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HomeMy WebLinkAbout11-28-2006 City Council MinutesMINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 28, 2006 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resource Director Kilroy, Information /Communications Manager Dennis, Planning Manager Weiner, Recreation /Tourism Manager Fazzio, City Engineer Seumalo and City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:00 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Magee. Agenda Item No. Page 1 of 25 Page 2 — City Council Meeting Minutes — November 28, 2006 INVOCATION — MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE 1013M �1 Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Information /Communications Manager Dennis, Planning Manager Weiner, Lieutenant Peebles, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. 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) CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items "A" and "B" were discussed and there was no reportable action. PRESENTATION /CEREMONIALS A. Presentation — Certificate of Appreciation. Agenda Item No. Page 2 of 25 Page 3 — City Council Meeting Minutes — November 28, 2006 Mayor Magee called William Arnold forward to join him at the podium. Mayor Magee commended Mr. Arnold for investing his time voluntarily to the community through the Public Safety Advisory Commission. Mayor Magee read and presented the Certificate of Appreciation to Mr. Arnold. B. Proclamation — American Education Week. Mayor Magee called LEUSD Superintendent Dr. Frank Passarella forward to join him at the podium. Mayor Magee read and presented the Proclamation to Dr. Passarella. Dr. Passarella thanked Council and staff for the Proclamation. C. Chamber Update. Mayor Magee called Nancy Hunzeker to the podium. Ms. Hunzeker noted that the Chamber of Commerce was having a record breaking year. She noted that the number of unique visitors to their website was well over 3,000 a month since April of 2006. She noted that the number of unique visitors had increased 300% since August of 2005. She noted that the average number of visitors in the 4th quarter of 2005 were 1,500. She noted that their average number of visitors in October 2006 was 4,569. She noted that the Chamber had over 410 members. Ms. Hunzeker commented on their 4 Annual Toy and Food drive. She noted that items could be dropped off at the Chamber of Commerce. She noted that the Chamber of Commerce was holding their 58 Annual Installation Dinner and awards ceremony would be held on January 27 at 6 p.m. at Pechanga Resort and Casino. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE Ruth Atkins, Lake Elsinore Historical Society, commented on their Holiday Home Tour. She noted that the Tour would be Saturday, December 9 th from 10 a.m. to 3 p.m. She noted that tickets were on sale at the Main Street Museum. Agenda Item No. Page 3 of 25 Page 4 — City Council Meeting Minutes — November 28, 2006 Ruth Atkins, Lake Elsinore Historical Society, expressed the organization's appreciation to the City for the loan of the City safe that had been in City Hall since it opened in 1934. CONSENT CALENDAR ITEMS MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO PULL ITEM NO.2 AND APPROVE THE BALANCE OF THE CONSENT CALENDAR The following minutes were approved: a. Joint City Council /Redevelopment Agency Study Session — October 24, 2006. b. Joint City Council /Redevelopment Agency Study Session — November 9, 2006. 3. Approved the funding for a projector for the Library. 4. Approved the Settlement and Relocation Payment Agreement and authorized the Mayor to execute the agreement. Approved the Lease Agreement and authorized the Mayor to execute the agreement. 5. Approved Final Map No. 30494 -1 and authorized the City Clerk to accept all dedications, sign the map and arrange for the recordation. 6. Approved Final Map No. 30494 -2 and authorized the City Clerk to accept all dedications, sign the map and arrange for the recordation. 7. Approved agreement with Caltrans and authorized the Mayor to execute the agreement. ITEMS PULLED FROM THE CONSENT CALENDAR 2. Claim against the City — Janice Orr. James Adams noted that he was asked to speak by the claimant. He noted Agenda Item No. Page 4 of 25 Page 5 — City Council Meeting Minutes — November 28, 2006 that the claimant believed that the Council needed to know the depth and seriousness of the problem. He commented on an article in the Press Enterprise that had to do with the Sheriff's Department. He noted that the claimant felt that the claim should not be taken lightly. He noted that he had spoken with the Senior Investigator with the Bureau of Investigation who did not take the claim lightly. He commented on a letter from the Claims Company. He noted that the Council should be aware that the advice given from the Claims Company was wrong. Mr. Adams commented on 2 Christian Churches and a Christian School being attacked. City Attorney Leibold clarified the claim procedure. She noted that the Claims Adjuster was appointed through the JPIA. She noted that the City follows the direction of the Claims Adjusters. Councilmember Buckley inquired if it was the standard operating procedure for the Claims Adjuster to send a letter stating that the claim is still being investigated. He further inquired if a recommendation to reject the claim means that the investigation stops. City Attorney Leibold noted that a recommendation to reject a claim does not mean that the investigation stops. She noted that the City contracted the Sheriff's Department. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO REJECT THE CLAIM. PUBLIC HEARINGS 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. Mayor Magee opened the public hearing at 7:20 p.m. City Manager Brady commented on the item. He requested that the City Attorney announce the notice of the item. City Attorney Liebold announced that the notice had been published in Agenda Item No. Page 5 of 25 Page 6 — City Council Meeting Minutes — November 28, 2006 accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey commented on the item. He noted that the item was an Annexation for the park area for the Serenity project. He noted some of the amenities that the park would have. He noted that the City was looking to assess for the landscape and maintenance of the park. He noted that the annual maintenance cost was $22,630. He noted that the City's portion would be 25.5% of the total cost. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the increase. He also inquired if there was anyone that wished to speak at all. Chris Philazyne, Menifee resident, inquired if one of the acres could include a skate park. He noted that it would encourage people to partake in the sport in places other than the street and parking lots. Mayor Magee indicated that there was a skate and bmx park at the north end of town. City Treasurer Weber inquired if the homeowners had an opportunity to vote on the item. Administrative Services Director Pressey indicated that the developer, as part of their package, had sent out information notifying residents that it would be on the ballot. Mayor Magee inquired if there were any property owners subject to the proposed assessments who wished to file a written protest. He noted that if there were any property owners who wished to file a written protest, they must file it with the City Clerk at that time. He noted that for purpose of a majority protest, only written protests were to be considered. Mayor Magee closed the public hearing at 7:26 p.m. Mayor Magee directed City Cleric Ray to tabulate the ballots and announce if a majority protest had been made. Agenda Item No. Page 6 of 25 Page 7 — City Council Meeting Minutes — November 28, 2006 THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:29 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 7:35 P.M. City Clerk Ray tabulated the ballots and announced that a majority protest did not exist. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-193 APPROVING THE INCREASE OF ASSESSMENTS AND THE LEVY OF ASSESSMENTS. Councilmember Buckley inquired about the number of ballots that were cast that were not in favor of the increase. City Clerk Ray noted that there were 15 ballots that were not in favor of the increase. Dennis Anderson, Harris & Associates, commented that since KB Home owned 100 of the lots, they were only mailed 1 ballot for all of their lots. He noted that the 21 ballots included 1 ballot encompassing 100 lots. 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. Mayor Magee opened the pubic hearing at 7:35 p.m. City Manager Brady commented on the item. He requested that the City Clerk announce the notice of the item. City Clerk Ray announced that the notice had been published in accordance with the Mello Roos Community Facilities Act of 1982 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey noted that the development included 100 single - family residential units. He noted that this was the first Agenda Item No. Page 7 of 25 Page 8 — City Council Meeting Minutes — November 28, 2006 bond issue that the City is doing a joint funding with the LEUSD. He noted that the City improvements totaled an estimated $2.7 million. He noted that City fees totaled an estimated $1.8 million. He noted that EVMWD improvements totaled an estimated $1.5 million. He noted that the LEUSD impact fee totaled an estimated $1.5 million. He noted that the bond issue was sized not to exceed $7 million. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. City Treasurer Weber noted that it was good that the City was partnering with the LEUSD. Mayor Magee inquired if there were any property owners subject to the proposed assessments who wished to file a written protest. He noted that if there were any property owners who wished to file a written protest, they must file it with the City Clerk at that time. He noted that for purpose of a majority protest, only written protests were to be considered. Mayor Magee closed the public hearing at 7:40 p.m. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-194 APPROVING THE JOINT FACILITIES AGREEMENT AND A FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-195 APPROVING THE FORMATION OF THE DISTRICT. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-196 TO INCUR BONDED INDEBTEDNESS AND CALLING A SPECIAL ELECTION. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if two thirds of the votes cast were in favor of the propositions. City Clerk Ray tabulated the ballots and announced that two thirds of the Agenda Item No._ Page 8 of 25 Page 9 — City Council Meeting Minutes — November 28, 2006 votes cast were in favor of the propositions. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-197 ORDERING CANVASSING OF THE ELECTION RESULTS. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1203. ORDINANCE NO. 1203 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 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. Mayor Magee opened the public hearing at 7:44 p.m. City Manager Brady commented on the item. He requested that the City Clerk announce the notice of the item. City Clerk Ray announced that the notice had been published in accordance with the Mello Roos Community Facilities Act of 1982 and proof of such publication was on file in the City Clerk's office. Agenda Item No. Page 9 of 25 Page 10 — City Council Meeting Minutes — November 28, 2006 Administrative Services Director Pressey noted that the development had 51 multi - family residential units. He noted that there was a Joint Community Facilities Agreement between the City and EVMWD. He noted that the special tax was estimated at $3,143 per unit. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. Mayor Magee inquired if there were any property owners subject to the proposed assessments who wished to file a written protest. He noted that if there were any property owners who wished to file a written protest, they must file it with the City Clerk at that time. He noted that for purpose of a majority protest, only written protests were to be considered. Mayor Magee closed the public hearing at 7:46 p.m. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-198 APPROVING THE JOINT FACILITIES AGREEMENT AND A FEE DEPOSIT AND REIMBURSEMENT AGREEMENT. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-199 APPROVING THE FORMATION OF THE DISTRICT. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-200 TO INCUR BONDED INDEBTEDNESS AND CALLING A SPECIAL ELECTION. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if two thirds of the votes cast were in favor of the propositions. City Clerk Ray tabulated the ballots and announced that two thirds of the votes cast were in favor of the propositions. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-201 ORDERING CANVASSING OF THE ELECTION RESULTS. Agenda Item No. Page 10 of 25 Page 11— City Council Meeting Minutes — November 28, 2006 MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1204. ORDINANCE NO. 1204 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Councilmember Hickman noted the location of the item. 24. Resolution determining the validity of prior proceedings relating 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). Mayor Magee opened the public hearing at 7:50 p.m. City Manager Brady commented on the item. He requested that the City Attorney announce the notice of the item. City Attorney Leibold announced that the notice had been published in accordance with the Mello Roos Community Facilities Act of 1982 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey noted that the item was the 21" annexation into the Police, Fire and Paramedic CFD. He noted that each Agenda Item Na_ Page I I of 25 Page 12 —City Council Meeting Minutes —November 28, 2006 multi - family unit would be assessed $159.18. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. Mayor Magee inquired if there were any property owners subject to the special tax who wished to file a written protest. He noted that if there were any property owners who wished to file a written protest, they must file it with the City Clerk at that time. He noted that for purpose of a majority protest, only written protests were to be considered. Mayor Magee closed the public hearing at 7:52 p.m. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-202 DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-203 CALLING A SPECIAL ELECTION. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if two thirds of the votes cast were in favor of the propositions. City Clerk Ray tabulated the ballots and announced that two thirds of the votes cast were in favor of the propositions. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006 -204 ORDERING CANVASSING OF THE ELECTION RESULTS. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1205. ORDINANCE NO. 1205 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY Agenda Item No. Page 12 of 25 Page 13 — City Council Meeting Minutes — November 28, 2006 FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 21 (RIVERLAKE VILLAS) ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 25. Zoning Ordinance Text Amendment No. 2006 -02; a request to amend portions of the Lake Elsinore Municipal Code (LEMC). Planning Manager Weiner commented on the item. He noted that the proposed changes related to landscaping requirements as it related to commercial and industrial developments. He noted that staff felt that the changes would greatly enhance future industrial and commercial developments in the City, as well as give developers clear guidelines relating to landscaping for their projects. Councilmember Buckley inquired if staff had reviewed residential landscaping. He commented on average shade in a city, he inquired if there was a formula to determine what percentage of a neighborhood would be shaded at the expected typical growth point. He inquired if that was currently in practice with the City. Planning Manager Weiner noted that the City did not do that. He noted that Murrieta had a calculation that they do for canopy shade and their parking lot areas. He noted that it was probable that they used a similar formula for shade. He noted that it could be researched to see if it was adequate enough to implement in a residential area. Councilmember Buckley noted that adequate shade gives a new Agenda Item No. Page 13 of 25 Page 14 — City Council Meeting Minutes — November 28, 2006 neighborhood an established look. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1206. Mayor Magee noted that the development community had been put on notice that the changes would be coming. He noted that the changes raise the bar and take the City up to the standards to the city of Temecula and beyond the city of Murrieta. He noted that the fact that the development community did not come forward and complain about the item was a testament and an acknowledgement that the Council was taking the community forward in a positive manner and raising the bar for development. ORDINANCE NO. 1206 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING SECTIONS 17.40.080 C., 17.44.070 C., 17.48.080 C., 17.52.090 C., 17.54.090 C., 17.56.100 C., 17.60.100 C., AND 17.66.100 H. OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING MINIMUM ON -SITE LANDSCAPING REQUIREMENTS IN COMMERCIAL AND INDUSTRIAL DISTRICTS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 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). Agenda Item No._ Page 14 of 25 Page 15 — City Council Meeting Minutes — November 28, 2006 Planning Manager Weiner commented on the item. He noted that the Appeal was in regard to a Condition of Approval that required the applicant to connect to the existing sewer line on Machado Street. He noted that the Condition of Approval fell in line with the State Uniform Plumbing Code. He noted that staff recommended that the Condition of Approval remain intact. He noted that the applicant was notified verbally and by mail of the evening's meeting. He noted that he did not see the applicant in the audience. Councilmember Buckley inquired why the applicant wanted to do septic. Planning Manager Weiner noted that the applicant expressed that connecting to the sewer line would create a financial situation for him. He noted that there was some explanation given to the applicant that the price difference was not that great. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO DENY THE APPEAL AND UPHOLD PLANNING COMMISSION'S DECISION TO REQUIRE THAT THE PROPOSED RESIDENCE CONNECTS TO THE EXISTING PUBLIC SEWER SERVICES. 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 66499.3 7, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The decision of the Planning Commission shall be final ten (10) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. 3. If the project proposes an outdoor storage tank, the applicant shall locate the unit within the side or rear yards. If location must be within the front yard, the applicant shall Agenda Item No. Page 15 of 25 Page 16 — City Council Meeting Minutes — November 28, 2006 provide a method of screening subject to the review and approval of the Director of Community Development or his designee. 4. Minor Design Review approval of a single-family dwelling unit located at 15087 Larson Road (APN: 379 - 080 -050) will lapse and become void one (1) year of the approval date unless a building permit is issued and construction commenced and the project is diligently being pursued toward completion. 5. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 6 Prior to issuance of any grading or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions, " and shall return the executed original to the Community Development Department for inclusion in the case records. 7. All 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. 8. All site improvements shall be constructed as indicated on the approved site plan and elevations, with revisions as noted herein. The applicant shall meet all required setbacks, and development standards pursuant to the R -1 (Single- Family Residential) development standards. Any revisions to the Minor Design Review attached hereto shall be processed in a similar manner as the original Minor Design Review. All plans submitted for Building Division plan check shall conform to the submitted plans as modified by the Conditions of Approval. 9. All windows shall use foam surrounds and/or other architectural -type features approved by the Community Development Director or designee. 10.All necessary exterior /ancillary equipment shall be effectively screened from public view. All proposed screening methods shall be reviewed and approved the Community Developer Director or designee. IL All roofing materials shall have a minimum Class "A° Fire rating, and so noted on the construction plans. 12. The Applicant is to meet all applicable City Codes and Ordinances. 13.A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. Agenda Item No. Pap 16 of 25 Page 17 — City Council Meeting Minutes — November 28, 2006 14. The Applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 15. The Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 16Any exterior air conditioning or other mechanical equipment shall be ground mounted and screened so that they are not visible from neighboring property or public streets. Air conditioning units and related equipment may not encroach more than two feet (2 ) into the required minimum side yard setback. 17. Garages shall be constructed to provide a minimum interior clear space of twenty feet (20) x twenty feet (20) for two cars. 18. The Applicant shall provide shrubs and plant materials as shown on the landscape plan. Any changes to this plan shall be subject to the approval of the Community Development Director or designee. The landscape plan improvements and plantings shall be fully installed prior to issuance of a Certificate of Occupancy. 19. Planting within fifteen feet (15) of ingress /egress points shall be no higher than 36 inches. 20. Driveways shall be constructed of concrete per Building and Safety Division standards. 21. All walls or fences located in any front yard shall not exceed thirty -six inches (36') in height with the exception that wrought -iron fences may be five feet (5) in height. Chain link fences shall be prohibited. 22. The applicant shall be required to remove and replace any existing chain link fencing and any,fencing that is in poor condition. It will be the responsibility of the applicant to contact the effected neighboring property owners. If the existing fencing is in good condition, this requirement may be waived per the approval of the Community Development Director or Designee. 23. The applicant shall provide a flat concrete pad a minimum of 3'- 0" by T- 0" adjacent to each dwelling unit. The storage pad for trash barrels shall be concealed from public view. 24. The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. Agenda Item No. Page 17 of 25 Page 18 — City Council Meeting Minutes — November 28, 2006 25. The applicant shall place a weatherproof 3'x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674 -3124. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 26.All walls and/or fencing need to be located off the property line and so indicated on the construction plans. If the Applicant proposes to place any walls and/or fencing on the property line he /she must submit a notarized agreement between the subject property owner and the adjacent properly owner to the Planning Department prior to issuance of a building permit. 27. The applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid prior to issuance of building permits. 28. Prior to the issuance of a building permit, the applicant shall indicate on the site plan and elevations plan that he will be incorporating six-foot (6) stuccoed block pilasters with wrought -iron fencing return walls on both sides of the proposed dwelling unit. In addition, the proposed stuccoed block pilasters shall aesthetically match the exterior stucco of the proposed dwelling unit. 29. The applicant shall pay park -in -lieu fees in effect at the time prior to issuance of building permits. 30. The applicant shall pay the Multiple Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee (fee for density less than 8 du /ac) prior to obtaining building permits. 31. Prior to the issuance of any building permit for the Project, the Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413(b)(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in -lieu fee at the rate of $2.00 per square foot of assessable space for each dwelling unit in the Project For purposes of this condition, "assessable space" means all of the square footage within the perimeter of a structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square footage within the perimeter of a residential structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. 32. Prior to the issuance of a building permit the Applicant shall obtained and submit a "will Agenda Item No._ Page 18 of 25 Page 19 — City Council Meeting Minutes — November 28, 2006 serve" letter f•om Elsinore Valley Municipal Water District to the satisfaction of the Director of Community Development. The "will serve" letter shall specifically indicate the specific water flow volumes for both domestic and fire protection water supply. 33. The applicant shall pay all applicable Library Capital Improvement Fund fee, prior to the issuance of a building permit. 34. The applicant /developer shall submit a "Will Serve" letter to the City Planning Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location such as water pressure and volume etc. The applicant shall submit this letter prior to applying for a building permit. 35. Planning Division that !he 19relgesed projeef lies out-side the required 61isianee for ,M,.•.awoi , eive. eenneetie° 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. (Modified by the Planning Commission on October 17, 2006) PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY 36 The Applicant shall plant twenty-four inch (24) box street trees along all street frontages selected from the City Street Tree List, a maximum of thirty feet (30) apart. Planting is subject to the approval of the Community Development Director or designee prior to issuance of a Certificate of Occupancy. 37. The applicant shall provide an irrigation system for landscaped areas onsite as shown on the landscape plans. The irrigation system shall be installed and operational prior to the issuance of Certificate of Occupancy. 38. The Applicant shall provide a rain sensor as shown on the landscape plan. The rain censor shall be installed prior to the issuance of a Certificate of Occupancy. 39. All exposed slopes in excess of three feet (3 ) in height shall have permanent irrigation system and erosion control vegetation installed, as approved by the City's Landscape Architect A Planting and Irrigation Plan shall be submitted, approved and planted prior to the issuance of a Certificate of Occupancy. Fees are required for review of plans and inspections. 40. The building address shall be a minimum of four inches (4') high and shall be easily visible from the public right -of -way. Care shall be taken to select colors and materials that contrast with building walls or trim. Installation of building address shall be done prior to the issuance of certificate of occupancy. 41. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate Agenda Item No. Page 19 of 25 Page 20 — City Council Meeting Minutes — November 28, 2006 of Occupancy and release of utilities. ENGINEERING DIVISION GENERAL 42. 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 43. The applicant /developer shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location such as water pressure and volume etc. The applicant shall submit this letter prior to applying for a building permit. 44.All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 45. The applicant shall provide fire protection access and facilities as required in writing by Riverside County Fire. 46. 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. 47.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 112 "x 11 "Mylar) shall be submitted to the Engineering Division before final inspection of off -site improvements will be scheduled and approved. 48. The original copy of grading plans to be submitted to engineering Department shall be on 24" x 36" Mylars with city specific boarder and title block and city specific grading notes all of which may be made available in digital files upon request via an e-mail to anutierrezglake- elsinore. orQ STREET IMPROVEMENTS 49.All work done under an encroachment permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 50. The applicant/developer shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. Agenda Item No._ Page 20 of 25 Page 21— City Council Meeting Minutes — November 28, 2006 GRADING 51. The applicant /developer shall obtain all necessary off-site easements for off -site grading from the adjacent property owners prior to grading permit. 52. The applicant /developer shall apply and obtain a grading permit with appropriate security prior to any grading activity. 53.A grading plan stamped /signed by a California Registered Civil Engineer is required if the sum of cut and fill grading volume 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 contours 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 shall apply and obtain a grading permit with appropriate security prior to grading permit issuance. 54. The developer /applicant to provide erosion control measures as part of their grading plan. The developer /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. 55. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to I for stability and proper erosion control. DRAINAGE 56A11 On -site drainage shall be conveyed to a public facility, or accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a drainage easement. 57.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. 58.All roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into landscaping prior to entering street facilities. FEES 59. The applicant /developer shall pay all Capital Improvement and Plan Check fees (LEMC 1634). The traffic mitigation fee is $1,369.00 and the drainage fee is $1,284.00 (Northwest Lake Management. Dist.) and the TUMF amount is $9,693. 00. Agenda Item No. Page 21 of 25 Page 22 — City Council Meeting Minutes — November 28, 2006 60. The applicantldeveloper shall pay in -lieu payment for future off-site public improvements prior to building permits (Resolution # 86 -35), the amount shall be based on estimated quantities of the improvements and current cost of construction by the design engineer subject to the approval by the City Engineer. STORMWATERI CLEANWA TER PROTECTION PROGRAM 61. The City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances rp 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. COMMUNITY SER VICES DEPARTMENT 62. The developer is to pay park fees of $1,600 per unit. 63. The developer will be required to participate in the `public facility" fee program. 64. The developer is to comply with all ArPDES storm water requirements. 65. The developer is to participate in the City -wide LLMD. 66 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. 67. The developer is to meet City curb, gutter, and sidewalk requirements. 68. The City's Landscape Architect is to review all landscape and/or irrigation requirements. 69. The developer is to provide half -width street improvements. Lake Elsinore Unified School District 70. Under the provisions of SB 50, the owner or developer will be required to pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. Agenda Item No. Page 22 of 25 Page 23 — City Council Meeting Minutes — November 28, 2006 BUSINESS ITEMS None. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:04 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:05 P.M. PUBLIC COMMENT No comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming events: December I"— Winterfest December 9 1h — Breakfast with Santa at Fire Station No. 10 December 17` — Open Air Farmer's Market CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: I) Commented on William Arnold's commitment to the PSAC. He noted that Mr. Arnold was one of the first individuals on the Commission. CITY COUNCIL COMMENTS Agenda Item No. Page 23 of 25 Page 24 — City Council Meeting Minutes — November 28, 2006 Mayor Pro Tem Schiffner commented on the following: 1) Thanked everyone for attending the meeting. Councilmember Hickman commented on the following: 1) Thanked the volunteers that helped with the Thanksgiving dinner. 2) Noted that Temescal Canyon High School and Elsinore High School were in the CIF Playoffs. He wished them both the best of luck. 3) Noted that Main Street Pub opened up and encouraged people to stop by. 4) Thanked the citizens who voted for himself and Councilmember Buckley. Councilmember Buckley commented on the following: 1) Inquired if there was an update on, Splash Mountain, where all the hang gliders land. City Attorney Leibold noted that it would be discussed at the December 12"' meeting. 2) Thanked everyone for their vote of confidence and support. 3) Thanked everyone who wished him well with his surgery. The Regular City Council Meeting was adjourned at :08 .p:m. 1 � /�- ROBERT E. MAGE , MAYOR CITY OF LAKE ELSINORE RESPECTFULLY SUBMITTED: `- ICHELLE SOTO. DEPUTY CITY CLERK Agenda Item No.____ Page 24 of 25 Page 25 — City Council Meeting Minutes — November 28, 2006 ATTEST: FRVII) 'RICK/2AY, CITY CLERK CITY OF LAKE ELSINORE Agenda Item No. Page 25 of 25