearing and call for testimony. Close the public hearing. Resolution No. 2006-198 approving the Joint Facilities Agreement and a Fee Deposit and Reimbursement Agreement. Adopt Resolution No. 2006-199 approving the formation of the District. Adopt Resolution No. 2006-200 to incur bonded indebtedness and calling a special election. Direct the City Clerk to open sealed ballot(s), tally vote(s), and announce the vote tally. Adopt Resolution No. 2006-201 ordering canvassing of the election results. Conduct first reading of Ordinance No. 1204 authorizing the levy of special tax. Page 6 - City Council Agenda - November 28, 2006 24. Resolution determining the validity of prior proceedings relating to annexation of property into City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services); call a special election; canvassing election results; authorizing levy of special tax for CFD No. 2003-1 Annexation Area No. 21 (Riverlake Villas). RECOMMENDATION: Open the public hearing and call for testimony. Close the public hearing. Resolution No. 2006-202 determining the validity of prior proceedings. Adopt Resolution No. 2006-203 calling a special election. Adopt Resolution No. 2006-204 ordering canvassing of the election results. Conduct first reading of Ordinance No. 1205 authorizing the levy of special tax. 25. Zoning Ordinance Text Amendment No. 2006-02; a request to amend portions ofthe Lake Elsinore Municipal Code (LEMC). RECOMMENDATION: Approve and conduct the first reading of Ordinance No. 1206 amending portions of the LEMC Chapter 17.40, 17.44, 17.48, 17.52, 17.54, 17.56, 17.60, and 17.66 with an effective date of the Ordinance to be January 10,2007. Page 7 - City Council Agenda - November 28,2006 APPEALS 26. Appeal of Condition of Approval No. 35 for a Minor Design Review of a single-family residence located at 15087 Larson Road (APN: 379-080-050). RECOMMENDATION: Deny the appeal and uphold the Planning Commission's decision to require that the proposed residence connects to the existing pubic sewer servIce. BUSINESS ITEMS None. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting) CITY MANAGER COMMENTS CITY ATTORNEY COMMENTS COMMITTEE REPORTS CITY TREASURER COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT MINUTES REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 24,2006 - 5:00 P.M. ************************************************************* CALL TO ORDER The Redevelopment Agency Meeting was called to order by RDA Chairwoman Kelley at 7:45 p.m. ROLLCALL PRESENT: BOARDMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: BOARDMEMBERS: NONE Also present were: Executive Director Brady, Legal Counsel Leibold, Community Development Director Preisendanz, Lake & Aquatic Resource Director Kilroy, Community Services Director Sapp, City Engineer Seumalo, Information/Communications Manager Dennis, Building & Safety Manager Chipman, Planning Manager Weiner, Lieutenant Wilson and Clerk of the Board Ray. CLOSED SESSION None. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE No comments. Agenda Item No. Page I 00 Page 2 -Redevelopment Agency Minutes - October 24, 2006 PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES No comments. CONSENT CALENDAR MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following minutes were approved: a. Joint City Council/Redevelopment Agency Study Session- September 12,2006. b. Redevelopment Agency Meeting - September 12,2006. c. Joint City Council/Redevelopment Agency Study Session - September 26, 2006. BUSINESS ITEMS None PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES No comments. EXECUTIVE DIRECTOR COMMENTS No comments. LEGAL COUNSEL COMMENTS None. BOARDMEMBER COMMENTS No comments. Agenda Item No. Page 2 oB Page 3 -Redevelopment Agency Minutes - October 24, 2006 ADJOURNMENT THE REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 7:46 P.M. GENIE KELLEY, CHAIRWOMAN REDEVELOPMENT AGENCY RESPECTFULLY SUBMITTED: MICHELLE SOTO, DEPUTY CLERK OF THE BOARD ATTEST: FREDERICK RAY, CLERK OF THE BOARD REDEVELOPMENT AGENCY Agenda Item No. Page 3 00 I I MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, NOVEMBER 9, 2006 ******************************************************************** CALL TO ORDER Mayor Magee called the Joint Study Session to order at 5:34 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Lake & Aquatic Resource Director Kilroy, Community Services Director Sapp, Information/Communications Manager Dennis, RDA Analyst McCarty-Snead, Chief of Police Fetherolf and City Clerk Ray. DISCUSSION ITEM A. Civic Center. Corey Taylor, Porto Romano LLC, noted that his company had volunteered to make a portion of their site available as a possible location for a new City hall. He noted that they had commissioned an architect to come up with some preliminary drawings. He noted that they were able to put together a 3-story building that would be an estimated 100,000 square feet. He noted that the building would have great views of the lake and would be extremely visible from the freeway. He noted that the site would be approximately 2.5 acres. He Agenda Item No. Pagel of_ Page 2 - City Council Meeting Minutes - November 9, 2006 noted that the new City hall would include a library site, post office site, other City offices and possible County offices. He noted that ifthe City did not need the whole site, portions could be leased to other private business. He noted that his company was happy to donate the land to the City. City Manager Brady commented on the item. He noted previous discussions at prior Council Meetings and Study Sessions. He noted that the direction Council had provided was that their preference was to try and keep the new development of the Civic Center in the downtown area on Main Street. He commented that he met with the Superintendent of the LEUSD, who mentioned that they were looking for new administrative offices. He commented on his discussion with the Acting Postmaster. Administrative Services Director Pressey presented an executive summary of the Civic Center. He noted the types of facilities for the site. He noted the potential sites that Council had previously discussed. He commented on the idea of adding a School District Administration Building, in addition to Federal, State and County offices. He noted that the initial cost for construction of the building alone would be an estimated $27.5 million. Administrative Services Director Pressey commented on a parking lot for the Civic Center. He noted that the number of parking spaces needed was based on the size of the building per the Building Code. He noted that the parking structure was $60 per square foot versus the $7.50 per square foot for an "on ground" parking lot. He noted that the cost for the "on ground" parking lot included the asphalt, landscaping and lighting. Administrative Service Director Pressey commented on the potential sites. He further commented on the acreage and estimated land cost per site. He noted that staff had come up with a preliminary view of which sites made sense. He noted that the next step would be to find the pros and cons of the selected sites. Mayor Magee commended Administrative Services Director Pressey on the work and detail he had put into the packet that was provided to Council. Administrative Services Director Pressey noted that it was a team effort. Agenda Item No. Page 2 of_ Page 3 - City Council Meeting Minutes - November 9, 2006 Councilmember Hickman noted that the developer agreement for Ramsgate allocated $100 thousand for a study. He inquired if the study had been provided to staff. City Attorney Leibold noted that the developer paid $100 thousand to the City to conduct a study. She noted that there was some renegotiation on the allocation ofthe funds and what the money was used for. Councilmember Hickman commented that he wanted to keep the Civic Center on Main Street. He suggested Site No.3. Mayor Pro Tern Schiffner commented that he would like to see the Civic Center on Main Street. He suggested Site No.5. Councilmember Buckley commented on the Porto Romano issue. He noted that he did not feel that it would be appropriate for City Hall to be a tenant. He noted that the new Civic Center needed to be downtown. He commented that it would be disastrous if City Hall left downtown. He commented that the Post Office would get a lot of foot traffic and bring people downtown. Councilmember Buckley commented on the ownership status of the library. Mayor Magee commented on the library building. He noted that the building was donated by Wells Fargo. Councilmember Buckley inquired how much the Post Office paid to lease their space. Post Office Representative commented that the lease was about $1,000 a month. Councilmember Buckley commented on Site No.5. He inquired on the ability of joining the sites. Administrative Services Director Pressey clarified where everything would be located. Councilmember Buckley inquired if Site No.4 would bring the traffic downtown. He noted that he preferred Site No.4 compared to Site No.5. Agenda Item No. Page 3 of_ Page 4 - City Council Meeting Minutes - November 9, 2006 Councilmember Buckley suggested a glass and steel building with reflective glass. He inquired on the size of the current post office. Post Office Representative commented that their facility was currently 10,000 square feet. He noted that the parking was very limited. Councilmember Buckley commented on Federal Assistance. He inquired about communication with the Ferguson Group. Information/Communications Manager Dennis noted that the Ferguson Group would be putting an analysis together. Councilmember Buckley commented on eminent domain. Administrative Services Director Pressey noted that the process for building the Civic Center would take longer if eminent domain would be pursued. Councilmember Kelley noted that she liked Site No.3 and Site No.5. She noted that she could not support the other sites. She noted that including the library was of the utmost importance. Library Representative commented that the current library was owned by the County. Councilmember Kelley noted that because of the Mitigation Fee, the library would almost be able to pay for itself. Mayor Magee commented that the three uses that Council was looking at were a City Hall, library and modified post office. He noted that Site No.8 would be a gateway to the community. He noted that he had not heard anyone speak in consideration of the item. He noted that Site No.8 should be removed from consideration. He suggested having staff going after Site Nos. 3,4 and 5 and the uses discussed, and have them come back to Council within the next 3 months ready to take the next step. Councilmember Hickman noted that Site No.2 was good. He noted that Site No.3 would work ifthe land between Heald Avenue and Franklin Street could be obtained. Agenda Item No. Page 4 of_ Page 5 - City Council Meeting Minutes - November 9, 2006 Mayor Pro Tern Schiffner commented that ifthe Council had planned on building a permanent structure for long-term use, the Cultural Center should be discontinued in use. Councilmember Buckley commented on Site No.5. He noted that the lots on the other side of Acacia Drive needed to be added to the overall site. MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO DIRECT STAFF TO PURSUE SITE NOS. 2, 3, 4 AND 5 WITH THE ADDITIONAL COMMENTS MADE BY COUNCILMEMBERS PARTICULAR TO EACH ONE OF THE SITES AND THAT STAFF PURSUE THE USES BEING A CITY HALL, CHAMBERS, LIBRARY AND POST OFFICE. ADJOURNMENT THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY SESSION WAS ADJOURNED AT 6:27 P.M. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE GENIE KELLEY, CHAIRWOMAN REDEVELOPMENT AGENCY Respectfully submitted, MICHELLE SOTO, DEPUTY CITY CLERK Agenda Item No. Page 5 of_ Page 6 - City Council Meeting Minutes - November 9, 2006 ATTEST: FREDERICK RAY, CITY CLERK Agenda Item No. Page 6 of_ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 28, 2006 SUBJECT: CLAIM AGAINST THE CITY BACKGROUND Claims filed against the City of Lake Elsinore are reviewed and handled by Carl Warren & Company, Claims Administrators. When received, each claim is logged in the City Clerk's Office and forwarded to this company for investigation. After initial review and investigation, direction is issued to the City to take one of several actions such as rejection, notification of late claim or reservation of action until further information is obtained. DISCUSSION The following claim has been recommended for rejection by Carl Warren & Company: CL#2006-26 - Janice K. Orr FISCAL IMPACT None. RECOMMENDATION Reject the claim listed above and direct the City Clerk to send a letter informing the claimants of this decision. REPORT TO CITY COUNCIL NOVEMBER 28, 2006 PREPARED BY: JESSICA GUZMAN, OFFICE SPECIALIST REVIEWED BY: FREDERICK RAY, CITY CLERK APPROVED FOR AGENDA BY: ROBERT BRADY, CITY MANAGER CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 28,2006 SUBJECT: LIBRARY BUILDING FUND CONTRIBUTION FOR EQUIPMENT BACKGROUND City Council has approved $80,000 in the Capital Improvement Program (CIP) budget to be paid for the purchase of books made by the two libraries. DISCUSSION The Lakeside Library manager has approached staff to request that approximately $1,429.87 be used for a Dell 3400 DLP projector. The new library has a community room which is frequently used by the community at large as well as the Lakeside High School. The library already has a laptop for use but does not have an accompanying projector. The request dated November 1,2006 is attached for your review. FISCAL IMPACT The funding is already included in the 2006-2010 CIP. RECOMMENDATION Staff recommends that the City Council approve the funding of the projector. REPORT TO CITY COUNCIL NOVEMBER 28, 2006 PAGE 2 PREPARED BY: MATT N. PRESSEY DIRECTOR OF ADMINISTRATIVE SERVICES APPROVED FOR AGENDA BY: CITY MANAGER'S OFFICE CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 28, 2006 SUBJECT: LEASE AGREEMENT AND LESSEE RELOCATION AGREEMENT BACKGROUND City Staff has looked into taking over the music store facility space next to City Hall. The space is 1,449 sf., which would provide sufficient space to accommodate City Hall space growth during the next 3 to 5 year time frame to complete a new City Hall. DISCUSSION The Music Store lessee is willing to terminate her lease early and relocate to another facility. Attached is an agreement between the City and the Lessee. The City would compensate the lessee $20,000 for early termination of her lease, relocation and reestablishment costs. The facility owner is willing to enter into a 5-year lease to the City at a lease rate of $1.25/sf. with a 5% escalation starting in year 3 at $1.31/sf. The lease agreement is attached. FISCAL IMPACT The new lease at $1.25/sf. will cost $12,678 for the rest of fiscal year 2006-07. For the remaining, lease term, the annual fiscal year payments will be $21,735, $22,343.58, $22,778.28, 22,778.28 and 13,287.33 for fiscal year 2008 through 2012, respectively. The music store would receive a one time payment of $20,000. REPORT TO CITY COUNCIL NOVEMBER 28, 2006 PAGE 2 RECOMMENDATION It is recommended that City Council approve the agreement with music store lessee and a lease with the owner of the facility. PREPARED BY: MATT N. PRESSEY DIRECTOR OF ADMINISTRATIVE SERVICES APPROVED FOR AGENDA BY: CITY MANAGER'S OFFICE CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 28, 2006 SUBJECT: FINAL MAP NO. 30494-1 APPLICANT: PARDEE HOMES REQUEST Approval of Final Map No. 30494-1 located on approximately 191 acres. The proposed map proposes sixty-five (65) residential lots and twenty-three (23) lettered lots for streets, public utilities and drainage purposes. LOCATION The proposed Final Map is located south of Canyon Hills Road and east of Cottonwood Canyon Road. BACKGROUND At their regularly scheduled meeting of October 25, 2005, the City Council approved Tentative Tract Map No. 30494. DISCUSSION Staff has reviewed the Final Map and finds it in substantial conformance to Tentative Tract Map No. 30494 and that all Conditions of Approval relative to the Final Map approval have been completed. REPORT TO CITY COUNCIL November 28, 2006 PAGE 2 FISCAL IMPACT None. RECOMMENDATION Staff Recommends that: 1. The City Council approve Final Map No. 30494-1 subject to the City Engineer's acceptance as being true and correct. 2. That the City Council authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 30494-1. PREPARED BY: KEN A. SEUMALO, CITY ENGINEER APPROVED FOR AGENDA BY: CITY MANAGER'S OFFICE Attachment: Vicinity Map CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 28, 2006 SUBJECT: FINAL MAP NO. 30494-2 APPLICANT: PARDEE HOMES REQUEST Approval of Final Map No. 30494-2 located on approximately 43.23 acres. The proposed map proposes fifty-six (56) residential lots and two (2) lettered lots for streets and public utility purposes. LOCATION The proposed Final Map is located east of Cottonwood Canyon Road and north of the City/County boundary limits. BACKGROUND At their regularly scheduled meeting of October 25, 2005, the City Council approved Tentative Tract Map No. 30494. DISCUSSION Staff has reviewed the Final Map and finds it in substantial conformance to Tentative Tract Map No. 30494 and that all Conditions of Approval relative to the Final Map approval have been completed. REPORT TO CITY COUNCIL November 28, 2006 PAGE 2 FISCAL IMPACT None. RECOMMENDATION Staff Recommends that: 1. The City Council approve Final Map No. 30494-2 subject to the City Engineer's acceptance as being true and correct. 2. That the City Council authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 30494-2. PREPARED BY: KEN A. SEUMALO, CITY ENGINEER APPROVED FOR AGENDA BY: CITY MANAGER'S OFFICE Attachment: Vicinity Map CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 28, 2006 SUBJECT: AGREEMENT BETWEEN CAL TRANS AND THE CITY OF LAKE ELSINORE FOR STATE OVERSITE WORK ON THE CENTRAL A VENUE/STATE ROUTE 74 INTERIM IMPROVEMENT PROJECT. BACKGROUND During the development of the CostcolLowes and Home Depot projects, street improvements were installed on the north side of Central Avenue as a requirement of each development. CAL TRANS was involved with the proposed improvements since Central Avenue is a State Route (SR-74) in this area. Through several meetings with the CAL TRANS, it was determined that widening the Central Avenue under-crossing was needed in order to provide an increase in traffic capacity and improve the diminished level of service. Although there is an ultimate interchange improvement currently being processed through CAL TRANS, the increased capacity is needed now. In response, Staff developed the "SR-74/I-l5 Interchange Interim Improvement Project" which is included in the City's Capital Improvement Program (CIP). The interim project will increase travel lanes under 1-15 as well as provide additionallanes on the freeway ramps. CALTRANS is processing this project as an encroachment permit. DISCUSSION As a part of the CALTRANS process for encroachment permits, an agreement is required which describes the financial and administrative responsibility of each agency as it relates to the proposed project's design, inspection, project review and maintenance. This agreement, called an Oversight Agreement, requires the City's execution. Attached is the CAL TRANS Oversight Agreement document which identifies the duties and responsibilities of both the City and the State for the SR- REPORT TO CITY COUNCIL NOVEMBER 28, 2006 PAGE 2 74/1-15 Interchange Interim Improvement Project. The City Attorney's office has approved the agreement as to form. FISCAL IMPACT There is no fiscal impact related to this agreement beyond the original project budget as approved in the 2006/07 Capital Improvement Program. The project, currently budgeted for $3,070,000, is being financed through various local funding sources as described on the attached program project description. RECOMMENDATION 1. Approve the agreement with CAL TRANS and direct the Mayor to execute the document for processing. PREPARED BY: KEN A. SEUMALO, CITY ENGINEER APPROVED FOR AGENDA BY: CITY MANAGER'S OFFICE Attachment: Location Map Project Description sheet Agreement CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 28, 2006 SUBJECT: PUBLIC HEARING - RESOLUTION APPROVING THE INCREASE OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1 - ADDITION OF PARK LANDSCAPING TO SERENITY- ZONE 4 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 BACKGROUND On October 10,2006, the City Council adopted a resolution declaring its intent to increase assessments for Landscape and Street Lighting District No. 1 - Zone 4 and approved an Engineer's Report for the Landscape and Street Lighting District No.1 - Addition of Park Landscaping to Serenity - Zone 4. DISCUSSION 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 and 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 REPORT TO CITY COUNCIL NOVEMBER 28, 2006 PAGE 2 benefit, since the creation ofthis 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. The 1972 Act requires that a special fund be set up for the revenues and expenditures ofthe District and each annexation or zone tracked separately. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. The City Council may approve up to a two percent (2%) fixed rate adjustment annually. The rate adjustment will adjust the Maximum rate but not necessarily the assessment rate. If costs begin to exceed assessment revenue, the City Council may increase the assessment up to the Maximum. 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 REPORT TO CITY COUNCIL NOVEMBER 28, 2006 PAGE 3 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. RECOMMENDATION This is an advertised Public Hearing. The following is recommended to the City Council: 1. Open the Public Hearing and call for testimony 2. Close the Public Hearing 3. Direct the City Clerk to open sealed ballot(s), tally vote(s), announce the vote tally and states whether a majority protest exists 4. Ifno majority protest exists, then by motion, adopt Resolution No. 2006- 193 approving the increase of assessments and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No. 1 - Zone 4 PREPARED BY: MATT N. PRESSEY DIRECTOR OF ADMINISTRATIVE SERVICES APPROVED FOR AGENDA BY: CITY MANAGER'S OFFICE CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 28, 2006 SUBJECT: PUBLIC HEARING - APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT AND A FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT, APPROVING THE FORMATION OF CFD 2006-8 (RUNNING DEER ESTATES); CALLING A SPECIAL ELECTION; CANVASING ELECTION RESULTS; AUTHORIZING LEVY OF SPECIAL TAXES BACKGROUND On October 10, 2006, the City adopted a resolution approving a Deposit and Reimbursement Agreement; a resolution of intention to form Community Facilities District (CFD) 2006-8 (Running Deer Estates); and a resolution of intention to incur bonded indebtedness to finance the facilities. DISCUSSION The Developer plans to develop 100 single family residential units (the "Project"). Joint Community Facilities Agreement A Joint Community Facilities Agreement ("JCFA") will be entered into between the City, Elsinore Valley Municipal Water District (EVMWD) and the developer due to the inclusion ofEVMWD facilities and fees. Another JCFA will be entered into between the City, Lake Elsinore Unified School District (LEUSD) and the developer due to the inclusion ofLEUSD fees. Funding Construction and Acquisition Agreement This agreement has typically been approved by City Council as part of approving the bond issue, but now will be included as part ofthe Formation Public Hearing. REPORT TO CITY COUNCIL NOVEMBER 28, 2006 PAGE 2 This is a standard agreement developed by the Finance team to identify and agree on the funding and what will be constructed and acquired with the funding. 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 ("EVMWD Fees"), LEUSD impact fees 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. 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. These services include police, fire (including paramedic), maintenance of parks, open space and storm drains. REPORT TO CITY COUNCIL NOVEMBER 28, 2006 PAGE 3 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 The administrative cost of forming the district incurred by the City will be paid by a deposit made by the developer. Repayment of the bonds are 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 City will, however, be faced with a long-term obligation going forward to maintain the City public facilities constructed as part of the development. RECOMMENDATION This is an advertised Public Hearing. The following is recommended to the City Council: 1. Open the Public Hearing and call for testimony 2. Close the Public Hearing 3. Adopt Resolution No. 2006-194 approving the joint facilities agreement and a funding, construction and acquisition agreement 4. Adopt Resolution No. 2006-195 approving the formation of the District 5. Adopt Resolution No. 2006-196 to incur bonded indebtedness and calling a special election 6. Direct the City Clerk to open sealed ballot(s), tally vote(s), announce the vote tally and state whether 2/3 of the voters are in favor 7. Adopt Resolution No. 2006-197 ordering canvassing of the election results REPORT TO CITY COUNCIL NOVEMBER 28, 2006 PAGE 4 8. Conduct first reading of the Ordinance No. 1203 authorizing the levy of special tax PREPARED BY: MATT N. PRESSEY DIRECTOR OF ADMINISTRATIVE SERVICES APPROVED FOR AGENDA BY: CITY MANAGER'S OFFICE CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 28, 2006 SUBJECT: PUBLIC HEARING - APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT AND A FEE DEPOSIT AND REIMBURSEMENT AGREEMENT, APPROVING THE FORMATION OF CFD 2006-10 (RIVERLAKE VILLAS); CALLING A SPECIAL ELECTION; CANVASING ELECTION RESULTS; AUTHORIZING LEVY OF SPECIAL TAXES BACKGROUND On October 24, 2006, the City adopted a resolution approving a Deposit and Reimbursement Agreement; a resolution of intention to form Community Facilities District (CFD) 2006-10 (Riverlake Villas); and a resolution of intention to incur bonded indebtedness to finance the facilities. DISCUSSION The Developer plans to develop 51 multi-family residential units (the "Project"). Joint Community Facilities Agreement A Joint Community Facilities Agreement ("JCFA") will be entered into between the City, Elsinore Valley Municipal Water District (EVMWD) and the developer due to the inclusion of EVMWD fees. Fee Deposit and Reimbursement Agreement Development costs are only eligible for reimbursement with CFD funding ifpaid after the bonds are issued. Given the nature of the proposed reimbursable costs and the timing of when bonds will be issued, a Fee Deposit and Reimbursement agreement is necessary for the fees to be reimbursed from the CFD bond proceeds. REPORT TO CITY COUNCIL NOVEMBER 28, 2006 PAGE 2 Citv and Riverlake Villas Partners. L.P.- Under the agreement, the City will hold as a fee deposit, the equivalent amount ofthe developer fees. The City will be paid the developer fees from the future bond proceeds and the deposit collected from the developer would be reimbursed to the developer. If the bonds do not go forward, the fee deposit will be released to the City. Special Tax The average residential special tax is estimated at $3,143. The annual CFD Special Taxes, when combined with all other property taxes applicable to the Project, have been established so as not to exceed 1.98% ofthe 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, water and irrigation capacity fees ("EVMWD Fees") 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 $2,500,000. The bond issue is expected to be approximately $1.8 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. 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 REPORT TO CITY COUNCIL NOVEMBER 28, 2006 PAGE 3 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 15 of the RMA, residential property will be assessed $246.84 per single family unit and $123.42 per multifamily unit for FY 2006-07. FISCAL IMPACT The administrative cost of forming the district incurred by the City will be paid by a deposit made by the developer. Repayment of the bonds are 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 City will, however, be faced with a long-term obligation going forward to maintain the City public facilities constructed as part of the development. RECOMMENDATION This is an advertised Public Hearing. The following is recommended to the City Council: 1. Open the Public Hearing and call for testimony 2. Close the Public Hearing 3. Adopt Resolution No. 2006-198 approving the joint facilities agreement and a fee deposit and reimbursement agreement 4. Adopt Resolution No. 2006-199 approving the formation of the District REPORT TO CITY COUNCIL NOVEMBER 28, 2006 PAGE 4 5. Adopt Resolution No. 2006-200 to incur bonded indebtedness and calling a special election 6. Direct the City Clerk to open sealed ballot(s), tally vote(s), announce the vote tally and state whether 2/3 of the voters are in favor 7. Adopt Resolution No. 2006-201 ordering canvassing of the election results 8. Conduct first reading of the Ordinance No. 1204 authorizing the levy of special tax PREPARED BY: MATT N. PRESSEY DIRECTOR OF ADMINISTRATIVE SERVICES APPROVED FOR AGENDA BY: CITY MANAGER'S OFFICE CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 28,2006 SUBJECT: PUBLIC HEARING- RESOLUTION DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES); CALL A SPECIAL ELECTION; CANVAS ELECTION RESULTS; AUTHORIZING LEVY OF SPECIAL TAXES FOR CFD 2003-1 ANNEXATION AREA NO. 21 (RIVERLAKE VILLAS) BACKGROUND On August 12,2003 the City Council approved Resolution 2003-37 establishing Community Facilities District No. 2003-1 (Law Enforcement, Fire, and paramedic Services). The district levies a special tax for public safety costs above what already exist in the district. The City is requiring undeveloped parcels within the City that are developed with more than four residential dwelling units to be annexed into the service district. On October 24, 2006, the City Council adopted a resolution of intention to annex the Riverlake Villas development into CFD 2003-1 and to authorize the levy of a special tax within the district to help finance a portion of the law enforcement, fire and paramedic services associated with the new multi-family residential development. REPORT TO CITY COUNCIL NOVEMBER 28, 2006 PAGE 2 DISCUSSION A special tax will be levied in the amount of $159.18 per multi-family dwelling unit for fiscal year 2006-07. The amount of the special tax assessment maximum increases two percent annually. The Riverlake Villas project will add 51 attached multi-family dwelling units to the existing district boundary and generate about $8,118.18 annually once all the homes are built. The map of the proposed boundary is attached. FISCAL IMPACT The cost oflaw enforcement and fire services is approximately $750 per single- family dwelling unit. For each dwelling unit, only about $100 to $150 of property tax dollars will be generated. Property tax and other revenues that will be generated from the residents are not sufficient to fund the cost of public safety services and therefore the CFD 2003-1 special tax levy of$159.18 will assist the funding of the increased public safety service where the property tax and other revenues are deficient. RECOMMENDATION This is an advertised Public Hearing. The following is recommended to the City Council: 1. Open the Public Hearing and take testimony 2. By motion, adopt Resolution No. 2006-202 determining the validity of prior proceedings 3. Adopt Resolution No. 2006-203 calling a special election 4. Adopt Resolution No. 2006-204 ordering canvassing of the election results 5. Conduct first reading of the Ordinance No. 1205 authorizing the levy of special tax. REPORT TO CITY COUNCIL NOVEMBER 28, 2006 PAGE 3 PREPARED BY: MATT N. PRESSEY DIRECTOR OF ADMINISTRATIVE SERVICES APPROVED FOR AGENDA BY: CITY MANAGER'S OFFICE TO: FROM: DATE: SUBJECT: BACKGROUND CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL MAYOR AND CITY COUNCIL ROBERT A. BRADY, CITY MANAGER NOVEMBER 28, 2006 ZONING ORDINANCE TEXT AMENDMENT NO. 2006-02; A REQUEST TO AMEND PORTIONS OF THE LAKE ELSINORE MUNICIPAL CODE (LEMC) RELATED TO 1) THE MODIFICATION OF THE MINIMUM ON-SITE LANDSCAPE COVERAGE PERCENTAGE REQUIREMENTS WITHIN COMMERCIAL AND INDUSTRIAL ZONES, AND 2) MODIFYING THE SIZE AND AMOUNT OF REQUIRED TREES IN RATIO TO THE NUMBER OF PARKING SPACES WITHIN PARKING AREAS AS OUTLINED IN CHAPTER 17.66 (PARKING REQUIREMENTS). At their regular scheduled meeting of November 7, 2006, the Planning Commission unanimously adopted the following resolution based on the findings made and attachments: . Resolution No. 2006-122 recommending the City Council approval of Zoning Ordinance Text Amendment No. 2006-02 and the adoption of the Negative Declaration therefore. DISCUSSION Text Amendment Number 2006-02 is intended to modify current landscaping requirements within commercial and industrial districts as well as increasing the quantity and size of required trees in relation to the number of parking spaces within parking areas as outlined in Chapter 17.66 (Parking Requirements). In REPORT TO CITY COUNCIL NOVEMBER 28, 2006 PAGE 2 OF 3 reviewing past and current submitted applications, staff has had some concerns regarding commercial and industrial developments, which although meet current minimum code requirements for on-site landscaping, do not provide adequate on-site landscaping and necessary quantities and sizes of shade trees within parking areas. To summarize, the proposed landscape-related changes to the commercial and industrial zoning districts as well as the parking ordinance are as follows: . Increase the amount of on-site landscape coverage from ten-percent (10%) to twenty-percent (20%) in all commercial districts. . Increase the amount of on-site landscape coverage from eight-percent (8%) to twenty-percent (20%) in all industrial districts. . Increase the required ratio of one (1) fifteen (15) gallon tree for every ten (10) parking spaces to one (1) twenty-four inch (24") box tree for every five (5) parking spaces. The Planning Commission heard the Staff Report (Attachment 2) and presentation from staff before deliberating on the proposed Text Amendment. No one from the audience wished to comment, either in favor or opposed. The Planning Commission was very receptive to the proposal that staff brought before them. They were pleased with the possibilities of further beautifying the City in the affected zoning districts as well as achieving equivalence with the landscaping requirements of surrounding communities. FISCAL IMPACT The proposed zoning ordinance text amendment would make minor changes to existing on-site landscape requirements within all commercial and industrial districts as well as to the amount and size requirements of trees in relation to the amount of parking spaces within parking areas. The changes would not change the overall scope or complexity of the standards and as such would not require any additional staff time or resources to administer. There would be minimal fiscal impact to the City resulting from administration or enforcement of the proposed ordinance. REPORT TO CITY COUNCIL NOVEMBER 28, 2006 PAGE 3 OF 3 RECOMMENDATION Approve the first reading of the attached Ordinance No. 1206 amending portions of LEMC Chapter 17.40 (C-O Commercial Office District), Chapter 17.44 (C-l Neighborhood Commercial District), Chapter 17.48 (C-2 General Commercial District), Chapter 17.52 (C-P Commercial Park District), Chapter 17.54 (C-M Commercial Manufacturing District), Chapter 17.56 (M-l Limited Manufacturing District), Chapter 17.60 (General Manufacturing District), and Chapter 17.66 (Parking Requirements) related to modifying the minimum on- site landscape percentage requirements, and; 2) modifying the size and amount requirements of trees in relation to the amount of parking spaces in parking areas in order for the effective date of the Ordinance to be January 10,2007. PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER APPROVED FOR AGENDA BY: CITY MANAGER'S OFFICE ATTACHMENTS 1. City Council Ordinance No. approvmg Zoning Ordinance Text Amendment No. 2006-02 2. Planning Commission Staff Report of November 7, 2006 3. Negative Declaration and Initial Study CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: NOVEMBER 28, 2006 SUBJECT: APPEAL OF CONDITION OF APPROVAL NO. 35 FOR A MINOR DESIGN REVIEW OF A SINGLE-FAMILY RESIDENCE LOCATED AT 15087 LARSON ROAD (APN: 379-080-050) APPLICANT: JULIAN SUAREZ: P.O. BOX 8832 MORENO VALLEY, CA 92553 OWNER: SAME LOCATION The approximately .25 acre vacant site is located approximately 145-linear feet northwest of Machado Street and 20-linear feet southwest of Larson road at 15087 Larson Road. More specifically, the property is located within the R-I (Single-Family Residential) Zone district and has a General Plan designation of Low Medium Density (LMD) (APN: 379-080-050). REQUEST The request before the City Council is for an appeal to Condition of Approval No. 35 related to a proposed Minor Design Review (MDR) of a single- family residence located at 15087 Larson Road (APN: 379-080-050). Condition of Approval No. 35 was modified by the Planning Commission on October 17, 2006 and reads that the applicant shall connect to the existing sewer line located within the Machado Street right-of-way as required by the California Uniform Plumbing Code. Part II Section 713.4 of the California Plumbing Code requires that projects connect to a public sewer, ifthe proposed building or exterior drainage facility is located within 200- feet of a point of connection. Conversely, ifthe project is located more than 200- feet from any proposed building or exterior drainage facility on any lot REPORT TO THE CITY COUNCIL NOVEMBER 28,2006 PAGE20F4 or premises which abuts and is served by such public sewer, then a sewer, as defined by the California Plumbing Code, is not available and therefore, the applicant may install a septic system. BACKGROUND OF APPEAL At their regular meeting of October 17, 2006, the Planning Commission conducted a public hearing for the proposed Minor Design Review of a single-family residence located at 15087 Larson Road. Based on staffs recommendation, the testimony received and the revision to Condition of Approval No. 35, the Planning Commission adopted Resolution No. 2006-110 approving the proposed single-family residence. On October 24, 2006, seven (7) days after the Planning Commission decision, a request for an appeal was submitted by Mr. Julian Suarez. Mr. Suarez stated on the City of Lake Elsinore Appeal form that he was "appealing the requirements of Condition No. 35". On November 14, 2006, staff discussed with Mr. Suarez the purposes ofthe Appeal in greater detail. He stated that since the County of Riverside's Health Department determined that his project, (from connection point to connection point), is a distance greater than 200- feet a septic system was acceptable. He also indicated that other home owners within the vicinity, of which lie closer to the sewer point-of-connection than his project, have not been required to connect to sewer and have been allowed to install a septic system. He reiterated that EVMWD told him that his project is located approximately 21 O-feet from the sewer connection point. It should be noted however, that EVMWD also provided staff with a sewer line vicinity map, which staff determined to be 145-feet from the connection point (see Attachment 2). DISCUSSION Condition of Approval No. 35 is discussed as follows: Condition of Approval No. 35, which was modified by the Planning Commission on October 17, 2006, requires that the applicant connect to the existing sewer line located within the Machado Street right-of-way as required by the California Uniform Plumbing Code. As stated above, Section 713 of the California Plumbing Code mandates that a private sewer system is not an option ifit is located less than 200-feet from any proposed building or exterior drainage facility. REPORT TO THE CITY COUNCIL NOVEMBER 28, 2006 PAGE30F4 As such, staff relies on either the Elsinore Water District (EWD) or the Elsinore Valley Municipal Water District (EVMWD) to determine whether a sewer connection is available to the project. In the case of the proposed single-family residence located at 15087 Larson Road, EVMWD provided staffwith a map indicating that the proposed project is located approximately 145 feet from the sewer connection point located in the Machado Street and Grant Drive intersection (see Attachment 2). Per the requirements of the California Plumbing Code and the map provided by EVMWD, the project must connect to the existing sewer line. FISCAL IMPACT No impact. RECOMMENDATION I. Staff recommends that the City Council deny the appeal and uphold the Planning Commission's decision to require that the proposed residence connects to the existing public sewer service. PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER APPROVED FOR AGENDA BY: CITY MANAGER'S OFFICE REPORT TO THE CITY COUNCIL NOVEMBER 28, 2006 PAGE40F4 ATTACHMENTS 1. Vicinity Map 2. Appeal Form dated October 6, 2006 3. Planning Commission Minutes dated October 17,2006 4. Elsinore Valley Municipal Water District Sewer Line Map 5. Planning Commission Staff Report dated October 17, 2006 6. Planning Commission Resolution dated October 17,2006 7. Planning Commission Conditions of Approval dated October 17,2006 8. Section 713 (Sewers Required) of the California Plumbing Code 9. Site Plan